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b) Warranty Disclaimer. TO THE GREATEST EXTENT PERMITTED BY LAW EXCEPT FORTHE EXPRESS LIMITED <br />WARRANTY SET OUT tN SECTTON 13(A), THE SERV|CES, THE SOFTWARE, THE SOFTWARE SERV|CES, THE <br />PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS OR SERVICES PROVIDED UNDER THIS <br />AGREEMENT ARE PROVIDED TO CUSTOMER 'AS IS" AND THERE ARE NO OTHER WARRANTIES, <br />REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, <br />OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY <br />OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. <br />MAIS, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING <br />THE SOFTWARE, THE SOFTWARE SERVICES, THE SERVICES, THE PROFESSIONAL SERVICES AND ANY <br />OTHER PRODUCTS, SERVICES AND MATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWTH, <br />INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, <br />DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. <br />MAIS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR THE SOFTWARE SERVICES SHALL <br />OPERATE ERROR FREE OR UNINTERRUPTED, SHALL MEET ANY OR ALL OF CUSTOMER'S PARTICULAR <br />REQUIREMENTS, THAT ALL ERRORS OR DEFECTS IN THE SERVICES OR SOFTWARE SERVICES CAN BE <br />FOUND OR CORRECTED. <br />WTHOUT LIMITING THE FOREGOING, MAIS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES <br />WHATSOEVER WTH REGARD TO PRODUCTS OR SERVTCES FROM THTRD PARTTES (|NCLUD|NG WTHOUT <br />LIMITATION THE THIRD PARTY COMPONENTS, THE HARDWARE, THE OPERATION OF THE INTERNET, <br />NETWORK OR OTHER COMMUNTCATTON SERVTCES) AND ASSUMES NO RESPONS|B|L|TY OR LtABtLtTy <br />WTH RESPECT TO THE FOREGOING OR THE APPROPRIATENESS OF YOUR DATA MANAGEMENT SYSTEM <br />OR THE ACCURACY OF DATA CONTAINED IN SUCH SYSTEM. <br />NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT <br />SHALL BE BINDING ON EITHER PARTY UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED SIGNING <br />OFFICER OF MAIS. <br />13. Limitations on Liability <br />TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER AGREES THAT THE ENTIRE <br />LIABILITY OF MAIS AND CUSTOMER'S EXCLUSIVE REMEDY WTH RESPECT TO THE SERVICES, THE SOFTWARE, <br />THE SOFTWARE SERVICES, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS, MATERIALS OR <br />SERVICES SUPPLIED BY MAIS IN CONNECTION WITH THIS AGREEMENT FOR DAMAGES FOR ANY CAUSE AND <br />REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING FUNDAMENTAL <br />BREACH OR NEGLIGENCE, SHALL BE LIMITED TO AGTUAL DIRECT DAMAGES AND SHALL NOT EXCEED IN THE <br />AGGREGATE THE ANNUAL SUBSCRIPTION FEES PAID BY CUSTOMER TO MAIS UNDER THIS AGREEMENT <br />DURING THE THEN.CURRENT TERM (AND IN NO EVENT BEING GREATER THAN 12 MONTHS} OF THE AGREEMENT <br />UP TO AND INCLUDING THE DATE OF TERMINATION. <br />CUSTOMER FURTHER AGREES THAT IN NO EVENT SHALL MAIS BE LIABLE, REGARDLESS OF THE FORM OF <br />ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING FUNDAMENTAL BREACH OR NEGLIGENCE, FOR <br />ANY INDIRECT, PUNITIVE, GONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES WHATSOEVER, <br />INCLUDING WITHOUT LIMITATION FOR LOST PROFITS, LOSS OF REVENUE, FAILURE TO REALIZE ANTICIPATED <br />SAVINGS, LOST OR DAMAGED DATA, LOSS OF GOODWILL, BUSINESS OPPORTUNITIES OR REPUTATION, OR <br />EGONOMIC LOSS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF IT HAS BEEN ADVISED <br />OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGES, OR SUCH LOSSES OR DAMAGES ARE <br />FORESEEABLE. <br />14. Change Order Process <br />\A/ith respect to any proposed changes to the Professional Services defined by this Agreement, the parties will cooperate <br />in good faith to execute Change Orders in respect thereof, and will not unreasonably withhold approval of such proposed <br />Confidential and Proprietary - Univerus lnc.Page 7 of 26