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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
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