Datto Unified Backup Terms of Use

Datto Unified Backup Terms ofUse

Updated as of October 29, 2024

These Datto Unified Backup Terms of Use ("Terms")govern your use of the following products:

• SIRIS

• ALTO

• Datto NAS

• Datto File Protection

• Datto Workplace

• Datto Backup for Microsoft Azure

• Datto Endpoint Backup with Disaster Recovery

• Datto Endpoint Backup

• Datto Endpoint Backup for PCs

(collectively, “Products“). For clarity, the Products include theKaseya Services related to the Products. By purchasing or using the
Products, you agree to be bound by these Terms, which are incorporated into the
Kaseya Master Agreement available at https://www.kaseya.com/legal/kaseya-master-agreement/
(the “Master Agreement”). Capitalized terms not defined in these Termshave the meaning given to them in the Master Agreement. The Terms and the
Master Agreement are collectively referred to as the “Agreement”). Certain Products have additional terms specific to those Products, which
can be found at the end of these Terms (“Product Specific Terms”). If the Master Agreement and these Terms conflict, these Terms will take
precedence with respect to the Products. If you do not agree to these Terms, do
not register, access or use any of the Products.

1. USE OF PRODUCTS

a. Right to Use. Subject to your compliance with the Agreement and thereceipt by us of all fees applicable to the Product, Kaseya grants you a
limited, revocable, non-sublicensable, non-exclusive right and license to
access and use the Product in accordance with the Product Documentation. If
your use of the Product involves the use of agent Software, you hereby agree to
the terms of all applicable agent Software licenses.

b. Third Party Technology/License Terms. - Certain Products may involveor allow for the use of third party technology, which is subject to such third
parties’ terms. The terms of certain such third parties are located under the
heading “BCDR Third Party Terms” on the Online Portal. You agree that your use
of a Product is deemed your express consent to all such applicable BCDR Third
Party Terms.

c. End User Terms. If you use or manage a Product on behalf ofanother entity (a “Client”), if you resell a Product to another entity, or if
you authorize a Client to directly use or support a Product, you must ensure
that the Client or customer agrees to an enforceable contract between you and
the End User that has terms with the same substantive rights and obligations as
the End User Terms attached as Exhibit A hereto.

d. Cloud Virtualization and Fair Use Allotments for certain Products.

• Cloud Virtualization: Certain Products provide customers with theability to compute from the Datto Cloud during virtualizations (“Cloud
Virtualization”). Cloud Virtualization is intended for emergency periods
and DR preparedness testing only, and not as a non-emergency production
environment. Accordingly, Kaseya reserves the right to disable Cloud
Virtualizations that extend beyond the term of a documented business continuity
event or a limited testing period.

• General Fair Use: All access and use of BCDR Products are subject tothe Fair Use policies set forth in the Master Agreement, which prohibit use
that: (i) results in excessive bandwidth or storage; (ii) harms the Product,
networks or other resources; and/or (iii) circumvents the intended use of the
Product.

• Products with Fair Use Allotments: Service Subscriptions of DattoEndpoint Backup require the purchase of additional storage beyond Fair Use
allotments (which may vary based on your Order). Please review the
Product Specific Terms for Datto Endpoint Backup in Section 6, below for the
limits applicable to that Product.

2. SERVICE SUBSCRIPTIONS

a. Service Subscription Required. All rights to use the Products areconditioned upon enrollment in a valid Service Subscription for which we
receive timely payment. A Service Subscription includes a Retention
Schedule, Committed Service Term and License count. Service Subscriptions
include applicable Licenses to the technology needed to perform the core
functions of the applicable Product and access to Technical Support.

b. Registration of Product. You are required to register each Productwith us in order to use the Products. During registration, you agree to provide
accurate and complete information, and you further agree to promptly update
this information should it change. If a Product is not properly registered in a
current, paid Service Subscription we have no obligation to allow access to or
use of the Product, nor to provide any related Services.

c. Retention Schedules. With respect to most Products, you willpurchase a specific Retention Schedule along with your Service Subscription,
which governs the frequency of backups, pruning, and period of retention.
Details regarding Retention Schedules change over time and vary depending
on the Product. Such details are described in Section 4 (below) and/or in
the Product Documentation.

d. Committed Service Term. The Committed Service Term of a ServiceSubscription is indicated on the applicable Order and is for a defined number
of consecutive months. Committed Service Term options vary by Product and
not all options are available for all Products.

e. Automatic Renewals and Cancellation of Services. ServiceSubscriptions on SIRIS, ALTO and Datto NAS Products that are not on a
month-to-month term will automatically renew for subsequent Committed Service
Terms of 12 months. All other Products described herein will
automatically renew for subsequent Committed Service Terms equal in length to
the expiring Committed Service Term. You may cancel and avoid automatic
renewal (or change the length of the Committed Service Term, even moving to
month-to-month if available) by providing written notice to Kaseya at least
thirty (30) days prior to the end of the current Committed Service Term.
Committed Service Terms will continue until affirmatively cancelled by you and
incur Service Subscription fees, even if it has no remaining enrolled Protected
Systems, or is otherwise no longer taking backups.

f. Cloud Virtualization. Not all Products provide for CloudVirtualization; if this feature is important to you, please ensure that the
Product you are purchasing has Cloud Virtualization before purchase. For
example, Datto Endpoint Backup with Disaster Recovery provides for Cloud
Virtualization, whereas Datto Endpoint Backup does not. You will not be
eligible to upgrade to a Product with Cloud Virtualization during a disaster
scenario or otherwise after your purchase.

g. Round Trips and Reverse Round Trips. RoundTrip service is usedto expedite the replication of large data sets from a local Datto device to the
Datto Cloud for certain Products. Reverse RoundTrip service is fee-based
and used to retrieve large data sets from the Datto Cloud. These services
involve the use of physical storage devices supplied by Kaseya or you. You are
responsible to pay the cost of any RoundTrip storage device provided by Kaseya
if it is damaged or lost in your custody or during shipments, or if you fail to
return it. RoundTrip and Reverse RoundTrip services are subject to
Kaseya’s standard procedures and terms, which can be found in the Product
Documentation, and may not be available for all Products.

h. Upgrades. Kaseya typically allows you to purchase a new deviceand return an existing device in the form of an Upgrade. If you are
interested in an Upgrade, please contact your Kaseya Account Manager for any
available Upgrade paths for your device, and consult the Product Documentation
to learn more about Upgrade options. Should you proceed with an Upgrade,
Kaseya’s standard Upgrade procedures and terms must be followed.

3. PAYMENTS AND BILLING

a. Billing and Invoicing. Service Subscription Fees for a Productare set forth on the applicable Order. Unless annual prepayment is made,
such fees are due and payable upon invoice receipt commencing on the first day
of the month following the Activation Date, and are billed monthly in advance
on the first day of the following months through the Committed Service Term. In
the first month following the Activation Date, additional charges may be due
covering the partial month period from the Activation Date through the end of
that month. A Service Subscription ends on the last day of a calendar
month. Certain Products allow for the prepayment of a Service
Subscription. If a prepaid Service Subscription terminates prior to the end of
the Committed Service Term, no refund for unused Service will be given.

b. Committed Service Terms. A Committed Service Term will commenceon the first of the month following the “Activation Date” or “Effective Date”
of the Service Subscription, which is listed on the applicable Order. If
any Service Subscription includes an initial period with no charge or reduced
charge, the first Committed Service Term will be extended automatically by the
length of such period, but later, renewal Committed Service Terms will not be
extended. You agree to pay Service Subscription fees for the entire
Committed Service Term. If you terminate a Subscription at any time during a
Committed Service Term, a lump sum payment (equal to 100% of the monthly unpaid
Service Subscription fee multiplied by the number of months remaining in the
Committed Service Term less any amounts already prepaid) will be due
immediately and charged to your preferred payment method.

4. RETENTION SCHEDULES AND TERMINATION

a. Local and Cloud Backups and Retention Schedules. CertainProducts may retain backups on a local device and/or in the Cloud. Data
associated with Products that provide for Cloud backup will be retained as
specified by the Retention Schedule that you purchase for as long as the
Product is under an active Service Subscription. Retention on local
devices are set and controlled by you; it is your obligation to understand how
retention works, including the pruning schedules that are associated with each
Retention Schedule.

b. Examples of Retention Schedules. Depending on the Productpurchased, available Retention Schedules may include the following.
Details of the different Retention Schedules available to you are set
forth in the Product Documentation and must be consulted to understand the
manner in which backups are “rolled-up” from intra-dailies to weeklies and then
to monthly backups, and are “pruned.”

Retention Schedules

Description

1-Year Cloud Retention

(also known as 1 Year Time Based Retention)

Incremental data backups are retained for one year on a rolling basis, with the oldest
backups deleted after one year.

Automatic consolidation/roll-ups of incremental backup recovery points is applied on a
rolling basis.

_____________________________

_______________________________________________________________________________________________

7-Year Cloud Retention

(also known as 7 Year Time Based Retention)

Incremental data backups are retained for seven years on a rolling basis, with the oldest
backups deleted after the seventh year.

Automatic consolidation/roll-ups of incremental backup recovery points is applied on a
rolling basis.

__________________________

____________________________________________________________________________________________________

Infinite Cloud Retention

Incremental data backups are retained for an indefinite period of time for as long as the
subscription is current.

Automatic consolidation/roll-ups of backup recovery points is applied on a rolling
basis.

__________________________

________________________________________________________________________________________________________

Capacity Based Storage

(previously known as Total Cloud Retention)

This is a legacy option (no longer available for purchase) that allows you to set your
own retention schedule,

subject to a pre-defined amount of Datto Cloud storage. Use in excess of the
allotment is subject to additional fees.

______________________________________

____________________________________________________________________________________________________

Customizable Retention

(if available for the applicable Product)

Incremental backups are retained by default for one year on a rolling basis.
However, this period of retention

is configurable on a per agent basis both at the time of initial deployment and
subsequently within the Product platform.

Automatic consolidation/roll-ups of incremental backup recovery points is applied on a
rolling basis.

c. Retention of Data After Termination. If a Service Subscriptionterminates, Kaseya reserves the right to delete the backups in the Datto Cloud
associated with the terminated Service Subscription as set forth in the
following table. It is your responsibility to export or retrieve a copy of any
of your backups in a timely manner.

Product Type

Retention Period After Termination

• Datto Backup for Microsoft Azure

30 days, provided that if the Protected System is removed from the Service
Subscription,

then there is no retention, and export must be done prior to removal.

____________________

_____________________________________________________________________________________________________________________________________________

• Datto Endpoint Backup for PCs

• Datto Endpoint Backup

No Retention. Export must be done prior to termination.

___________________

___________________________________________________________________________________________________________________________________________

• Datto Workplace,

• Datto File Protection,

• SIRIS,

• ALTO,

• Datto NAS,

• Datto Endpoint Backup with Disaster Recovery.

60 Days.

d. Return of Hardware. If Kaseya provided you with hardware foruse under a subscription model where there is no additional charge for the
hardware, you must return the hardware within thirty (30) days after the end of
the Service Subscription. For Subscriptions of 12 months or more, if you
wish to renew your Service Subscription, please speak to your Kaseya Account
Manager about either continued use of your current hardware during the new
Committed Service Term, or replacing it with new hardware. It isyour obligation to remove all data from hardware before returning it. Pleasecontact Kaseya Technical Support to start the return process when needed; you
must follow Kaseya’s standard return guidelines. Should you fail to
return hardware when required, Kaseya will invoice you (and you agree to pay)
the then-current, non-discounted purchase price of new hardware of the same
type or, if such hardware is no longer offered by Kaseya, the last
non-discounted price of such hardware.

5. WARRANTY

a. Standard Limited Hardware Warranty for SIRIS, ALTO and Datto NAS. Newly purchased SIRIS, ALTO or Datto NAS hardware is warranted against
defects in materials and workmanship under normal use, handling and
installation for the warranty period stated in the table below, which starts on
the date the hardware is shipped to you. For hardware that is in-warranty and
found by Kaseya to be defective, Kaseya's warranty obligations are limited to,
at Kaseya’s option, either: (i) repairing the device using new or refurbished
parts that are equivalent to new in performance and reliability; (ii) replacing
the device with one that is new or formed from new and/or refurbished parts
that are equivalent to new in performance and reliability; or (iii) issuing a
credit for the device. To be eligible for warranty service, a device must be
continuously enrolled in an active Service Subscription throughout the warranty
period, for which payment is current. Kaseya’s warranty does not extend to or
include Software included with the associated device. All warranty claims must
be received by Kaseya within the applicable warranty period.

Device Hardware Type

Warranty Period

Siris 5 NVMe SSD Models

Subscription Lifetime*

________________________________________________________________

__________________________________________________________

SIRIS 3, SIRIS 4, SIRIS 5, Datto NAS 3 and later NAS generations

5 Years

_______________________________________________________________

__________________________________________________________

ALTO and all other Devices

3 Years

*Lifetime warranty ends upon the earlier of: (a) the termination of theService Subscription or; (b) the product model End of Life date.

b. Exclusions from Warranty. Kaseya’s hardware warranty does not coverdevice defects or failures resulting from 1) accident, neglect or abuse; 2)
improper installation or maintenance; or 3) modifications, repairs,
improvements, installation of third party software, or other changes to the
hardware or software components of the device that have not been authorized in
writing by Kaseya. You are responsible for any costs related to the foregoing
exclusions.

c. Warranty on Repair/Replacement Devices. A replacement devicewill continue to be under warranty for a period equal to the greater of (i) the
balance of the existing warranty period for the original device; or (ii) sixty
(60) days.

d. Warranty Returns. You will be required to follow Kaseya’sstandard RMA guidelines on packaging and shipping when returning defective
Product for replacement or repair. An RMA may be commenced by contacting
Technical Support. To avoid inadvertent data loss, please note that wewill not automatically cancel a Service Subscription on a hardware device that
has been authorized for return. Instead, we will terminate the ServiceSubscription as of the last day of the month we receive a returned device. If
you do not return a device to us that is being replaced (for warranty, upgrade,
or any other reason), billing will continue on the device until you cancel the
Service Subscription.

e. Limit on Warranty. THIS WARRANTY IS THE SOLE AND EXCLUSIVEWARRANTY GIVEN BY KASEYA AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS
HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

6. PRODUCT SPECIFIC TERMS.

a. Datto Backup for Microsoft Azure

i. Description of Product and Use. Datto Backup for MicrosoftAzure protects Content associated with applications running on Microsoft Azure
virtual machines controlled by you or your Client (each a “Protected System”).
Protected System(s) are designated by you when you register the Product.
You or your Client (and not Kaseya), are responsible for each Protected
System environment, including its access, security, rights, structure,
configuration and all charges applicable to use of the Protected System.

ii. Special Subscription Considerations for Datto Backup for MicrosoftAzure. All Protected Systems in a Datto Backup for Microsoft Azure
Service Subscription must have the same Committed Service Term and Retention
Schedule, and must be located in the same Azure region.

iii. Access to Protected Systems. You must maintain authorizationand access to the Protected Systems so that Kaseya is regularly able to access
it for purposes of providing the Product. We may not be able to capture backups
and/or Content held in our Product platform may not be available or restorable
if the Protected System becomes unavailable to us for any reason such as, for
example, our access authority to a Protected System is changed or otherwise
restricted due to changes in the Protected System provider’s API, permissions
or access guidelines.

b. Datto Workplace

i. How Datto Workplace is Organized and Charged. WorkplaceManager is a web portal that allows you to provision and manage Datto Workplace
for your Clients. Datto Workplace Clients are organized into Teams.
User Licenses, Server Licenses and storage are allocated to Teams.
Actual usage is calculated by adding allocated Licenses and storage to
active Teams in your Workplace Manager portal (“Actual Usage”). You will be billed monthly at the greater of Actual Usage or the number
of Licenses designated in your Service Subscription for a Committed Service
Term.

ii. Service Plans. Each Team is configured under an availableService Plan. Full details and features of available Service Plans are
set forth in the Product Documentation and may include plans that are unlimited
or metered. You are responsible for creating, managing and deleting Teams
in your Workplace Manager account, using permissions and security levels as
available. You, and not Kaseya, are responsible for supporting your Teams and
Clients.

iii. End user Terms. End User Terms for Datto Workplace aremade available at time of registration of the individual users.

c. Datto Endpoint Backup

i. Differentiating the Products. There are several Productswith “Datto Endpoint Backup” in the title, and each has discreet functionality.
Please be aware of these differences when purchasing the Products.
Please note that Datto Endpoint Backup with Disaster Recovery allows for
Cloud Virtualization and failback, as well as the ability to compute from the
Datto Cloud. Datto Endpoint Backup does not provide forCloud Virtualization. For more information about additional differences
between Datto Endpoint Backup and Datto Endpoint Backup with Disaster Recovery
consult the Product Documentation.

ii. Pooled Storage, Fair use and Excess Storage. Licenses forDatto Endpoint Backup are purchased with a certain amount of “Fair Use”Datto Cloud storage included, which is pooled across all licenses (a “StoragePool”). For example, if you purchase 100 Datto Endpoint BackupLicenses, each with a Fair Use amount of 250GB of Datto Cloud storage included,
you have a Storage Pool of 25,000GB of Datto Cloud Storage.

• You can expand your Fair Use allotment by purchasing additional DattoCloud storage. You pay for the additional Cloud storage monthly in
advance throughout the Committed Service Term, regardless of whether it is
used. The Fair Use allotment purchased may not be decreased during a
Committed Service Term.

• If you exceed your Fair Use allotment (in the above example, if youexceed 25,000GB of Datto Cloud Storage at any time during the month), you will
automatically be charged for “Excess Storage,” billed at thethen-current rates, but monthly in arrears. If in later months you fall
back within your Fair Use allotment (in the above example, you drop below
25,000GB), you will not be charged for Excess Storage during such months.

Exhibit A

Datto Unified Backup End-User Terms

These End User Terms ("Terms"), including any Exhibits,apply to you as the person or entity that owns, licenses, or lawfully controls
the data, files or other content (“Content”) with which a Datto UnifiedBackup product (“Product”) will be used. Kaseya does not provide theProduct directly to you. The Product is sold and provided by Kaseya US, LLC (in
the United States) or one of its affiliates outside of the United States (“Kaseya”)directly to the reseller/managed service provider (“Administrator”) whowill (a) use and manage the Product on your behalf with your Content; and who
may also (b) authorize you to access, use or manage the Product yourself,
either through the Product interface or through a portal account, in which case
you will be considered an additional authorized Administrator of the Product.

1. RIGHTS TO THE PRODUCT

You acknowledge that Kaseya and its licensors own all intellectualproperty rights in and to the Product. You will not engage in or authorize any
activity that is inconsistent with such ownership. The Product may
involve the use of third party technology licensed by Kaseya, the use of which
is subject to such third parties’ license or other end user customer terms.

2. KASEYA’s RIGHTS AND RESPONSIBILITIES REGARDING CONTENT

a. Kaseya’s Use of Content. Kaseya will use Content only as necessary toprovide and support the Product and will not otherwise access Content other
than as permitted herein, as described in the Kaseya Privacy Statement that can
be viewed at https://www.kaseya.com/legal/kaseya-privacy-statement/, or as
authorized by an Administrator for support.

b. Kaseya’s Rights. In the event that Kaseya reasonably believesContent or ruse of a Product use violates these terms, may disrupt or threaten
the operation or security of any computer, network, system or the Product, or
may otherwise subject Kaseya to liability, Kaseya reserves the right to refuse
or disable access to the Product or Content. Kaseya may also take such action
pursuant to the Digital Millennium Copyright Act and/or as required to comply
with law or any judicial, regulatory or other governmental order or request.
Kaseya will use reasonable efforts to contact the Administrator prior to taking
such action. Notwithstanding the foregoing, Kaseya may restrict access to any
Product or Content without prior notice as required to comply with law or any
judicial, regulatory or other governmental order or request, or to avoid damage
or loss to Kaseya or others. In the event that Kaseya takes any such action
without prior notice, Kaseya will provide notice to the Administrator, unless
prohibited by law.

c. Use of Aggregate Data. Notwithstanding anything to the contraryin these Terms or elsewhere, Kaseya may evaluate and process use of the Product
in an aggregate and anonymous manner, meaning in such a way that the individual
is not or no longer identified or identifiable, and compile statistical and
performance information related thereto (referred to as “Aggregate Data”).Kaseya may use, process and share such Aggregate Data with third parties to
improve the Products, develop new products, understand and/or analyze use,
demand, and general industry trends, develop and publish white papers, reports,
and databases summarizing the foregoing, and generally for any lawful purpose
related to Kaseya’s business. Kaseya retains all intellectual property rights
in Aggregate Data. Again, for clarity, Aggregate Data does not include any
personally identifiable information nor identify any End User or individual.

c. Right to Change Products. Kaseya may make changes to itsProducts through updates and upgrades that offer new features, functionality,
and efficiencies ("Enhancements"). Kaseya reserves the rightto add new Products and Enhancements and to replace or discontinue Products or
Enhancements at any time.

d. Right to Interact with Products. You agree that Kaseya may and youhereby authorize Kaseya to interact remotely with any deployed Product in order
to test, troubleshoot, update, analyze use of or modify the Product or the
environment in which it operates.

3. ADMINISTRATOR

a. Kaseya’s Relationship with Administrators. Kaseya willinteract with the Administrator(s) you appoint to operate and manage use of the
Product with your Content. You expressly agree that Kaseya may rely on the
instructions and authorization of the Administrator with respect to use and
support of the Product and access and control of your Content. You are
not a third party beneficiary of any agreement between Kaseya and an
Administrator. An Administrator is not an agent of Kaseya and is not
authorized to make any representations or warranties on behalf of Kaseya
regarding the Product or its use.

b. Your Relationship With Administrators. You areresponsible for instructing and authorizing the Administrator with respect to
use of the Product including backup settings, management, retention and
deletion of Content, and transition of Product or Content to a different
Administrator, and transition assistance and cooperation upon termination or
expiration of any relationship between or among Administrator, you and/or
Kaseya.

4. YOUR DIRECT USE OF A PRODUCT

If the Administrator authorizes you to access or use a Product directly,such as through the Product interface or a portal account, you are responsible
for all actions you take with respect to use of the Product including backup
settings and management, retention and deletion of Content and Kaseya may rely
on your instructions as an authorized Administrator of the Product. Any
support for the Product is provided to you by the Administrator and not
directly by Kaseya.

5. SECURITY

a. Kaseya’s Security Measures. Kaseya has implemented andmaintains physical, technical and administrative measures designed to help
secure Content under Kaseya’s control against accidental or unlawful loss,
access or disclosure. However, no password-protected system of data storage and
retrieval can be made entirely impenetrable and you acknowledge and agree that
despite the reasonable measures employed, the Products and Content are not
guaranteed against all security threats or other vulnerabilities.

b. Administrator’s Security Measures. You acknowledge andagree that the Administrator you authorize to manage use of the Product on your
behalf has access to and manages your Content. You and/or the Administrator are
responsible, and in no event will Kaseya be responsible, for any physical,
administrative, or technical controls related to Products or Content not under
the exclusive control of Kaseya, including but not limited to local Product
access, passwords or other access credentials, LAN or internet connectivity.
You and/or the Administrator are responsible for the proper configuration and
maintenance of security measures and for determining the security measures
appropriate for the Content, including local encryption of sensitive Content.

6. INDEMNIFICATION

You will defend, indemnify and hold harmless Kaseya from and against anyloss, cost, liability or damage, including attorneys’ fees, for which Kaseya
becomes liable arising from any claim relating to your Content, including if it
a) infringes or misappropriates the intellectual property rights or other
rights of a third party; b) violates any applicable law; or c) otherwise is in
violation of these End User Terms or the applicable Product Terms of Use.

7. LIMITATIONS OF LIABILITY

ANY PRODUCT WARRANTIES ARE MADE TO THE ADMINISTRATOR THAT PURCHASED THEPRODUCT ON YOUR BEHALF, AND NOT DIRECTLY TO YOU. THEREFORE, THE PRODUCT,
INCLUDING ANY THIRD PARTY COMPONENTS OR TECHNOLOGY, ARE PROVIDED “AS IS.” TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KASEYA DISCLAIMS ANY AND ALL
PROMISES, REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY, DATA SECURITY, QUIET
ENJOYMENT, TITLE, AND/OR NON-INFRINGEMENT OR ANY WARRANTIES ARISING OUT OF ANY
COURSE OF DEALING OR USAGE OF TRADE. KASEYA DOES NOT WARRANT THAT THE PRODUCT
WILL MEET ANY SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF ANY PRODUCT WILL
BE SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED.

KASEYA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCT’SCOMPLIANCE WITH LAWS AND REGULATIONS SPECIFICALLY APPLICABLE TO ANY USER OR
INDUSTRY AND DISCLAIMS ALL LIABILITY ASSOCIATED THEREWITH.

THE PRODUCT MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER RISKSINHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. KASEYA IS
NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING
FROM SUCH PROBLEMS.

KASEYA DISCLAIMS ANY DUTIES OF A BAILEE, AND YOU HEREBY WAIVE ALL RIGHTSAND REMEDIES OF A BAILOR (ARISING UNDER COMMON LAW OR STATUTE), RELATED TO OR
ARISING OUT OF ANY POSSESSION, STORAGE, TRANSMISSION OR SHIPMENT OF CONTENT BY
OR ON BEHALF OF KASEYA.

TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT WILL KASEYA OR ANYKASEYA LICENSOR OR SUPPLIER BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES OR COSTS, REGARDLESS OF THE NATURE OF THE
CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUES, COSTS OF
DELAY, FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED
DATA OR THE COST OF RECREATING THE SAME, EVEN IF KASEYA HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL KASEYA BE LIABLE FOR THE
PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS.

NO ORAL OR WRITTEN INFORMATIONOR ADVICE GIVEN BY KASEYA, ANY RESELLER, ADMINISTRATOR OR OTHER PARTY WILL
CREATE ANY ADDITIONAL KASEYA WARRANTIES, ABROGATE THE DISCLAIMERS SET FORTH
ABOVE OR IN ANY WAY INCREASE THE SCOPE OF KASEYA’S OBLIGATIONS HEREUNDER.

Portable Systems

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