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misappropriation of, any third party Intellectual Property Rights or other proprietary rights.
<br />6.2 DISCLAIMERS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES
<br />ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND
<br />EACH PARTY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED
<br />WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR NONINFRINGEMENT, TO
<br />THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
<br />BENDABLE, THE BENDABLE PLATFORM AND OTHER SERVICES ARE PROVIDED TO PARTICIPANT
<br />"AS IS", WITHOUT ANY REPRESENTATIONS AND WARRANTIES. BENDABLE LABS, INC. MAKES NO
<br />WARRANTY THAT BENDABLE, THE BENDABLE PLATFORM AND ANY OTHER SERVICES WILL BE
<br />UNINTERRUPTED OR ERROR -FREE. IN ADDITION, BENDABLE LABS, INC. DOES NOT MAINTAIN OR
<br />CONTROL THIRD -PARTY CONTENT AND SERVICES THAT MAY BE INTERCONNECTED WITH OR
<br />MADE AVAILABLE AS PART OF THE BENDABLE PLATFORM, AND BENDABLE LABS, INC. IS NOT
<br />RESPONSIBLE FOR THE AVAILABILITY, COMPLETENESS, TIMELINESS, FACTUAL ACCURACY, OR
<br />NON -INFRINGEMENT OF SUCH CONTENT AND SERVICES.
<br />7. Indemnification
<br />7.1 Indemnification by Participant. Participant will indemnify, defend and hold harmless BENDABLE LABS, INC.,
<br />BENDABLE LABS, INC.'s Affiliates, and each of their respective officers, directors, employees, shareholders,
<br />agents, successors and assigns (the "BENDABLE LABS, INC. Parties"), from and against any damages, liabilities,
<br />costs and expenses (including reasonable attorney's fees) arising out of any third party claim ("Claims"): (a) alleging
<br />that any Participant Data, or Participant's use (or use by an Authorized User or End User) of any of the Services,
<br />infringes or misappropriates a third party's Intellectual Property Rights, proprietary or personal rights or violates
<br />applicable law, rule or regulation; (b) arising from Participant's (or an Authorized User's or End User's) breach of
<br />this Agreement, including the Acceptable Use Policy and/or any representation or warranty herein; and/or (c) by a
<br />Third Party Provider arising from Participant (or an Authorized User or End User),
<br />8. Limitation of Liability
<br />8.1 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL
<br />BENDABLE LABS, INC.'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS
<br />AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY,
<br />EXCEED THE AMOUNTS PAID OR PAYABLE BY PARTICIPANT IN THE EIGHTEEN (18) MONTHS
<br />PRECEDING THE INCIDENT THAT GAVE RISE TO THE CLAIM.
<br />8.2 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT
<br />WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
<br />CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES TO
<br />BUSINESS REPUTATION, DATA LOSS, INTERRUPTION OF BUSINESS, LOST BUSINESS OR LOST
<br />PROFITS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES OR THIS AGREEMENT,
<br />EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
<br />8.3 Exclusions to the Limitations of Liability. Notwithstanding anything to the contrary contained herein, no limitations
<br />of liability in this Section 8 shall apply with respect to damages arising from a parry's gross negligence or intentional
<br />misconduct, or arising from Participant's obligations under Sections 5 and 7 of this Agreement.
<br />9. Term and Termination
<br />9.1 Term. This Agreement will commence on the Effective Date and will govern the relationship of BENDABLE LABS,
<br />INC, and Participant for 18 months.
<br />9.2 Termination for Convenience. Participant may request termination for convenience at any time upon thirty (30) days'
<br />prior written notice to BENDABLE LABS, INC. Participant must cease use of the applicable Services. BENDABLE
<br />LABS, INC. may terminate this Agreement for convenience at any time upon thirty (30) days' prior written notice to
<br />Participant.
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