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Docusign Envelope ID:DFB5D9D9-859F-472D-9C39-2185492D36D1 • • mind case By Verwerm , -- 8.3. ADDITIONAL EXCLUSIONS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, MINDBASE WILL HAVE NO LIABILITY FOR DAMAGES ARISING OUT OF (A) CUSTOMER DATA, INCLUDING ITS TRANSMISSION TO MINDBASE, OR ANY OTHER DATA AVAILABLE THROUGH THE SUBSCRIPTION SOFTWARE OR SERVICES; (B) CUSTOMER- PROVIDED EQUIPMENT,NON-MINDBASE CONTENT,CUSTOMER'S SITES,OR THIRD-PARTY EQUIPMENT, HARDWARE, SOFTWARE, DATA, OR OTHER THIRD-PARTY MATERIALS, OR THE COMBINATION OF THE SUBSCRIPTION SOFTWARE OR SERVICES WITH ANY OF THE FOREGOING; (C)LOSS OF DATA OR HACKING; (D) MODIFICATION OF SUBSCRIPTION SOFTWARE OR SERVICES BY ANY PERSON OTHER THAN MINDBASE; (E) RECOMMENDATIONS PROVIDED IN CONNECTION WITH OR BY THE SUBSCRIPTION SOFTWARE AND SERVICES; (F) DATA RECOVERY SERVICES OR DATABASE MODIFICATIONS; (G) INTERRUPTION OR FAILURE OF CONNECTIVITY, VULNERABILITIES, OR SECURITY EVENTS;(H)DISRUPTION OF OR DAMAGE TO CUSTOMER'S OR THIRD PARTIES'SYSTEMS,EQUIPMENT, OR DATA,INCLUDING DENIAL OF ACCESS TO USERS, OR SHUTDOWN OF SYSTEMS CAUSED BY INTRUSION DETECTION SOFTWARE OR HARDWARE; (I) AVAILABILITY OR ACCURACY OF ANY DATA AVAILABLE THROUGH THE SUBSCRIPTION SOFTWARE OR SERVICES, OR INTERPRETATION, USE, OR MISUSE THEREOF; OR (J) CUSTOMER'S BREACH OF THIS AGREEMENT OR MISUSE OF THE SUBSCRIPTION SOFTWARE OR SERVICES. 8.4. Voluntary Remedies. Mindbase is not obligated to remedy, repair, replace, or refund the purchase price for the disclaimed issues in Section 8.3 — Additional Exclusions above,but if Mindbase agrees to provide Services to help resolve such issues, Customer will reimburse Mindbase for its reasonable time and expenses per terms and conditions contained in an Addendum. 8.5. Statute of Limitations. Customer may not bring any claims against a Mindbase Party in connection with this Agreement or the Software and Services more than two(2) years after the date of accrual of the cause of action. 9. Confidentiality. 9.1. Confidential Information. "Confidential Information" means any and all non- public information provided by one Party("Discloser")to the other("Recipient")that is disclosed under this Agreement in oral, written, graphic, machine recognizable, or sample form, being clearly designated, labeled or marked as confidential or its equivalent or that a reasonable businessperson would consider non-public and confidential by its nature. With respect to Mindbase, Confidential Information will also include Software and Services, and Documentation, as well as any other information relating to the Software and Services.In order to be considered Confidential Information, Page 9 of 18