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OM <br /> • SOFTWARE AS A SERVICE SUBSCRIPTION <br /> • • • <br /> FRACTA <br /> 9. OWNERSHIP <br /> 9.1 The System. Fracta owns all right, title and interest and all intellectual property rights in the <br /> System. Fracta will also own any suggestions,enhancement requests, feedback or <br /> recommendations relating to the System that are provided by Customer or User. <br /> 9.2 Customer Data. Customer warrants that it either owns all right,title and interest in the <br /> Customer Data,or has a license or other legal right to use the Customer Data in the System, <br /> including the right to license the use of the Customer Data to Fracta as provided in this <br /> Agreement. <br /> 9.3 Fracta Use of Customer Data.Customer grants to Fracta a nonexclusive, nontransferable <br /> (except in connection with a permitted assignment as set forth below), non-sublicensable <br /> license to store, use, copy,transmit, modify and display the Customer Data solely(1)to <br /> process the data on Customer's behalf, (2)to improve the System, and (3)to improve <br /> Fracta's analytical model or algorithms. Customer understands that due to the nature of the <br /> machine learning process, exposure to the Customer Data will inherently improve the <br /> System and Fracta's analytical model and algorithms. <br /> 10. DISCLAIMERS <br /> All forms of non-destructive testing involve an inherent and unavoidable level of uncertainty.The <br /> results provided by Fracta are therefore not guaranteed.The methods used for leak detection and <br /> pipe condition assessment are highly dependent on input parameters.As a result, Fracta is not <br /> responsible for any actions taken by Customer based on the System or on Fracta's recommendations. <br /> EXCEPT FOR THE LIMITED ERROR CORRECTION WARRANTY PROVIDED IN THIS AGREEMENT, <br /> FRACTA MAKES NO WARRANTY OF ANY KIND,WHETHER EXPRESS, IMPLIED, STATUTORY, OR <br /> OTHERWISE, RELATING TO THE SYSTEM,OR TO FRACTA'S SERVICES. FRACTA SPECIFICALLY <br /> DISCLAIMS ALL IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR <br /> PURPOSE,TITLE AND NONINFRINGEMENT. FRACTA DOES NOT WARRANT OR REPRESENT THAT THE <br /> SYSTEM WILL BE FREE FROM ERRORS OR THAT ITS USE WILL BE UNINTERRUPTED, OR MAKE ANY <br /> OTHER REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SYSTEM IN <br /> TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.THESE DISCLAIMERS SHALL APPLY <br /> NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED <br /> HEREIN. <br /> 11. Exclusion of Certain Damages <br /> FRACTA WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR <br /> RELIANCE DAMAGES, INCLUDING ANY DAMAGES DUE TO LOST OR CORRUPTED DATA,ARISING <br /> FROM OR RELATING TO THIS AGREEMENT OR THE SYSTEM, EVEN IF FRACTA KNEW OR SHOULD <br /> HAVE KNOWN OF THE POSSIBILITY OF, OR COULD REASONABLY HAVE PREVENTED, SUCH <br /> DAMAGES. <br /> WITH THE EXCEPTION OF CUSTOMER'S OBLIGATION TO PAY FEES, EACH PARTY'S TOTAL <br /> CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT OR THE SYSTEM, <br /> WHETHER IN CONTRACT OR TORT OR OTHERWISE,WILL NOT EXCEED THE AMOUNT OF FEES PAID <br /> OR PAYABLE TO FRACTA BY CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT <br /> THAT GAVE RISE TO THE LIABILITY.THIS LIMITATION OF DAMAGES SHALL BE GIVEN FULL EFFECT <br /> Fracta Confidential Page 7 of 12 December 4,2019 <br />