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2.2 Limitation of Liability & Warranty Disclaimer A. Except for any warranties expressly set forth in this Master Services Agreement or a Service Attachment, the Services, products, and related equipment used or provided in connection with this agreement or any Service Attachment are not covered by any other Agile warranties of any kind; and Agile disclaims any and all warranties, either express or implied, including but not limited to, warranties of title, non -infringement, system integration, data accuracy, quiet enjoyment, merchantability, fitness for a particular purpose, or arising out of a course of dealing, usage or trade practice. No advice or information given by Agile, its affiliates or its contractors or their respective employees shall create any representation or warranty. The term "affiliate" as used hereunder shall mean, with respect to either Party, any entity controlled by in control of, or under common control of such Party. B. Customer assumes all risk and responsibility for use of all Services that involve the use of the internet. Agile has no control over content applicable or actions occurring through any Service and Agile disclaims all responsibility for such content and actions. Agile does not warrant that any Service will be uninterrupted, error -free, secure or meet Customers requirements, other than those explicitly stated in the Service Attachments(s), and Customer's remedy is limited to those defined in Paragraph C, below. In addition, Customer acknowledges and agrees that Agile's third -party service providers do not make any warranties to Customer under this Agreement, and Agile does not make any warranties on behalf of such service providers under this Agreement (including, but not limited to, any Service Attachment or Service Order),whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non -infringement, system integration, data accuracy or quiet enjoyment. C. AGILE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING, BUT NOT LIMITED TO, ANY SERVICE ATTACHMENT OR SERVICE ORDER), REGARDLESS OF WHETHER OR NOT AGILE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF AGILE FOR ANY AND ALL REASONS AND FOR ALL CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT AND ALL SERVICE ATTACHMENTS SHALL BE LIMITED TO THE LESSER OF: (1) THE FEES PAID TO AGILE UNDER THIS AGREEMENT OR THE APPLICABLE SERVICE ATTACHMENT(S) IN THE TWO (2) MONTHS PRECEDING THE DATE THAT THE CLAIM OR CAUSE OF ACTION AROSE; OR (2) AGILE'S LIMITS OF LIABILITY INSURANCE. IN NO EVENT SHALL AGILE'S AFFILIATES, CONTRACTORS OR THIRD -PARTY SERVICE PROVIDERS OR SUPPLIERS HAVE ANY LIABILITY UNDER THIS AGREEMENT (INCLUDING, BUT NOT LIMITED TO, ANY SERVICE ATTACHMENT OR SERVICE ORDER). 3. Standard Clauses 3.1 Excusable Delay/Force Majeure Except for the obligations to make payments hereunder, either Party shall be relieved of its obligations under this Agreement and any Service Attachment to the extent that its performance is delayed or prevented by a Force Majeure event. For purposes of this Page 4 Agile Master Services Agreement Terms 1011/19