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Spatialest Master Software and Services Agreement 8 <br /> <br />entitled to an injunction or injunctions (without the posting of any bond and without proof of actual <br />damages) to restrain such use in addition to other appropriate remedies available under applicable law. <br /> <br />5 LIMITED WARRANTY <br /> <br />5.1 Limited Warranties <br />The limited warranties for each of the Software and Services are set forth in the respective Exhibits <br />attached hereto. <br />5.2 No Other Warranty <br />SPATIALEST DOES NOT REPRESENT THAT THE SOFTWARE OR SERVICES WILL BE ERROR-FREE OR THAT THE <br />SOFTWARE OR SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR THAT ALL ERRORS IN THE <br />SOFTWARE OR SERVICES WILL BE CORRECTED. THE WARRANTIES STATED IN SECTION 5.1 ABOVE ARE THE <br />SOLE AND EXCLUSIVE WARRANTIES OFFERED BY SPATIALEST. THERE ARE NO OTHER WARRANTIES OR <br />CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, <br />FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.CUSTOMER <br />ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SOFTWARE, SERVICES, OR RESULTS ARE <br />ACCURATE OR SUFFICIENT FOR CUSTOMER’S PURPOSES. <br /> <br />6 LIMITATION OF LIABILITY <br /> <br />6.1 Consequential Damages Waiver <br />EXCEPT AS MAY ARISE OUT OF EITHER PARTY’S BREACH OF SECTION 4.1, NEITHER PARTY WILL BE LIABLE <br />TO THE OTHER OR ANY THIRD PARTY FOR LOSS OF PROFITS, OR SPECIAL, INDIRECT, INCIDENTAL, <br />CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS AND COSTS, IN CONNECTION <br />WITH THE PROVISION OF THE SOFTWARE AND SERVICES, OR THE PERFORMANCE OF ANY OTHER <br />OBLIGATIONS UNDER THIS AGREEMENT, EVEN IF IT IS AWARE OF THE POSSIBILITY OF THE OCCURRENCE <br />OF SUCH DAMAGES. <br />6.2 Limitation of Liability <br />THE TOTAL CUMULATIVE LIABILITY OF SPATIALEST TO CUSTOMER FOR ANY AND ALL CLAIMS AND <br />DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING BY STATUTE, CONTRACT, TORT OR OTHERWISE, <br />WILL NOT EXCEED THE FEES PAID BY CUSTOMER TO SPATIALEST UNDER THE SALES ORDER FOR THE <br />SOFTWARE AND SERVICES WHICH FORM THE SUBJECT OF THE CLAIM DURING THE SIX (6) MONTH PERIOD <br />IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE PROVISIONS OF THIS AGREEMENT <br />DocuSign Envelope ID: D64C7E68-26A4-4A46-BC30-54CE92CAE70D