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t) JuIota&
<br /> Julota®SaaS Agreement
<br /> NO AND HEREBY DISCLAIMS ALL OTHER WARRANTIES, distribute,sublicense, and/or sell copies of the software,and
<br /> REPRESENTATIONS, IMPLIED WARRANTIES OR to permit persons to whom the software is furnished to do so,
<br /> MERCHANTABILITY, WITH RESPECT TO THE USE, subject to the following conditions and notwithstanding
<br /> MISUSE, OR INABILITY TO USE THE SERVICES (IN anything to the contrary in this SaaS Agreement: the software
<br /> WHOLE OR IN PART) OR ANY OTHER PRODUCTS OR is provided "AS IS"without warranty of any kind, express or
<br /> SERVICES PROVIDED TO CUSTOMER BY JULOTA, OR implied, including but not limited to, the warranties of
<br /> OTHERWISE UNDER THESE TERMS. WITHOUT LIMITING merchantability, fitness for a particular purpose and non-
<br /> THE FOREGOING, JULOTA DOES NOT WARRANT THAT infringement, In no event shall the authors or copyright
<br /> ALL ERRORS CAN BE CORRECTED, OR THAT USE OF holders be liable for any claim, damages or other liability,
<br /> THE SERVICES WILL BE UNINTERRUPTED OR ERROR whether in an action of contract,tort or otherwise,arising from,
<br /> FREE. JULOTA DISCLAIMS ALL LIABILITY FOR ANY out of or in connection with the software or the use of other
<br /> MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR dealings in the software.
<br /> POOR USE CONDITIONS OF THE SERVICE DUE TO 12.3 Mutual Warranties. Each party represents and
<br /> INAPPROPRIATE OR DEFECTIVE EQUIPMENT, warrants that:(i)it does not have any contractual obligations
<br /> DISTURBANCES RELATED TO INTERNET SERVICE that would prevent it from entering into this SaaS Agreement;
<br /> PROVIDERS, TO THE SATURATION OF THE INTERNET and (ii) it will comply with all laws and regulations directly
<br /> NETWORK, ERROR, OMISSION, INTERRUPTION, applicable to its performance of its obligations under this SaaS
<br /> DELETION, DEFECT, DELAY IN OPERATION OR Agreement or its use of the Services.
<br /> TRANSMISSION, COMMUNICATIONS LINE FAILURE, g
<br /> THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS 13. INDEMNIFICATION. Julota shall indemnify, defend,
<br /> TO, OR ALTERATION OF, USER COMMUNICATIONS, or at its option settle,any third party claim or suit based on any
<br /> PROBLEMS RELATED TO THE SERVICES OR ITS USE, third party claim or suit based on a claim that the provision of
<br /> LOSS OF PERSONAL CONTENT, OR ANY OTHER the Services violate applicable law or that the Services
<br /> REASONS. JULOTA ALSO EXPLICITLY DISCLAIMS ANY (excluding any third party software) violate, infringe or
<br /> WARRANTIES RELATED TO BUSINESS RESULTS THAT misappropriate any United States patent,copyright,trademark
<br /> MAY BE OBTAINED BY USE OF THE SERVICES AND or trade secret and Julota shall pay any final judgment entered
<br /> SPECIFICALLY STATES NO SUCH REPRESENTATIONS against Customer in any such proceeding or agreed to in
<br /> ARE OR HAVE BEEN MADE TO CUSTOMER. CUSTOMER settlement;provided(i)Julota is promptly notified in writing of
<br /> WILL BE SOLELY RESPONSIBLE FOR(I) ESTABLISHING such claim or suit,(ii)Julota or its designee has sole control of
<br /> AND MAINTAINING AN INTERNET CONNECTION such defense or settlement, and (iii) Customer gives all
<br /> SUFFICIENT FOR THE SERVICES TO FUNCTION information and assistance requested by Julota or such
<br /> PROPERLY, (II) THE CONTENT AND EFFICACY OF ALL designee. To the extent that use of the Services is enjoined,
<br /> MARKETING INITIATIVES, AND (III) FULFILLING ALL ITS Julota may at its option either (a) procure for Customer the
<br /> OBLIGATIONS TO HELP SEEKERS IN CONNECTION WITH right to use the Services, (b)replace the Services with other
<br /> THE USE OF THE SERVICES. CUSTOMER WILL FOLLOW suitable products, or (c) refund the prepaid portion of the
<br /> PROPER BACK-UP PROCEDURES FOR ANY OTHER Fee(s)paid by Customer for the Services or the affected part
<br /> PROGRAMMING AND ALL DATA TO PROTECT AGAINST thereof. Julota shall have no liability under this Section 13 or
<br /> LOSS OR ERROR RESULTING FROM THE USE OF ANY otherwise to the extent a claim or suit is based upon(1)use of
<br /> EQUIPMENT OR THE SERVICES. CUSTOMER AGREES the Services in combination with software or hardware not
<br /> THAT JULOTA AND THE PLATFORM AND SERVICES DO provided by Julota if infringement would have been avoided in
<br /> NOT MAKE CLINICAL, MEDICAL OR OTHER DECISIONS the absence of such combination, (2) modifications to the
<br /> OR RECOMMEND, ENDORSE OR MAKE ANY MEDICAL, Services not made by Julota,if infringement would have been
<br /> CLINICAL OR RELATED REPRESENTATIONS OR avoided by the absence of such modifications, or(3) use of
<br /> WARRANTIES. CUSTOMER ASSUMES ALL any version other than a current release of the Services, if
<br /> RESPONSIBILITY IN CONNECTION WITH DISCLOSING infringement would have been avoided by use of a current
<br /> CUSTOMER DATA ON THE PLATFORM. release.
<br /> 12.2 Open Source.Parts of the software for the Services THIS SECTION 13 STATES JULOTA'S ENTIRE LIABILITY
<br /> may be subject to the GPL(General Public License)for open AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR
<br /> source software, and all warranties are disclaimed for such VIOLATION, INFRINGEMENT AND MISAPPROPRIATION
<br /> parts by the Free Software Foundation, Inc. See the GNU CLAIMS BASED ON THE SERVICES.
<br /> General Public License for more details. Similarly, parts of
<br /> such software may be subject to the MIT License for open 14. LIMITATION OF LIABILITY.
<br /> source software,and therefore,the following restrictions: MIT
<br /> grants permission, free of charge to any person obtaining a 14.1 Limitation on Direct Damages. EXCEPT AS IT
<br /> copy of the software and associated documentation files, to RELATES TO JULOTA'S INDEMNIFICATION
<br /> deal in the software without restriction, including without OBLIGATIONS, IN NO EVENT SHALL JULOTA'S
<br /> limitation the rights to use, copy, modify, merge, publish, AGGREGATE LIABILITY, IF ANY,ARISING OUT OF OR IN
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