Common use of Warranty and Limitation of Liability Clause in Contracts

Warranty and Limitation of Liability. Informatica warrants that it has full power and authority to license or grant access to the Informatica Products to Customer as applicable. THE INFORMATICA PRODUCTS AND ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”, WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE REQUIRED BY LAW, THE LIABILITY OF INFORMATICA AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENT, OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.

Warranty and Limitation of Liability. Informatica warrants that it has full power Pezzottaite Journals and authority it's licensors disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, non-infringement, or fitness for a particular purpose. Neither Pezzottaite Journals nor it's licensors assume or authorizes any other person to license assume for Pezzottaite Journals or grant access to it's licensors any other liability in connection with the Informatica Products to Customer as applicablelicensing of the Database (s) or the Services under this Agreement and / or its use thereof by the Licensee and Sites or Authorized Users. UNDER NO CIRCUMSTANCES SHALL THE PUBLISHER BE LIABLE TO THE LICENSEE, OR ANY AUTHORISED USER OR ANY OTHER PERSON, FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE INABILITY TO USE, OR THE USE OF, THE LICENSED MATERIALS. THE INFORMATICA PRODUCTS PUBLISHER'S AGGREGATE LIABILITY FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF ANY BREACH OF THIS LICENCE SHALL IN NO CIRCUMSTANCES EXCEED THE FEE PAID BY LICENSEE UNDER THIS LICENCE IN RESPECT OF THE SUBSCRIPTION PERIOD DURING WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED. THE FOREGOING LIMITATION OF LIABILITY AND ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”, WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY EXCLUSION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMEDCERTAIN DAMAGES SHALL APPLY REGARDLESS OF OTHER REMEDIES. EXCEPT AS OTHERWISE REQUIRED BY LAW, THE LIABILITY OF INFORMATICA AND ITS LICENSORS TO CUSTOMER LICENSEE MAY BRING NO ACTION ARISING FROM THIS AGREEMENT, OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY LICENCE MORE THAN 3 MONTHS AFTER THE CAUSE OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDYACTION ARISES.

Warranty and Limitation of Liability. Informatica 11.1 TRNA warrants that it has full power the Services shall be performed by TRNA in accordance with the applicable testing and authority certification standards and in a workmanlike manner by qualified personnel. TRNA and the TRNA Affiliates shall not be liable under any circumstances to license Customer or grant access any other person if (a) the Services or work products prepared in connection with the Services are not used for the intended contractual purpose; (b) any report prepared by TRNA or the TRNA Affiliates was subsequently modified without TRNA’s or, as appropriate, the TRNA Affiliates’ written consent; (c) if Customer fails to perform its obligations under these Terms; or (d) Customer did not disclose to TRNA or the TRNA Affiliates all material facts known to Customer with respect to the Informatica Products to Customer as applicable. object of the Services. 11.2 EXCEPT FOR THE INFORMATICA PRODUCTS AND ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”WARRANTIES SET FORTH HEREIN, WITHOUT WARRANTYTRNA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES BY TRNA OR ANY OF ITS AGENTS, SUBSIDIARIES, AFFILIATES OR SUBCONTRACTORS. ANY AND ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTY WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES PURPOSE, ARE EXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE REQUIRED BY LAW, EXCLUDED AND DECLINED. 11.3 THE LIABILITY OF INFORMATICA TRNA AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENTAFFILIATES, OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED THEIR EMPLOYEES, AGENTS, MANAGERIAL STAFF AND CONSTITUENT BODIES, FOR ALL DAMAGES IN CONNECTION THEREWITHWITH THIS AGREEMENT SHALL IN ALL EVENTS BE LIMITED TO THE LOWER OF: (A) A TOTAL OF ONE MILLION UNITED STATES DOLLARS ($1,000,000.00); OR (B) FIVE (5) TIMES THE VALUE OF THE SERVICE THE CLAIM IS RELATED TO. 11.4 IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANY PERSON FOR ANY INDIRECT, HOWEVER CAUSEDSPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, DOWNTIME, LOSS OR INABILITY TO USE PROPERTY OR EQUIPMENT, AND ON ANY THEORY DAMAGES OR EXPENSES DUE TO POLLUTION,, REGARDLESS OF LIABILITYFAULT WHETHER PURSUANT TO A CLAIM IN SOLE, JOINT OR CONCURRENT FAULT OR NEGLIGENCE OR IS BASED UPON CONTRACT, WARRANTY, INDEMNITY, TORT/EXTRA-CONTRACTUAL LIABILITY (INCLUDING CONTRACTNEGLIGENCE), STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA, OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING DAMAGES COULD HAVE BEEN FORESEEABLE AT THE FAILURE TIME OF THE ESSENTIAL PURPOSE OF ANY REMEDYCONTRACTING.

Warranty and Limitation of Liability. Informatica Intrinsyc warrants that it has full power the Services shall be provided in a conscientious, diligent and authority efficient manner by knowledgeable and competent personnel. This sole and exclusive warranty is provided only so long as Client shall continue to license use the Services referred to above and shall cease upon the expiry or grant access to the Informatica Products to Customer as applicabletermination of this Agreement. COMPLIANCE WITH THE INFORMATICA PRODUCTS ABOVE WARRANTY IS AGREED TO BE THE CLIENT’S FULL AND SOLE REMEDY FOR ANY SERVICE AND ALL COST OR DAMAGES CAUSED BY SUCH DEFECTS. INTRINSYC WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT AND/OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT. INTRINSYC’S AGGREGATE CUMULATIVE LIABILITY TO CLIENT ARISING OUT OF OR RELATED TO THE WORK UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AMOUNT PAID TO INTRINSYC HEREUNDER. CLIENT ACKNOWLEDGES AND AGREES THAT THE WARRANTY SET OUT ABOVE IN THIS SECTION IS THE SOLE AND LIMITED WARRANTY PROVIDED HEREUNDER BY INTRINSYC AND, IS IN LIEU OF, AND THAT THERE ARE OTHERWISE PROVIDED “AS-IS”NO, WITHOUT WARRANTYOTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS, INCLUDING ANY IMPLIED WARRANTY OF BUT NOT LIMITED TO, THOSE RELATING TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR FUNCTION AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE REQUIRED BY WHETHER ARISING OUT OF STATUTE, LAW, THE LIABILITY EQUITY, COURSE OF INFORMATICA AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENTDEALING, USAGE OF TRADE OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDYOTHERWISE.

Warranty and Limitation of Liability. Informatica Unless otherwise specified in the applicable warranty statement, the Documentation or in any other media at the time of shipment of the Software by ▇▇▇▇▇, and for the warranty period specified therein, for the first 120 days after initial shipment of the Software to the Customer, Zebra warrants that it has full power and authority to license the Software, when installed and/or used properly, will be free from reproducible defects that materially vary from its published specifications. Zebra does not warrant that Customer’s use of the Software or grant access to the Informatica Products to Customer as applicablewill be uninterrupted or error-free or that the Software or the Products will meet Customer’s particular requirements. ZEBRA’S TOTAL LIABILITY, AND CUSTOMER’S SOLE REMEDY, FOR ANY BREACH OF THIS WARRANTY WILL BE LIMITED TO, AT ZEBRA’S OPTION, REPAIR OR REPLACEMENT OF THE INFORMATICA PRODUCTS SOFTWARE OR PAYMENT OF CUSTOMER’S ACTUAL DAMAGES UP TO THE AMOUNT PAID TO ZEBRA FOR THE SOFTWARE OR THE INDIVIDUAL PRODUCT IN WHICH THE SOFTWARE IS EMBEDDED OR FOR WHICH IT WAS PROVIDED. THIS WARRANTY EXTENDS ONLY TO THE FIRST CUSTOMER; SUBSEQUENT TRANSFEREES MUST ACCEPT THE SOFTWARE “AS IS” AND WITH NO WARRANTIES OF ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”, WITHOUT WARRANTYKIND. ZEBRA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE REQUIRED BY LAW, THE LIABILITY OF INFORMATICA AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENT, OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCYPURPOSE. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS ZEBRA BE LIABLE FOR ANY INDIRECTSPECIAL, INCIDENTAL, SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, TIME OR DATA, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS, REVENUEOR SAVINGS, OR DATATO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY NOTWITHSTANDING THE ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Warranty and Limitation of Liability. Informatica warrants that it has full power and authority to license or grant access to the Informatica Products to Customer as applicable. OTHER THAN AS SET FORTH HEREIN, ISCO MAKES NO WARRANTIES WHATSOEVER WITH RESPECT TO THE INFORMATICA PRODUCTS EQUIPMENT OR SERVICES AND CUSTOMER EXPRESSLY WAIVES ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”, WITHOUT WARRANTYOTHER WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR REPRESENTATION AS TO THE DESIGN, QUALITY OR CONDITION OF THE EQUIPMENT OR SERVICES, OR ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND ALL SUCH WARRANTIES OTHER WARRANTIES, IMPLIED OR STATUTORY, OR AS TO ANY OTHER MATTER RELATING TO THE EQUIPMENT OR SERVICES OR ANY PART THEREOF, ARE EXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE REQUIRED BY LAW, THE LIABILITY OF INFORMATICA AND ITS LICENSORS EQUIPMENT SHALL BE DELIVERED TO CUSTOMER ARISING FROM THIS AGREEMENT, OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY“AS IS”. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS SHALL ISCO BE LIABLE (WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE, TORT OR OTHER LEGAL THEORY) FOR THE COST OF COVER OR ANY INDIRECT, INCIDENTAL, SPECIAL SPECIAL, OR CONSEQUENTIAL DAMAGESDAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, FAILURE TO DELIVER THE EQUIPMENT BY THE DELIVERY DATE OR DATAWORK DELAYS CAUSED BY THE NEED TO REPAIR OR MAINTAIN THE EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING FURTHER, WITHOUT LIMITING THE FAILURE GENERALITY OF THE ESSENTIAL PURPOSE FOREGOING, ISCO’S AGGREATE LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY AND ALL CLAIMS OF ANY REMEDYNATURE WHATSOEVER SHALL, IN NO EVENT AND UNDER NO CIRCUMSTANCE, EXCEED THE PAYMENTS ACTUALLY RECEIVED BY ISCO UNDER THIS AGREEMENT.

Warranty and Limitation of Liability. Informatica warrants that it has full power and authority to license or grant access to the Informatica Products to Customer as applicable(a) MS WARRANTS ITS SOFTWARE PRODUCT(S) TO END USERS AS DEFINED IN THE WRITTEN LIMITED WARRANTY INCLUDED IN THE LICENSE AGREEMENT. ALL REPLACEMENT PRODUCT IS DELIVERED SUBJECT TO THE TERMS OF THE MS LIMITED PRODUCT WARRANTY. THE INFORMATICA PRODUCTS AND ANY SERVICE PROVIDED HEREUNDER ABOVE LIMITED WARRANTIES ARE OTHERWISE PROVIDED “AS-IS”, WITHOUT WARRANTYIN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE AND OF ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE REQUIRED BY LAWOTHER OBLIGATIONS OR LIABILITIES ON MS' PART. (b) NEITHER MS MOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, THE LIABILITY OF INFORMATICA AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENTPRODUCTION, OR DELIVERY OF ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY WHICH ARE THE SUBJECT OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, REVENUEBUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR DATA, INABILITY TO USE ANY PRODUCT EVEN IF MS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING . (c) IN ANY CASE, THE LIABILITY OF MS (i) UNDER ANY PROVISION OF THIS AGREEMENT; (ii) FOR ANY DAMAGES CAUSED BY A PROGRAM DEFECT OR FAILURE IN ANY PRODUCT OR (iii) ARISING FROM A COURT OF PROPER JURISDICTION HOLDING ANY OF THE ESSENTIAL PURPOSE ABOVE WARRANTIES OR DISCLAIMERS OF ANY REMEDYWARRANTIES INADEQUATE OR INVALID SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY GOVERNMENT INTEGRATOR TO MS UNDER THIS AGREEMENT. MS' LIMITATION OF LIABILITY IS CUMULATIVE WITH ALL OF MS' EXPENDITURES BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF CLAIMS OR SUITS AGAINST MORE THAN ONE PRODUCT LICENSED UNDER THIS AGREEMENT WILL NOT ENLARGE OR EXTEND THE LIMIT. GOVERNMENT INTEGRATOR RELEASES MS FROM ALL OBLIGATIONS, LIABILITY, CLAIMS OR DEMANDS IN EXCESS OF THE LIMITATION. (d) MS shall defend and pay the amount of any final adverse judgment against Government Integrator, or settlement to which MS has consented, resulting from claims of infringement of any United States patent, copyright, trademark and/or service mark ▇▇▇h respect to a Product, provided that the Product has not been altered, and provided further that MS is notified promptly in writing of such a claim and has sole control over its defense or settlement, and Government Integrator provides reasonable assistance in the defense of same.

Warranty and Limitation of Liability. Informatica warrants that it has full power and authority to license or grant access to the Informatica Products to Customer as applicable. BECAUSE THE INFORMATICA PRODUCTS BETA MATERIALS ARE STILL IN DEVELOPMENT, THEM AND ANY SERVICE PROVIDED ASSOCIATED SERVICES, INCLUDING ANY DATA HOSTING OR PROCESSING TO YOU, HEREUNDER ARE OTHERWISE PROVIDED TO YOU “AS-AS IS”, WITHOUT WARRANTYANY WARRANTY WHATSOEVER. MAGNET DISCLAIMS ALL IMPLIED WARRANTIES, EXPRESS OR IMPLIEDCONDITIONS AND REPRESENTATIONS IN RELATION TO THE BETA MATERIALS AND RELATED SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE REQUIRED BY LAWPURPOSE, THE LIABILITY OF INFORMATICA AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENT, DURABILITY OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCYNON-INFRINGEMENT. IN NO EVENT WILL INFORMATICA MAGNET BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY LOSS, DAMAGE, COST, INJURY OR EXPENSE, INCLUDING LOSS OF TIME, MONEY OR GOODWILL, OR FOR DAMAGES OF ANY KIND, WHETHER DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL IN RELATION TO THE BETA MATERIALS OR RELATED SERVICES. YOU AGREE THAT NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF MAGNET UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING IS LIMITED TO ONE HUNDRED DOLLARS ($100 U.S.). THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS LICENSORS ESSENTIAL PURPOSE. IN NO EVENT WILL MAGNET BE LIABLE FOR ANY INDIRECTSPECIAL, INCIDENTAL, SPECIAL INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.

Warranty and Limitation of Liability. Informatica warrants that it has full power UofT provides Trial Products and authority to license or grant access to the Informatica Products to Customer as applicableany associated documentation and services (including installation and support services, if any) on an “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. UOFT MAKES NO WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO THE INFORMATICA TRIAL PRODUCTS AND ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”ASSOCIATED DOCUMENTATION AND SERVICES (INCLUDING INSTALLATION AND SUPPORT SERVICES, WITHOUT WARRANTYIF ANY) INCLUDING, EXPRESS BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMEDOR AGAINST INFRINGEMENT. EXCEPT AS OTHERWISE REQUIRED BY LAWIn no event shall UofT or its agents or suppliers be liable to Customer for any actual direct damages regardless of the cause and whether arising in contract, THE LIABILITY OF INFORMATICA AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENT, OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USDtort or otherwise. This limitation will not apply to claims for damages for bodily injury (including death) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCYand damage to real property and tangible personal property for which UofT is legally liable. IN NO EVENT WILL INFORMATICA SHALL UOFT OR ITS LICENSORS AGENTS OR SUPPLIERS BE LIABLE FOR ANY OF THE FOLLOWING: A) DAMAGES BASED ON ANY THIRD PARTY CLAIM EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN; B) LOSS OF, OR DAMAGE TO, CUSTOMER’S RECORDS, FILES OR DATA; OR C) INDIRECT, SPECIAL, INCIDENTAL, SPECIAL PUNITIVE, OR CONSEQUENTIAL DAMAGESDAMAGES (INCLUDING BUSINESS INTERRUPTION, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, LOST PROFITS OR DATALOST SAVINGS), EVEN IF ADVISED UOFT IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDYTHIS POSSIBILITY.

Warranty and Limitation of Liability. Informatica 11.1. TRM warrants that it has full power the Services shall be performed by TRM in accordance with the applicable testing and authority certification standards and in a workmanlike manner by qualified personnel. TRM and the TRM Affiliates shall not be liable under any circumstances to license Customer or grant access any other person if (a) the Services or work products prepared in connection with the Services are not used for the intended purpose; (b) any report prepared by TRM or the TRM Affiliates was subsequently modified without TRM’s or, as appropriate, the TRM Affiliates’ written consent; (c) if Customer fails to perform its obligations under these Terms; or (d) Customer did not disclose to TRM or the TRM Affiliates all material facts known to Customer with respect to the Informatica Products to Customer as applicableobject of the Services. 11.2. EXCEPT FOR THE INFORMATICA PRODUCTS AND ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”WARRANTIES SET FORTH HEREIN, WITHOUT WARRANTYTRM MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES BY TRM OR ANY OF ITS AGENTS, SUBSIDIARIES, AFFILIATES OR SUBCONTRACTORS. ANY AND ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTY WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES PURPOSE, ARE EXPRESSLY DISCLAIMEDEXCLUDED AND DECLINED. 11.3. EXCEPT AS OTHERWISE REQUIRED CUSTOMER MAY NOT BRING ANY ACTION ARISING OUT OF OR IN CONNECTION WITH ANY TRANSACTION COVERED BY LAW, THESE TERMS UNLESS SUCH ACTION IS COMMENCED WITHIN SIX MONTHS AFTER THE CAUSE OF ACTION HAS ACCRUED. 11.4. THE LIABILITY OF INFORMATICA TRM AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENTTHE TRM AFFILIATES, OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED THEIR EMPLOYEES, AGENTS, MANAGERIAL STAFF AND CONSTITUENT BODIES, FOR ALL DAMAGES IN CONNECTION THEREWITHWITH THE PROVISION OF THE SERVICES SHALL IN ALL EVENTS BE LIMITED TO THE LOWER OF: (A) A TOTAL OF ONE MILLION UNITED STATES DOLLARS ($1,000,000.00); OR (B) IF THIS IS A CONTRACT WITH A FIXED OVERALL FEE, HOWEVER CAUSEDTEN TIMES THE AMOUNT PAID BY CUSTOMER FOR SERVICES RELATED TO A PARTICULAR QUOTE, ORDER OR SOW UNDER WHICH THE DAMAGES OCCURRED; OR (C) IF THIS IS A CONTRACT FOR ANNUALLY RECURRING SERVICES, THE AGREED ANNUAL FEE PAID BY CUSTOMER; OR (D) IF THIS IS A CONTRACT EXPRESSLY CHARGED ON A TIME AND ON ANY THEORY MATERIALS BASIS, A TOTAL OF LIABILITYFIFTY THOUSAND UNITED STATES DOLLARS ($50,000.00); OR (E) IF THIS IS A FRAMEWORK AGREEMENT THAT PROVIDES FOR THE POSSIBILITY OF PLACING INDIVIDUAL ORDERS, INCLUDING CONTRACTAN AMOUNT EQUAL TO THREE TIMES THE FEE PAID BY CUSTOMER FOR SERVICES RELATED TO A PARTICULAR QUOTE, STRICT LIABILITY, NEGLIGENCE ORDER OR OTHER TORT, SHALL BE SOW UNDER WHICH THE DAMAGES OCCURRED. THE LIABILITY OF TRM AND THE TRM AFFILIATES HEREUNDER IS EXPRESSLY LIMITED TO DIRECT DAMAGES NOT INCURRED WITH RESPECT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCYSERVICES PERFORMED BY TRM. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS SHALL TRM BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTALSPECIAL, SPECIAL EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES INCLUDING DAMAGES FOR BUT NOT LIMITED TO LOSS OF PROFITS, REVENUEPROFITS OR GOODWILL, OR DATAADDITIONAL EXPENSES INCURRED, EVEN IF ADVISED WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE AND WHETHER IN AN ACTION FOR BREACH OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDYWARRANTY OR OTHERWISE.

Warranty and Limitation of Liability. Informatica warrants that it has full power and authority to license or grant access to the Informatica Products to Customer as applicable. THE INFORMATICA PRODUCTS OTHER THAN AS EXPRESSLY SET O UT IN THIS AGREEMENT ISCO MAKES NO EXPRESS O R IMPLIED WARRANTIES O F ANY KIND, AND ISCO DISCLAIMS ALL IMPLIED WARRANTIES O F ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”, WITHOUT WARRANTY, EXPRESS OR IMPLIEDKIND WHATSOEVER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY FITNESS FO R A PARTIC ULAR PURPOSE, SUITABILITY O R MERC HANTABILITY AND CO MPLIANCE WITH THE REQ UIREMENTS O F ANY LAW, REGULATIO N, SPEC IFICATION O R CONTRACTS WHICH PRO VIDE FO R SPECIFIC MACHINES, APPARATUS OR FITNESS METHO DS. THE EQ UIPMENT SHALL BE DELIVERED TO CUSTOMER “AS IS”. ISCO SHALL NOTBELIABLETO CUSTOMER FO R PUNITIVE, SPEC IAL, CONSEQUENTIAL O R INCIDENTAL DAMAGES O F ANY KIND WHATSOEVER, INCLUDING ANY DAMAGES FOR A PARTICULAR PURPOSE FAILURE TO DELIVER THE EQ UIPMENT BY THE DELIVERY DATE O R WORK DELAYS CAUSED BY THE NEED TO REPAIR O R MAINTAIN THE EQ UIPMENT. ISCO SHALL NOTBELIABLE TO ANY THIRD PARTY FO R ANY DAMAGE WHATSOEVER. WITHOUT LIMITING THE GENERALITY O F THE FO ▇▇▇▇ ING, ISCO’S AGGREATE LIABILITY UNDER THIS AGREEMENT WITH RESPEC T TO ANY AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE REQUIRED BY LAWCLAIMS O F ANY NATURE WHATSOEVER SHALL, THE LIABILITY OF INFORMATICA AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENT, OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECTAND UNDER NO CIRCUMSTANCE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF EXC EED THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDYPAYMENTS AC TUALLY REC EIVED BY ISCO UNDER THIS AGREEMENT.

Warranty and Limitation of Liability. Informatica warrants that it has full power and authority to license or grant access provide the Cloud Service to the Informatica Products to Customer as applicableCustomer. THE INFORMATICA PRODUCTS CLOUD SERVICE AND ANY OTHER SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”, WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE REQUIRED BY LAW, THE LIABILITY OF INFORMATICA AND ITS LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING FROM THIS AGREEMENT, OR AND\OR THE PROVISION OF ANY INFORMATICA PRODUCTS SOFTWARE OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY INFORMATICA DAMAGES IN ALL CONTEXT IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY). IN NO EVENT WILL INFORMATICA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATADATA USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDYREMEDY.THESE LIMITATIONS OF LIABILITY REFLECT A NEGOTIATED ALLOCATION OF RISK AND THE PARTIES WOULD NOT ENTER IN TO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY.

Warranty and Limitation of Liability. Informatica 11.1. TRPTL warrants that it has full power the Services shall be performed by TRPTL in accordance with the applicable testing and authority certification standards and in a workmanlike manner by qualified personnel. TRPTL and the TRPTL Affiliates shall not be liable under any circumstances to license Customer or grant access any other person if (a) the Services or work products prepared in connection with the Services are not used for the intended purpose; (b) any report prepared by TRPTL or the TRPTL Affiliates was subsequently modified without TRPTL’s or, as appropriate, the TRPTL Affiliates’ written consent; (c) if Customer fails to perform its obligations under these Terms; or (d) Customer did not disclose to TRPTL or the TRPTL Affiliates all material facts known to Customer with respect to the Informatica Products to Customer as applicableobject of the Services. 11.2. EXCEPT FOR THE INFORMATICA PRODUCTS AND ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”WARRANTIES SET FORTH HEREIN, WITHOUT WARRANTYTRPTL MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES BY TRPTL OR ANY OF ITS AGENTS, SUBSIDIARIES, AFFILIATES OR SUBCONTRACTORS. ANY AND ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTY WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES PURPOSE, ARE EXPRESSLY DISCLAIMEDEXCLUDED AND DECLINED. 11.3. EXCEPT AS OTHERWISE REQUIRED CUSTOMER MAY NOT BRING ANY ACTION ARISING OUT OF OR IN CONNECTION WITH ANY TRANSACTION COVERED BY LAW, THESE TERMS UNLESS SUCH ACTION IS COMMENCED WITHIN SIX MONTHS AFTER THE CAUSE OF ACTION HAS ACCRUED. 11.4. THE LIABILITY OF INFORMATICA TRPTL AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENTTHE TRPTL AFFILIATES, OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED THEIR EMPLOYEES, AGENTS, MANAGERIAL STAFF AND CONSTITUENT BODIES, FOR ALL DAMAGES IN CONNECTION THEREWITHWITH THE PROVISION OF THE SERVICES SHALL IN ALL EVENTS BE LIMITED TO THE LOWER OF: (A) A TOTAL OF ONE MILLION UNITED STATES DOLLARS ($1,000,000.00); OR (B) IF THIS IS A CONTRACT WITH A FIXED OVERALL FEE, HOWEVER CAUSEDTEN TIMES THE AMOUNT PAID BY CUSTOMER FOR SERVICES RELATED TO A PARTICULAR QUOTE, ORDER OR SOW UNDER WHICH THE DAMAGES OCCURRED; OR (C) IF THIS IS A CONTRACT FOR ANNUALLY RECURRING SERVICES, THE AGREED ANNUAL FEE PAID BY CUSTOMER; OR (D) IF THIS IS A CONTRACT EXPRESSLY CHARGED ON A TIME AND ON ANY THEORY MATERIALS BASIS, A TOTAL OF LIABILITYFIFTY THOUSAND UNITED STATES DOLLARS ($50,000.00); OR (E) IF THIS IS A FRAMEWORK AGREEMENT THAT PROVIDES FOR THE POSSIBILITY OF PLACING INDIVIDUAL ORDERS, INCLUDING CONTRACTAN AMOUNT EQUAL TO THREE TIMES THE FEE PAID BY CUSTOMER FOR SERVICES RELATED TO A PARTICULAR QUOTE, STRICT LIABILITY, NEGLIGENCE ORDER OR OTHER TORT, SHALL BE SOW UNDER WHICH THE DAMAGES OCCURRED. THE LIABILITY OF TRPTL AND THE TRPTL AFFILIATES HEREUNDER IS EXPRESSLY LIMITED TO DIRECT DAMAGES NOT INCURRED WITH RESPECT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCYSERVICES PERFORMED BY TRPTL. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS SHALL TRPTL BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTALSPECIAL, SPECIAL EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES INCLUDING DAMAGES FOR BUT NOT LIMITED TO LOSS OF PROFITS, REVENUEPROFITS OR GOODWILL, OR DATAADDITIONAL EXPENSES INCURRED, EVEN IF ADVISED WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE AND WHETHER IN AN ACTION FOR BREACH OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDYWARRANTY OR OTHERWISE.

Warranty and Limitation of Liability. Informatica warrants that it has full power and authority to license or grant access to the Informatica Products to Customer as applicable1. EXCEPT AS EXPRESSLY SET FORTH HEREIN, NEITHER PARTY MAKES TO THE INFORMATICA PRODUCTS AND OTHER ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”, WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY CONCERNING THE FACILITIES OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE USE OR PURPOSE. 2. THE EQUIPMENT AND ALL SOFTWARE CERTIFIED BY AT&T MOBILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE MANUFACTURED BY A THIRD PARTY. WARRANTIES FOR SUCH WARRANTIES EQUIPMENT AND SOFTWARE, IF ANY, ARE EXPRESSLY DISCLAIMEDSET FORTH IN THE WARRANTY AND SOFTWARE LICENSE AGREEMENTS THAT ACCOMPANY THE EQUIPMENT AND SOFTWARE. EXCEPT AS OTHERWISE REQUIRED BY LAWAT&T MOBILITY SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES FOR BREACH OF SUCH WARRANTIES. 3. THE LIABILITY OF INFORMATICA AND ITS LICENSORS EITHER PARTY FOR ACTUAL, PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER, RELATED TO CUSTOMER ARISING FROM THE SERVICES AT&T MOBILITY PROVIDES UNDER THIS AGREEMENT TO DISH OR OTHERWISE RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED DEFECTS IN CONNECTION THEREWITH, HOWEVER CAUSEDTRANSMISSION, AND ON ANY THEORY REGARDLESS OF LIABILITYTHE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORTNEGLIGENCE, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AN AMOUNT IN LOCAL CURRENCY. [***] IN NO EVENT WILL INFORMATICA OR ITS LICENSORS SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECTSPECIAL, INCIDENTALCONSEQUENTIAL, SPECIAL INCIDENTAL OR CONSEQUENTIAL PUNITIVE DAMAGES; [***]. 4. External information, INCLUDING DAMAGES FOR LOSS applications, and other Content is provided by DISH or one or more contractors. AT&T MOBILITY IS NOT A PUBLISHER OF PROFITSTHIRD-PARTY INFORMATION, REVENUEAPPLICATIONS, OR DATAOTHER CONTENT AND IS NOT RESPONSIBLE FOR ANY OPINIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGESADVICE, STATEMENTS, OR OTHER INFORMATION, SERVICES OR GOODS PROVIDED BY DISH OR ANY THIRD PARTY CONTENT PROVIDER. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDYThird Party Content Providers may impose additional charges to End Users. Policies regarding intellectual property, privacy and other policies or terms of use may differ among Third Party Content Providers, and End Users are bound by such policies or terms when they visit their respective sites or use their services. Any information End Users involuntarily or voluntarily provide third parties is governed by such third party’s policies or terms. The accuracy, appropriateness, Content, completeness, timeliness, usefulness, security, safety, merchantability, fitness for a particular purpose, transmission or correct sequencing of any application, information or downloaded data of any Third Party Content Provider is not guaranteed or warranted by AT&T Mobility. Delays or omissions may occur. AT&T Mobility shall not be liable for any loss or injury arising out of or caused, in whole or in part, by DISH’s or an End User’s use of any information, application or Content provided by DISH or any Third Party Content Provider, acquired through the data Services. 5. DISH warrants that it is authorized to use any name associated with the Services that DISH lists in any directory. Network Services Agreement ‌ 32 ​ ​​

Warranty and Limitation of Liability. Informatica warrants that it has full power Warranty Except as specifically stated in this Agreement, the Service and authority to license or grant access to any Software Program provided by means of the Informatica Products to Customer as applicable. THE INFORMATICA PRODUCTS AND Service are provided and licensed “AS IS” WITH OUT WARRANTY OF ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”KIND, WITHOUT WARRANTY, EXPRESS EITHER EXPRESSED OR IMPLIED, INCLUDING ANY INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMEDPURPOSE. EXCEPT AS OTHERWISE REQUIRED BY LAWLINBIT DOES NOT GUARANTEE THAT THE USE OF SERVICE OR THE SOFTWARE PROGRAMS WILL NOT BE INTERRUPTED OR ERROR FREE. Limitation of Liability To the maximum extent permitted by applicable law, IN NO EVENT WILL LINBIT BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN TORT OR IN CONTRACT, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) THE SERVICE, THE SOFTWARE PROGRAMS (B) ANY INTERRUPTION OF USE OF THE SERVICE OR THE SOFTWARE PROGRAMS OR (C) FOR LOSS, INACCURACY OR CORRUPTION OF DATA, EVEN IF LINBIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ▇▇▇▇▇▇’S LIABILITY OF INFORMATICA AND ITS LICENSORS TO CUSTOMER ARISING FROM UNDER THIS AGREEMENT, OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THE AMOUNT THAT MAY BE CUSTOMER PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO LINBIT FOR THE SERVICES FOR ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDYYEAR.

Warranty and Limitation of Liability. Informatica KOP warrants that that: (i) it has full power all necessary rights and authority to license enter into and perform this Agreement. Processor’s sole and exclusive remedy for a breach of this warranty being the replacement of the defective cannabis biomass. Processor’s use of the cannabis biomass in its original form, modified or grant access converted from cannabis biomass to the Informatica Products to Customer as applicablecannabis derivative and concentrate products, and when used in accordance with this Agreement, will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity. THE INFORMATICA PRODUCTS AND ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”, WITHOUT WARRANTYKOP MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING REGARDING CANNABIS BIOMASS SUPPLIED TO PROCESSOR, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMEDPURPOSE. EXCEPT AS OTHERWISE REQUIRED BY LAWKOP SHALL NOT BE LIABLE TO PROCESSOR OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, THE LIABILITY OF INFORMATICA AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENTPUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS COSTS OR LOSSES ARISING OUT OF PROFITS, REVENUE, OR DATAPROCESSOR’S USE OF THE CANNABIS BIOMASS SUPPLIED BY KOP TO PROCESSOR, EVEN IF KOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING KOP’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH PROCESSOR’S USE OF OR INABILITY TO USE THE FAILURE CANNABIS BIOMASS (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE AMOUNT OF THE ESSENTIAL PURPOSE INVOICE PAID BY THE PROCESSOR FOR THE BIOMASS THAT IS UNUSABLE. THE REPRESENTATIONS AND WARRANTIES MADE BY KOP IN THIS AGREEMENT APPLY ONLY TO THE CANANBIS BIOMASS MATEIRAL DELIVERED BY KOP TO PROCESSOR AND WILL BE INVALID IF THE CANNABIS BIOMASS IS USED BY PROCESSOR IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT AND THE PARTIES CAN NOT RESOLVE WITHIN 30 DAYS THE UNAUTHORIZED USE OF ANY REMEDYTHE CANANBIS BIOMASS MATERIAL.

Warranty and Limitation of Liability. Informatica Metadata Technology Ltd warrants that it has full power and authority to license or grant access the Software to the Informatica Products to Customer as applicableCustomer. THE INFORMATICA PRODUCTS SOFTWARE AND ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”, WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND TO THE EXTENT PERMITTED BY LAW ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE REQUIRED BY LAW, THE LIABILITY OF INFORMATICA METADATA TECHNOLOGY LTD AND ITS LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING FROM THIS AGREEMENT, OR AND\OR THE PROVISION OF ANY INFORMATICA PRODUCTS SOFTWARE OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA METADATA TECHNOLOGY LTD HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY METADATA TECHNOLOGY LTD DAMAGES IN ALL CONTEXT IS LIMITED TO ONE A MAXIMUM OF TEN THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCYPOUNDS STERLING (GBP 10,000.00). IN NO EVENT WILL INFORMATICA METADATA TECHNOLOGY LTD OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATADATA USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDYREMEDY.THESE LIMITATIONS OF LIABILITY REFLECT A NEGOTIATED ALLOCATION OF RISK AND THE PARTIES WOULD NOT ENTER IN TO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY.

Warranty and Limitation of Liability. Informatica warrants that it has full power Warranty Except as specifically stated in this Agreement, the Service and authority to license or grant access to any Software Program provided by means of the Informatica Products to Customer as applicable. THE INFORMATICA PRODUCTS AND Service are provided and licensed “AS IS” WITH OUT WARRANTY OF ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”KIND, WITHOUT WARRANTY, EXPRESS EITHER EXPRESSED OR IMPLIED, INCLUDING ANY INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMEDPURPOSE. EXCEPT AS OTHERWISE REQUIRED BY LAWLINBIT DOES NOT GUARANTEE THAT THE USE OF SERVICE OR THE SOFTWARE PROGRAMS WILL NOT BE INTERRUPTED OR ERROR FREE. Limitation of Liability To the maximum extent permitted by applicable law, IN NO EVENT WILL LINBIT BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN TORT OR IN CONTRACT, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) THE SERVICE, THE SOFTWARE PROGRAMS (B) ANY INTERRUPTION OF USE OF THE SERVICE OR THE SOFTWARE PROGRAMS OR (C) FOR LOSS, INACCURACY OR CORRUPTION OF DATA, EVEN IF LINBIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LINBIT’S LIABILITY OF INFORMATICA AND ITS LICENSORS TO CUSTOMER ARISING FROM UNDER THIS AGREEMENT, OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THE AMOUNT THAT MAY BE CUSTOMER PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO LINBIT FOR THE SERVICES FOR ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDYYEAR.

Warranty and Limitation of Liability. Informatica Storyblocks warrants that that: (i) the Stock Files will be free from defects in material and workmanship for thirty (30) days from delivery and your sole and exclusive remedy for such breach is the replacement of the Stock Files; (ii) it has full power all necessary rights and authority to license or grant access to the Informatica Products to Customer as applicableenter into and perform this Agreement. THE INFORMATICA PRODUCTS AND ANY SERVICE PROVIDED HEREUNDER STOCK FILES ARE OTHERWISE PROVIDED “AS-AS IS”, WITHOUT .” STORYBLOCKS MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE REQUIRED BY LAWPURPOSE, THE LIABILITY QUALITY OF INFORMATICA AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENTCONTENT, OR COMPATIBILITY WITH ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE COMPUTER HARDWARE OR OTHER TORTEQUIPMENT, OPERATING SYSTEM, OR SOFTWARE PROGRAM. STORYBLOCKS MAKES NO REPRESENTATION OR WARRANTIES THAT THE USE OF THE STOCK FILES WILL BE UNINTERRUPTED OR ERROR FREE. STORYBLOCKS SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, INCIDENTALCONSEQUENTIAL, SPECIAL OR CONSEQUENTIAL INCIDENTAL DAMAGES, INCLUDING DAMAGES FOR LOSS OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF PROFITS, REVENUEYOUR USE OF THE STOCK FILES, OR DATAOTHERWISE, EVEN IF STORYBLOCKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING STORYBLOCKS’ MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH USE OF OR INABILITY TO USE THE FAILURE STOCK FILES (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO $20,000. STORYBLOCKS SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR LOSSES ARISING OUT OF OR AS A RESULT OF MODIFICATIONS MADE TO THE ESSENTIAL PURPOSE OF ANY REMEDYSTOCK FILES BY YOU OR THE CONTEXT IN WHICH STOCK FILES ARE USED BY YOU.

Warranty and Limitation of Liability. Informatica PSYCHOMETRICS warrants that it has full power will make reasonable efforts to assure that the CareerID™ Website remains online and authority to license functioning normally. PSYCHOMETRICS does not, however, warrant that its Website will be either uninterrupted or grant access to the Informatica Products to Customer as applicableerror free. EXCEPT AS PROVIDED ABOVE, PSYCHOMETRICS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE INFORMATICA PRODUCTS AND ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”, WITHOUT WARRANTYWEBSITE OR ITS OPERATION, EXPRESS OR IMPLIED, AND INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE PURPOSE. LICENSEE UNDERSTANDS AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE REQUIRED BY LAWAGREES THAT PSYCHOMETRICS’S LIABILITY TO LICENSEE, THE LIABILITY REGARDLESS OF INFORMATICA AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENT, OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORTLEGAL THEORY, SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT TO IN ANY CIRCUMSTANCE EXCEED ANY THE RETURN OF THE AMOUNT OF FEES THAT MAY BE LICENSEE HAS PAID TO INFORMATICA HEREUNDER AND IF PSYCHOMETRICS FOR USE OF THE WEBSITE DURING THE PRECEDING TWELVE MONTHS. UNDER NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS CIRCUMSTANCES SHALL PSYCHOMETRICS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGESDAMAGES INCURRED BY LICENSEE, BY LICENSEE’S CLIENTS, OR BY ANY THIRD PARTY, INCLUDING DAMAGES FOR BUT NOT LIMITED TO LOSS OF INFORMATION, PROFITS, REVENUE, BUSINESS OPPORTUNITIES OR DATAGOODWILL, EVEN IF PSYCHOMETRICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.

Warranty and Limitation of Liability. Informatica 11.1 AIA warrants that it has full power the Services shall be performed by AIA in accordance with the applicable testing and authority certification standards and in a workmanlike manner by qualified personnel. AIA and the AIA Affiliates shall not be liable under any circumstances to license Customer or grant access any other person if (a) the Services or work products prepared in connection with the Services are not used for the intended contractual purpose; (b) any report prepared by AIA or the AIA Affiliates was subsequently modified without AIA’s or, as appropriate, the AIA Affiliates’ written consent; (c) if Customer fails to perform its obligations under these Terms; or (d) Customer did not disclose to AIA or the AIA Affiliates all material facts known to Customer with respect to the Informatica Products to Customer as applicable. object of the Services. 11.2 EXCEPT FOR THE INFORMATICA PRODUCTS AND ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”WARRANTIES SET FORTH HEREIN, WITHOUT WARRANTYAIA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES BY AIA OR ANY OF ITS AGENTS, SUBSIDIARIES, AFFILIATES OR SUBCONTRACTORS. ANY AND ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTY WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES PURPOSE, ARE EXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE REQUIRED BY LAW, EXCLUDED AND DECLINED. 11.3 THE LIABILITY OF INFORMATICA AIA AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENTAFFILIATES, OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED THEIR EMPLOYEES, AGENTS, MANAGERIAL STAFF AND CONSTITUENT BODIES, FOR ALL DAMAGES IN CONNECTION THEREWITHWITH THIS AGREEMENT SHALL IN ALL EVENTS BE LIMITED TO THE LOWER OF: (A) A TOTAL OF ONE MILLION UNITED STATES DOLLARS ($1,000,000.00); OR (B) FIVE (5) TIMES THE VALUE OF THE SERVICE THE CLAIM IS RELATED TO. 11.4 IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANY PERSON FOR ANY INDIRECT, HOWEVER CAUSEDSPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, DOWNTIME, LOSS OR INABILITY TO USE PROPERTY OR EQUIPMENT, AND ON ANY THEORY DAMAGES OR EXPENSES DUE TO POLLUTION,, REGARDLESS OF LIABILITYFAULT WHETHER PURSUANT TO A CLAIM IN SOLE, JOINT OR CONCURRENT FAULT OR NEGLIGENCE OR IS BASED UPON CONTRACT, WARRANTY, INDEMNITY, TORT/EXTRA‐CONTRACTUAL LIABILITY (INCLUDING CONTRACTNEGLIGENCE), STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA, OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING DAMAGES COULD HAVE BEEN FORESEEABLE AT THE FAILURE TIME OF THE ESSENTIAL PURPOSE OF ANY REMEDY.CONTRACTING..

Warranty and Limitation of Liability. Informatica warrants that it has full power and authority 3.1 CKFR SHALL INDEMNIFY AND HOLD CLIENT HARMLESS FROM ALL FINES, PENALTIES, LOSSES, LIABILITIES, DAMAGES, CLAIMS, AND COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS), CAUSED AS A RESULT OF CKFR’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, CKFR’S BREACH OF INTELLECTUAL PROPERTY RIGHTS OR CLIENT’S CONFIDENTIALITY PROVISIONS. If any claim is brought alleging infringement or the violation of any intellectual property right, the alleged infringing party will avoid any further possible infringement of the intellectual property right in question. The alleged infringing party will seek to license resolve the claim in consultation with the non-infringing party, either by means of alternative arrangements for the Services, or grant access by obtaining permission to use the Informatica Products to Customer as applicableintellectual property in question. 3.2 EXCEPT AS OTHERWISE STATED IN SECTION 3.1, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES. ANY CLAIM FOR DAMAGES AGAINST CKFR, OTHER THAN AS PROVIDED FOR HEREIN, SHALL BE LIMITED TO LIQUIDATED DAMAGES IN THE INFORMATICA PRODUCTS AND ANY SERVICE PROVIDED HEREUNDER ARE AMOUNT OF THE SYSTEM FEES PAID BY CLIENT TO CKFR FOR EACH AFFECTED AUTHORIZED USER PURSUIANT TO THIS AGREEMENT FOR THE TWO (2) CALENDAR MONTHS IMMEDIATELY PRECEEDING THE MONTH THAT GAVE RISE TO THE DAMAGES. EXCEPT AS OTHERWISE PROVIDED “AS-IS”HEREIN, WITHOUT WARRANTYCKFR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMEDWITH RESPECT TO THE SERVICES PROVIDED HEREUNDER. EXCEPT AS OTHERWISE REQUIRED BY LAWNeither party shall be liable for any delay or other failure of performance caused by factors beyond its reasonable control, THE LIABILITY OF INFORMATICA AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENTsuch as, OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED IN CONNECTION THEREWITHbut not limited to, HOWEVER CAUSEDstrikes, AND ON ANY THEORY OF LIABILITYinsurrection, INCLUDING CONTRACTwar, STRICT LIABILITYfire, NEGLIGENCE OR OTHER TORTlack of energy, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USDacts of God, governmental acts or regulation, or acts of third parties. In the event that Client at any time accesses data comprised of evaluations of Fixed Income Securities and certain other data related to such securities, the following additional provisions shall apply: i) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCYFixed Income Securities are complicated financial instruments. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECTThere are many methodologies (including computer-based analytical modeling and individual security evaluations*) available to generate approximations of their market value, INCIDENTALand there is significant professional disagreement about which is best. No evaluation method, SPECIAL OR CONSEQUENTIAL DAMAGESincluding those used by CKFR, INCLUDING DAMAGES FOR LOSS OF PROFITSmay consistently generate approximations that correspond to actual “traded” prices of the instruments. ii) The System contains evaluations; however, REVENUEClient acknowledges that there may be errors or defects in the System evaluations and may be inappropriate for use in certain applications. iii) Client acknowledges and agrees that Client assumes all responsibility for edit checking, OR DATAexternal verification of evaluations, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGESand ultimately the appropriateness of use of evaluations and other pricing data provided via the System, regardless of any efforts made by CKFR or any of its third party suppliers in this respect. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDYClient agrees to indemnify and hold CKFR and its third party suppliers completely harmless in the event that errors, defects, or inappropriate evaluations are made available to Client via the System. * Individual security evaluations are used for miscellaneous issues that may not fit into any of data supplier’s current evaluation models. These issues are evaluated on a case-by-case basis. Data suppliers concentrate on integrity within both market sector and issuer, examine the individual characteristics of each issue, and confer with broker/dealers and other information sources. Market sources are contacted by CKFR’s data suppliers when appropriate for the particular issue. These issue types include but are not limited to non-investment grade issues and issues with special terms and conditions. These issues are subject to the same quality control standards applied to other evaluations provided by CKFR’s data suppliers.

Warranty and Limitation of Liability. Informatica 11.1 TRNA warrants that it has full power the Services shall be performed by TRNA in accordance with the applicable testing and authority certification standards and in a workmanlike manner by qualified personnel. TRNA and the TRNA Affiliates shall not be liable under any circumstances to license Customer or grant access any other person if (a) the Services or work products prepared in connection with the Services are not used for the intended contractual purpose; (b) any report prepared by TRNA or the TRNA Affiliates was subsequently modified without TRNA’s or, as appropriate, the TRNA Affiliates’ written consent; (c) if Customer fails to perform its obligations under these Terms; or (d) Customer did not disclose to TRNA or the TRNA Affiliates all material facts known to Customer with respect to the Informatica Products to Customer as applicable. object of the Services. 11.2 EXCEPT FOR THE INFORMATICA PRODUCTS AND ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”WARRANTIES SET FORTH HEREIN, WITHOUT WARRANTYTRNA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES BY TRNA OR ANY OF ITS AGENTS, SUBSIDIARIES, AFFILIATES OR SUBCONTRACTORS. ANY AND ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTY WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES PURPOSE, ARE EXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE REQUIRED BY LAW, EXCLUDED AND DECLINED. 11.3 THE LIABILITY OF INFORMATICA TRNA AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENTAFFILIATES, OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED THEIR EMPLOYEES, AGENTS, MANAGERIAL STAFF AND CONSTITUENT BODIES, FOR ALL DAMAGES IN CONNECTION THEREWITHWITH THIS AGREEMENT SHALL IN ALL EVENTS BE LIMITED TO THE LOWER OF: (A) A TOTAL OF ONE MILLION UNITED STATES DOLLARS ($1,000,000.00); OR (B) FIVE (5) TIMES THE VALUE OF THE SERVICE THE CLAIM IS RELATED TO. 11.4 IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANY PERSON FOR ANY INDIRECT, HOWEVER CAUSEDSPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, DOWNTIME, LOSS OR INABILITY TO USE PROPERTY OR EQUIPMENT, AND ON ANY THEORY DAMAGES OR EXPENSES DUE TO POLLUTION,, REGARDLESS OF LIABILITYFAULT WHETHER PURSUANT TO A CLAIM IN SOLE, JOINT OR CONCURRENT FAULT OR NEGLIGENCE OR IS BASED UPON CONTRACT, WARRANTY, INDEMNITY, TORT/EXTRA‐CONTRACTUAL LIABILITY (INCLUDING CONTRACTNEGLIGENCE), STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA, OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING DAMAGES COULD HAVE BEEN FORESEEABLE AT THE FAILURE TIME OF THE ESSENTIAL PURPOSE OF ANY REMEDYCONTRACTING.

Warranty and Limitation of Liability. Informatica warrants that it has full power and authority to license or grant access to the Informatica Products to Customer as applicableCOMPANY AND/OR ITS AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SYSTEM FOR ANY PURPOSE. TO THE INFORMATICA PRODUCTS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”KIND. COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SYSTEM AND RELATED INFORMATION, WITHOUT WARRANTYSOFTWARE, EXPRESS OR IMPLIEDPRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ANY ALL IMPLIED WARRANTY WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMEDNON-INFRINGEMENT. EXCEPT AS OTHERWISE REQUIRED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF INFORMATICA AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENT, OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. IN NO EVENT WILL INFORMATICA SHALL COMPANY AND/OR ITS LICENSORS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL SPECIAL, OR CONSEQUENTIAL DAMAGESDAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, REVENUEARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SYSTEM, WITH THE DELAY OR INABILITY TO USE THE SYSTEM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR DATAFOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM OR THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY NOTWITHSTANDING THE FAILURE TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ESSENTIAL PURPOSE SYSTEM, OR WITH ANY OF ANY REMEDYTHESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM. These Terms shall be treated as though they were executed and performed in the Commonwealth of Pennsylvania, and shall be governed by the laws of the Commonwealth of Pennsylvania and the laws of the United States without regard to conflict of law principles. Any claim or dispute related to the System or under these Terms of Use, the Privacy Policy, and any legal notices on this System must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the Delaware County, in the Commonwealth of Pennsylvania.

Warranty and Limitation of Liability. Informatica a. Each Party represents, warrants and covenants that it has full power will comply with all applicable laws and regulations in connection with this Agreement. Equinix represents, warrants and covenants that it shall perform the Services in a professional and workmanlike manner. Customer represents, warrants and covenants that it will maintain throughout the Term the legal right and authority (including regulatory consents) to license or grant access to the Informatica Products to Customer operate, configure, install, maintain and repair Customer’s Equipment as applicable. contemplated by this Agreement. b. EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, EQUINIX DOES NOT MAKE AND HEREBY DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO EXPRESS, IMPLIED AND STATUTORY WARRANTIES THAT THE INFORMATICA PRODUCTS SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE AND ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”, WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. ALL SUCH WARRANTIES SERVICES ARE EXPRESSLY DISCLAIMED. EXCEPT PROVIDED OR PERFORMED ON AN “AS OTHERWISE REQUIRED BY LAWIS”, “AS AVAILABLE” BASIS, AND CUSTOMER’S USE OF THE LIABILITY OF INFORMATICA AND SERVICES IS SOLELY AT ITS LICENSORS OWN RISK. c. NOTWITHSTANDING ANYTHING TO CUSTOMER ARISING FROM THE CONTRARY IN THIS AGREEMENT, OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR (i) LOST PROFITS; (ii) LOSS OF BUSINESS; (iii) LOSS OF REVENUES (EXCEPT THAT CUSTOMER SHALL BE LIABLE FOR ANY INDIRECT, SERVICE FEES OR OTHER AMOUNTS OWED TO EQUINIX UNDER THIS AGREEMENT); (IV) LOSS OF DATA OR INTERRUPTION OR CORRUPTION OF DATA; (V) ANY CONSEQUENTIAL OR INDIRECT DAMAGES; OR (VI) ANY INCIDENTAL, SPECIAL SPECIAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING PUNITIVE DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA(IF APPLICABLE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE . d. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EQUINIX’S TOTAL LIABILITY TO CUSTOMER IN THE AGGREGATE FOR THE ENTIRE TERM (REGARDLESS OF WHETHER THE CLAIMS ARE BROUGHT DURING OR AFTER THE TERM) WITH RESPECT TO ALL CLAIMS ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING ATTORNEY’S FEES) WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO EQUINIX FOR THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE MONTH IN WHICH THE FIRST CLAIM AROSE, AS A FURTHER LIMITATION, EQUINIX’S MAXIMUM LIABILITY FOR ANY CLAIMS RELATING TO SERVICES OFFERED OR PROVIDED BY EQUINIX (i) FOR A NON-RECURRING CHARGE ONLY; OR (ii) AS SMART HANDS SERVICES SHALL NOT EXCEED THE AMOUNT OF THE SERVICE FEE FOR SUCH SERVICE PROVIDED ON THE OCCASION GIVING RISE TO THE CLAIM. e. THE LIMITATIONS SET FORTH IN SECTIONS 4(c) AND 4(d) WILL APPLY NOTWITHSTANDING THE FAILURE TO ALL CLAIMS AND CAUSES OF THE ESSENTIAL PURPOSE ACTION, REGARDLESS OF ANY REMEDYWHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY. f. Equinix and Customer each waive the right to bring any claim against the other Party arising out of or in any way relating to an Order more than one (1) year after the date such Order expires or is terminated. Each Party recognizes and agrees that the warranty disclaimers, limitations of liability and remedy limitations in this Agreement are materially bargained for by Equinix and Customer.

Warranty and Limitation of Liability. Informatica warrants that it has full power and authority to license or grant access to the Informatica Products to Customer as applicable. 10.1 EXCEPT AS PROVIDED IN THE INFORMATICA PRODUCTS AND ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”APPLICABLE SCHEDULE, WITHOUT WARRANTY, FLYNET MAKES NO EXPRESS OR IMPLIEDIMPLIED WARRANTY WITH RESPECT TO THE SOFTWARE OR SERVICES TO BE SUPPLIED BY FLYNET, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH WARRANTIES DISCLAIMERS ARE EXPRESSLY DISCLAIMEDSPECIFICALLY HELD TO BE LEGALLY INVALID. EXCEPT AS OTHERWISE REQUIRED BY LAW, FLYNET DOES NOT WARRANT THAT THE LIABILITY OF INFORMATICA AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENTSOFTWARE OR SERVICES WILL BE ERROR-FREE, OR THAT ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES DEFECTS THAT MAY EXIST IN THE SOFTWARE WILL BE PAID TO INFORMATICA HEREUNDER AND IF CORRECTED. CUSTOMER ACKNOWLEDGES THAT FLYNET HAS MADE NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) REPRESENTATIONS REGARDING WARRANTY OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. PERFORMANCE OR CAPABILITY. 10.2 IN NO EVENT WILL INFORMATICA OR ITS LICENSORS SHALL FLYNET BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, USE, DATA OR INFORMATION OR FOR ANY INCIDENTAL, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO DAMAGES FOR RESULTING FROM LOSS OF PROFITSUSE, REVENUELOSS OF ANTICIPATED SAVINGS OR LOST DATA EVEN IF FLYNET HAS BEEN ADVISED, KNEW, OR DATA, EVEN IF ADVISED SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGESTHEREOF, OR FOR ANY CLAIM BY ANY THIRD PARTY. 10.3 Customer agrees that Flynet's liability under these Terms and Conditions and any schedules in contract or tort shall not exceed the lesser of the fees (if any) paid by Customer in the preceding twelve months or £500,000. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDYThis limitation shall not apply to death or personal injury caused by ▇▇▇▇▇▇'s negligence or any other liability that by law can not be limited. 10.4 The operation of this Clause 10 shall survive the termination of these Terms and Conditions.

Warranty and Limitation of Liability. Informatica 3.1 JKI warrants that it any Services provided to Customer under this Agreement will be consistent with generally accepted industry standards. This warranty shall be valid for ninety (90) days from performance of the applicable Services. If after the expenditure of such reasonable efforts, JKI is unable to correct the Services such that they comply with the foregoing warranty, Customer may, at its option, terminate such Services and, JKI, in full satisfaction of all Customer’s claims relating to such noncompliance, shall refund the pro rata portion of the fees Customer has full power and authority paid with respect to such nonconforming Services. 3.2 JKI warrants that the JKI Reuse Libraries as originally delivered by JKI to Customer consist of original works of authorship or works with respect to which the copyrights (or license or grant access rights thereto) have been assigned to JKI. JKI further warrants that, to JKI’s actual knowledge, the licenses granted to the Informatica Products JKI Reuse Libraries as originally delivered by JKI to Customer as applicable. THE INFORMATICA PRODUCTS do not infringe the copyright or trade secret rights of any third party. 3.3 EXCEPT AS EXPRESSLY PROVIDED IN SECTIONS 3.1 AND ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”3.2 ABOVE, WITHOUT WARRANTY, JKI HEREBY DISCLAIMS ALL EXPRESS OR IMPLIEDIMPLIED WARRANTIES WITH RESPECT TO THE SERVICES AND RESULTING DELIVERABLES PROVIDED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE REQUIRED BY LAWOR USE, THE OR FREEDOM FROM INFRINGEMENT ANY INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. 3.4 IN NO EVENT WILL EITHER PARTY’S LIABILITY OF INFORMATICA ANY KIND WITH RESPECT TO THE SERVICES AND ITS LICENSORS TO CUSTOMER ARISING FROM RESULTING DELIVERABLES PROVIDED UNDER THIS AGREEMENT, OR OTHERWISE ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDE ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED IN CONNECTION THEREWITHSPECIAL, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPOTENTIAL LOSS OR DAMAGE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE EXCEPT WITH RESPECT TO CLAIMS ARISING FROM (X) JKI’S KNOWING AND WILFUL BREACH OF THE ESSENTIAL PURPOSE WARRANTY IN SECTION 3.2, OR (Y) A PARTY’S OBLIGATIONS WITH RESPECT TO CONFIDENTIAL INFORMATION, NEITHER PARTY’S LIABILITY FOR DAMAGES HEREUNDER SHALL EXCEED, (A) THE AMOUNT OF ANY REMEDYFEES PAID TO JKI BY CUSTOMER WITHIN THE PAST TWELVE (12) MONTHS UNDER THIS AGREEMENT WITH RESPECT TO THE SPECIFIC SERVICES OR DELIVERABLES DIRECTLY GIVING RISE TO THE LIABILITY, OR (B) $10,000, WHICHEVER IS LESS.

Warranty and Limitation of Liability. Informatica ▇. ▇▇▇▇▇ warrants that it has full power the services provided by ▇▇▇▇▇ under this Agreement will materially conform with the Documentation during the Term. Where any Application Schedule contains any service level with respect to a service, that service level will preempt this Section 9(a) with respect to that service and authority any remedy with respect to license or grant access to the Informatica Products to Customer as applicable. THE INFORMATICA PRODUCTS AND that service.‌ b. EXCEPT AS PROVIDED IN SECTION 9(a), ALL SERVICES ARE WITHOUT WARRANTY OF ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”, WITHOUT WARRANTY, KIND EXPRESS OR IMPLIED, INCLUDING INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY NON- INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMEDPURPOSE. EXCEPT CUSTOMER'S SOLE REMEDY FOR ▇▇▇▇▇’▇ BREACH OF ANY WARRANTY IS AS OTHERWISE REQUIRED BY LAW, THE LIABILITY OF INFORMATICA AND ITS LICENSORS SET FORTH IN THIS SECTION 9(b). IN NO EVENT SHALL ▇▇▇▇▇ BE LIABLE TO CUSTOMER ARISING FROM THIS AGREEMENTFOR ANY AMOUNT IN EXCESS OF THE FEES ACTUALLY PAID BY CUSTOMER TO ▇▇▇▇▇ FOR SERVICES THAT GIVE RISE TO THE CLAIM OR CAUSE OF ACTION. ▇▇▇▇▇ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOOD WILL, USE, DATA, OR OTHER INDIRECT LOSSES WHETHER DERIVED FROM THIRD PARTY CLAIMS OR LOSSES OF ANY INFORMATICA PRODUCTS NATURE WHATSOEVER OR SERVICES PERFORMED IN CONNECTION THEREWITHOTHERWISE, HOWEVER CAUSEDREGARDLESS OF WHETHER ▇▇▇▇▇ WAS ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR COSTS OCCURRING, AND ON ANY THEORY OF LIABILITYWHETHER SUCH LIABILITY WAS BASED UPON TORT, INCLUDING CONTRACTWARRANTY, NEGLIGENCE, STRICT LIABILITY, NEGLIGENCE CONTRACT, PRODUCT LIABILITY, OR ANY OTHER TORT, CLAIM AT LAW OR IN EQUITY. THE LIMITATIONS OF LIABILITY AS SET FORTH HEREIN SHALL BE LIMITED APPLICABLE TO, AND SHALL INURE TO DIRECT THE BENEFIT OF ▇▇▇▇▇ AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AFFILIATES, AND PARTNERS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER IRREVOCABLY WAIVES ANY STATE, FEDERAL, OR LOCAL LAW, REGULATION, OR STATUTE THAT WOULD OTHERWISE LIMIT OR PROHIBIT LIMITATIONS OF OR GENERAL RELEASES OF LIABILITY. THE LIMITATIONS SET FORTH HEREIN ARE INTENDED TO COMPLY TO THE FULLEST EXTENT POSSIBLE WITH ANY APPLICABLE LAW, REGULATION, OR STATUTE PROHIBITING OR LIMITING THE EXCLUSION OR LIMITATION OF DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS DISCLAIMER OF PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGESWARRANTIES AND REPRESENTATIONS. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE THAT THEY CAUSE ANY REMEDY TO FAIL OF THE ITS ESSENTIAL PURPOSE OF ANY REMEDYPURPOSE. The foregoing limitations include and apply to, without limitation, any liability arising out of the performance or failure to perform of any hardware, software, or Internet connection or data transfers or transmission, from any incidents, omissions, interruptions in or failure to provide Internet service; from interruptions in Internet availability; from the consequences of computer viruses transferred over the Internet or otherwise; or from communication line failure, breach of security due to use of the Internet, or any loss of information or confidentiality due therefrom.

Warranty and Limitation of Liability. Informatica 5.1 Licensor warrants that that: (i) it has full power all necessary rights and authority to license enter into and perform this Agreement; (ii) the Licensed Material will be free from defects in material and workmanship for 30 days from delivery (Licensee's sole and exclusive remedy for a breach of this warranty being the replacement of the Licensed Material); and (iii) Licensee's use of the Licensed Material in its original form, and when used in accordance with this Agreement and the Invoice, will not infringe on any copyright, moral right, trademark or grant access to the Informatica Products to Customer as applicable. THE INFORMATICA PRODUCTS AND ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”, WITHOUT WARRANTYother intellectual property right and will not violate any right of privacy or right of publicity. 5.2 LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING REGARDING THE LICENSED MATERIAL, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMEDPURPOSE. EXCEPT AS OTHERWISE REQUIRED BY LAWLICENSOR SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, THE LIABILITY OF INFORMATICA AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENTPUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS COSTS OR LOSSES ARISING OUT OF PROFITS, REVENUE, LICENSEE'S USE OF THE LICENSED MATERIAL OR DATAOTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. THESE LIMITATIONS LICENSOR'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE LICENSED MATERIAL (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF 5 TIMES THE VALUE PAID BY THE LICENSEE FOR THE LICENSED MATERIAL. 5.3 THE REPRESENTATIONS AND WARRANTIES MADE BY LICENSOR IN THIS AGREEMENT APPLY ONLY TO THE LICENSED MATERIAL AS DELIVERED BY LICENSOR AND WILL APPLY NOTWITHSTANDING BE INVALID IF THE FAILURE LICENSED MATERIAL IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THE ESSENTIAL PURPOSE OF ANY REMEDYTHIS AGREEMENT.

Warranty and Limitation of Liability. Informatica warrants that it has full power and authority to license or grant access to the Informatica Products to Customer as applicableCUSTOMER UNDERSTANDS AND AGREES THAT TEMPORARY INTERRUPTIONS MAY OCCUR AS NORMAL EVENTS IN THE PROVISION OF SERVICE. THE INFORMATICA PRODUCTS AND SBC WILL EXERCISE REASONABLE CARE TO PREVENT SUCH OCCURRENCES, BUT UNDER NO CIRCUMSTANCES WILL SBC BE HELD LIABLE FOR ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”, WITHOUT ECONOMIC OR OTHER DAMAGES DUE TO SUCH INTERRUPTIONS. SBC MAKES NO WARRANTY, EXPRESS EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ANY SERVICE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY ITS QUALITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE REQUIRED BY LAW, THE LIABILITY OF INFORMATICA AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENT, OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCYUSE. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS SBC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, SPECIAL ECONOMIC, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES, INCLUDING PUNITIVE DAMAGES ARISING OUT OF THE USE OF THE SERVICE. EXCEPT FOR DAMAGES FOR PERSONAL INJURY OR LOSS OF PROFITSPERSONAL PROPERTY (EXCLUDING LOSS OF DATA OR PROGRAMMING), REVENUETHE LIABILITY OF SBC UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO PROVEN DIRECT DAMAGES UP TO AMOUNTS PAID BY CUSTOMER FOR THE AFFECTED SERVICE DURING THE PERIOD AFFECTED BY THE MISTAKE, OMISSION, ERROR, DELAY, INTERRUPTION, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF DEFECT RESULTING IN SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.

Warranty and Limitation of Liability. Informatica Unless otherwise specified in the applicable warranty statement, the Documentation or in any other media at the time of shipment of the Software by Zebra, and for the warranty period specified therein, for the first 120 days after initial shipment of the Software to the Customer, Zebra warrants that it has full power and authority to license the Software, when installed and/or used properly, will be free from reproducible defects that materially vary from its published specifications. Zebra does not warrant that Customer’s use of the Software or grant access to the Informatica Products to Customer as applicablewill be uninterrupted or error-free or that the Software or the Products will meet Customer’s particular requirements. ZEBRA’S TOTAL LIABILITY, AND CUSTOMER’S SOLE REMEDY, FOR ANY BREACH OF THIS WARRANTY WILL BE LIMITED TO, AT ZEBRA’S OPTION, REPAIR OR REPLACEMENT OF THE INFORMATICA PRODUCTS SOFTWARE OR PAYMENT OF CUSTOMER’S ACTUAL DAMAGES UP TO THE AMOUNT PAID TO ZEBRA FOR THE SOFTWARE OR THE INDIVIDUAL PRODUCT IN WHICH THE SOFTWARE IS EMBEDDED OR FOR WHICH IT WAS PROVIDED. THIS WARRANTY EXTENDS ONLY TO THE FIRST CUSTOMER; SUBSEQUENT TRANSFEREES MUST ACCEPT THE SOFTWARE “AS IS” AND WITH NO WARRANTIES OF ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”, WITHOUT WARRANTYKIND. ZEBRA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, NON- INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE REQUIRED BY LAW, THE LIABILITY OF INFORMATICA AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENT, OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCYPURPOSE. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS ZEBRA BE LIABLE FOR ANY INDIRECTSPECIAL, INCIDENTAL, SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, TIME OR DATA, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS, REVENUEOR SAVINGS, OR DATATO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY NOTWITHSTANDING THE ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Warranty and Limitation of Liability. Informatica warrants that it has full power (a) MCI shall perform the Services in accordance with the terms and authority to license conditions herein unless: (i) Events or grant access to circumstances beyond the Informatica Products to control of MCI or its agents or subcontractors preclude performance, including, without limitation, acts of God such as fire, explosion, floods or earthquakes or failure of power, supply of materials or equipment or strikes, labor disputes or work stoppages; or (ii) Customer breaches any material term or condition of this Sensibill Agreement. (b) Other than as applicable. THE INFORMATICA PRODUCTS AND expressly set forth herein, MCI DISCLAIMS ALL WARRANTIES OF ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”, WITHOUT WARRANTY, EXPRESS OR IMPLIEDKIND, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE REQUIRED BY LAW, PURPOSE. (c) THE TOTAL LIABILITY OF INFORMATICA AND MCI, ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENT, AFFILIATES OR ANY INFORMATICA PRODUCTS OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICES PERFORMED IN CONNECTION THEREWITHSUBCONTRACTORS TO CUSTOMER, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE FOR OTHER THAN DAMAGES TO REAL PROPERTY OR OTHER TORTTANGIBLE PERSONAL PROPERTY OR CLAIMS FOR PERSONAL INJURY, SHALL BE LIMITED TO ACTUAL, DIRECT DAMAGES RESULTING FROM MCI'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT AND SHALL NOT EXCEED, IN THE AGGREGATE, AN AMOUNT EQUAL TO EXCEED THE TOTAL AMOUNTS PAID BY CUSTOMER TO MCI CONFIDENTIAL 3 4 MCI FOR THE SPECIFIC SERVICE FORMING THE BASIS FOR THE CAUSE OF ACTION FOR THE THREE MONTHS IMMEDIATELY PRECEDING THE ACCRUAL OF SUCH CAUSE OF ACTION. NOTWITHSTANDING ANY FEES OTHER PROVISIONS OF THIS SECTION, MCI SHALL NOT BE LIABLE FOR DAMAGES THAT MAY BE PAID COULD HAVE BEEN AVOIDED BY CUSTOMER'S USE OF REASONABLE DILIGENCE. (d) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SENSIBILL AGREEMENT TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. CONTRARY, IN NO EVENT WILL INFORMATICA SHALL MCI, ANY OF ITS AFFILIATES OR ITS LICENSORS ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS BE LIABLE TO CUSTOMER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTALEXEMPLARY, SPECIAL SPECIAL, INCIDENTAL OR CONSEQUENTIAL PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA, EVEN IF MCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (e) MCI AND CUSTOMER EXPRESSLY ACKNOWLEDGE AND AGREE THAT LIMITATIONS AND EXCLUSIONS CONTAINED HEREIN REPRESENT THE PARTIES' AGREEMENT AS TO THE ALLOCATION OF RISK BETWEEN THE PARTIES IN CONNECTION WITH MCI'S OBLIGATIONS UNDER THIS SENSIBILL AGREEMENT. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE PAYMENTS PAYABLE TO MCI IN CONNECTION HEREWITH REFLECT THIS ALLOCATION OF RISK AND THE ESSENTIAL PURPOSE EXCLUSION OF ANY REMEDYCONSEQUENTIAL DAMAGES IN THIS SENSIBILL AGREEMENT. (f) Customer agrees to indemnify MCI and its affiliates and their respective employees, officers, directors, agents and subcontractors, and hold them harmless against any damages and expenses, including reasonable attorneys' fees, incurred by any of them arising out of Customer's, or its employees', officers', directors', subcontractor(s)' or agent(s)', acts, omissions or breach of its obligations hereunder, or its use of the Computer Services in a manner other than as intended herein.

Warranty and Limitation of Liability. Informatica warrants that it has full power and authority to license or grant access to the Informatica Products to Customer as applicable. THE INFORMATICA PRODUCTS AND ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”, WITHOUT WARRANTY, OTHER THAN AS EXPRESSLY SET OUT IN THIS AGREEMENT ISCO MAKES NO EXPRESS OR IMPLIEDIMPLIED WARRANTIES OF ANY KIND, AND ISCO DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SUITABILITY OR MERCHANTABILITY AND COMPLIANCE WITH THE REQUIREMENTS OF ANY LAW, REGULATION, SPECIFICATION OR CONTRACTS WHICH PROVIDE FOR SPECIFIC MACHINES, APPARATUS OR METHODS. THE EQUIPMENT SHALL BE DELIVERED TO CUSTOMER “AS IS”. ISCO SHALL NOT BE LIABLE TO CUSTOMER FOR PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING ANY DAMAGES FOR FAILURE TO DELIVER THE EQUIPMENT BY THE DELIVERY DATE OR WORK DELAYS CAUSED BY THE NEED TO REPAIR OR MAINTAIN THE EQUIPMENT. ISCO SHALL NOT BE LIABLE TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ISCO’S AGGREATE LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE REQUIRED BY LAWCLAIMS OF ANY NATURE WHATSOEVER SHALL, THE LIABILITY OF INFORMATICA AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENT, OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECTAND UNDER NO CIRCUMSTANCE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF EXCEED THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDYPAYMENTS ACTUALLY RECEIVED BY ISCO UNDER THIS AGREEMENT.

Warranty and Limitation of Liability. Informatica 11.1 AIA warrants that it has full power the Services shall be performed by AIA in accordance with the applicable testing and authority certification standards and in a workmanlike manner by qualified personnel. AIA and the AIA Affiliates shall not be liable under any circumstances to license Customer or grant access any other person if (a) the Services or work products prepared in connection with the Services are not used for the intended contractual purpose; (b) any report prepared by AIA or the AIA Affiliates was subsequently modified without AIA’s or, as appropriate, the AIA Affiliates’ written consent; (c) if Customer fails to perform its obligations under these Terms; or (d) Customer did not disclose to AIA or the AIA Affiliates all material facts known to Customer with respect to the Informatica Products to Customer as applicable. object of the Services. 11.2 EXCEPT FOR THE INFORMATICA PRODUCTS AND ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”WARRANTIES SET FORTH HEREIN, WITHOUT WARRANTYAIA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES BY AIA OR ANY OF ITS AGENTS, SUBSIDIARIES, AFFILIATES OR SUBCONTRACTORS. ANY AND ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTY WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES PURPOSE, ARE EXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE REQUIRED BY LAW, EXCLUDED AND DECLINED. 11.3 THE LIABILITY OF INFORMATICA AIA AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENTAFFILIATES, OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED THEIR EMPLOYEES, AGENTS, MANAGERIAL STAFF AND CONSTITUENT BODIES, FOR ALL DAMAGES IN CONNECTION THEREWITHWITH THIS AGREEMENT SHALL IN ALL EVENTS BE LIMITED TO THE LOWER OF: (A) A TOTAL OF ONE MILLION UNITED STATES DOLLARS ($1,000,000.00); OR (B) FIVE (5) TIMES THE VALUE OF THE SERVICE THE CLAIM IS RELATED TO. 11.4 IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANY PERSON FOR ANY INDIRECT, HOWEVER CAUSEDSPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, DOWNTIME, LOSS OR INABILITY TO USE PROPERTY OR EQUIPMENT, AND ON ANY THEORY DAMAGES OR EXPENSES DUE TO POLLUTION,, REGARDLESS OF LIABILITYFAULT WHETHER PURSUANT TO A CLAIM IN SOLE, JOINT OR CONCURRENT FAULT OR NEGLIGENCE OR IS BASED UPON CONTRACT, WARRANTY, INDEMNITY, TORT/EXTRA- CONTRACTUAL LIABILITY (INCLUDING CONTRACTNEGLIGENCE), STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA, OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING DAMAGES COULD HAVE BEEN FORESEEABLE AT THE FAILURE TIME OF THE ESSENTIAL PURPOSE OF ANY REMEDY.CONTRACTING..

Warranty and Limitation of Liability. Informatica warrants a. Stratos will perform Services in a professional and workmanlike manner, and will make all reasonable efforts to ensure the reliability and proper functionality of the Services and Deliverables. Stratos disclaims all other warranties. Client sole recourse is to retain Stratos as necessary, under the terms of this Agreement, to cure any defects or deficiencies that it has full power and authority to license may perceive in the Services or grant access to the Informatica Products to Customer as applicable. THE INFORMATICA PRODUCTS Deliverables. b. EXCEPT AS PROVIDED IN THIS SECTION 6, STRATOS DOES NOT MAKE, AND ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”SPECIFICALLY EXCLUDES AND DISCLAIMS ALL OTHER WARRANTIES, WITHOUT WARRANTYWHETHER EXPRESS, EXPRESS OR IMPLIED, OR ARISING BY TRADE USAGE OR COURSE OF DEALING, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE REQUIRED BY LAWPURPOSE, THE LIABILITY OF INFORMATICA AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENTTITLE, OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSEDNONINFRINGEMENT, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. IMPLIED INDEMNITIES. c. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS STRATOS BE LIABLE FOR ANY INDIRECT, INCIDENTALCONSEQUENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, AND LOSS OF PROFITSBUSINESS INFORMATION) ARISING OUT OF THE USE, REVENUE, INABILITY TO USE OR DATAFAILURE OF THE SERVICES OR DELIVERABLES, EVEN IF STRATOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS IN NO EVENT WILL APPLY NOTWITHSTANDING THE LIABILITY OF STRATOS (1) UNDER ANY PROVISION OF THIS AGREEMENT, (2) FOR ANY DAMAGES CAUSED BY A DEFECT OR FAILURE OF DELIVERABLES, OR (3) AS DETERMINED BY A COURT OF PROPER JURISDICTION HOLDING ANY OF THE ESSENTIAL PURPOSE ABOVE WARRANTIES OR DISCLAIMERS OF ANY REMEDYWARRANTIES INADEQUATE OR INVALID, EXCEED THE AMOUNT ACTUALLY PAID BY CLIENT TO STRATOS UNDER THE APPLICABLE STATEMENT OF WORK. AMOUNTS PAID BY CLIENT TO STRATOS UNDER SEPARATE STATEMENTS OF WORK WILL NOT BE AGGREGATED TO ENLARGE OR EXTEND THIS LIMIT.

Warranty and Limitation of Liability. Informatica warrants that it has full power and authority to license or grant access to the Informatica Products to Customer as applicableHELLO TEMP AND/OR ITS AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SYSTEM FOR ANY PURPOSE. TO THE INFORMATICA PRODUCTS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”KIND. HELLO TEMP AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SYSTEM AND RELATED INFORMATION, WITHOUT WARRANTYSOFTWARE, EXPRESS OR IMPLIEDPRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ANY ALL IMPLIED WARRANTY WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMEDNON- INFRINGEMENT. EXCEPT AS OTHERWISE REQUIRED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF INFORMATICA AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENT, OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. IN NO EVENT WILL INFORMATICA SHALL HELLO TEMP AND/OR ITS LICENSORS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL SPECIAL, OR CONSEQUENTIAL DAMAGESDAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, REVENUEARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SYSTEM, WITH THE DELAY OR INABILITY TO USE THE SYSTEM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR DATAFOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM OR THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HELLO TEMP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY NOTWITHSTANDING THE FAILURE TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ESSENTIAL PURPOSE SYSTEM, OR WITH ANY OF ANY REMEDYTHESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM.

Warranty and Limitation of Liability. Informatica warrants that it has full power and authority to license or grant access to the Informatica Products to Customer as applicable(a) UNDER THIS AGREEMENT, TNS PROVIDES SERVICES, NOT GOODS. TNS WARRANTS THAT IT WILL PERFORM THESE SERVICES IN A WORKMANLIKE MANNER. PRODUCTS OR SERVICES SOLD OR PROVIDED UNDER ANOTHER CONTRACT ARE GOVERNED SOLELY BY THE INFORMATICA PRODUCTS AND TERMS OF THAT CONTRACT, INCLUDING ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”WARRANTIES, WITHOUT WARRANTYGUARANTEES, OR OTHER OBLIGATIONS OF TNS UNDER THAT CONTRACT. TNS MAKES NO OTHER WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, INCLUDING UNDER THIS AGREEMENT, AND TNS EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. (b) FOR PURPOSES OF THIS PARAGRAPH 7(b), TNS INCLUDES TNS AND ANY AFFILIATED AND SUBSIDIARY COMPANIES OF TNS, AND THE DIRECTORS, EMPLOYEES, OFFICERS, AGENTS, SUBCONTRACTORS AND SUPPLIERS OF ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE REQUIRED BY LAW, THE OF THEM. (i) TNS’ LIABILITY OF INFORMATICA AND ITS LICENSORS TO CUSTOMER ARISING FROM ON ACCOUNT OF ANY ACTS OR OMISSIONS RELATING TO THIS AGREEMENT, OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, AGREEMENT SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AGGREGATE AMOUNT NOT TO EXCEED ANY FEES THAT MAY BE AN AMOUNT EQUAL TO THE AMOUNT PAID BY CUSTOMER TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S TNS DURING THE MONTH PRECEDING THE MONTH IN WHICH THE CAUSE OF ACTION AROSE. HOWEVER, NOTHING IN THIS SUBPARAGRAPH 7(b) (i) LIMITS TNS’ LIABILITY IS LIMITED FOR DIRECT DAMAGES TO ONE THOUSAND DOLLARS ( $1,000.00 USDREAL OR TANGIBLE PERSONAL PROPERTY, OR FOR BODILY INJURY OR DEATH, PROXIMATELY CAUSED BY TNS’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. (ii) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS NEITHER TNS NOR CUSTOMER SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, PUNITIVE OR SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LIMITATION DAMAGES FOR LOSS OF HARM TO BUSINESS, LOST PROFITS, REVENUELOST SAVINGS OR LOST REVENUES, WHETHER OR DATA, EVEN IF NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ; PROVIDED HOWEVER THAT NOTHING CONTAINED IN THIS CLAUSE (ii) SHALL LIMIT CUSTOMER'S LIABILITY TO PAY ANY CHARGES, FEES AND/OR AMOUNTS DUE HEREUNDER FOR SERVICES ACTUALLY PROVIDED BY TNS TO CUSTOMER PURSUANT TO THE TERMS HEREOF. (iii) THESE LIMITATIONS WILL OF LIABILITY SHALL APPLY NOTWITHSTANDING REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY OR TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE OF ANY KIND, WHETHER ACTIVE OR PASSIVE, AND SHALL SURVIVE FAILURE OF THE ESSENTIAL PURPOSE OF ANY AN EXCLUSIVE REMEDY. (iv) TNS SHALL NOT BE LIABLE FOR (A) SERVICE IMPAIRMENTS CAUSED BY ACTS WITHIN THE CONTROL OF CUSTOMER, ITS EMPLOYEES, AGENTS, SUBCONTRACTORS, SUPPLIERS OR LICENSEES OR (B) INTEROPERABILITY OF SPECIFIC CUSTOMER APPLICATIONS.

Warranty and Limitation of Liability. Informatica warrants that it has full power A. Based on the information you provide through the Portal, WPS will provide the Services in a good, ▇▇▇▇▇▇▇ like and authority to license professional manner. As indicated in the Portal, you are responsible for reviewing, revising and approving the initial draft of any Material Safety Data. B. The Services, including all deliverables, shall be original and shall not infringe on any other party’s proprietary rights or grant access to the Informatica Products to Customer as applicable. THE INFORMATICA PRODUCTS AND interests. C. EXCEPT AS EXPRESSLY STATED HEREIN, WPS DISCLAIMS ALL WARRANTIES OF ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”, WITHOUT WARRANTYKIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE REQUIRED BY LAWPURPOSE, THE WITH RESPECT TO ANY DELIVERABLE HEREUNDER. D. WPS’ TOTAL LIABILITY OF INFORMATICA AND ITS LICENSORS TO CUSTOMER ARISING FROM UNDER THIS AGREEMENT, TO YOU OR ANY INFORMATICA PRODUCTS ANYONE CLAIMING ON BEHALF OF OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL THROUGH YOU IS BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE THE FEE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR FOR THE EQUIVALENT AMOUNT IN LOCAL CURRENCYPARTICULAR SERVICE DIRECTLY INVOLVED. IN NO EVENT WILL INFORMATICA EITHER YOU OR ITS LICENSORS WPS BE LIABLE FOR ANY INDIRECTINCIDENTAL, INCIDENTALCONSEQUENTIAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGESPUNITIVE DAMAGES INCLUDING, INCLUDING DAMAGES FOR WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY DAMAGE OR LOSS RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM LOSS OF DATA, PROFITS, REVENUEUSE, BUSINESS, BUSINESS INFORMATION, OR DATAANY OTHER PECUNIARY LOSS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDYDAMAGE, HOWEVER CAUSED.

Warranty and Limitation of Liability. Informatica 11.1 TRNA warrants that it has full power the Services shall be performed by TRNA in accordance with the applicable testing and authority certification standards and in a workmanlike manner by qualified personnel. TRNA and the TRNA Affiliates shall not be liable under any circumstances to license Customer or grant access any other person if (a) the Services or work products prepared in connection with the Services are not used for the intended contractual purpose; (b) any report prepared by TRNA or the TRNA Affiliates was subsequently modified without TRNA’s or, as appropriate, the TRNA Affiliates’ written consent; (c) if Customer fails to perform its obligations under these Terms; or (d) Customer did not disclose to TRNA or the TRNA Affiliates all material facts known to Customer with respect to the Informatica Products to Customer as applicable. object of the Services. 11.2 EXCEPT FOR THE INFORMATICA PRODUCTS AND ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”WARRANTIES SET FORTH HEREIN, WITHOUT WARRANTYTRNA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES BY TRNA OR ANY OF ITS AGENTS, SUBSIDIARIES, AFFILIATES OR SUBCONTRACTORS. ANY AND ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTY WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES PURPOSE, ARE EXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE REQUIRED BY LAW, EXCLUDED AND DECLINED. 11.3 THE LIABILITY OF INFORMATICA TRNA AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENTAFFILIATES, OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED THEIR EMPLOYEES, AGENTS, MANAGERIAL STAFF AND CONSTITUENT BODIES, FOR ALL DAMAGES IN CONNECTION THEREWITHWITH THIS AGREEMENT SHALL IN ALL EVENTS BE LIMITED TO THE LOWER OF: (A) A TOTAL OF ONE MILLION UNITED STATES DOLLARS ($1,000,000.00); OR (B) FIVE (5) TIMES THE VALUE OF THE SERVICE THE CLAIM IS RELATED TO. 11.4 IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANY PERSON FOR ANY INDIRECT, HOWEVER CAUSEDSPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, DOWNTIME, LOSS OR INABILITY TO USE PROPERTY OR EQUIPMENT, AND ON ANY THEORY DAMAGES OR EXPENSES DUE TO POLLUTION,, REGARDLESS OF LIABILITYFAULT WHETHER PURSUANT TO A CLAIM IN SOLE, JOINT OR CONCURRENT FAULT OR NEGLIGENCE OR IS BASED UPON CONTRACT, WARRANTY, INDEMNITY, TORT/EXTRA- CONTRACTUAL LIABILITY (INCLUDING CONTRACTNEGLIGENCE), STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA, OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING DAMAGES COULD HAVE BEEN FORESEEABLE AT THE FAILURE TIME OF THE ESSENTIAL PURPOSE OF ANY REMEDY.CONTRACTING..

Warranty and Limitation of Liability. Informatica 11.1 TRIS warrants that it has full power the Services shall be performed by TRIS in accordance with the applicable testing and authority certification standards and in a workmanlike manner by qualified personnel. TRIS and the TRIS Affiliates shall not be liable under any circumstances to license Customer or grant access any other person if (a) the Services or work products prepared in connection with the Services are not used for the intended contractual purpose; (b) any report prepared by TRIS or the TRIS Affiliates was subsequently modified without TRIS’s or, as appropriate, the TRIS Affiliates’ written consent; (c) if Customer fails to perform its obligations under these Terms; or (d) Customer did not disclose to TRIS or the TRIS Affiliates all material facts known to Customer with respect to the Informatica Products to Customer as applicable. object of the Services. 11.2 EXCEPT FOR THE INFORMATICA PRODUCTS AND ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”WARRANTIES SET FORTH HEREIN, WITHOUT WARRANTYTRIS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES BY TRIS OR ANY OF ITS AGENTS, SUBSIDIARIES, AFFILIATES OR SUBCONTRACTORS. ANY AND ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTY WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES PURPOSE, ARE EXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE REQUIRED BY LAW, EXCLUDED AND DECLINED. 11.3 THE LIABILITY OF INFORMATICA TRIS AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENTAFFILIATES, OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED THEIR EMPLOYEES, AGENTS, MANAGERIAL STAFF AND CONSTITUENT BODIES, FOR ALL DAMAGES IN CONNECTION THEREWITHWITH THIS AGREEMENT SHALL IN ALL EVENTS BE LIMITED TO THE LOWER OF: (A) A TOTAL OF ONE MILLION UNITED STATES DOLLARS ($1,000,000.00); OR (B) FIVE (5) TIMES THE VALUE OF THE SERVICE THE CLAIM IS RELATED TO. 11.4 IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANY PERSON FOR ANY INDIRECT, HOWEVER CAUSEDSPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, DOWNTIME, LOSS OR INABILITY TO USE PROPERTY OR EQUIPMENT, AND ON ANY THEORY DAMAGES OR EXPENSES DUE TO POLLUTION,, REGARDLESS OF LIABILITYFAULT WHETHER PURSUANT TO A CLAIM IN SOLE, JOINT OR CONCURRENT FAULT OR NEGLIGENCE OR IS BASED UPON CONTRACT, WARRANTY, INDEMNITY, TORT/EXTRA- CONTRACTUAL LIABILITY (INCLUDING CONTRACTNEGLIGENCE), STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA, OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING DAMAGES COULD HAVE BEEN FORESEEABLE AT THE FAILURE TIME OF THE ESSENTIAL PURPOSE OF ANY REMEDY.CONTRACTING..

Warranty and Limitation of Liability. Informatica warrants that it has full power and authority to license or grant access to the Informatica Products to Customer as applicable. A) FOR PURPOSES OF THIS PARAGRAPH, ICS INCLUDES ANY AFFILIATED AND SUBSIDIARY COMPANIES OF ICS, ANY SUBCONTRACTORS AND SUPPLIERS OF THE INFORMATICA PRODUCTS AND ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”, WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE REQUIRED BY LAW, THE LIABILITY OF INFORMATICA AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENT, OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSEDFOREGOING, AND ON ANY THEORY THE DIRECTORS, EMPLOYEES, OFFICERS, AGENTS, SUBCONTRACTORS AND SUPPLIERS OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, ALL OF THEM. B) ICS SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF HARM TO BUSINESS, LOST PROFITS, REVENUELOST SAVINGS OR LOST REVENUES, WHETHER OR DATA, EVEN IF NOT ICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ICS SHALL NOT BE LIABLE FOR ANY DAMAGE THAT CUSTOMER MAY SUFFER ARISING OUT OF USE OF, OR INABILITY TO USE, THE FAILURE SERVICES OR PRODUCTS PROVIDED HEREUNDER. C) ICS SHALL NOT HAVE ANY LIABILITY FOR DAMAGES OR DELAYS DUE TO FIRE, EXPLOSION, LIGHTNING, POWER SURGES OR FAILURES, STRIKES OR LABOR DISPUTES, WATER, ACTS OF GOD, THE ESSENTIAL PURPOSE ELEMENTS, WAR, CIVIL DISTURBANCES, ACTS OF ANY REMEDYCIVIL OR MILITARY AUTHORITIES OR THE PUBLIC ENEMY, INABILITY TO SECURE PRODUCTS OR TRANSPORTATION FACILITIES, FUEL OR ENERGY SHORTAGES, ACTS OR OMISSIONS OF COMMUNICATIONS CARRIERS, OR OTHER CAUSES BEYOND ITS CONTROL.

Warranty and Limitation of Liability. Informatica warrants a. Micronics will perform Services in a professional and workmanlike manner, and will make all reasonable efforts to ensure the reliability and proper functionality of the Services and Deliverables. Micronics disclaims all other warranties. Client sole recourse is to retain Micronics as necessary, under the terms of this Agreement, to cure any defects or deficiencies that it has full power and authority to license may perceive in the Services or grant access to the Informatica Products to Customer as applicable. THE INFORMATICA PRODUCTS Deliverables. b. EXCEPT AS PROVIDED IN THIS SECTION 6, MICRONICS DOES NOT MAKE, AND ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”SPECIFICALLY EXCLUDES AND DISCLAIMS ALL OTHER WARRANTIES, WITHOUT WARRANTYWHETHER EXPRESS, EXPRESS OR IMPLIED, OR ARISING BY TRADE USAGE OR COURSE OF DEALING, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE REQUIRED BY LAWPURPOSE, THE LIABILITY OF INFORMATICA AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENTTITLE, OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSEDNONINFRINGEMENT, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. IMPLIED INDEMNITIES. c. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS MICRONICS BE LIABLE FOR ANY INDIRECT, INCIDENTALCONSEQUENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, AND LOSS OF PROFITSBUSINESS INFORMATION) ARISING OUT OF THE USE, REVENUE, INABILITY TO USE OR DATAFAILURE OF THE SERVICES OR DELIVERABLES, EVEN IF MICRONICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS IN NO EVENT WILL APPLY NOTWITHSTANDING THE LIABILITY OF MICRONICS (1) UNDER ANY PROVISION OF THIS AGREEMENT, (2) FOR ANY DAMAGES CAUSED BY A DEFECT OR FAILURE OF DELIVERABLES, OR (3) AS DETERMINED BY A COURT OF PROPER JURISDICTION HOLDING ANY OF THE ESSENTIAL PURPOSE ABOVE WARRANTIES OR DISCLAIMERS OF ANY REMEDYWARRANTIES INADEQUATE OR INVALID, EXCEED THE AMOUNT ACTUALLY PAID BY CLIENT TO MICRONICS UNDER THE APPLICABLE PROJECT DEVELOPMENT PLAN. AMOUNTS PAID BY CLIENT TO MICRONICS UNDER SEPARATE STATEMENTS OF WORK WILL NOT BE AGGREGATED TO ENLARGE OR EXTEND THIS LIMIT.