5. WARRANTIES AND DISCLAIMERS
5.1 Licensor represents and warrants that it has the necessary rights and authority to grant the license set forth in this Agreement.
5.2 Disclaimer of Warranties. EXCEPT AS PROVIDED HEREIN, THE LICENSED PROGRAMS ARE PROVIDED TO LICENSEE ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES WHATSOEVER. LICENSEE ASSUMES THE RESPONSIBILITY FOR THE SELECTION OF THE LICENSED PROGRAMS AS BEING ADEQUATE AND APPROPRIATE FOR ITS PURPOSES. DEEPRENT LLC MAKES NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING OR RELATING TO ANY LICENSED PROGRAMS FURNISHED OR PROVIDED TO LICENSEE UNDER THIS AGREEMENT. DEEPRENT LLC EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CUSTOM, TRADE, QUIET ENJOYMENT, OR ACCURACY OF INFORMATION OR CONTENT, WITH RESPECT TO THE LICENSED PROGRAMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DEEPRENT LLC SPECIFICALLY DOES NOT REPRESENT OR WARRANT THAT THE LICENSED PROGRAMS WILL PERFORM WITHOUT INTERRUPTION OR BE ERROR-FREE.
5.3 Licensee Acknowledgement. LICENSEE FURTHER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT: (1) DEEPRENT LLC MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ACCURACY OF THE LICENSED PROGRAMS OR THE INFORMATION OR DATA CONTAINED THEREIN; (2) USING THE SOFTWARE DOES NOT RELIEVE LICENSEE OF ANY LEGAL OR STATUTORY OBLIGATIONS; (3) LICENSEE ACKNOWLEDGES THAT LICENSEE MAY BE SUBJECT TO FEDERAL, STATE AND/OR LOCAL LAWS CONCERNING THE COLLECTION, DISCLOSURE, SAFEGUARDING AND/OR OTHER USES OF INFORMATION RECEIVED FROM A CONSUMER ("CONSUMER INFORMATION") INCLUDING, WITHOUT LIMITATION, LAWS RELATED TO SOCIAL SECURITY NUMBERS, DRIVER'S LICENSE INFORMATION, AND/OR PERSONAL NON-PUBLIC INFORMATION, COLLECTED BY OR PROVIDED TO A LICENSEE ("INFORMATION PRIVACY LAWS"). LICENSEE ACKNOWLEDGES THAT COMPLIANCE WITH SUCH LAWS AND/OR REGULATIONS WITH RESPECT TO INFORMATION COLLECTED BY LICENSEE, INFORMATION STORED OR MANIPULATED BY THE LICENSED PROGRAMS OR INFORMATION STORED ON COMPUTER HARDWARE ASSOCIATED WITH THE LICENSED PROGRAMS ("STORED CONSUMER INFORMATION") IS THE SOLE RESPONSIBILITY OF LICENSEE; PROVIDED, HOWEVER, THAT DEEPRENT LLC AGREES TO USE COMMERCIALLY REASONABLE EFFORTS TO PROTECT SUCH STORED CONSUMER INFORMATION. LICENSEE FURTHER ACKNOWLEDGES THAT IT MAY BE SUBJECT TO FEDERAL, STATE AND/OR LOCAL LAWS RESTRICTING COMMUNICATIONS WITH ITS CUSTOMERS OR PROSPECTIVE CUSTOMERS INCLUDING, WITHOUT LIMITATION, THE FEDERAL "DO NOT CALL" LIST AND "ANTI-SPAM" STATUTES ("CONTACT RESTRICTION LAWS"). LICENSEE ACKNOWLEDGES THAT COMPLIANCE WITH THESE AND ANY AND ALL OTHER LAWS IS THE SOLE RESPONSIBILITY OF LICENSEE: (4) THE LICENSED PROGRAMS ARE NOT WARRANTED TO PREVENT VIOLATION OF ANY LAW OR REGULATION. AND DEEPRENT LLC UNDERTAKES NO RESPONSIBILITY FOR LICENSEE'S COMPLIANCE WITH ANY LAW OR REGULATION INCLUDING, WITHOUT LIMITATION, INFORMATION PRIVACY LAWS AND CONTACT RESTRICTION LAWS. DEEPRENT LLC MAKES NO REPRESENTATION OR WARRANTY REGARDING LEGALITY OF LICENSEE’S INTENDED OR ACTUAL USE OF THE LICENSED PROGRAM AND ASSOCIATED SERVICES, AND LICENSEE CANNOT RELY UPON THE LICENSED PROGRAMS FOR ANY ADVICE OR GUIDANCE REGARDING COMPLIANCE WITH FEDERAL AND STATE LAWS; (5) LICENSEE WILL INDEPENDENTLY MANUALLY VERIFY ANY CALCULATIONS MADE BY USING THE SOFTWARE AND SATISFY ITSELF THAT THOSE CALCULATIONS ARE CORRECT; (6) DEEPRENT LLC IN ITS SOLE DISCRETION SHALL BE ENTITLED TO DISCONTINUE PROVIDING CERTAIN INFORMATION AND FUNCTIONS OF THE LICENSED PROGRAMS IN THE EVENT THE INFORMATION OR FUNCTIONS ARE, FOR ANY REASON, NOT AVAILABLE OR IN THE EVENT ANY AGREEMENT WITH A THIRD PARTY ("THIRD PARTY AGREEMENT") IMPOSES COMMERCIALLY UNREASONABLE FEES OR RESTRICTIONS ON USE OF SUCH DATA; AND (8) LICENSEE ACKNOWLEDGES THAT CERTAIN INFORMATION AND FUNCTIONS OF THE LICENSED PROGRAMS ARE MADE AVAILABLE THROUGH THIRD-PARTY AGREEMENTS, AND THAT THE AVAILABILITY OF SUCH INFORMATION OR FUNCTIONS MAY BE DISRUPTED OR TERMINATED BY INTERRUPTION OF SUCH THIRD-PARTY AGREEMENTS FOR ANY REASONS, INCLUDING, BUT NOT LIMITED TO TERMINATION OF SUCH THIRD-PARTY AGREEMENTS OR LEGAL RESTRICTIONS ON THE USE OF SUCH AGREEMENT IS DISCONTINUED BY DEEPRENT LLC DURING THE TERM OF THIS AGREEMENT, THIS AGREEMENT SHALL REMAIN IN FORCE, AND THE INFORMATION OR FUNCTION AVAILABLE THROUGH THE THIRD-PARTY AGREEMENT, SHALL NO LONGER BE PROVIDED TO LICENSEE. IN THE EVENT LICENSEE IS CHARGED SEPARATELY FOR SUCH INFORMATION OR FUNCTION, LICENSEE SHALL CONTINUE TO PAY SUCH AMOUNT TO THIRD-PARTY LENDER, IF ANY, BUT SHALL, AT LICENSEE'S REQUEST, RECEIVE AN EXTENSION OF THE TERM OF THIS AGREEMENT AT NO ADDITIONAL COST TO LICENSEE, FOR A TIME PERIOD EQUAL TO THE PAYMENTS MADE BY LICENSEE AFTER THE LOSS OF AVAILABILITY OF THE INFORMATION OR FUNCTION, OR THE AMOUNT OF ONE MONTH'S PAYMENT TO THE THIRD PARTY LENDER, WHICHEVER IS LESS, CALCULATED AT THE RATE OF LICENSEE'S MONTHLY PAYMENT EXCLUDING TAX.
5.4 Limitation of Liability. IN NO EVENT WILL DEEPRENT LLC BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS OR REVENUES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, DAMAGE TO COMPUTER SYSTEMS, COST OF COVER, OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND RELATED TO OR ARISING OUT OF THIS AGREEMENT OR THE LICENSED PROGRAMS, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, OR MISREPRESENTATION, EVEN IF DEEPRENT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DEEPRENT LLC'S LIABILITY UNDER ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE LICENSED PROGRAM WILL NOT, IN ANY EVENT, EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR THE LICENSED PROGRAMS AS REFLECTED IN THE LICENSEE PURCHASE ORDER. Licensee acknowledges that the license fees and other fees set forth herein reflect the allocation of risk set forth in this Agreement and that DeepRent LLC would not have entered into this Agreement without the limitations of liability set forth in paragraph 5 of this Agreement.
5.5 By signing this contract, you, as the licensee, confirm that you have read, understood, and agreed to the terms and conditions outlined in the DeepRent Privacy Policy (https://deeprent.ai/privacy-policy/) and the DeepRent Terms of Service (https://deeprent.ai/tos/)