One for Everything

The Licensed Technology and all other materials and information provided by SmartHoldem (the “SmartHoldem Materials”) are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. SmartHoldem and its affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the SmartHoldem Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not SmartHoldem knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, SmartHoldem and its affiliates make no warranty that (1) any of the SmartHoldem Materials will operate properly, including as integrated in any Product, (2) that the SmartHoldem Materials will meet your requirements, (3) that the operation of the SmartHoldem Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the SmartHoldem Materials can or will be corrected, (5) that the SmartHoldem Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer will approve any of your Products, or will not revoke approval of any Product for any or no reason. Any warranty against infringement that may be provided in the Uniform Code or in any other comparable statute is expressly disclaimed. SmartHoldem and its affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the SmartHoldem Materials. This paragraph will apply to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, neither SmartHoldem, its licensors, nor its or their affiliates, nor any of SmartHoldem’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the SmartHoldem Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. In no event will SmartHoldem, its licensors, nor its or their affiliates, nor any of SmartHoldem’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the SmartHoldem Materials, or the delay or inability to use or lack of functionality of the SmartHoldem Materials, even in the event of SmartHoldem’s or its affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if SmartHoldem or its affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of SmartHoldem, its licensors, its and their affiliates, and any of SmartHoldem’s service providers shall be limited to the full extent permitted by law.