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t PLURALSIGHT trespass or in any manner contravene or breach or constitute the unauthorized use or misappropriation of any intellectual property of any third party; and (c) it will make commercially reasonable efforts to ensure that the Platform is available 99.0%of the time during the Term of this Agreement. 6.2. Non-Pluralsight Products. If Customer installs or enables Non-Pluralsight Products for use with Platform provided by Pluralsight hereunder, Customer acknowledges that providers of those Non-Pluralsight Products may have access to Customer Data in connection with the interoperation of the Platform. Pluralsight will not be responsible for any use,disclosure, modification or deletion of Customer Data while accessed or transmitted through such Non- Pluralsight Products. 6.3. DISCLAIMER. Except as otherwise stated herein, Pluralsight is not liable for any loss or injury of Customer or its Users arising out of or caused,in whole or in part,by(i)Customer's or its Users'use or application of the knowledge gained from Platform or the Services, (ii) any computer virus not originating from the Platform, or (iii) any unauthorized use of the Platform by Customer or by any of its Users as described in this Agreement. EXCEPT AS OTHERWISE INDICATED, THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.THE ENTIRE RISK AS TO THE QUALITY,ACCURACY,ADEQUACY,COMPLETENESS,CURRENCY, CORRECTNESS, OR VALIDITY OF ANY INFORMATION, SOFTWARE, MATERIAL OR CONTENT PROVIDED BY OR THROUGH THE PLATFORM RESTS WITH THE USER. 6.4. Functionality. Pluralsight does not warrant that the content or functions of the Platform will meet Customer's requirements or that the operation of the Platform will be uninterrupted or error free. The Platform (including without limitation its blogs and any interactive features) may include content provided by third parties, including materials provided by other users, bloggers, or third-party licensors, syndicators, aggregators, and reporting services.All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Pluralsight, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Pluralsight. Pluralsight is not responsible or liable to Customer, its Users, or any third party,for the content or accuracy of any materials provided by any third parties. 7. Data Protection. Pluralsight has implemented appropriate technical and organizational measures designed to: (i) ensure the security and integrity of personal data; (ii)protect against threats or hazards to the security or integrity of personal data; and (iii) prevent unauthorized access to personal data, as set forth in the Security Measures attached hereto, as may be updated from time to time, provided that the controls set forth therein will not materially diminish during the Term.Pluralsight is self-certified to the EU-U.S.Privacy Shield Framework maintained by the U.S. Department of Commerce ("Privacy Shield") and will remain certified for the Term provided that the Privacy Shield continues to be recognized by the European Commission as a legitimate basis for the transfer of personal data to an entity located in the United States. The Data Processing Exhibit attached hereto will apply to Pluralsight's processing of personal data shared with Pluralsight by Customer. 8. Reserved. 9. Limitation of Liability 9.1. No Consequential or Indirect Damages. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE,OR CONSEQUENTIAL DAMAGES,ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.THE FOREGOING LIMITIATION OF LIABILITY SHALL NOT APPLY TO (1) PERSONAL INJURY OR DEATH RESULTING FROM PLURALSIGHT'S NEGLIGENCE; (2) FOR FRAUD;OR(3) FOR ANY OTHER MATTER FOR WHICH LIABILITY CANNOT BE EXCLUDED BY LAW. 9.2. Limitation of Liability. EXCEPT FOR INSTANCES ARISING FROM (I) A PARTY'S INDEMNIFICATION (SECTION 8) OBLIGATIONS UNDER THIS AGREEMENT, OR (II)A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF EITHER PARTY ARISING OUT OF OR RELATING TO THIS AGREEMENT Pluralsight Gov MSA V.1 Page 5 of 8 (last modified 11 February 2020)