Common use of Warranties and Limitations of Liability Clause in Contracts

Warranties and Limitations of Liability. (a) Each time SR uses the Services, SR shall be deemed to represent, warrant and covenant to the SP Group that its use of the Services complies with all applicable laws, rules and regulations. SR shall be responsible for any taxes applicable to this Trial Subscription. (b) Nothing in the Services shall constitute or be construed as an offering of financial instruments or as investment advice or investment recommendations (i.e., recommendations as to whether or not to “buy”, “sell”, “hold”, or to enter or not to enter into any other transaction involving any specific interest or interests) by the SP Group or a recommendation as to an investment or other strategy by the SP Group. No aspect of the Services is based on the consideration of SR’s individual circumstances, and data and other information available via the Services should not be considered as information sufficient upon which to base an investment decision. The SP Group does not express an opinion on the future or expected value of any security or other interest and does not explicitly or implicitly recommend or suggest an investment strategy of any kind. The Services are not and shall not be construed as tax, legal, investment or accounting advice. (c) SP and its Affiliated Companies make no warranties whatsoever with respect to the Services. The SP Group shall not be responsible for or have any liability to any person whatsoever with respect to the Services. (d) SP, to the best of its ability, shall maintain and keep the Equipment in good working order and condition so that it will perform its functions satisfactorily. The SP Group shall have no responsibility or liability for the third-party communications network through which SR accesses the ▇▇▇▇▇▇▇▇.▇▇ shall be responsible for the safekeeping of the Equipment from the time it is received on SR’s premises. (e) Notwithstanding anything to the contrary in this Agreement, to the maximum extent permitted by law, the aggregate liability of SP and SP’s Associated Persons hereunder or in connection with the Services or the Equipment shall not exceed $500, and this shall be SR’s exclusive remedy. (f) No action, regardless of form, arising out of or pertaining to any of the Services or the Equipment may be brought by SR more than one year after the cause of action has accrued. SR shall indemnify, hold harmless and at SR’s expense defend SP and SP’s Associated Persons against any Loss arising in connection use of the Services by SR.

Warranties and Limitations of Liability. 14.1 In the case of Market Data that the Redistributor receives from an Other Redistributor: (a) Each time SR uses NSE will use reasonable endeavours to ensure the Servicesaccuracy, SR shall be deemed reliability, completeness and continuity of provision of that Market Data to representthat Other Redistributor, warrant and covenant to correct any errors or omissions in the Market Data as soon as reasonably practicable, to the SP Group that extent it is within its use of the Services complies with all applicable laws, rules reasonable control and regulations. SR shall be responsible for any taxes applicable ability to this Trial Subscription.do so; but (b) Nothing NSE does not otherwise assume any responsibility for the timeliness, sequence, accuracy, reliability, completeness or continuity of provision of any Market Data that is Redistributed by any Other Redistributor. 14.2 In the case of Market Data that the Redistributor receives from NSE, NSE will use reasonable endeavours to ensure the accuracy, reliability, completeness and continuity of provision of that Market Data to the Redistributor, and to correct any errors or omissions in the Services shall constitute Market Data as soon as reasonably practicable, to the extent it is within its reasonable control and ability to do so. 14.3 NSE does not represent or be construed as an offering of financial instruments warrant that any Market Data is accurate, reliable or as investment advice or investment recommendations (i.e., recommendations as to whether or not to “buy”, “sell”, “hold”complete, or to enter or not to enter into any other transaction involving any specific interest or interests) by that the SP Group or a recommendation as to an investment or other strategy by the SP Group. No aspect of the Services is based on the consideration of SR’s individual circumstances, and data and other information available via the Services should not be considered as information sufficient upon which to base an investment decision. The SP Group does not express an opinion on the future or expected value supply of any security Market Data will be timely, in sequence or other interest and does not explicitly or implicitly recommend or suggest an investment strategy of any kindwithout interruptions. The Services are not and Other than as expressly provided in this Agreement, NSE shall not be construed liable for any delay, inaccuracy, error or omission of any kind in any Market Data, for any suspension of the provision of all or any of the Market Data or for any resulting loss or damage or costs or claims or expenses whatsoever suffered by the Redistributor, any Affiliate, any End User or any other person. 14.4 NSE shall not in any circumstances be liable for any loss or damage or costs or claims or expenses whatsoever arising from unauthorised access to or receipt or Use of any Market Data, or for any receipt, Use or Redistribution of any Market Data that contravenes this Agreement. 14.5 The Redistributor acknowledges that NSE does not make any representations or warranties (express or implied), other than as taxexpressly set out in this Agreement, legalas to the merchantability, investment quality or accounting advicefitness for purpose of any Market Data. 14.6 Subject to clause 14.9, neither party shall be liable for any of the following arising under or in connection with this Agreement: (a) indirect, consequential, or punitive loss or damage; (b) loss of profits or loss of revenue; (c) SP and its Affiliated Companies make no warranties whatsoever with respect to the Services. The SP Group shall not be responsible for loss of business, loss of goodwill or have any liability to any person whatsoever with respect to the Services.loss of contracts; (d) SP, to the best loss of its ability, shall maintain and keep the Equipment in good working order and condition so that it will perform its functions satisfactorily. The SP Group shall have no responsibility or liability for the third-party communications network through which SR accesses the ▇▇▇▇▇▇▇▇.▇▇ shall be responsible for the safekeeping of the Equipment from the time it is received on SR’s premises.anticipated savings; or (e) Notwithstanding anything exemplary or aggravated losses 14.7 Subject to the contrary clause 14.9, and in addition to any other exclusions from liability set out in this Agreement, to the maximum extent permitted by law, Agreement including those set out in this clause 14 the aggregate liability of SP and SP’s Associated Persons hereunder NSE arising under or in connection with the Services or the Equipment this Agreement in any calendar year in respect of all claims whenever they may be made in such year shall not exceed $500, and this shall be SR’s exclusive remedythe total Fees paid by the Redistributor in respect of that calendar year. 14.8 For the purposes of clause 14.7, a liability arises at the point in time when the act or omission giving rise to the liability occurs (for, in cases where a liability arises from a connected series of acts or omissions, at the point in time when the first act or omission in the series occurs). 14.9 Nothing in this Agreement limits or excludes the liability: (a) No actionof either party for fraud, regardless including fraudulent misrepresentation; (b) of form, arising out either party for death or personal injury caused by that party’s negligence (or the negligence of its agents and employees); (c) of either party to the extent that that liability cannot lawfully be limited or pertaining to any excluded; (d) of the Services or Redistributor to pay the Equipment may be brought by SR more than one year after the cause Fees; or (e) of action has accrued. SR shall indemnify, hold harmless and at SR’s expense defend SP and SP’s Associated Persons against either party under any Loss arising in connection use of the Services by SRindemnity.

Warranties and Limitations of Liability. (a) Each time SR uses You acknowledge and agree that you are using the Website with the knowledge that Market Valued Opinion & Research Services, SR shall be deemed to representInc. and any other third party, warrant and covenant does not make any warranties as to the SP Group accuracy, completeness, reliability or currency of all items appearing on the Website or that its use of any services on the Services complies with all applicable laws, rules and regulations. SR shall be responsible for any taxes applicable to this Trial Subscription. (b) Nothing in the Services shall constitute Website will satisfy or be construed as an offering of financial instruments or as investment advice or investment recommendations suitable for your requirements. This Website (i.e.and its contents) is not intended to be comprehensive nor does it constitute technical, recommendations as to whether or not to “buy”financial, “sell”, “hold”, or to enter or not to enter into any other transaction involving any specific interest or interests) by the SP Group or a recommendation as to an investment legal or other strategy by the SP Group. No aspect of the Services is based on the consideration of SR’s individual circumstances, and data and other information available via the Services should not be considered as information sufficient upon which to base an investment decision. The SP Group does not express an opinion on the future or expected value of any security or other interest and does not explicitly or implicitly recommend or suggest an investment strategy advice of any kind. The Services As a user of this site you are not and shall not be construed as taxresponsible for considering whether the content is suitable for your individual requirements. Market Valued Opinion & Research Services, legalInc. strongly recommends that you seek appropriate independent professional advice before relying on any of the content in the Website. To the extent allowed by law, investment or accounting advice. (c) SP Market Valued Opinion & Research Services, Inc. and its Affiliated Companies make no warranties whatsoever with respect affiliates, respective officers, employees, agents and contractors exclude all liability for any consequential, indirect or incidental loss or for any loss of profits, income, business or goodwill, that happens from you or any third parties arising out of this Agreement using or relying on the Website and/or its contents, selling or purchasing any goods or merchandise, your access to, or inability to access the Website, including for viruses alleged to have been obtained from the Website, whether or not it's caused by any negligent act or oversight on Market Valued Opinion & Research Services, Inc.’s part. The SP Group shall not be responsible for or have any liability You agree to any person whatsoever with respect to the release, discharge and free Market Valued Opinion & Research Services. , Inc. and its affiliates, respective officers, employees, agents and contractors from claims, demands and damages (dactual and consequential) SPof every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, to the best of its ability, shall maintain and keep the Equipment in good working order and condition so that it will perform its functions satisfactorily. The SP Group shall have no responsibility or liability for the third-party communications network through which SR accesses the ▇▇▇▇▇▇▇▇.▇▇ shall be responsible for the safekeeping of the Equipment from the time it is received on SR’s premises. (e) Notwithstanding anything to the contrary in this Agreement, to the maximum extent permitted allowed by law, the aggregate liability of SP and SP’s Associated Persons hereunder or in connection with the Services or the Equipment shall not exceed $500, and this shall be SR’s exclusive remedy. (f) No action, regardless of form, arising out of or pertaining to any of the Services or the Equipment may be brought by SR more than one year after the cause of action has accrued. SR shall indemnify, hold harmless and at SR’s expense defend SP and SP’s Associated Persons against any Loss arising in connection use of the Services by SR.

Warranties and Limitations of Liability. (a) Each time SR uses You acknowledge and agree that you are using the ServicesWebsite with the knowledge that Optus and any other third party, SR shall be deemed to represent, warrant and covenant does not make any warranties as to the SP Group accuracy, completeness, reliability or currency of all items appearing on the Website or that its use of any services on the Services complies with all applicable laws, rules and regulations. SR shall be responsible for any taxes applicable to this Trial Subscription. (b) Nothing in the Services shall constitute Website will satisfy or be construed as an offering of financial instruments or as investment advice or investment recommendations suitable for your requirements. This Website (i.e.and its contents) is not intended to be comprehensive nor does it constitute technical, recommendations as to whether or not to “buy”financial, “sell”, “hold”, or to enter or not to enter into any other transaction involving any specific interest or interests) by the SP Group or a recommendation as to an investment legal or other strategy by the SP Group. No aspect of the Services is based on the consideration of SR’s individual circumstances, and data and other information available via the Services should not be considered as information sufficient upon which to base an investment decision. The SP Group does not express an opinion on the future or expected value of any security or other interest and does not explicitly or implicitly recommend or suggest an investment strategy advice of any kind. The Services As a user of this site you are not and shall not be construed as taxresponsible for considering whether the content is suitable for your individual requirements. Optus strongly recommends that you seek appropriate independent professional advice before relying on any of the content in the Website. To the extent allowed by law, legal, investment or accounting advice. (c) SP Optus and its Affiliated Companies make no warranties whatsoever with respect affiliates, respective officers, employees, agents and contractors exclude all liability for any consequential, indirect or incidental loss or for any loss of profits, income, business or goodwill, that happens from you or any third parties arising out of this Agreement using or relying on the Website and/or its contents, selling or purchasing any goods or merchandise, your access to, or inability to access the ServicesWebsite, including for viruses alleged to have been obtained from the Website, whether or not it's caused by any negligent act or oversight on Optus’ part. The SP Group shall not be responsible for or have any liability You agree to any person whatsoever with respect to the Services. release Optus and its affiliates, respective officers, employees, agents and contractors from claims, demands and damages (dactual and consequential) SPof every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, to the best of its abilityextent laws allows. Certain laws, shall maintain including the Competition and keep the Equipment in good working order and condition so that it will perform its functions satisfactorily. The SP Group shall have no responsibility or liability for the third-party communications network through which SR accesses the Consumer ▇▇▇ ▇▇▇▇▇▇▇▇.▇▇ shall be responsible for the safekeeping of the Equipment from the time it is received , may imply warranties or conditions, or impose obligations on SR’s premises. (e) Notwithstanding anything Optus that Optus cannot exclude, restrict or modify, or that Optus can only exclude, restrict or modify to the contrary in this Agreementa limited extent. If these laws apply, to the maximum full extent that Optus is able to do so: • all conditions, warranties and representations with respect to this Website and/or the contents (or any other goods or services that may be supplied or provided by Optus), that would otherwise be implied by statute, law, equity, trade custom, prior dealings between Optus or otherwise (including any implied warranty of merchantability, suitability, fitness for purpose, quiet enjoyment or non-infringement) are hereby expressly excluded; and • Optus’ liability in relation to any aspect of this Website, including the content (and any other goods or services that may be supplied or provided by us), is limited to the fullest extent permitted by the applicable law, the aggregate liability of SP and SP’s Associated Persons hereunder or in connection with the Services or the Equipment shall not exceed $500, and this shall be SR’s exclusive remedy. (f) No action, regardless of form, arising out of or pertaining to any of the Services or the Equipment may be brought by SR more than one year after the cause of action has accrued. SR shall indemnify, hold harmless and at SR’s expense defend SP and SP’s Associated Persons against any Loss arising in connection use of the Services by SR.