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such materials or incorporate such materials into any form, medium, or technology(now known or hereafter <br /> developed or devised)throughout the universe. Client shall be solely responsible for,and assume all liability <br /> regarding the Client Materials, and shall indemnify Cemetery360 from any claims by third parties made against <br /> Cemetery360 due to the Client Materials. <br /> ARTICLE 6. INTELLECTUAL PROPERTY RIGHTS <br /> 6.01 Cemetery360 shall be the sole and exclusive owner of all intellectual property rights of any kind or <br /> nature in the Captured Images,Virtual Cemetery, and Sites(including,without limitation, all rights of copyright <br /> including compilation copyrights and any extensions or renewals thereof,)and any modifications,upgrades, <br /> updates,enhancements, and related documentation, in perpetuity through the universe in all media, form or <br /> technology now known or hereafter devised in and to any content, materials, screens, digital environment,user <br /> interfaces, sounds, images,titles,text, graphics, site architecture, street scenes, buildings,other environments, <br /> other elements and characters created or developed by or for Cemetery360. Client agrees to execute any <br /> additional documentation required in the future to perfect Cemetery360's ownership to works created by <br /> Cemetery360. Client shall have no other rights,to any works created by Cemetery360 other than the rights <br /> specified in Section 6.02 below. <br /> 6.02 . During the term of this Agreement, Cemetery360 hereby grants to the Client a non-exclusive right,non- <br /> transferable, license and right to use,access and link to the Virtual Cemetery and Site as hosted by Cemetery360 <br /> as provided in Section 1.01(b)above. <br /> ARTICLE 7. DISCLAIMER <br /> 7.01. CEMETERY360 GIVES AND MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, <br /> EXPRESS OR IMPLIED, OTHER THAN THAT EXPRESSLY SET FORTH IN THIS AGREEMENT.NO <br /> REPRESENTATIVE OF CEMETERY360 IS AUTHORIZED TO GIVE OR MAKE ANY OTHER <br /> REPRESENTATION OR WARRANTY OR MODIFY THE WARRANTY PROVIDED HEREIN IN ANY WAY. <br /> WITHOUT LIMITING THE FOREGOING DISCLAIMER,NO IMPLIED WARRANTY OF <br /> MERCHANTABILITY,NO IMPLIED WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, <br /> AND NO IMPLIED WARRANTY ARISING BY USAGE OR TRADE, COURSE OF DEALING,OR COURSE <br /> OF PERFORMANCE IS GIVEN OR MADE BY CEMETERY360 OR SHALL ARISE BY OR IN <br /> CONNECTION WITH THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT,AND IN NO <br /> EVENT SHALL CEMETERY360 HAVE ANY LIABILITY OR OBLIGATION WHATSOEVER IN <br /> CONNECTION WITH ANY SUCH WARRANTY. EXCEPT FOR THE WARRANTIES SET FORTH IN THIS <br /> AGREEMENT,ALL SERVICES AND DELIVERABLES PERFORMED AND/OR PROVIDED BY <br /> CEMETERY360 UNDER THIS AGREEMENT ARE PROVIDED"AS IS." <br /> ARTICLE 8. LIMITATION OF LIABILITY <br /> 8.01. TO THE EXTENT PROVIDED BYLAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR <br /> INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES,LOSS OF PROFITS, LOSS OF USE OR <br /> DATA, OR INTERRUPTION OF BUSINESS SUFFERED OR INCURRED BY THE OTHER OR ANY <br /> OTHER PARTY,WHETHER SUCH DAMAGES ARE LABELED IN TORT,CONTRACT, OR INDEMNITY. <br /> EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, IN NO EVENT OR CIRCUMSTANCE <br /> WHATSOEVER SHALL EITHER PARTY BE LIABLE OR OBLIGATED TO THE OTHER IN CONTRACT, <br /> TORT OR OTHERWISE FOR ANY AMOUNT IN EXCESS OF THE AMOUNT OF THE ACTUAL <br /> PAYMENTS MADE BY CLIENT TO CEMETERY360 DURING THE TWELVE(12)MONTH PERIOD <br /> IMMEDIATELY PROCEEDING THE EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. <br /> EACH PARTY'S MAXIMUM LIABILITY HEREUNDER BEING HEREBY LIMITED TO SUCH AMOUNT. <br /> ARTICLE 9. GENERAL PROVISIONS <br /> 5 <br />