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((RADIANT NE'TYYORKSM Enterprise Mobility — We make it happen! Warranty and Disclaimer The services described above will be performed by Radiant Networks in a professional and workmanlike manner. Radiant Networks makes no other warranties, express or implied for any service provided hereunder, and disclaims all implied warranties, including but not limited to any implied warranty of utility, merchantability or fitness for a particular purpose. Exclusion of Damages and Limitation of Liability Neither party will be liable for any indirect, special, or consequential damages (including lost revenues, increased costs, lost profits), nor shall Radiant Networks be liable for loss or damage to customer data arising out of this agreement, the services provided hereunder or the use of any materials developed by Radiant Networks assigned personnel. The Customer agrees that Radiant Networks liability hereunder for damages, regardless of the form of action, shall not exceed the charges paid by the customer for the Radiant Networks services which caused the loss. General Radiant Networks will not be responsible for any failure or delay in performance due in whole or in part to any cause beyond Radiant Networks control. All recommendations made by Radiant Networks shall be regarded as professional counsel, with all final decisions being the responsibility of the Customer. This Agreement may be amended only by an instrument in writing executed by both Radiant Networks and the Customer. No delay or failure of Radiant Networks to exercise any right or remedy will operate as a waiver thereof. This agreement supersedes all prior written and oral communications regarding the subject matter hereof. 7- Radiant Networks Services, Inc. • www.radiant- networks.com • 866- 411 -WLAN (9526)