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gnoSMART A'ov SMARTGov Community° Subscription Agreement Community 8. DISCLAIMER OF WARRANTIES 8.1 PALADIN's SMARTGov Community may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. PALADIN may also make improvements and /or changes in SMARTGov Community at any time without notice. PALADIN will not be responsible for any damages that CLIENT may suffer arising out of use, or inability to use, SMARTGov Community. PALADIN will not be liable for unauthorized access to or alteration, theft or destruction of CLIENT's data files, programs, procedures or information through accident, fraudulent means or devices, or any other method. It is hereby acknowledged that it is CLIENT's responsibility to validate for correctness all output and reports and to protect CLIENT Data and programs from loss by routinely executing backup procedures as described in 5.2(c). CLIENT hereby waives any damages occasioned by lost or corrupt data, incorrect reports or incorrect data files resulting from a programming error, operator error, equipment or software malfunction, or from the use of third -party software. 8.2 EXCEPT AS EXPRESSLY STATED HEREIN, SMARTGOV COMMUNITY ACTUAL PROPERTY MATERIALS, INFORMATION AND OTHER ITEMS OR SERVICES PROVIDED BY PALADIN UNDER THIS AGREEMENT ARE PROVIDED TO CLIENT AND END -USERS ON AN "AS IS" 'WHERE IS' BASIS WITH NO WARRANTIES OF ANY KIND. PALADIN AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NONINFRINGEMENT AND MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PALADIN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR -FREE OR WITHOUT DELAY AND SHALL NOT BE LIABLE FOR ANY LOSS OF DATA 9. LIMITATION OF LIABILITY 9.1 LIABILITY. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE AGGREGATE LIABILITY OF PALADIN FOR DAMAGES ARISING OUT OF SMARTGov COMMUNITY AND SUPPORT SERVICES OR OTHERWISE UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, TORTIOUS CONDUCT OR ERRORS, OR OTHER DEFECTS, REPRESENTATIONS, USE OF SERVICES OR ARISING OUT OF THE FAILURE TO FURNISH OR INABILITY TO USE SERVICES, WHETHER CAUSED BY ACTS OF COMMISSION OR OMISSION, SHALL BE LIMITED TO THE AMOUNTS PAID BY CLIENT HEREUNDER FOR THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. 9.2 EXCLUSION. EXCEPT WITH RESPECT TO THE DAMAGES ARISING FROM A PARTY'S BREACH OF THE LICENSE AND /OR LICENSE RESTRICTIONS, OR CONFIDENTIALITY OBLIGATIONS OR INDEMNIFICATION OBLIGATIONS HEREUNDER, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS OR SURPLUSES OR LOST REVENUES, BUSINESS INTERRUPTION AND LOSS OF BUSINESS INFORMATION), WHETHER OR NOT CAUSED BY THE ACTS OR OMISSIONS OR NEGLIGENCE OF ITS EMPLOYEES OR AGENTS, AND REGARDLESS OF WHETHER SUCH PARTY HAS BEEN INFORMED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. 10. END -USERS CLIENT acknowledges and agrees that each End -User shall use SMARTGov Community in accordance with the terms and conditions set forth in the EULA. 11. CONFIDENTIAL INFORMATION 11.1 Disclosure and Use. The Confidential Information disclosed by either party (the 'Disclosing Party') to the other (the 'Receiving Party') constitutes the confidential and proprietary information of the Disclosing Party, and the Receiving Party agrees to maintain the confidentiality of the other's Confidential Information. The Receiving Party will treat all Confidential Information of the other in the same manner as it treats its own similar confidential or proprietary information, but in no case will the degree of care be less Page 9 Initials — Paladin Client S I B