Common use of Warranties and Limitations of Liability Clause in Contracts

Warranties and Limitations of Liability. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY SERVICE PROVIDER (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), SERVICE PROVIDER (AND THEIR OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE “SERVICE PROVIDER PARTIES”), THEIR THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY SERVICE PROVIDER OR THEIR REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED. SERVICE PROVIDER DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF WE HAVE ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR SERVICE PROVIDER SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY EQUIPMENT PROVIDED BY SERIVCE PROVIDER). SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY SERVICE PROVIDER WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. SERVICE PROVIDER SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICE REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE AND/OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICE PROVIDER OR THROUGH OR FROM THE SERVICE AND/OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. IN NO EVENT SHALL SERVICE PROVIDER OR SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. THE LIABILITY OF SERVICE PROVIDER, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSEOR OTHER AGREEMENTS) THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Warranties and Limitations of Liability. YOU ACKNOWLEDGE 9.1 PROGNOST EXPRESSLY WARRANTS THE PRODUCTS MANUFACTURED BY IT AS MEETING THE APPLICABLE SPECIFICATIONS BY PROGNOST, OR OTHERWISE AGREED IN WRITING BETWEEN PROGNOST AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASISPURCHASER, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY SERVICE PROVIDER (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), SERVICE PROVIDER (AND THEIR OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE “SERVICE PROVIDER PARTIES”), THEIR THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL MAKES NO OTHER WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EITHER EXPRESS OR IMPLIEDIMPLIED (INCLUDING, INCLUDING BUT NOT LIMITED WITHOUT LIMITATION WARRANTIES AS TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY ). PURCHASER RETAINS RESPONSIBILITY FOR THE APPLICATION AND FUNCTIONAL ADEQUACY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, THE PRODUCTS AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTESERVICES. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY SERVICE PROVIDER OR THEIR REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED. SERVICE PROVIDER DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF WE HAVE ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, LOOP LENGTHIN ADDITION, THE CONDITION FOLLOWING SHALL CONSTITUTE THE EXCLUSIVE REMEDIES FOR ANY BREACH BY PROGNOST OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORSITS WARRANTIES HEREUNDER. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASONNO EVENT, NEITHER YOU NOR SERVICE PROVIDER REGARDLESS OF CAUSE, SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY EQUIPMENT PROVIDED BY SERIVCE PROVIDER). SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY SERVICE PROVIDER WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. SERVICE PROVIDER SHALL NOT PROGNOST BE LIABLE FOR LOSS OF YOUR DATAINCIDENTAL, DIRECT OR IF CHANGES IN OPERATIONINDIRECT, PROCEDURESSPECIAL OR CONSEQUENTIAL DAMAGE, EITHER REAL OR SERVICE REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCEALLEGED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE AND/OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE PROGNOST' MAXIMUM LIABILITY TO PURCHASER ARISING FOR ANY DAMAGE REASON RELATING TO YOUR COMPUTER SYSTEM OR LOSS PROGNOST'S SALE OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICE PROVIDER OR THROUGH OR FROM THE SERVICE AND/OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. IN NO EVENT SHALL SERVICE PROVIDER OR SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON PRODUCTS OR PERFORMANCE OF SERVICES SHALL BE LIMITED TO THE SERVICE, REGARDLESS AMOUNT OF FEES PAID TO PROGNOST FOR THE TYPE PERFORMANCE OF CLAIM SUCH SERVICES OR THE NATURE OF PRICE FOR SUCH PRODUCTS, AS APPLICABLE. PURCHASER ACKNOWLEDGES THAT PROGNOST HAS SET ITS PRICES AND SHALL ENTERED INTO AN AGREEMENT IN RELIANCE UPON THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. THE LIABILITY OF SERVICE PROVIDER, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSEOR OTHER AGREEMENTS) THIRD PARTY LICENSORSAND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR AND THAT THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS SAME FORM AN ESSENTIAL BASIS OF THE TYPE OF CLAIM OR NATURE OF BARGAIN BETWEEN THE CAUSE OF ACTIONPARTIES. THE FOREGOING PARTIES AGREE THAT THE LIMITATIONS SHALL AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THESE TERMS AND CONDITIONS WILL SURVIVE AND APPLY EVEN IF FOUND TO THE FULL EXTENT PERMITTED BY LAWHAVE FAILED OF THEIR ESSENTIAL PURPOSE. 9.2 MATERIAL, WORKMANSHIP, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAWTITLE: Prognost warrants to Purchaser that all products manufactured by Prognost shall be free from defects in workmanship and title. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO SERVICE PROVIDER’S THIRD PARTY LICENSORSPrognost does not warrant any equipment, PROVIDERS AND SUPPLIERSmaterials, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENTtools or services provided by a third party which are required for the installation or use of Prognost products, nor does Prognost warrant against any damages caused or exacerbated by non-Prognost equipment or materials, such as communications lines, which are provided by Purchaser or by a third party. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIESPrognost agrees to either replace or repair, free of charge, any such product, component, or part thereof which shall be returned to the nearest authorized Prognost repair facility within twenty four (24) months from date of shipment or eighteen (18) months from date of installation, with transportation charges prepaid for the account of Purchaser. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS)Some products may contain refurbished components and if so shall be equivalent to new products. The cost to diagnose or replace defects at the job site, WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIESif required, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGESshall be the responsibility of Purchaser based on Prognost’s then current schedule of professional fee. IF THESE LAWS APPLYAny product or component, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOUor part thereof so replaced or repaired shall be warranted by Prognost only for the remainder of the original warranty period. Any and all such replacements or repairs necessitated by inadequate preventative maintenance, or by normal wear and usage, or by the fault of the Purchaser, or power sources supplied by others, or by attack and deterioration under unsuitable environmental conditions shall be for the account of Purchaser. Prognost shall not be obligated to pay any costs or charges including "back charges" incurred by Purchaser or any other party except as may be agreed upon in writing in advance by Prognost. Purchaser agrees to inspect and maintain all equipment purchaser from Prognost in accordance with Prognost’s recommendations.

Warranties and Limitations of Liability. YOU ACKNOWLEDGE You acknowledge and agree that the entire risk arising out of use or performance of the Software remains with the user. You acknowledge and agree that when you use this Software in other locations than Poland then you do so on your own initiative and responsibility, and make sure to compliance with applicable local laws. 3.1 LIMITED WARRANTY THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, THE SOFTWARE APPLICATION AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER DOCUMENTATION(S)) IS PROVIDED ON AN “"AS IS” OR “AS AVAILABLE” BASIS" WITHOUT WARRANTY OF ANY KIND, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY SERVICE PROVIDER (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), SERVICE PROVIDER (AND THEIR OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE “SERVICE PROVIDER PARTIES”), THEIR THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE, ACCURACY, NON- INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS MIRILLIS MAKES NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY SERVICE PROVIDER OR THEIR REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED. SERVICE PROVIDER DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF WE HAVE ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR SERVICE PROVIDER SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY EQUIPMENT PROVIDED BY SERIVCE PROVIDER). SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY SERVICE PROVIDER WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR MONFLO SERVICES WILL BE UNINTERRUPTED, ERROR-TIMELY OR ERROR FREE. YOUR USE OF THE SOFTWARE AND/OR SERVICES IS AT YOUR OWN RISK. 3.2 LIMITATIONS OF DAMAGES AND LIABILITY NEITHER MIRILLIS NOR ITS LICENSORS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE SOFTWARE OR ANY USE OF THIS SOFTWARE, SECUREINCLUDING WITHOUT LIMITATION DAMAGE TO YOUR MOBILE DEVICE, OR FREE OTHER DEVICE, LOSS OF VIRUSESDATA, WORMSLOSS OF GOODWILL, DISABLING CODE LOSS OF PROFITS, WORK STOPPAGE, COMPUTER FAILURE OR CONDITIONSMALFUNCTION, OR THE LIKEANY AND ALL OTHER DAMAGES OR LOSSES. SERVICE PROVIDER SHALL NOT BE LIABLE FOR LOSS OF YOU EXPRESSLY AGREE THAT YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICE REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE AND/OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL RISK. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MIRILLIS BE SOLELY RESPONSIBLE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM LOSS OR LOSS OF DATA THAT RESULTS DAMAGES RESULTING FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICE PROVIDER OR THROUGH OR FROM THE SERVICE AND/OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. IN NO EVENT SHALL SERVICE PROVIDER OR SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT USE OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICESOFTWARE, OR RELIANCE ON THE INFORMATION PRESENTED IN CONNECTION WITH THE SERVICE OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITYSOFTWARE, EVEN IF WE HAVE MIRILLIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM DAMAGES OR DAMAGES, OR (B) ANY CLAIMS AGAINST LOSS. YOU BY ANY OTHER PARTY. THE LIABILITY OF SERVICE PROVIDER, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSEOR OTHER AGREEMENTS) THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL AGREE NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS SUCH CLAIM AGAINST MIRILLIS OR DEFENSES WHICH ARE PROHIBITED THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES. NEITHER MIRILLIS NOR ITS LICENSORS SHALL BE LIABLE IN ANY WAY FOR ANY ADDITIONAL COSTS, INLUDING, BUT NOT LIMITED TO ADDITIONAL CHARGES FROM MOBILE/TELECOMMUNICATION OPERATORS ARISING OUT OF THE SOFTWARE OR ANY USE OF THE SOFTWARE. NEITHER MIRILLIS NOR ITS LICENSORS SHALL BE LIABLE IN ANY WAY FOR ANY DAMAGES OR LOSS ARISING OUT OF THE USE OF THE SOFTWARE BY LAW. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO SERVICE PROVIDER’S THIRD ANY 3RD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, PERSON OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOUORGANISATION.

Warranties and Limitations of Liability. a. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY SPECIFICALLY b. YOU ASSUME ALL RISK, RESPONSIBILITY, AND LIABILITY FOR USE OF THE SERVICE TO CONNECT TO, AND ACCESS CONTENT ON, THE INTERNET. SUCH CONTENT MAY INCLUDE INFORMATION OR PROGRAMS OF AN UNLAWFUL, INFRINGING, ABUSIVE, PROFANE, OR SEXUALLY OFFENSIVE NATURE. THE NYMBLE PARTIES HAVE NO LIABILITY FOR ANY EQUIPMENT PROVIDED BY SERVICE PROVIDER (BUT ONLY IF CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT)CONTENT OR FROM USE OR RELIANCE UPON INFORMATION, SERVICE PROVIDER (AND THEIR OFFICERSSERVICES, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY OR MERCHANDISE ACCESSED ON THE “SERVICE PROVIDER PARTIES”), THEIR THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR INTERNET THROUGH THE SERVICE. c. THE NYMBLE PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT ANY SOFTWARE INSTALLED ON THE PERSONAL COMPUTER OR THAT YOU MAY DOWNLOAD FROM THE INTERNET, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADEONLINE SERVICE PROVIDER, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR OTHER INFORMATION GIVEN BY SERVICE PROVIDER OR THEIR REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED. SERVICE PROVIDER DOES NOT WARRANT CONTAIN ANY VIRUS OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OTHER DAMAGING OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF WE HAVE ACCEPTED YOUR ORDER FOR SERVICEDESTRUCTIVE ATTRIBUTE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, LOOP LENGTH, NYMBLE PARTIES HAVE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR SUCH ACTS OR OCCURRENCES. d. THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR SERVICE PROVIDER SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY EQUIPMENT PROVIDED BY SERIVCE PROVIDER). SERVICE PROVIDER DOES NYMBLE PARTIES DO NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY SERVICE PROVIDER NYMBLE WILL ALWAYS PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE e. IF THE EQUIPMENT PROVIDED HAS THE ABILITY TO TRANSMIT INTERNET SIGNALS WIRELESSLY, IT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT EXPRESSED OR IMPLIED WARRANTIES OF ANY KIND WHATSOEVER (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE), OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE. WE MAKE NO WARRANTIES THAT WIRELESS INTERNET SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE, OR THAT THE WI-FI SERVICE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE. WIRELESS INTERNET SERVICE PROVIDER SHALL SHOULD NOT BE RELIED ON FOR CRITICAL USES. THE WIRELESS INTERNET SERVICE USES RADIO TRANSMISSIONS, SO YOU MAY NOT BE ABLE TO USE THE WIRELESS INTERNET SERVICE BASED ON A VARIETY OF CRITERIA BEYOND NYMBLE’S CONTROL. THERE ARE MANY FACTORS THAT MAY IMPACT AVAILABILITY AND QUALITY OF THE WIRELESS INTERNET SERVICE, INCLUDING NETWORK CAPACITY, TERRAIN, TREES, PLACEMENT OF BUILDINGS, THE CHARACTERISTICS OF YOUR RESIDENCE, AND THE CHARACTERISTICS OF YOUR WIRELESS DEVICE AND ANY DEVICE TO WHICH IT IS ATTACHED. DATA DELAYS AND OMISSIONS MAY OCCUR. f. EXCEPT FOR THE SERVICE INTERRUPTION CREDIT DESCRIBED IN SECTION 6, ABOVE, AND THE INSTALLATION DAMAGES PROVISIONS DESCRIBED IN SECTION 10, ABOVE, NYMBLE WILL NOT BE LIABLE TO YOU FOR LOSS ANY LOSSES OR DAMAGES OF ANY KIND BASED ON BREACHES OF THIS AGREEMENT OR ARISING FROM YOUR DATARELATIONSHIP WITH US, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICE REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE REGARDLESS OF THE SERVICE AND/OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD BASIS OF ANY SUCH MATERIALCLAIM OR THE THEORY OF LIABILITY. NO ADVICE THIS WAIVER INCLUDES WITHOUT LIMITATION CLAIMS BASED IN CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICE PROVIDER OR THROUGH OR FROM THE SERVICE AND/OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENTSTATUTE. IN NO EVENT SHALL SERVICE PROVIDER OR SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS THE NYMBLE PARTIES BE LIABLE FOR: (A1) ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL CONSEQUENTIAL, OR INCIDENTAL DAMAGESDAMAGES OR ATTORNEYS’ FEES, OF ANY KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DAMAGE TO EQUIPMENT OR SURROUNDINGS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, BUSINESS INTERRUPTION, LOST PROFITS PROFITS, OR LOSS OF REVENUE, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, USE OR PARTIAL USE OF, OR INABILITY TO USE USE, THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE NEGLIGENCE, STRICT LIABILITY OR STRICT LIABILITYSTATUTE, EVEN IF WE HAVE NYMBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR OR (B2) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. THE LIABILITY OF SERVICE PROVIDER, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSEOR OTHER AGREEMENTS) THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Warranties and Limitations of Liability. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY SERVICE PROVIDER (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), SERVICE PROVIDER (AND THEIR OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE “SERVICE PROVIDER PARTIES”), THEIR THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY SERVICE PROVIDER OR THEIR REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED. SERVICE PROVIDER DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF WE HAVE ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR SERVICE PROVIDER SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY EQUIPMENT PROVIDED BY SERIVCE PROVIDER). SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY SERVICE PROVIDER WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. SERVICE PROVIDER SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICE REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE AND/OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICE PROVIDER OR THROUGH OR FROM THE SERVICE AND/OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. 16.1 IN NO EVENT SHALL SERVICE PROVIDER OR SERVICE PROVIDER’S THIRD EITHER PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) FOR ANY DIRECTLOSS OF DATA, LOSS OF PROFITS, COST OF COVER OR OTHER SPECIAL, INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICEHOWEVER CAUSED, REGARDLESS OF THE TYPE THEORY OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES. 16.2 IN NO EVENT SHALL EITHER PARTY’S LIABILITY FOR DIRECT DAMAGES, ORPER CLAIM, EXCEED THE FEES PAID BY CROSSREF TO CSI IN THE TWENTY-FOUR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY. 16.3 THE LIMITATIONS SET FORTH IN SECTIONS 16.1 and 16.2 SHALL NOT APPLY TO LIMIT: (A) CSI’S OBLIGATION TO INDEMNIFY, DEFEND, AND HOLD HARMLESS UNDER SECTION 15; (B) ANY CLAIMS AGAINST YOU BY ANY OTHER EITHER PARTY. ’S LIABILITY FOR SUCH PARTY’S BREACH OF ITS CONFIDENTIALITY OR SECURITY OBLIGATIONS; OR (C) CSI’S LIABILITY FOR INTENTIONAL CESSATION OF CSI’S OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING INTENTIONAL CESSATION OF PROVISION OF THE LIABILITY SERVICES DURING THE TERM. 16.4 EXCEPT FOR THE WARRANTIES PROVIDED IN THIS AGREEMENT: THE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING AS TO THE PERFORMANCE, QUALITY, MERCHANTABILITY, TITLE/NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR CAPABILITIES OF SERVICE PROVIDERTHE SERVICES OR THE PUBLISHER CONTENT, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSEOR OTHER AGREEMENTS) THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES ELEMENTS THEREOF; AND TAXES) YOU HAVE PAID TO FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN ANY SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND WARRANTIES ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOUHEREBY EXCLUDED.

Warranties and Limitations of Liability. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SERVICE, EQUIPMENT, AND SOFTWARE SUPPLIED HEREUNDER IS ARE PROVIDED ON AN “"AS IS” " OR “"AS AVAILABLE” " BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY SOFTWARE OR EQUIPMENT PROVIDED BY SERVICE PROVIDER BROADVOICE (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE OR EQUIPMENT), SERVICE PROVIDER (AND THEIR OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE “SERVICE PROVIDER PARTIES”), THEIR THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY SERVICE PROVIDER OR THEIR REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED. SERVICE PROVIDER DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF WE HAVE ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR SERVICE PROVIDER SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY EQUIPMENT PROVIDED BY SERIVCE PROVIDER). SERVICE PROVIDER BROADVOICE DOES NOT WARRANT THAT THE SERVICE SERVICE, SOFTWARE, OR EQUIPMENT PROVIDED BY SERVICE PROVIDER BROADVOICE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH BANDWIDTH, OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-UNINTERRUPTED OR ERROR- FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. SERVICE PROVIDER BROAVOICE SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICE SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. BROADVOICE MAKES NO WARRANTY REGARDING ANY MATERIAL DOWNLOADED TRANSACTIONS EXECUTED USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT, OR OTHERWISE OBTAINED THROUGH THE INTERNET. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE AND/OR SOFTWARE IS DONE AT YOUR OWN DISCRETION SERVICE, THE SOFTWARE, THE EQUIPMENT, AND RISK AND THE INTERNET GENERALLY. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICE PROVIDER OR THROUGH OR FROM THE SERVICE AND/OR SOFTWARE WILL CREATE ANY WARRANTY AGREE NOT EXPRESSLY STATED IN THIS AGREEMENT. IN NO EVENT SHALL SERVICE PROVIDER OR SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICESOFTWARE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTIONEQUIPMENT IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, INCLUDING WITHOUT LIMITATIONPROPERTY, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. THE LIABILITY OF SERVICE PROVIDERENVIRONMENT, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSEOR OTHER AGREEMENTS) THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTIONBUSINESS MAY RESULT IF AN ERROR OCCURS. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, EXCEPT AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. THE REMEDIES EXPRESSLY OTHERWISE SET FORTH IN THIS AGREEMENT ARE YOUR SOLE THE INDEMNIFICATION PARAGRAPHS ABOVE, THE LIMIT OF LIABILITY SHALL BE AS FOLLOWS: A. CONTRACTOR’S LIABILITY FOR ANY CLAIM, LOSS OR LIABILITY ARISING OUT OF, OR CONNECTED WITH THE SERVICES PROVIDED, AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (WHETHER BASED UPON DEFAULT, OR OTHER LIABILITY SUCH AS CONSUMER LAWSBREACH OF CONTRACT, WARRANTY, NEGLIGENCE, MISREPRESENTATION OR OTHERWISE, SHALL IN NO CASE EXCEED DIRECT DAMAGES IN: (I) AN AMOUNT EQUAL TO BROADVOICE’S CHARGES SPECIFIED IN THE PURCHASE ORDER FOR THE SERVICES, OR PARTS THEREOF FORMING THE BASIS OF THE PURCHASING ENTITY’S CLAIM, (SAID AMOUNT NOT TO EXCEED A TOTAL OF TWELVE (12) MONTHS CHARGES PAYABLE UNDER THE APPLICABLE PURCHASE ORDER) OR (II) TWO MILLION DOLLARS ($2,000,000), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOUWHICHEVER IS GREATER.

Warranties and Limitations of Liability. a. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN “"AS IS” " OR “"AS AVAILABLE” " BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY SERVICE PROVIDER BUCKEYE (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), SERVICE PROVIDER BUCKEYE (AND THEIR ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE “SERVICE PROVIDER "BUCKEYE PARTIES”"), THEIR ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INFRINGEMENTNON‐INFRINGEMENT, NON-INTERFERENCENON‐INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSOIN ADDITION, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY SERVICE PROVIDER OR THEIR REPRESENTATIVES THE BUCKEYE PARTIES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED. b. YOU ASSUME ALL RISK, RESPONSIBILITY, AND LIABILITY FOR USE OF THE SERVICE TO CONNECT TO, AND ACCESS CONTENT ON, THE INTERNET. SUCH CONTENT MAY INCLUDE INFORMATION OR PROGRAMS OF AN UNLAWFUL, INFRINGING, ABUSIVE, PROFANE, OR SEXUALLY OFFENSIVE NATURE. THE BUCKEYE PARTIES HAVE NO LIABILITY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO SUCH CONTENT OR FROM USE OR RELIANCE UPON INFORMATION, SERVICES, OR MERCHANDISE ACCESSED ON THE INTERNET THROUGH THE SERVICE. c. THE BUCKEYE PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT ANY SOFTWARE INSTALLED ON THE PERSONAL COMPUTER OR THAT YOU MAY DOWNLOAD FROM THE INTERNET, ON‐LINE SERVICE PROVIDER, OR OTHER INFORMATION PROVIDER DOES NOT WARRANT CONTAIN ANY VIRUS OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OTHER DAMAGING OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF WE HAVE ACCEPTED YOUR ORDER FOR SERVICEDESTRUCTIVE ATTRIBUTE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, LOOP LENGTH, BUCKEYE PARTIES HAVE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR SUCH ACTS OR OCCURRENCES. d. THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR SERVICE PROVIDER SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY EQUIPMENT PROVIDED BY SERIVCE PROVIDER). SERVICE PROVIDER DOES BUCKEYE PARTIES DO NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY SERVICE PROVIDER BUCKEYE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL ALWAYS BE UNINTERRUPTED, ERROR-ERROR‐FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. THE BUCKEYE PARTIES SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. e. IF THE EQUIPMENT PROVIDED HAS THE ABILITY TO TRANSMIT INTERNET SIGNALS WIRELESSLY, IT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT EXPRESSED OR IMPLIED WARRANTIES OF ANY KIND WHATSOEVER (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, NON‐ INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE), OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE. WE MAKE NO WARRANTIES THAT WIRELESS INTERNET SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE, OR THAT THE WIFI SERVICE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE. WIRELESS INTERNET SERVICE PROVIDER SHALL SHOULD NOT BE RELIED ON FOR CRITICAL USES. THE WIRELESS INTERNET SERVICE USES RADIO TRANSMISSIONS, SO YOU MAY NOT BE ABLE TO USE THE WIRELESS INTERNET SERVICE BASED ON A VARIETY OF CRITERIA BEYOND BUCKEYE'S CONTROL. THERE ARE MANY FACTORS THAT MAY IMPACT AVAILABILITY AND QUALITY OF THE WIRELESS INTERNET SERVICE, INCLUDING NETWORK CAPACITY, TERRAIN, TREES, PLACEMENT OF BUILDINGS, THE CHARACTERISTICS OF YOUR RESIDENCE, AND THE CHARACTERISTICS OF YOUR WIRELESS DEVICE AND ANY DEVICE TO WHICH IT IS ATTACHED. DATA DELAYS AND OMISSIONS MAY OCCUR. f. EXCEPT FOR THE SERVICE INTERRUPTION CREDIT DESCRIBED IN SECTION 6, ABOVE, AND THE INSTALLATION DAMAGES PROVISIONS DESCRIBED IN SECTION 10, ABOVE, BUCKEYE WILL NOT BE LIABLE TO YOU FOR LOSS ANY LOSSES OR D AM AG ES OF ANY KIND BASED ON BREACHES OF THIS AGREEMENT OR ARISING FROM YOUR DATARELATIONSHIP WITH US, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICE REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE REGARDLESS OF THE SERVICE AND/OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD BASIS OF ANY SUCH MATERIALCLAIM OR THE THEORY OF LIABILITY. NO ADVICE THIS WAIVER INCLUDES WITHOUT LIMITTION CLAIMS BASED IN CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICE PROVIDER OR THROUGH OR FROM THE SERVICE AND/OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENTSTATUTE. IN NO EVENT SHALL SERVICE PROVIDER OR SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS THE BUCKEYE PARTIES BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL CONSEQUENTIAL, OR INCIDENTAL DAMAGESDAMAGES OR ATTORNEYS’ FEES, OF ANY KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DAMAGE TO EQUIPMENT OR SURROUNDINGS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, BUSINESS INTERRUPTION, LOST PROFITS PROFITS, OR LOSS OF REVENUE, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, USE OR PARTIAL USE OF, OR INABILITY TO USE USE, THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE NEGLIGENCE, STRICT LIABILITY OR STRICT LIABILITYSTATUTE, EVEN IF WE HAVE BUCKEYE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. THE LIABILITY OF SERVICE PROVIDER, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSEOR OTHER AGREEMENTS) THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Warranties and Limitations of Liability. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SERVICE, EQUIPMENT AND SOFTWARE SUPPLIED HEREUNDER IS ARE PROVIDED ON AN “"AS IS” " OR “"AS AVAILABLE” " BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY SOFTWARE OR EQUIPMENT PROVIDED BY SERVICE PROVIDER NMSurf (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE OR EQUIPMENT), SERVICE PROVIDER . NMSurf (AND THEIR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE “SERVICE PROVIDER PARTIES”), THEIR ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, SOFTWARE AND EQUIPMENT WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY SERVICE PROVIDER NMSurf OR THEIR ITS REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDEDWARRANTY. SERVICE PROVIDER USE OF NMSurf TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED. NMSurf DOES NOT WARRANT OR GUARANTEE THAT VOIP SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF WE HAVE NMSurf HAS ACCEPTED YOUR ORDER FOR VOIP SERVICE. THE PROVISIONING OF VOIP SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AVAILABILITY AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR SERVICE PROVIDER NMSurf SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY EQUIPMENT PROVIDED BY SERIVCE PROVIDEREQUIPMENT, PURSUANT TO THE TERMS OF THIS AGREEMENT). SERVICE PROVIDER NMSurf DOES NOT WARRANT THAT THE SERVICE SERVICE, SOFTWARE OR EQUIPMENT PROVIDED BY SERVICE PROVIDER NMSurf WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, UNINTERRUPTED OR ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. SERVICE PROVIDER NMSurf SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICE SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. NMSurf MAKES NO WARRANTY REGARDING ANY MATERIAL DOWNLOADED TRANSACTIONS EXECUTED USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR OTHERWISE OBTAINED THROUGH THE INTERNET. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE AND/SERVICE, THE SOFTWARE, THE EQUIPMENT AND THE INTERNET GENERALLY. YOU AGREE NOT TO USE THE SERVICE, THE SOFTWARE OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND THE EQUIPMENT IN ANY HIGH RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY ACTIVITIES WHERE DAMAGE OR INJURY TO YOUR COMPUTER SYSTEM PERSON, PROPERTY, ENVIRONMENT, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICE PROVIDER OR THROUGH OR FROM THE SERVICE AND/OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENTBUSINESS MAY RESULT IF AN ERROR OCCURS. IN NO EVENT SHALL SERVICE PROVIDER NMSurf (OR SERVICE PROVIDER’S ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR RELIANCE ON OR PERFORMANCE OF THE SERVICEEQUIPMENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF WE HAVE NMSurf HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. THE LIABILITY OF SERVICE PROVIDER, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSEOR OTHER AGREEMENTS) THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO SERVICE PROVIDER’S NMSurf 'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH NMSurf (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), NMSurf'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NMSurf RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.) WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER OBLIGATIONS NMSurf (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS ARE OTHERWISE SUBJECT TO PURSUANT TO THIS AGREEMENT OR SUBJECTING NMSurf (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS TO ANY ADDITIONAL LIABILITIES OR OTHER OBLIGATIONS OR (B) INCREASING ANY OF THE RIGHTS YOU ARE OTHERWISE ENTITLED TO PURSUANT TO THIS AGREEMENT OR PROVIDING YOU WITH ANY ADDITIONAL RIGHTS, THE MAXIMUM AGGREGATE LIABILITY OF NMSurf (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE UNUSED PORTION OF YOUR PREPAID FEES, IF ANY.

Warranties and Limitations of Liability. YOU ACKNOWLEDGE AND AGREE SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT SUBSCRIBER’S SOLE RISK. NEITHER COMPANY NOR ITS AGENTS, EMPLOYEES, SUPPLIERS OR CONTRACTORS WARRANT THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” WILL BE UNINTERRUPTED; NOR DOES COMPANY OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY SERVICE PROVIDER (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), SERVICE PROVIDER (AND THEIR OFFICERSITS AGENTS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE “SERVICE PROVIDER PARTIES”), THEIR THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM OR CONTRACTORS MAKE ANY AND ALL WARRANTIES AND CONDITIONS FOR WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABLILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, . COMPLANY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT THAT THE SERVICE WILL BE ERROR FREE OR LACK OF NEGLIGENCESECURE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY SERVICE PROVIDER OR THEIR REPRESENTATIVES COMPANY SHALL CREATE A WARRANTY WARRANTY; NOR SHALL SUBSCRIBER RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE COMPANY PROVIDES SUBSCRIBERS WITH RESPECT SUBSCRIBERS ELECTRONIC ACCESS TO ADVICE PROVIDED. SERVICE PROVIDER THE CONTENT AVAILABLE ON THE INTERNET, COMPANY CANNOT AND DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF WE HAVE ACCEPTED YOUR ORDER FOR THE ACCURACY OF ANY OF THE INFORMATION SUBSCRIBER OBTAINS THROUGH THE SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR SERVICE PROVIDER COMPANY SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY EQUIPMENT PROVIDED BY SERIVCE PROVIDER). SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY SERVICE PROVIDER WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. SERVICE PROVIDER SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICE REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE AND/OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE NO LIABLILITY WHATSOEVER FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR DESTRUCTION OF ANY SUCH MATERIAL. NO ADVICE HARDWARE, SOFTWARE, FILES OR INFORMATIONDATA RESULTING FROM, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICE PROVIDER OR THROUGH OR FROM THE SERVICE AND/ANY ATTEMPT TO REMOVE ANY COMPUTER VIRUS OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. IN NO EVENT SHALL SERVICE PROVIDER OR SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. THE LIABILITY OF SERVICE PROVIDER, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSEOR OTHER AGREEMENTS) THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOUHARMFUL FEATURE.

Warranties and Limitations of Liability. YOU ACKNOWLEDGE AND CLIENT EXPRESSLY AGREE THAT THE SERVICE SUPPLIED HEREUNDER USE OF THE SERVICES AND MTRADE’S OTHER PROCESSES, SYSTEMS, SOFTWARE, OR ANY OTHER MEDIUM OR PROCESS WITHIN MTRADE’S CONTROL, AND THE INTERNET, IS AT ITS SOLE RISK. THE SERVICES AND MTRADE’S OTHER PROCESSES, SYSTEMS, SOFTWARE, OR ANY OTHER MEDIUM OR PROCESS WITHIN MTRADE’S CONTROL, THIRD-PARTY VIRUS OR OTHER MALWARE PROTECTION TECHNOLOGY AND THE INTERNET ARE PROVIDED ON AN “"AS IS” OR “" AND "AS AVAILABLE” BASIS" FOR USE, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN WITHOUT WARRANTIES OF ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY SERVICE PROVIDER (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT)KIND, SERVICE PROVIDER (AND THEIR OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE “SERVICE PROVIDER PARTIES”), THEIR THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACYUNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION, NON- INFRINGEMENTAND THEN ONLY TO THE EXTENT OF THAT EXCLUSION. MTRADE SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE SERVICES AND MTRADE’S OTHER PROCESSES, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADESOFTWARE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT ANY OTHER MEDIUM OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY SERVICE PROVIDER OR THEIR REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED. SERVICE PROVIDER DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF WE HAVE ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR SERVICE PROVIDER SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY EQUIPMENT PROVIDED BY SERIVCE PROVIDER). SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY SERVICE PROVIDER WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONSPROCESS WITHIN MTRADE’S CONTROL, OR THE LIKE. SERVICE PROVIDER SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICE REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE AND/OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU INTERNET WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM ERROR FREE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICE PROVIDER OR THROUGH OR FROM THE SERVICE AND/OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENTOPERATE WITHOUT INTERRUPTION. IN NO EVENT SHALL SERVICE PROVIDER MTRADE'S LIABILITY TO CLIENT ARISING OUT OF OR SERVICE PROVIDER’S THIRD IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE (AND ITS EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH MTRADE WITH RESPECT TO THIS AGREEMENT) EXCEED MORE THAN THE TOTAL AMOUNT PAID BY CLIENT TO MTRADE WITHIN THE MOST RECENT 3 CALENDAR MONTH PERIOD (COUNTING BACKWARDS FROM THE TIME OF THE FILING OF ANY COMPLAINT). IN NO CASE SHALL EITHER PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECTFOR SPECIAL, INDIRECT, PUNITIVE, SPECIALINCIDENTAL, CONSEQUENTIAL OR INCIDENTAL EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATIONOR DAMAGES OR CLAIMS FOR LOSS OF USE, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS DATA OR INFORMATION OR DAMAGE TO DATA OF ANY KIND, ARISING OUT OF THE USE, PARTIAL OR IN CONNECTION WITH CLIENT’S USE OF ANY MTRADE SERVICE OR INABILITY TO USE THE SERVICE, ANY OTHER MEDIUM OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM PROCESS WITHIN MTRADE’S CONTROL OR THE NATURE OF INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THIS AGREEMENT OR THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE SERVICES CONTEMPLATED HEREIN -- WHETHER OR STRICT LIABILITY, EVEN IF WE HAVE NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM LOSS OR DAMAGE. TO THE EXTENT THAT A STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. THE IN SUCH STATES OR JURISDICTIONS, AS TO THAT STATE OR JURISDICTION LIABILITY OF SERVICE PROVIDER, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSEOR OTHER AGREEMENTS) THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY LIMITED TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. THE REMEDIES EXPRESSLY SET FORTH LIMITATIONS CONTAINED IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIESAPPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU IN PROVIDING ITS SERVICES TO CLIENT, MTRADE IS ACTING ONLY TO EXECUTE REQUESTS THAT CLIENT MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS FOR INFORMATION AND FOR OTHER PRODUCTS AND SERVICES. MTRADE IS NOT OBLIGATED TO NOR DOES IT ATTEMPT TO INDEPENDENTLY VERIFY THE APPROPRIATENESS, COMPLETENESS, ACCURACY OR AUTHENTICITY OF ANY INFORMATION THAT MAY BE TRANSMITTED TO CLIENT THROUGH ANY OF ITS SERVICES (SUCH AS CONSUMER LAWSINCLUDING THAT WHICH IS OBTAINED FROM GOVERNMENTAL AND OTHER THIRD-PARTY SITES), WHICH DO AND THAT THE INFORMATION REPORTED TO AND BY MTRADE MAY BE SUBJECT TO COMPUTATIONAL, TRANSCRIPTION, AND TRANSMISSION ERRORS. MTRADE DOES NOT ALLOW ACCEPT ANY RESPONSIBILITY FOR ANY CONCLUSION REGARDING ANY TRANSACTION OR FOR ANY DECISION THAT MAY ARISE FROM THE EXCLUSION USE OF IMPLIED WARRANTIESTHE SERVICES OR MTRADE’S OTHER PROCESSES, SYSTEMS, SOFTWARE, OR ANY OTHER MEDIUM OR PROCESS WITHIN MTRADE’S CONTROL. EVERY USER OR INTENDED USER IS SOLELY RESPONSIBLE FOR THE EXCLUSION ACCURACY OR LIMITATION APPROPRIATENESS OF CERTAIN DAMAGESANY CONCLUSION REACHED, RESULTS OBTAINED AND FOR ANY ACTION THAT MAY BE TAKEN AS A RESULT. IF THESE LAWS APPLY, OUR EXCLUSIONS ALL OPEN SOURCE COMPONENTS AND OTHER THIRD-PARTY MATERIALS ARE PROVIDED "AS IS" AND ANY REPRESENTATION OR LIMITATIONS MAY NOT APPLY TO YOUWARRANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN CLIENT AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF SUCH OPEN SOURCE COMPONENTS AND THIRD-PARTY MATERIALS.

Warranties and Limitations of Liability. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SERVICE, EQUIPMENT AND SOFTWARE SUPPLIED HEREUNDER IS PROVIDED ON AN “"AS IS” " OR “"AS AVAILABLE” " BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY SOFTWARE OR EQUIPMENT PROVIDED BY SERVICE PROVIDER FYBERZ (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE OR EQUIPMENT), SERVICE PROVIDER . FYBERZ (AND THEIR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE “SERVICE PROVIDER PARTIES”), THEIR ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, SOFTWARE AND EQUIPMENT WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INFRINGEMENTNON­INFRINGEMENT, NON-INTERFERENCENON­INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY SERVICE PROVIDER FYBERZ OR THEIR ITS REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDEDWARRANTY. SERVICE PROVIDER USE OF FYBERZ TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED. FYBERZ DOES NOT WARRANT OR GUARANTEE THAT DSL SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF WE HAVE FYBERZ HAS ACCEPTED YOUR ORDER FOR DSL SERVICE. THE PROVISIONING OF DSL SERVICE IS SUBJECT TO NETWORK AVAILABILITYCIRCUIT AVAILABILITY AND OTHER FACTORS, CIRCUIT AVAILABILITYINCLUDING WITHOUT LIMITATION, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR SERVICE PROVIDER FYBERZ SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY EQUIPMENT PROVIDED BY SERIVCE PROVIDERFYBERZ­PROVIDED EQUIPMENT, PURSUANT TO THE TERMS OF THIS AGREEMENT). SERVICE PROVIDER FYBERZ DOES NOT WARRANT THAT THE SERVICE SERVICE, SOFTWARE OR EQUIPMENT PROVIDED BY SERVICE PROVIDER FYBERZ WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREEERROR­FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. SERVICE PROVIDER FYBERZ SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICE SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. FYBERZ MAKES NO WARRANTY REGARDING ANY MATERIAL DOWNLOADED TRANSACTIONS EXECUTED USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR OTHERWISE OBTAINED THROUGH THE INTERNET. FYBERZ MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE AND/SERVICE, THE SOFTWARE, THE EQUIPMENT AND THE INTERNET GENERALLY. YOU AGREE NOT TO USE THE SERVICE, THE SOFTWARE OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND THE EQUIPMENT IN ANY HIGH RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY ACTIVITIES WHERE DAMAGE OR INJURY TO YOUR COMPUTER SYSTEM PERSON, PROPERTY, ENVIRONMENT, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICE PROVIDER OR THROUGH OR FROM THE SERVICE AND/OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENTBUSINESS MAY RESULT IF AN ERROR OCCURS. IN NO EVENT SHALL SERVICE PROVIDER FYBERZ (OR SERVICE PROVIDER’S ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR RELIANCE ON OR PERFORMANCE OF THE SERVICEEQUIPMENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF WE HAVE FYBERZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. THE LIABILITY OF SERVICE PROVIDER, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSEOR OTHER AGREEMENTS) THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 22 ALSO APPLY TO SERVICE PROVIDER’S FYBERZ'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH FYBERZ (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), FYBERZ'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. FYBERZ RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.) WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER OBLIGATIONS FYBERZ (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS ARE OTHERWISE SUBJECT TO PURSUANT TO THIS AGREEMENT OR SUBJECTING FYBERZ (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS TO ANY ADDITIONAL LIABILITIES OR OTHER OBLIGATIONS OR (B) INCREASING ANY OF THE RIGHTS YOU ARE OTHERWISE ENTITLED TO PURSUANT TO THIS AGREEMENT OR PROVIDING YOU WITH ANY ADDITIONAL RIGHTS, THE MAXIMUM AGGREGATE LIABILITY OF FYBERZ (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE UNUSED PORTION OF YOUR PREPAID FEES, IF ANY.

Warranties and Limitations of Liability. YOU ACKNOWLEDGE You acknowledge and agree that the entire risk arising out of use or performance of the Software remains with the user. You acknowledge and agree that when you use this software in other locations than Poland then you do so on your own initiative and responsibility, and make sure to compliance with applicable local laws. 3.1 LIMITED WARRANTY THE SOFTWARE (INCLUDING WITHOUT LIMITATION THE SOFTWARE APPLICATION AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER DOCUMENTATION(S)) IS PROVIDED ON AN “"AS IS” OR “AS AVAILABLE” BASIS" WITHOUT WARRANTY OF ANY KIND, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY SERVICE PROVIDER (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), SERVICE PROVIDER (AND THEIR OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE “SERVICE PROVIDER PARTIES”), THEIR THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. MIRILLIS MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE. YOUR USE OF THE SOFTWARE AND/OR SERVICES IS AT YOUR OWN RISK. 3.2 LIMITATIONS OF LIABILITY NEITHER MIRILLIS NOR ITS LICENSORS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE SOFTWARE OR ANY USE OF THIS SOFTWARE OR/AND SERVICES, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. NEITHER MIRILLIS NOR ITS LICENSORS SHALL BE LIABLE IN ANY WAY FOR ANY ADDITIONAL COSTS, INLUDING, BUT NOT LIMITED TO ADDITIONAL CHARGES FROM MOBILE/TELECOMMUNICATION OPERATORS ARISING OUT OF THE IMPLIED WARRANTIES SERVICES OR ANY USE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTETHE SERVICES. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY SERVICE PROVIDER OR THEIR REPRESENTATIVES NEITHER MIRILLIS NOR ITS LICENSORS SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED. SERVICE PROVIDER DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF WE HAVE ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. LIABLE IN THE EVENT YOUR LINE IS NOT PROVISIONED ANY WAY FOR ANY REASON, NEITHER YOU NOR SERVICE PROVIDER SHALL HAVE ANY DUTIES DAMAGES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY EQUIPMENT PROVIDED BY SERIVCE PROVIDER). SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY SERVICE PROVIDER WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE LOSS ARISING OUT OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. SERVICE PROVIDER SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICE REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE AND/OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICE PROVIDER OR THROUGH OR FROM THE SERVICE AND/OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. IN NO EVENT SHALL SERVICE PROVIDER OR SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU SERVICES BY ANY OTHER PARTY. THE LIABILITY OF SERVICE PROVIDER, 3RD PARTY PERSON OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSEOR OTHER AGREEMENTS) THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOUORGANISATION.

Warranties and Limitations of Liability. YOU ACKNOWLEDGE (a) BANK SHALL BE RESPONSIBLE ONLY FOR PERFORMING THE SERVICES EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, AND BANK SHALL BE LIABLE ONLY FOR ITS GROSS NEGLIGENCE, FRAUD OR WILFUL MISCONDUCT IN PROVIDING THOSE SERVICES. BANK AND CUSTOMER AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT CUSTOMER'S EXCLUSIVE REMEDY AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY BANK'S EXCLUSIVE LIABILITY FOR ANY EQUIPMENT PROVIDED BY SERVICE PROVIDER (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), SERVICE PROVIDER (AND THEIR OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE “SERVICE PROVIDER PARTIES”), THEIR THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS CLAIMS, WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT, WARRANTY OR OTHERWISE SHALL BE AN AGGREGATE AMOUNT EQUAL TO, BUT NOT EXCEEDING, THE LAST SIX (6) MONTHS CHARGES ACTUALLY PAID BY CUSTOMER FOR THE SERVICESERVICES USED BY CUSTOMER ON THE SYSTEM IMMEDIATELY PRECEDING THE MONTH IN WHICH THE LOSS, WHETHER INJURY OR DAMAGE IS ALLEGED TO HAVE OCCURRED, PROVIDED, HOWEVER, THAT IF THIS AGREEMENT HAS NOT BEEN IN EFFECT FOR SIX (6) MONTHS PRECEDING SUCH OCCURRENCE THEN THE ACTUAL LESSER NUMBER OF MONTHS DURING WHICH THIS AGREEMENT HAS BEEN IN EFFECT SHALL BE USED FOR SUCH COMPUTATION. (b) WHILE BANK BELIEVES THAT THE SYSTEM AND THE INFORMATION CONTAINED THEREIN ARE ACCURATE AND CORRECT, BANK DOES NOT WARRANT THE ACCURACY OR THE CORRECTNESS OF THE SYSTEM, ANY SERVICES OR THE INFORMATION CONTAINED THEREIN. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED TO, ANY WARRANTIES OF OR MERCHANTABILITY AND OR FITNESS FOR A ANY PARTICULAR PURPOSE. (c) IN NO EVENT SHALL BANK BE LIABLE TO CUSTOMER FOR ANY INDIRECT, ACCURACYSPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT, NON- INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADETHE PERFORMANCE OR BREACH THEREOF, OR ARISING UNDER STATUTE. ALSOTHE ACCURACY OR CORRECTNESS OF THE SYSTEM, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT ANY SERVICES OR LACK OF NEGLIGENCE. NO ADVICE OR THE INFORMATION GIVEN BY SERVICE PROVIDER OR THEIR REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED. SERVICE PROVIDER DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULECONTAINED THEREIN, EVEN IF WE HAVE ACCEPTED YOUR ORDER FOR SERVICE. BANK HAS BEEN ADVISED OF THE PROVISIONING OF SERVICE IS SUBJECT POSSIBLITY THEREOF. (d) IN NO EVENT SHALL BANK BE LIABLE TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED CUSTOMER FOR ANY REASONDAMAGES RESULTING FROM OR RELATED TO (i) ANY FAILURE OR DELAY OF BANK IN PROVIDING ACCESS TO THE SYSTEM, NEITHER YOU NOR SERVICE PROVIDER SHALL HAVE ANY DUTIES SERVICES AND/OR OBLIGATIONS INFORMATION CONTAINED THEREIN, INCLUDING DAMAGES RELATED TO SUBSEQUENT WRONGFUL DISHONOR RESULTING FROM BANK'S ACTS OR OMISSIONS UNDER THIS AGREEMENT OR (OTHER THAN YOUR OBLIGATION TO RETURN ANY EQUIPMENT PROVIDED BY SERIVCE PROVIDER). SERVICE PROVIDER DOES NOT WARRANT THAT ii) IN THE SERVICE ACCURACY OR EQUIPMENT PROVIDED BY SERVICE PROVIDER WILL PERFORM AT A PARTICULAR SPEEDCORRECTNESS OF THE SYSTEM, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, SERVICES AND/OR THE LIKE. SERVICE PROVIDER INFORMATION CONTAINED THEREIN. (e) THE PARTIES FURTHER AGREE THAT BANK SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE SUSTAINED BY REASON OF YOUR DATADELAYS, MISTAKES, OMISSIONS, INTERRUPTIONS, MUTILATiONS, ERRORS OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICE REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE CESSATION OF THE SERVICE AND/OR SOFTWARE IS DONE AT YOUR OWN DISCRETION SERVICES AVAILABLE ON THE SYSTEM, AND SUCH RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OF LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICE PROVIDER OR THROUGH OR FROM THE SERVICE AND/OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. IN NO EVENT SHALL SERVICE PROVIDER OR SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU ARE EXPRESSLY ASSUMED BY ANY OTHER PARTY. THE LIABILITY OF SERVICE PROVIDER, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSEOR OTHER AGREEMENTS) THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOUCOMPANY.

Warranties and Limitations of Liability. YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT THE SERVICE SUPPLIED HEREUNDER USE OF THE CHQ SERVICE, THE FNC ASSOCIATED SERVICES, AGGREGATOR SERVICES AND FNC’S OTHER PROCESSES AND SERVICES, SOFTWARE, OR ANY OTHER MEDIUM OR PROCESS WITHIN FNC’S CONTROL, AND THE INTERNET, IS AT YOUR SOLE RISK. THE CHQ SERVICE, THE FNC ASSOCIATED SERVICES, AGGREGATOR SERVICES AND FNC’S OTHER PROCESSES AND SERVICES, AND ANY OTHER MEDIUM OR PROCESS WITHIN FNC’S CONTROL, THIRD-PARTY VIRUS CHECKING TECHNOLOGY AND THE INTERNET ARE PROVIDED ON AN “"AS IS” OR “" AND "AS AVAILABLE” BASIS" FOR USE, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN WITHOUT WARRANTIES OF ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY SERVICE PROVIDER (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT)KIND, SERVICE PROVIDER (AND THEIR OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE “SERVICE PROVIDER PARTIES”), THEIR THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATIONEXCLUSION, AND THOSE ARISING FROM COURSE THEN ONLY TO THE EXTENT OF DEALINGTHAT EXCLUSION. FNC PROVIDES PORT SERVICES ON A COMMERCIALLY REASONABLE BASIS. FNC SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE CHQ SERVICE, COURSE OF TRADETHE FNC ASSOCIATED SERVICES, AGGREGATOR SERVICES AND FNC’S OTHER PROCESSES AND SERVICES, SOFTWARE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT ANY OTHER MEDIUM OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY SERVICE PROVIDER OR THEIR REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED. SERVICE PROVIDER DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF WE HAVE ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR SERVICE PROVIDER SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY EQUIPMENT PROVIDED BY SERIVCE PROVIDER). SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY SERVICE PROVIDER WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONSPROCESS WITHIN FNC’S CONTROL, OR THE LIKE. SERVICE PROVIDER SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICE REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE AND/OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU INTERNET WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM ERROR FREE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICE PROVIDER OR THROUGH OR FROM THE SERVICE AND/OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENTOPERATE WITHOUT INTERRUPTION. IN NO EVENT SHALL SERVICE PROVIDER FNC 'S LIABILITY TO YOU ARISING OUT OF OR SERVICE PROVIDER’S THIRD IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE (AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH FNC WITH RESPECT TO THIS AGREEMENT) EXCEED MORE THAN THE TOTAL AMOUNT PAID BY YOU TO FNC WITHIN THE MOST RECENT 3 CALENDAR MONTH PERIOD (COUNTING BACKWARDS FROM THE TIME OF THE FILING OF ANY COMPLAINT). IN NO CASE SHALL EITHER PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECTFOR SPECIAL, INDIRECT, PUNITIVE, SPECIALINCIDENTAL, CONSEQUENTIAL OR INCIDENTAL EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATIONLIMITATION DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS DATA OR INFORMATION OR DAMAGE TO DATA OF ANY KIND, ARISING OUT OF THE USE, PARTIAL OR IN CONNECTION WITH YOUR USE OF ANY FNC SERVICE OR INABILITY TO USE THE SERVICE, ANY OTHER MEDIUM OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM PROCESS WITHIN FNC’S CONTROL OR THE NATURE OF INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THIS AGREEMENT OR THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE SERVICES CONTEMPLATED HEREIN -- WHETHER OR STRICT LIABILITY, EVEN IF WE HAVE NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM LOSS OR DAMAGE. TO THE EXTENT THAT A STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. THE IN SUCH STATES OR JURISDICTIONS, AS TO THAT STATE OR JURISDICTION LIABILITY OF SERVICE PROVIDER, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSEOR OTHER AGREEMENTS) THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY LIMITED TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Warranties and Limitations of Liability. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SERVICE, EQUIPMENT AND SOFTWARE SUPPLIED HEREUNDER IS ARE PROVIDED ON AN “"AS IS” " OR “"AS AVAILABLE” " BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY SOFTWARE OR EQUIPMENT PROVIDED BY SERVICE PROVIDER SIERRA NEVADA COMMUNICATIONS (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE OR EQUIPMENT), SERVICE PROVIDER . SIERRA NEVADA COMMUNICATIONS (AND THEIR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE “SERVICE PROVIDER PARTIES”), THEIR ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, SOFTWARE AND EQUIPMENT WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY SERVICE PROVIDER SIERRA NEVADA COMMUNICATIONS OR THEIR ITS REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDEDWARRANTY. SERVICE PROVIDER USE OF SIERRA NEVADA COMMUNICATIONS TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED. SIERRA NEVADA COMMUNICATIONS DOES NOT WARRANT OR GUARANTEE THAT VOIP SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF WE HAVE SIERRA NEVADA COMMUNICATIONS HAS ACCEPTED YOUR ORDER FOR VOIP SERVICE. THE PROVISIONING OF VOIP SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AVAILABILITY AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR SERVICE PROVIDER SIERRA NEVADA COMMUNICATIONS SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY EQUIPMENT PROVIDED BY SERIVCE PROVIDEREQUIPMENT, PURSUANT TO THE TERMS OF THIS AGREEMENT). SERVICE PROVIDER SIERRA NEVADA COMMUNICATIONS DOES NOT WARRANT THAT THE SERVICE SERVICE, SOFTWARE OR EQUIPMENT PROVIDED BY SERVICE PROVIDER SIERRA NEVADA COMMUNICATIONS WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-UNINTERRUPTED OR ERROR- FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. SERVICE PROVIDER SIERRA NEVADA COMMUNICATIONS SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICE SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. SIERRA NEVADA COMMUNICATIONS MAKES NO WARRANTY REGARDING ANY MATERIAL DOWNLOADED TRANSACTIONS EXECUTED USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR OTHERWISE OBTAINED THROUGH THE INTERNET. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE AND/SERVICE, THE SOFTWARE, THE EQUIPMENT AND THE INTERNET GENERALLY. YOU AGREE NOT TO USE THE SERVICE, THE SOFTWARE OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND THE EQUIPMENT IN ANY HIGH RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY ACTIVITIES WHERE DAMAGE OR INJURY TO YOUR COMPUTER SYSTEM PERSON, PROPERTY, ENVIRONMENT, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICE PROVIDER OR THROUGH OR FROM THE SERVICE AND/OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENTBUSINESS MAY RESULT IF AN ERROR OCCURS. IN NO EVENT SHALL SERVICE PROVIDER SIERRA NEVADA COMMUNICATIONS (OR SERVICE PROVIDER’S ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR RELIANCE ON OR PERFORMANCE OF THE SERVICEEQUIPMENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF WE HAVE PHONEPOWERCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. THE LIABILITY OF SERVICE PROVIDER, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSEOR OTHER AGREEMENTS) THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO SERVICE PROVIDER’S PHONEPOWERCOM'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH PHONEPOWERCOM (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), PHONEPOWERCOM'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. PHONEPOWERCOM RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.) WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER OBLIGATIONS PHONEPOWERCOM (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS ARE OTHERWISE SUBJECT TO PURSUANT TO THIS AGREEMENT OR SUBJECTING PHONEPOWERCOM (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS TO ANY ADDITIONAL LIABILITIES OR OTHER OBLIGATIONS OR (B) INCREASING ANY OF THE RIGHTS YOU ARE OTHERWISE ENTITLED TO PURSUANT TO THIS AGREEMENT OR PROVIDING YOU WITH ANY ADDITIONAL RIGHTS, THE MAXIMUM AGGREGATE LIABILITY OF PHONEPOWERCOM (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE UNUSED PORTION OF YOUR PREPAID FEES, IF ANY.

Warranties and Limitations of Liability. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SERVICE, EQUIPMENT AND SOFTWARE SUPPLIED HEREUNDER IS PROVIDED ON AN “"AS IS” " OR “"AS AVAILABLE” " BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY SOFTWARE OR EQUIPMENT PROVIDED BY SERVICE PROVIDER I.C. Electronics, Inc. (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE OR EQUIPMENT). I.C. Electronics, SERVICE PROVIDER Inc. (AND THEIR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE “SERVICE PROVIDER PARTIES”), THEIR ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, SOFTWARE AND EQUIPMENT WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY SERVICE PROVIDER I.C. Electronics, Inc. OR THEIR ITS REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDEDWARRANTY. SERVICE PROVIDER DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF WE HAVE ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR SERVICE PROVIDER SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY EQUIPMENT PROVIDED BY SERIVCE PROVIDER). SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY SERVICE PROVIDER WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. SERVICE PROVIDER SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICE REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE AND/OR SOFTWARE I.C. Electronics, Inc. TECHNICAL SUPPORT IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICE PROVIDER OR THROUGH OR FROM THE SERVICE AND/OR SOFTWARE WILL CREATE ANY WARRANTY IS NOT EXPRESSLY STATED IN THIS AGREEMENT. IN NO EVENT SHALL SERVICE PROVIDER OR SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. THE LIABILITY OF SERVICE PROVIDER, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSEOR OTHER AGREEMENTS) THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOUWARRANTED.

Warranties and Limitations of Liability. YOU ACKNOWLEDGE 9.1 PROGNOST EXPRESSLY WARRANTS THE PRODUCTS MANUFACTURED BY IT AS MEETING THE APPLICABLE SPECIFICATIONS BY PROGNOST, OR OTHERWISE AGREED IN WRITING BETWEEN PROGNOST AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASISPURCHASER, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY SERVICE PROVIDER (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), SERVICE PROVIDER (AND THEIR OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE “SERVICE PROVIDER PARTIES”), THEIR THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL MAKES NO OTHER WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EITHER EXPRESS OR IMPLIEDIMPLIED (INCLUDING, INCLUDING BUT NOT LIMITED WITHOUT LIMITATION WARRANTIES AS TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY ). PURCHASER RETAINS RESPONSIBILITY FOR THE APPLICATION AND FUNCTIONAL ADEQUACY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, THE PRODUCTS AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTESERVICES. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY SERVICE PROVIDER OR THEIR REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED. SERVICE PROVIDER DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF WE HAVE ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, LOOP LENGTHIN ADDITION, THE CONDITION FOLLOWING SHALL CONSTITUTE THE EXCLUSIVE REMEDIES FOR ANY BREACH BY PROGNOST OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORSITS WARRANTIES HEREUNDER. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASONNO EVENT, NEITHER YOU NOR SERVICE PROVIDER REGARDLESS OF CAUSE, SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY EQUIPMENT PROVIDED BY SERIVCE PROVIDER). SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY SERVICE PROVIDER WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. SERVICE PROVIDER SHALL NOT PROGNOST BE LIABLE FOR LOSS OF YOUR DATAINCIDENTAL, DIRECT OR IF CHANGES IN OPERATIONINDIRECT, PROCEDURESSPECIAL OR CONSEQUENTIAL DAMAGE, EITHER REAL OR SERVICE REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCEALLEGED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE AND/OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE PROGNOST' MAXIMUM LIABILITY TO PURCHASER ARISING FOR ANY DAMAGE REASON RELATING TO YOUR COMPUTER SYSTEM OR LOSS PROGNOST'S SALE OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICE PROVIDER OR THROUGH OR FROM THE SERVICE AND/OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. IN NO EVENT SHALL SERVICE PROVIDER OR SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON PRODUCTS OR PERFORMANCE OF SERVICES SHALL BE LIMITED TO THE SERVICE, REGARDLESS AMOUNT OF FEES PAID TO PROGNOST FOR THE TYPE PERFORMANCE OF CLAIM SUCH SERVICES OR THE NATURE OF PRICE FOR SUCH PRODUCTS, AS APPLICABLE. PURCHASER ACKNOWLEDGES THAT PROGNOST HAS SET ITS PRICES AND SHALL ENTERED INTO AN AGREEMENT IN RELIANCE UPON THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. THE LIABILITY OF SERVICE PROVIDER, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSEOR OTHER AGREEMENTS) THIRD PARTY LICENSORSAND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR AND THAT THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS SAME FORM AN ESSENTIAL BASIS OF THE TYPE OF CLAIM OR NATURE OF BARGAIN BETWEEN THE CAUSE OF ACTIONPARTIES. THE FOREGOING PARTIES AGREE THAT THE LIMITATIONS SHALL AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THESE TERMS AND CONDITIONS WILL SURVIVE AND APPLY EVEN IF FOUND TO THE FULL EXTENT PERMITTED BY LAWHAVE FAILED OF THEIR ESSENTIAL PURPOSE. 9.2 MATERIAL, WORKMANSHIP, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAWTITLE: PROGNOST warrants to Purchaser that all products manufactured by PROGNOST shall be free from defects in workmanship and title. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO SERVICE PROVIDER’S THIRD PARTY LICENSORSPROGNOST does not warrant any equipment, PROVIDERS AND SUPPLIERSmaterials, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENTtools or services provided by a third party which are required for the installation or use of PROGNOST products, nor does PROGNOST warrant against any damages caused or exacerbated by non-PROGNOST equipment or materials, such as communications lines, which are provided by Purchaser or by a third party. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIESPROGNOST agrees to either replace or repair, free of charge, any such product, component, or part thereof which shall be returned to the nearest authorized PROGNOST repair facility within twenty four (24) months from date of shipment or eighteen (18) months from date of installation whichever occurs first, with transportation charges prepaid for the account of Purchaser. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS)Some products may contain refurbished components and if so shall be equivalent to new products. The cost to diagnose or replace defects at the job site, WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIESif required, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGESshall be the responsibility of Purchaser based on PROGNOST’s then current schedule of professional fee. IF THESE LAWS APPLYAny product or component, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOUor part thereof so replaced or repaired shall be warranted by PROGNOST only for the remainder of the original warranty period. Any and all such replacements or repairs necessitated by inadequate preventative maintenance, or by normal wear and usage, or by the fault of the Purchaser, or power sources supplied by others, or by attack and deterioration under unsuitable environmental conditions shall be for the account of Purchaser. PROGNOST shall not be obligated to pay any costs or charges including "back charges" incurred by Purchaser or any other party except as may be agreed upon in writing in advance by PROGNOST. ▇▇▇▇▇▇▇▇▇ agrees to inspect and maintain all equipment purchaser from PROGNOST in accordance with PROGNOST’s recommendations.

Warranties and Limitations of Liability. YOU ACKNOWLEDGE Limited Warranty. BI4DYNAMICS warrants that the medium on which the Software is delivered will be free from defects in workmanship and materials under normal use for a period of sixty (60) days after delivery of the Software, and that the medium will be repaired or replaced, or Licensee’s purchase price refunded, at BI4DYNAMICS's option, upon return of said defective medium to BI4DYNAMICS within said sixty (60) day period. No Warranty. THE SOFTWARE IS PROVIDED "AS IS." BI4DYNAMICS AND AGREE ITS SUPPLIERS DO NOT WARRANT THE PERFORMANCE OR RESULTS LICENSEE MAY OBTAIN BY USING THE SOFTWARE. STATEMENTS BY BI4DYNAMICS AND ITS EMPLOYEES OR REPRESENTATIVES AND THE PRINTED MATERIALS AND ELECTRONIC DOCUMENTATION THAT ARE PART OF THE SOFTWARE DO NOT CONSTITUTE A WARRANTY OR REPRESENTATION THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN “SOFTWARE WILL PERFORM AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTSDESCRIBED IN THOSE MATERIALS. EXCEPT AS OTHERWISE SPECIFICALLY Disclaimer. THE EXPRESS WARRANTY SET FORTH IN THIS AGREEMENT SECTION IS EXCLUSIVE AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY SERVICE PROVIDER (BUT ONLY IF SUCH WARRANTY IS INCLUDED LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY WITH SUCH EQUIPMENT), SERVICE PROVIDER (AND THEIR OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIESRESPECT TO THE SOFTWARE, AND AFFILIATES) (COLLECTIVELY THE “SERVICE PROVIDER PARTIES”)BI4DYNAMICS EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY, THEIR THIRD PARTY LICENSORSINCLUDING, PROVIDERS AND SUPPLIERSWITHOUT LIMITATION, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACYMERCHANTABILITY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. Limitation of Liability. LICENSEE AGREES THAT HIS, NON- INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATIONHER OR ITS EXCLUSIVE REMEDIES, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY SERVICE PROVIDER OR THEIR REPRESENTATIVES SHALL CREATE A WARRANTY BI4DYNAMICS'S (AND IT’S LICENSORS’) ENTIRE LIABILITY WITH RESPECT TO ADVICE PROVIDED. SERVICE PROVIDER DOES NOT WARRANT THE SOFTWARE OR GUARANTEE SERVICES PERFORMED BY BI4DYNAMICS THAT SERVICE CAN RELATE TO THE SOFTWARE, SHALL BE PROVISIONED TO YOUR LOCATIONAS SET FORTH HEREIN, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF WE HAVE ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR SERVICE PROVIDER SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY EQUIPMENT PROVIDED BY SERIVCE PROVIDER). SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY SERVICE PROVIDER WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. SERVICE PROVIDER SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICE REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE AND/OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICE PROVIDER OR THROUGH OR FROM THE SERVICE AND/OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. IN NO EVENT SHALL SERVICE PROVIDER OR SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE TORT OR STRICT LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. THE LIABILITY OF SERVICE PROVIDER, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSEOR OTHER AGREEMENTS) THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOUOTHERWISE.

Warranties and Limitations of Liability. a. As set forth in Section 6, above, you acknowledge and accept that it is expected that the Service and Programming may be interrupted from time to time for a variety of reasons. Buckeye does not represent, warrant, or guarantee that the Service or the Equipment will be available or perform in a manner that meets your needs; and except as specifically described herein, Buckeye is not liable for any inconvenience, loss, liability or damage that may result from any preemption, loss, blackout or interruption of the Service. b. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN “"AS IS” " OR “"AS AVAILABLE” " BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY SERVICE PROVIDER BUCKEYE (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), SERVICE PROVIDER BUCKEYE (AND THEIR ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE “SERVICE PROVIDER "BUCKEYE PARTIES”"), THEIR ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF EQUIPMENT OR COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSOIN ADDITION, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY SERVICE PROVIDER OR THEIR REPRESENTATIVES THE BUCKEYE PARTIES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED. c. YOU ASSUME ALL RISK, RESPONSIBILITY, AND LIABILITY FOR USE OF THE SERVICE TO ACCESS CONTENT. SERVICE PROVIDER DOES NOT WARRANT SUCH CONTENT MAY INCLUDE INFORMATION OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATIONPROGRAMS OF AN UNLAWFUL, INFRINGING, ABUSIVE, PROFANE, VIOLENT OR SEXUALLY OFFENSIVE NATURE. THE BUCKEYE PARTIES HAVE NO LIABILITY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR THAT PROVISIONING WILL OCCUR ACCORDING PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO A SPECIFIED SCHEDULESUCH CONTENT OR FROM USE OR RELIANCE UPON INFORMATION, EVEN IF WE HAVE ACCEPTED YOUR ORDER FOR SERVICES, OR MERCHANDISE ACCESSED THROUGH THE SERVICE. . d. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR SERVICE PROVIDER SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY EQUIPMENT PROVIDED BY SERIVCE PROVIDER). SERVICE PROVIDER DOES BUCKEYE PARTIES DO NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY SERVICE PROVIDER WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR BUCKEYE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. SERVICE PROVIDER THE BUCKEYE PARTIES SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICE SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE AND/OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICE PROVIDER OR THROUGH OR FROM THE SERVICE AND/OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. IN NO EVENT SHALL SERVICE PROVIDER OR SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. THE LIABILITY OF SERVICE PROVIDER, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSEOR OTHER AGREEMENTS) THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Warranties and Limitations of Liability. YOU ACKNOWLEDGE Limited Warranty. BI4DYNAMICS warrants that the medium on which the Software is delivered will be free from defects in workmanship and materials under normal use for a period of sixty (60) days after delivery of the Software, and that the medium will be repaired or replaced, or Licensee’s purchase price refunded, at BI4DYNAMICS's option, upon return of said defective medium to BI4DYNAMICS within said sixty (60) day period. No Warranty. THE SOFTWARE IS PROVIDED "AS IS." BI4DYNAMICS AND AGREE ITS SUPPLIERS DO NOT WARRANT THE PERFORMANCE OR RESULTS LICENSEE MAY OBTAIN BY USING THE SOFTWARE. STATEMENTS BY BI4DYNAMICS AND ITS EMPLOYEES OR REPRESENTATIVES AND THE PRINTED MATERIALS AND ELECTRONIC DOCUMENTATION THAT ARE PART OF THE SOFTWARE DO NOT CONSTITUTE A WARRANTY OR REPRESENTATION THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN “SOFTWARE WILL PERFORM AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTSDESCRIBED IN THOSE MATERIALS. EXCEPT AS OTHERWISE SPECIFICALLY Disclaimer. THE EXPRESS WARRANTY SET FORTH IN THIS AGREEMENT SECTION IS EXCLUSIVE AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY SERVICE PROVIDER (BUT ONLY IF SUCH WARRANTY IS INCLUDED LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY WITH SUCH EQUIPMENT), SERVICE PROVIDER (AND THEIR OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIESRESPECT TO THE SOFTWARE, AND AFFILIATES) (COLLECTIVELY THE “SERVICE PROVIDER PARTIES”)BI4DYNAMICS EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY, THEIR THIRD PARTY LICENSORSINCLUDING, PROVIDERS AND SUPPLIERSWITHOUT LIMITATION, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACYMERCHANTABILITY OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS. Limitation of Liability. LICENSEE AGREES THAT HIS, NON- INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATIONHER OR ITS EXCLUSIVE REMEDIES, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY SERVICE PROVIDER OR THEIR REPRESENTATIVES SHALL CREATE A WARRANTY BI4DYNAMICS'S (AND ITS LICENSORS’) ENTIRE LIABILITY WITH RESPECT TO ADVICE PROVIDED. SERVICE PROVIDER DOES NOT WARRANT THE SOFTWARE OR GUARANTEE SERVICES PERFORMED BY BI4DYNAMICS THAT SERVICE CAN RELATE TO THE SOFTWARE, SHALL BE PROVISIONED TO YOUR LOCATIONAS SET FORTH HEREIN, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF WE HAVE ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR SERVICE PROVIDER SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY EQUIPMENT PROVIDED BY SERIVCE PROVIDER). SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY SERVICE PROVIDER WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. SERVICE PROVIDER SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICE REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE AND/OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICE PROVIDER OR THROUGH OR FROM THE SERVICE AND/OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. IN NO EVENT SHALL SERVICE PROVIDER OR SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE TORT OR STRICT LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. THE LIABILITY OF SERVICE PROVIDER, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSEOR OTHER AGREEMENTS) THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOUOTHERWISE.