9.1 DISCLAIMER OF WARRANTY AND LIABILITY FOR THE SOMEWEAR SERVICES, SOFTWARE, AND WEBSITES.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOMEWEAR DEVICES AND SERVICES AND ANY ASSOCIATED SOFTWARE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ANY ASSOCIATED SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ALL OTHER WARRANTIES, REPRESENTATIONS, GUARANTEES AND CONDITIONS (EXPRESS OR IMPLIED) INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE SOMEWEAR SERVICES AND/OR ANY ASSOCIATED SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION WILL BE WITHOUT INTERRUPTION OR ERROR-FREE, OF SATISFACTORY QUALITY, OF QUIET ENJOYMENT, THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXPRESSLY EXCLUDED FROM THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOMEWEAR GIVES NO WARRANTY OR GUARANTEE IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE SOMEWEAR SERVICES, DATA PLANS, AND ANY ASSOCIATED SOFTWARE, OR IN RELATION TO AVAILABILITY, SUITABILITY OR MAINTENANCE OF THE SATELLITE SYSTEMS USED BY THE SOMEWEAR DEVICES OR SOMEWEAR SERVICES TO TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS EMERGENCY SIGNALS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOMEWEAR MAKES NO WARRANTIES OR GUARANTEES RESPECTING ANY HARM THAT MAY BE CAUSED BY TRANSMISSION OF A COMPUTER VIRUS, HACKING BY A THIRD-PARTY, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY DISTRIBUTOR, RESELLER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SOMEWEAR, OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE. SOMEWEAR DEVICES, SOMEWEAR SERVICES AND SOFTWARE ARE NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH FAILURE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. ALL WEATHER FORECASTING ON THE SOMEWEAR WEBSITES AND/OR SOMEWEAR DEVICES ARE PROVIDED BY A THIRD-PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOMEWEAR AND ITS LICENSOR DO NOT GUARANTEE THAT THE INFORMATION DISPLAYED ON THE SOMEWEAR WEBSITES OR SOMEWEAR DEVICES IS 100% ACCURATE AND DO NOT MAKE ANY REPRESENTATIONS, GUARANTEES OR WARRANTEES REGARDING THE CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, OR RELIABILITY OF SUCH INFORMATION. YOU ACKNOWLEDGE THAT ALL DECISIONS MADE USING WEATHER INFORMATION ON THE SOMEWEAR WEBSITES AND/OR SOMEWEAR DEVICE WILL BE YOUR SOLE RESPONSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOMEWEAR AND ITS LICENSORS EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY ADVERSE CONSEQUENCES OR DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY AND/OR DEATH, RESULTING FROM YOUR USE OF THE WEATHER INFORMATION ON THE SOMEWEAR WEBSITES, SOMEWEAR SERVICE AND/OR SOMEWEAR DEVICE OR YOUR RELIANCE THEREON.

9.2

This disclaimer of warranty and liability in this Section 9 shall not apply to intentional or reckless acts or gross negligence on the part of Somewear.

10 LIMITATION OF LIABILITY

10.1

TO THE FULLEST EXTENT PERMITTED BY LAW, SOMEWEAR AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS HEREBY EXPRESSLY EXCLUDE LIABILITY FOR ANY DAMAGES OR CLAIMS, INCLUDING INJURY OR DEATH, AND ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, RELIANCE, EXEMPLARY OR PUNITIVE LOSS, DAMAGE, COSTS OR EXPENSES (INCLUDING LOSS OF INCOME, MEDICAL AND OTHER EXPENSES, LOSS OF GUIDANCE, CARE AND COMPANIONSHIP), LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF OPPORTUNITY OR LOSS OF ANTICIPATED SAVINGS WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE PROVISION OF THE SOFTWARE OR THE SOMEWEAR SERVICES (INCLUDING ANY DELAY IN PROVIDING OR FAILURE TO PROVIDE THE SOMEWEAR SERVICES) OR THE USE OF THE SOFTWARE OR THE SOMEWEAR SERVICES BY YOU OR BY ANOTHER PERSON, WHETHER OR NOT AUTHORIZED BY YOU TO UTILIZE THE SOFTWARE OR SOMEWEAR SERVICES. SOMEWEAR AND ITS LICENSORS AND SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS EXCLUDE ALL LIABILITY, WHETHER RESULTING FROM CONTRACT, TORT (INCLUDING LIABILITY FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE IN RESPECT OF ANY LOSS, DAMAGE, COSTS, EXPENSES OR OTHER CLAIMS RESULTING FROM THE ACTS OR OMISSIONS OF SUCH PARTIES, FOR ANY FAULTS, FAILURES OR INADEQUACIES OF THE SATELLITE SYSTEMS, THE SOFTWARE, THE SOMEWEAR SERVICES (INCLUDING WITHOUT LIMITATION THE SOS EMERGENCY MONITORING AND RESPONSE PROVIDED BY GEOS), INCLUDING ANY FAILURE OR DELAY IN THE PROVISION OF SOMEWEAR SERVICES CAUSED BY:

(a) MATTERS OUTSIDE OF SOMEWEAR’S OR ITS LICENSORS’ OR SERVICE PROVIDERS’, REASONABLE CONTROL, WHICH SHALL INCLUDE, BUT ARE NOT LIMITED TO, OUTBREAK OF HOSTILITIES, RIOT, CIVIL DISTURBANCE, ACTS OF TERRORISM, FIRE, EXPLOSION, FLOOD, SNOW, FOG OR OTHER INCLEMENT WEATHER CONDITIONS, FAILURE OF TELECOMMUNICATIONS OR SATELLITE SYSTEMS, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, SURGES IN THE ELECTRICAL MAINS OR CURRENTS, DAMAGE CAUSED BY ELECTROMAGNETIC INTERFERENCE, THEFT, MALICIOUS DAMAGE, STRIKE, LOCK OUT OR INDUSTRIAL ACTION OF ANY KIND; OR

(b) FAILURE, DELAY OR INACCURACY OF THE GPS SATELLITES IN PROVIDING LOCATION COORDINATES; OR

(c) FAILURE, DELAY OR INACCURACY OF THE SOMEWEAR DEVICE TO PROCESS AND/OR TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS EMERGENCY SIGNAL(S), AND/OR LOCATION COORDINATES, TO THE SATELLITE SYSTEMS; OR

(d) FAILURE OF OR DELAY IN THE SATELLITE SYSTEMS AND/OR GROUND STATIONS TO PROCESS DATA TRANSMISSIONS, INCLUDING BUT NOT LIMITED TO SOS EMERGENCY SIGNAL(S), LOCATION COORDINATES, MESSAGES AND DISPLAY, AND TRANSMIT TO THE IDENTIFIED POINTS OF CONTACT AND/OR GEOS INTERNATIONAL EMERGENCY RESPONSE COORDINATION CENTER (“IERCC”) AS APPROPRIATE; OR

(e) FAILURE OF OR DELAY IN YOUR EMAIL OR CELLPHONE PROVIDER TO TRANSMIT THE MESSAGE TO YOU, OR FAILURE OF OR DELAY IN THE IERCC RESPONDING TO SOS EMERGENCY SIGNAL(S); OR

(f) FAILURE OF OR DELAY IN YOUR SOMEWEAR DEVICE TO TRANSMIT OR RECEIVE ANY MESSAGE(S); OR

(g) FAILURE OF OR DELAY BY SOMEWEAR’S LICENSORS OR SERVICE PROVIDERS TO PERFORM THE APPLICABLE SERVICE FOR WHICH EACH IS CONTRACTED; OR

(h) FAILURE TO OBTAIN A CLEAR LINE OF SIGHT TOWARD THE SATELLITE SYSTEMS; OR

(i) FAILURE TO PROPERLY INSTALL THE SOFTWARE OR CONFIGURE THE SOMEWEAR DEVICES; OR

(j) FAILURE OF SOMEWEAR AND ITS SERVICE PROVIDERS TO PROVIDE THE SOMEWEAR SERVICES, INCLUDING SOS EMERGENCY SERVICES, DUE TO THE SOMEWEAR SERVICES HAVING BEEN CANCELLED OR TERMINATED PURSUANT TO SECTIONS 3.8 OR 3.9; OR

(k) NON-COMPATIBILITY OF SOMEWEAR DEVICES WITH SMARTPHONE OPERATING SYSTEMS AND THIRD-PARTY SOFTWARE; OR

(l) FAILURE OR INADEQUACY OF POWER SUPPLY FOR SOMEWEAR DEVICES AND/OR ASSOCIATED PRODUCTS.

10.2

IN NO EVENT SHALL THE TOTAL, MAXIMUM, AGGREGATE LIABILITY OF SOMEWEAR AND ITS SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT OF THE SERVICE FEES PAID BY YOU TO SOMEWEAR.

10.3

THE LIMITATIONS OF LIABILITY IN THIS SECTION 10 SHALL APPLY TO ALL CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES HOWSOEVER CAUSED AND WHETHER FOR BREACH OF CONTRACT, IN TORT, BY WAY OF NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF SOMEWEAR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE; PROVIDED, HOWEVER, THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION 10 SHALL NOT APPLY TO INTENTIONAL OR RECKLESS ACTS OR GROSS NEGLIGENCE ON THE PART OF SOMEWEAR.