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AGREEMENT, THE SERVICE, VYVE EQUIPMENT AND VYVE MATERIALS ARE <br />PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR <br />IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON - <br />INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, <br />MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR <br />INFORMATION GIVEN BY VYVE, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR <br />RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. VYVE DOES NOT <br />REPRESENT OR WARRANT THAT THE SERVICE WILL MEET CUSTOMER'S <br />REQUIREMENTS, PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, BE <br />UNINTERRUPTED, SECURE, ERROR FREE, WITHOUT DEGRADATION OF VOICE <br />QUALITY OR LOSS OF CONTENT, DATE OR INFORMATION OR THAT ANY MINIMUM <br />TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. EXCEPT AS SET FORTH IN THIS <br />MASTER AGREEMENT, VYVE DOES NOT WARRANT THAT ANY SERVICE OR <br />EQUIPMENT PROVIDED BY VYVE WILL PERFORM AT A PARTICULAR SPEED, <br />BANDWIDTH OR THROUGHPUT RATE. IN ADDITION, CUSTOMER ACKNOWLEDGES <br />AND AGREES THAT TRANSMISSIONS OVER THE SERVICE MAY NOT BE SECURE. <br />CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY DATA, MATERIAL <br />OR TRAFFIC OF ANY KIND WHATSOEVER CARRIED, UPLOADED, DOWNLOADED OR <br />OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT <br />CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY <br />RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S OR ANY END USER'S COMPUTER <br />SYSTEM OR EQUIPMENT (INCLUDING NETWORK EQUIPMENT) OR LOSS OF SUCH <br />DATA, MATERIAL OR TRAFFIC DURING, OR THAT RESULTS FROM, CUSTOMER'S OR <br />ANY END USERS' USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, <br />CUSTOMER'S OR ANY END USERS' SENDING OR RECEIVING, OR UPLOADING OR <br />DOWNLOADING, OR ATTEMPTS TO DO SAME, OF SUCH DATA, MATERIAL OR <br />TRAFFIC. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT VYVE'S <br />THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER <br />UNDER THE MASTER AGREEMENT AND VYVE DOES NOT MAKE ANY WARRANTIES <br />ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS MASTER AGREEMENT, <br />EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES <br />OF MERCHANTABILITY, NON -INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, <br />SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT. <br />15. LIMITATION OF LIABILITY <br />IN NO EVENT SHALL VYVE BE LIABLE TO CUSTOMER, AN END USER OR ANY THIRD <br />PARTY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE <br />Page 12 of 24 <br />