Common use of Limitation of Liability/Exclusion of Warranties Clause in Contracts

Limitation of Liability/Exclusion of Warranties. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE. FSB WILL ONLY BE RESPONSIBLE FOR PROVIDING THE DIGITAL SERVICES AS EXPRESSLY STATED IN THIS AGREEMENT. WE MAKE NO GUARANTEE THAT ACCESS TO THE DIGITAL SERVICES WILL BE AVAILABLE AT ALL TIMES AND WILL NOT BE LIABLE IF YOU ARE UNABLE TO USE DIGITAL SERVICES. THE DIGITAL SERVICES ARE PROVIDED “AS IS.” YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER, TABLET OR SMARTPHONE. NEITHER FSB NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY DELAYS, ERRORS, DELETIONS, OR FAILURES THAT OCCUR AS A RESULT OF ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE. THE FOREGOING SHALL CONSTITUTE FSB AND ITS SERVICE PROVIDER’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL FSB OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR ATTORNEYS FEES (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF THE SERVICE.

Limitation of Liability/Exclusion of Warranties. WE MAKE IN NO WARRANTYEVENT SHALL ONEKEY MLS BE LIABLE TO FIRM OR SALESPERSON PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES (EVEN IF ONEKEY MLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR LOST PROFITS ARISING FROM THIS AGREEMENT OR ANY BREACH OF IT. IN NO EVENT SHALL ONEKEY MLS BE LIABLE TO FIRM OR SALESPERSON PARTY FOR ANY AMOUNT IN EXCESS OF THE GREATER OF (A) THE FEES FIRM, SALESPERSON PARTY AND CONSULTANT HAVE PAID ONEKEY MLS, IF ANY, IN THE YEAR IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO ANY CLAIM FOR DAMAGES; OR (B) $100. FIRM AND SALESPERSON PARTY ACKNOWLEDGE THAT ONEKEY MLS PROVIDES ONEKEY MLS DATA ON AN “AS-IS,” “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONWARRANTY OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY NON- INFRINGEMENT, AND FITNESS FOR A PARTICULAR USE OR PURPOSEACCURACY. FSB WILL ONLY BE RESPONSIBLE FOR PROVIDING THE DIGITAL SERVICES AS EXPRESSLY STATED IN THIS AGREEMENT. WE MAKE NO GUARANTEE THAT ACCESS TO THE DIGITAL SERVICES WILL BE AVAILABLE AT ALL TIMES AND WILL ONEKEY MLS SHALL NOT BE LIABLE IF YOU ARE UNABLE TO USE DIGITAL SERVICES. THE DIGITAL SERVICES ARE PROVIDED “AS IS.” YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER, TABLET FIRM OR SMARTPHONE. NEITHER FSB NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE SALESPERSON PARTY FOR ANY DELAYSCLAIM ARISING FROM INACCURACIES IN ONEKEY MLS DATA, ERRORS, DELETIONSANY FAILURE TO UPDATE ONEKEY MLS DATA PROMPTLY, OR FAILURES THAT OCCUR AS A RESULT OF ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE. THE FOREGOING SHALL CONSTITUTE FSB AND ITS SERVICE PROVIDERONEKEY MLS DATA’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL FSB OR ITS SERVICE PROVIDERS BE LIABLE INADEQUACY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR ATTORNEYS FEES (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, PARTICULAR USE, WHETHER PERSONAL OR MAINTENANCE OF THE EQUIPMENTCOMMERCIAL. ONEKEY MLS makes no warranty, SOFTWAREincluding those regarding title, AND/OR YOUR USE OF THE SERVICEavailability, or non- infringement, regarding trademarks licensed under this Agreement, if any.

Limitation of Liability/Exclusion of Warranties. WE MAKE IN NO WARRANTYEVENT SHALL EITHER PARTY OR ANY OF ITS RESPECTIVE AFFILIATES BE LIABLE TO THE OTHER PARTY HEREUNDER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR LOST PROFITS ARISING FROM THIS AGREEMENT OR ANY BREACH OF IT. EXCEPT FOR CLAIMS FOR INDEMNITY PURSUANT TO PARAGRAPH 21, BELOW, IN NO EVENT SHALL EITHER PARTY OR ANY OF ITS RESPECTIVE AFFILIATES BE LIABLE TO THE OTHER PARTY FOR ANY AMOUNT IN EXCESS OF FIFTY THOUSAND DOLLARS ($50,000). THE PARTIES ACKNOWLEDGE THAT FRESNOMLS PROVIDES ALL INFORMATION UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONFIDENTIAL INFORMATION, FRESNOMLS CONTENT AND ANY LICENSED CONTENT ON AN “AS-IS,” “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONWARRANTY OF TITLE, THE IMPLIED WARRANTIES NON-INFRINGEMENT, AND ACCURACY. NEITHER FRESNOMLS NOR ANY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE. FSB WILL ONLY BE RESPONSIBLE FOR PROVIDING THE DIGITAL SERVICES AS EXPRESSLY STATED IN THIS AGREEMENT. WE MAKE NO GUARANTEE THAT ACCESS TO THE DIGITAL SERVICES WILL BE AVAILABLE AT ALL TIMES AND WILL NOT ITS AFFILIATES SHALL BE LIABLE IF YOU ARE UNABLE TO USE DIGITAL SERVICES. THE DIGITAL SERVICES ARE PROVIDED “AS IS.” YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER, TABLET OR SMARTPHONE. NEITHER FSB NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE ANY PARTY HEREUNDER FOR ANY DELAYSCLAIM ARISING FROM INACCURACIES IN THE LICENSED CONTENT, ERRORS, DELETIONSANY FAILURE TO UPDATE THE LICENSED CONTENT PROMPTLY, OR FAILURES THAT OCCUR AS A RESULT OF ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE. THE FOREGOING SHALL CONSTITUTE FSB AND ITS SERVICE PROVIDERLICENSED CONTENT’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL FSB OR ITS SERVICE PROVIDERS BE LIABLE INADEQUACY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR ATTORNEYS FEES (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, PARTICULAR USE, WHETHER PERSONAL OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF THE SERVICECOMMERCIAL.

Limitation of Liability/Exclusion of Warranties. WE MAKE NO WARRANTYUnder no circumstances shall DST be liable for any damages whatsoever, whether direct, indirect, incidental, consequential, special or exemplary (even if DST has been advised of, or has foreseen the possibility of such damages), arising from the access, use, or inability to access or use any DST CUSTOMER CENTER and the information on any DST CUSTOMER CENTER, including, without limitation, claims for defamation or loss of revenue or anticipated profits or lost business. THE DST CUSTOMER CENTER(S) ARE PROVIDED AS IS. DST DOES NOT MAKE, AND DST HEREBY SPECIFICALLY DISCLAIMS, ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE DST CUSTOMER CENTER(S), INCLUDING WITHOUT LIMITATION, THE ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR USE PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PURPOSECOURSE OF PERFORMANCE. FSB WILL ONLY BE RESPONSIBLE FOR PROVIDING THE DIGITAL SERVICES AS EXPRESSLY STATED IN THIS AGREEMENT. WE MAKE NO GUARANTEE THAT ACCESS MATERIAL POSTED TO THE DIGITAL SERVICES WILL BE AVAILABLE DST CUSTOMER CENTER(S) SHALL CONSTITUTE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO DST OR ANY OTHER PRODUCT OR SERVICE OF DST OR ITS AFFILIATES, NOR SHALL ANY SUCH MATERIAL MODIFY OR AMEND THE TERMS OF ANY LICENSE OR OTHER CONTRACT BETWEEN PIONEER AND DST OR ITS AFFILIATES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DST SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING THE AVAILABILITY OF ANY DST CUSTOMER CENTER AT ALL TIMES AND WILL NOT BE LIABLE IF YOU ARE UNABLE TO USE DIGITAL SERVICES. THE DIGITAL SERVICES ARE PROVIDED “AS IS.” YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER, TABLET ANY PARTICULAR TIME OR SMARTPHONE. NEITHER FSB NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY DELAYS, ERRORS, DELETIONS, OR FAILURES THAT OCCUR AS A RESULT LENGTH OF ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE. THE FOREGOING SHALL CONSTITUTE FSB AND ITS SERVICE PROVIDER’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL FSB OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR ATTORNEYS FEES (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF THE SERVICETIME.

Limitation of Liability/Exclusion of Warranties. WE MAKE IN NO WARRANTYEVENT SHALL DATA PROVIDERS BE LIABLE TO FIRM, NON-PRINCIPAL BROKER PARTY OR CONSULTANT, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF DATA PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR LOST PROFITS ARISING FROM THIS AGREEMENT OR ANY BREACH OF IT. IN NO EVENT SHALL CMLS BE LIABLE TO FIRM, ANY NON-PRINCIPAL BROKER PARTY, OR CONSULTANT FOR ANY AMOUNT IN EXCESS OF THE FEES FIRM AND CONSULTANT HAVE PAID CMLS, IF ANY, IN THE YEAR IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO ANY CLAIM FOR DAMAGES. FIRM AND ALL NON-PRINCIPAL BROKER PARTIES ACKNOWLEDGE THAT DATA PROVIDERS PROVIDE THE LICENSED DATA ON AN “AS-IS,” “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONWARRANTY OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR USE OR PURPOSEACCURACY. FSB WILL ONLY BE RESPONSIBLE FOR PROVIDING THE DIGITAL SERVICES AS EXPRESSLY STATED IN THIS AGREEMENT. WE MAKE NO GUARANTEE THAT ACCESS TO THE DIGITAL SERVICES WILL BE AVAILABLE AT ALL TIMES AND WILL DATA PROVIDERS SHALL NOT BE LIABLE IF YOU ARE UNABLE TO USE DIGITAL SERVICES. THE DIGITAL SERVICES ARE PROVIDED “AS IS.” YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCEFIRM, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER, TABLET NON- PRINCIPAL BROKER PARTY OR SMARTPHONE. NEITHER FSB NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE CONSULTANT FOR ANY DELAYSCLAIM ARISING FROM INACCURACIES IN THE LICENSED DATA, ERRORS, DELETIONS, ANY FAILURE TO UPDATE THE LICENSED DATA PROMPTLY OR FAILURES THAT OCCUR AS A RESULT OF ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE. THE FOREGOING SHALL CONSTITUTE FSB AND ITS SERVICE PROVIDERLICENSED DATA’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL FSB OR ITS SERVICE PROVIDERS BE LIABLE INADEQUACY FOR ANY DIRECTPARTICULAR USE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, WHETHER PERSONAL OR EXEMPLARY DAMAGESCOMMERCIAL. CMLS MAKES NO WARRANTY, INCLUDING LOST PROFITS THOSE REGARDING TITLE, AVAILABILITY OR ATTORNEYS FEES (EVEN NON-INFRINGEMENT, REGARDING TRADEMARKS LICENSED UNDER THIS AGREEMENT, IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF THE SERVICEANY.

Limitation of Liability/Exclusion of Warranties. ‌ WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE. FSB WILL ONLY BE RESPONSIBLE FOR PROVIDING THE DIGITAL SERVICES AS EXPRESSLY STATED IN THIS AGREEMENT. WE MAKE NO GUARANTEE THAT ACCESS TO THE DIGITAL SERVICES WILL BE AVAILABLE AT ALL TIMES AND WILL NOT BE LIABLE IF YOU ARE UNABLE TO USE DIGITAL SERVICES. THE DIGITAL SERVICES ARE PROVIDED “AS IS.” YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER, TABLET OR SMARTPHONE. NEITHER FSB NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY DELAYS, ERRORS, DELETIONS, OR FAILURES THAT OCCUR AS A RESULT OF ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE. THE FOREGOING SHALL CONSTITUTE FSB AND ITS SERVICE PROVIDER’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL FSB OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR ATTORNEYS FEES (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF THE SERVICE.

Limitation of Liability/Exclusion of Warranties. WE MAKE IN NO WARRANTYEVENT SHALL CMLS BE LIABLE TO CONSULTANT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF CMLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR LOST PROFITS ARISING FROM THIS AGREEMENT OR ANY BREACH OF IT. IN NO EVENT SHALL CMLS BE LIABLE TO CONSULTANT FOR ANY AMOUNT IN EXCESS OF THE FEES CONSULTANT HAS PAID CMLS, IF ANY, IN THE YEAR IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO ANY CLAIM FOR DAMAGES. CONSULTANT ACKNOWLEDGES THAT CMLS PROVIDES THE LICENSED DATA ON AN “AS-IS,” “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONWARRANTY OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR USE OR PURPOSEACCURACY. FSB WILL ONLY BE RESPONSIBLE FOR PROVIDING THE DIGITAL SERVICES AS EXPRESSLY STATED IN THIS AGREEMENT. WE MAKE NO GUARANTEE THAT ACCESS TO THE DIGITAL SERVICES WILL BE AVAILABLE AT ALL TIMES AND WILL CMLS SHALL NOT BE LIABLE IF YOU ARE UNABLE TO USE DIGITAL SERVICES. THE DIGITAL SERVICES ARE PROVIDED “AS IS.” YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER, TABLET OR SMARTPHONE. NEITHER FSB NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE CONSULTANT FOR ANY DELAYSCLAIM ARISING FROM INACCURACIES IN THE LICENSED DATA, ERRORS, DELETIONS, ANY FAILURE TO UPDATE THE LICENSED DATA PROMPTLY OR FAILURES THAT OCCUR AS A RESULT OF ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE. THE FOREGOING SHALL CONSTITUTE FSB AND ITS SERVICE PROVIDERLICENSED DATA’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL FSB OR ITS SERVICE PROVIDERS BE LIABLE INADEQUACY FOR ANY DIRECTPARTICULAR USE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, WHETHER PERSONAL OR EXEMPLARY DAMAGESCOMMERCIAL. CMLS MAKES NO WARRANTY, INCLUDING LOST PROFITS THOSE REGARDING TITLE, AVAILABILITY OR ATTORNEYS FEES (EVEN NON-INFRINGEMENT, REGARDING TRADEMARKS LICENSED UNDER THIS AGREEMENT, IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF THE SERVICEANY.

Limitation of Liability/Exclusion of Warranties. WE MAKE IN NO WARRANTYEVENT SHALL DATA PROVIDERS BE LIABLE TO CONSULTANT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF DATA PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR LOST PROFITS ARISING FROM THIS AGREEMENT OR ANY BREACH OF IT. IN NO EVENT SHALL CMLS BE LIABLE TO CONSULTANT FOR ANY AMOUNT IN EXCESS OF THE FEES CONSULTANT HAS PAID CMLS, IF ANY, IN THE YEAR IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO ANY CLAIM FOR DAMAGES. CONSULTANT ACKNOWLEDGES THAT CMLS PROVIDES THE LICENSED DATA ON AN “AS-IS,” “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONWARRANTY OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR USE OR PURPOSEACCURACY. FSB WILL ONLY BE RESPONSIBLE FOR PROVIDING THE DIGITAL SERVICES AS EXPRESSLY STATED IN THIS AGREEMENT. WE MAKE NO GUARANTEE THAT ACCESS TO THE DIGITAL SERVICES WILL BE AVAILABLE AT ALL TIMES AND WILL DATA PROVIDERS SHALL NOT BE LIABLE IF YOU ARE UNABLE TO USE DIGITAL SERVICES. THE DIGITAL SERVICES ARE PROVIDED “AS IS.” YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER, TABLET OR SMARTPHONE. NEITHER FSB NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE CONSULTANT FOR ANY DELAYSCLAIM ARISING FROM INACCURACIES IN THE LICENSED DATA, ERRORS, DELETIONS, ANY FAILURE TO UPDATE THE LICENSED DATA PROMPTLY OR FAILURES THAT OCCUR AS A RESULT OF ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE. THE FOREGOING SHALL CONSTITUTE FSB AND ITS SERVICE PROVIDERLICENSED DATA’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL FSB OR ITS SERVICE PROVIDERS BE LIABLE INADEQUACY FOR ANY DIRECTPARTICULAR USE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, WHETHER PERSONAL OR EXEMPLARY DAMAGESCOMMERCIAL. CMLS MAKES NO WARRANTY, INCLUDING LOST PROFITS THOSE REGARDING TITLE, AVAILABILITY OR ATTORNEYS FEES (EVEN NON-INFRINGEMENT, REGARDING TRADEMARKS LICENSED UNDER THIS AGREEMENT, IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF THE SERVICEANY.

Limitation of Liability/Exclusion of Warranties. WE MAKE IN NO WARRANTYEVENT SHALL DATA PROVIDERS BE LIABLE TO FIRM, NON-PRINCIPAL BROKER PARTY OR CONSULTANT, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF DATA PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR LOST PROFITS ARISING FROM THIS AGREEMENT OR ANY BREACH OF IT. IN NO EVENT SHALL NCMMLS BE LIABLE TO FIRM, ANY NON-PRINCIPAL BROKER PARTY, OR CONSULTANT FOR ANY AMOUNT IN EXCESS OF THE FEES FIRM AND CONSULTANT HAVE PAID NCMMLS, IF ANY, IN THE YEAR IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO ANY CLAIM FOR DAMAGES. FIRM AND ALL NON- PRINCIPAL BROKER PARTIES ACKNOWLEDGE THAT DATA PROVIDERS PROVIDE THE LICENSED DATA ON AN “AS-IS,” “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONWARRANTY OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR USE OR PURPOSEACCURACY. FSB WILL ONLY BE RESPONSIBLE FOR PROVIDING THE DIGITAL SERVICES AS EXPRESSLY STATED IN THIS AGREEMENT. WE MAKE NO GUARANTEE THAT ACCESS TO THE DIGITAL SERVICES WILL BE AVAILABLE AT ALL TIMES AND WILL DATA PROVIDERS SHALL NOT BE LIABLE IF YOU ARE UNABLE TO USE DIGITAL SERVICES. THE DIGITAL SERVICES ARE PROVIDED “AS IS.” YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCEFIRM, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER, TABLET NON-PRINCIPAL BROKER PARTY OR SMARTPHONE. NEITHER FSB NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE CONSULTANT FOR ANY DELAYSCLAIM ARISING FROM INACCURACIES IN THE LICENSED DATA, ERRORS, DELETIONS, ANY FAILURE TO UPDATE THE LICENSED DATA PROMPTLY OR FAILURES THAT OCCUR AS A RESULT OF ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE. THE FOREGOING SHALL CONSTITUTE FSB AND ITS SERVICE PROVIDERLICENSED DATA’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL FSB OR ITS SERVICE PROVIDERS BE LIABLE INADEQUACY FOR ANY DIRECTPARTICULAR USE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, WHETHER PERSONAL OR EXEMPLARY DAMAGESCOMMERCIAL. NCMMLS MAKES NO WARRANTY, INCLUDING LOST PROFITS THOSE REGARDING TITLE, AVAILABILITY OR ATTORNEYS FEES (EVEN NON-INFRINGEMENT, REGARDING TRADEMARKS LICENSED UNDER THIS AGREEMENT, IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF THE SERVICEANY.

Limitation of Liability/Exclusion of Warranties. WE MAKE IN NO WARRANTYEVENT SHALL EITHER PARTY OR ANY OF ITS RESPECTIVE AFFILIATES BE LIABLE TO THE OTHER PARTY HEREUNDER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR LOST PROFITS ARISING FROM THIS AGREEMENT OR ANY BREACH OF IT. EXCEPT FOR CLAIMS FOR INDEMNITY PURSUANT TO PARAGRAPH 21, BELOW, IN NO EVENT SHALL EITHER PARTY OR ANY OF ITS RESPECTIVE AFFILIATES BE LIABLE TO THE OTHER PARTY FOR ANY AMOUNT IN EXCESS OF FIFTY THOUSAND DOLLARS ($50,000). THE PARTIES ACKNOWLEDGE THAT ACTRIS PROVIDES ALL INFORMATION UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONFIDENTIAL INFORMATION, ACTRIS CONTENT AND ANY LICENSED CONTENT ON AN “AS-IS,” “AS- AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONWARRANTY OF TITLE, THE IMPLIED WARRANTIES NON- INFRINGEMENT, AND ACCURACY. NEITHER ACTRIS NOR ANY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE. FSB WILL ONLY BE RESPONSIBLE FOR PROVIDING THE DIGITAL SERVICES AS EXPRESSLY STATED IN THIS AGREEMENT. WE MAKE NO GUARANTEE THAT ACCESS TO THE DIGITAL SERVICES WILL BE AVAILABLE AT ALL TIMES AND WILL NOT ITS AFFILIATES SHALL BE LIABLE IF YOU ARE UNABLE TO USE DIGITAL SERVICES. THE DIGITAL SERVICES ARE PROVIDED “AS IS.” YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER, TABLET OR SMARTPHONE. NEITHER FSB NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE ANY PARTY HEREUNDER FOR ANY DELAYSCLAIM ARISING FROM INACCURACIES IN THE LICENSED CONTENT, ERRORS, DELETIONSANY FAILURE TO UPDATE THE LICENSED CONTENT PROMPTLY, OR FAILURES THAT OCCUR AS A RESULT OF ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE. THE FOREGOING SHALL CONSTITUTE FSB AND ITS SERVICE PROVIDERLICENSED CONTENT’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL FSB OR ITS SERVICE PROVIDERS BE LIABLE INADEQUACY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR ATTORNEYS FEES (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, PARTICULAR USE, WHETHER PERSONAL OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF THE SERVICE.COMMERCIAL. 1

Limitation of Liability/Exclusion of Warranties. WE MAKE NO WARRANTY(a) Neither Owner nor any Participant shall be liable to Charterer, whether under contract, tort (including negligence or strict liability), or otherwise, for any indirect, special or consequential damages of any nature whatsoever arising out of the demise of the Vessel pursuant to this Charter, the breach of this Charter, or out of the condition, use, operation or maintenance of the Vessel, including, but not limited to, any liability for personal injury, death, property damage, pollution or any other indirect, special or consequential damages or loss arising out of any defects in, failures, or malfunctions of the Vessel or any of the appurtenances thereof. (b) CHARTERER ACKNOWLEDGES THAT NEITHER OWNER NOR ANY PARTICIPANT DEAL IN PROPERTY OF THE KIND SUBJECT TO THIS CHARTER, NOR DOES OWNER OR ANY PARTICIPANT POSSESS OR OTHERWISE BY ITS OCCUPATION HOLD ITSELF OR ITS AGENTS OUT AS HAVING KNOWLEDGE OR SKILL PECULIAR TO THE VESSEL INVOLVED IN THIS TRANSACTION. CHARTERER ACKNOWLEDGES THAT IT HAS INSPECTED AND IS THOROUGHLY FAMILIAR WITH THE VESSEL AND HER APPURTENANCES AND THAT IT HAS REQUESTED OWNER AND PARTICIPANTS TO CHARTER THE VESSEL TO CHARTERER. NEITHER OWNER NOR ANY PARTICIPANT MAKES, NOR SHALL OWNER OR ANY PARTICIPANT, BY VIRTUE OF HAVING CHARTERED OR LEASED THE VESSEL TO CHARTERER PURSUANT TO THIS CHARTER, BE DEEMED TO HAVE MADE, ANY REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONWITH RESPECT TO (I) THE CONDITION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR USE PURPOSE, DESIGN, CLASSIFICATION, SEAWORTHINESS, CONDITION OR PURPOSE. FSB WILL ONLY BE RESPONSIBLE FOR PROVIDING THE DIGITAL SERVICES QUALITY OF SUCH VESSEL, HER EQUIPMENT OR APPURTENANCES, OR AS EXPRESSLY STATED IN THIS AGREEMENT. WE MAKE NO GUARANTEE THAT ACCESS TO THE DIGITAL SERVICES WILL BE AVAILABLE AT ALL TIMES AND WILL NOT BE LIABLE IF YOU ARE UNABLE MATERIAL OR WORKMANSHIP INCORPORATED THEREIN, (II) THE ELIGIBILITY OF THE VESSEL TO USE DIGITAL SERVICES. ENGAGE IN ANY PARTICULAR TRADE, OR (III) THE DIGITAL SERVICES ARE PROVIDED ABSENCE OF ANY VICES OR DEFECTS IN THE VESSEL, WHETHER HIDDEN OR OTHERWISE. (c) By execution of this Charter and Owner’s form of Delivery and Acceptance Certificate, Charterer acknowledges (a) that it has inspected the Vessel at its expense prior to the Commencement Date, or that it has irrevocably waived that right, (b) that the Vessel is satisfactory and suitable for the purposes required by Charterer, is in full compliance with the terms of this Charter, and is, in all respects, seaworthy and in good condition and repair, and (c) the Charterer has irrevocably accepted the Vessel, “AS IS, WHERE IS” on the Commencement Date, and that this Charter and the Delivery and Acceptance Certificate shall constitute conclusive evidence as between Owner and Charterer of the seaworthy condition of the Vessel at the Commencement Date. Nothing contained in this Section 6(c) or any other Charter Document shall, or shall be interpreted to, release or otherwise limit or impair any claim or right or remedy of Owner or Charterer against the prior owner or the builder of the Vessel or against the manufacturer of any appurtenance incorporated into and forming a component part of the Vessel (to the extent that any such claim, or right or remedy presently exists).” YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER, TABLET OR SMARTPHONE. NEITHER FSB NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY DELAYS, ERRORS, DELETIONS, OR FAILURES THAT OCCUR AS A RESULT OF ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE. THE FOREGOING SHALL CONSTITUTE FSB AND ITS SERVICE PROVIDER’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL FSB OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR ATTORNEYS FEES (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF THE SERVICE.