IntraGrain BIN-SENSE, User Manual, Page: 37 / 39

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SERVICE. EXCEPT AS SET FORTH ABOVE, THE INTRAGRAIN SERVICE IS
PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. INTRAGRAIN
DOES NOT GIVE ANY WARRANTIES, GUARANTEES, REPRESENTATIONS
OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FUNCTIONALITY OF THE
EQUIPMENT OR THE INTRAGRAIN SERVICE, FITNESS FOR A PARTICULAR
PURPOSE (INCLUDING THE PREVENTION OF HEATED, SPOILED OR
OTHERWISE UNMARKETABLE GRAIN), ACCURACY OF DATA,
COMPLIANCE WITH ANY DESCRIPTION, OR NON-INFRINGEMENT OF
THIRD PARTY RIGHTS) WITH RESPECT TO ANY EQUIPMENT AND THE
INTRAGRAIN SERVICE AND ALL SUCH WARRANTIES ARE HEREBY
DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW.
4.5 NO WARRANTY OF SERVICE AVAILABILITY . INTRAGRAIN DOES NOT
GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AND/OR
DATA (INCLUDING, WITHOUT LIMITATION, INTRAGRAIN DATA)
AVAILABLE OR ACCESSIBLE THROUGH USE OF THE EQUIPMENT AND
THE INTRAGRAIN SERVICE NOR THAT THE INTRAGRAIN SERVICE MAY
BE PROVIDED WITHOUT INTERRUPTION OR ERROR FREE. INTRAGRAIN
DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL
REPORTED DEFECTS IN THE INTRAGRAIN SERVICE. INTRAGRAIN DOES
NOT GUARANTEE THAT THE INTRAGRAIN SERVICE AND ACCESS TO
YOUR ACCOUNT WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS OR
DELAY. SINCE THE INTRAGRAIN SERVICE MAY OR WILL BE
FACILITATED AND/OR TRANSMITTED THROUGH PUBLIC INTERNET
LINES, COMMUNICATIONS NETWORKS AND PUBLIC AND/OR PRIVATE
SWITCHED TELEPHONY NETWORK(S) (AS THE CASE MAY BE), YOU
UNDERSTAND THAT THERE MAY BE SERVICE DISRUPTIONS OR
OUTAGES.
4.6 LIABILITY EXCLUSION. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, INTRAGRAIN SHALL NOT BE LIABLE FOR ANY DIRECT
(EXCEPT AS PROVIDED IN SECTION 1.7 BELOW) INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER
OR FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF REVENUE,
LOSS OF REPUTATION OR GOODWILL, LOSS OF CONFIDENTIAL OR
OTHER INFORMATION, BUSINESS INTERRUPTION OR FOR ANY INJURY
OR LOSS OF LIFE ARISING OUT OF OR IN ANY WAY RELATED TO THE USE
OF OR INABILITY TO USE, THE EQUIPMENT OR THE INTRAGRAIN
SERVICE. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE