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6.E. - Page 13 of 35 <br />who has independently developed the information and is entitled to disclose the <br />information to the Party, and such disclosure does not directly or indirectly violate the <br />confidentiality obligation of such third party; or (iv) becomes known publicly, without fault <br />on the part of a Party, subsequent to the receipt of the information by Party; or (v) <br />disclosure is required by law, including without limitation under the California Public <br />Records act or pursuant to court order. <br />SURVIVAL. This §7 shall survive the termination of this Agreement or of any license <br />granted under this Agreement. <br />SECTION 8. WARRANTIES <br />NO CONFLICTS OF INTEREST. ImageTrend does not have any express or implied <br />obligation to a third party which in any way conflicts with any of ImageTrend's obligations <br />under this Agreement. <br />SERVICES. All services and will be provided in a professional and workmanlike manner <br />in accordance with applicable industry standards and will comply with all applicable laws. <br />All Deliverables will substantially conform to the agreed-upon specifications set forth in <br />the applicable Work Order or as otherwise set forth in this Agreement. <br />EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT ABOVE, THE <br />SERVICES IMAGETREND PROVIDES TO CLIENT ARE PROVIDED WITHOUT <br />ADDITIONAL WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, <br />INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF <br />MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY ORAL <br />OR WRITTEN REPRESENTATIONS, PROPOSALS, OR STATEMENTS MADE PRIOR <br />TO THIS AGREEMENT. IMAGETREND HEREBY EXPRESSLY DISCLAIM, AND <br />CLIENT HEREBY WAIVES, ANY REPRESENTATION OR WARRANTY OF ANY KIND <br />WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION, THE <br />IMPLIED WARRANTIES OF MERCHANTABILITY, NON -INFRINGEMENT AND <br />FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES PROVIDED IN THIS <br />AGREEMENT ARE CLIENT'S SOLE AND EXCLUSIVE REMEDIES. <br />SECTION 9. LIMITATION OF LIABILITY <br />EACH PARTY SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE <br />OTHER PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, <br />PUNITIVE, OR EXEMPLARY DAMAGES OR LOSSES ARISING OUT OF OR RELATED <br />TO THIS AGREEMENT, EVEN IF THAT PARTY IS ADVISED OF THE LIKELIHOOD OF <br />SUCH DAMAGES OCCURING. EACH PARTY'S CUMULATIVE LIABILITY ARISING <br />OUT OF OR IN ANY MANNER RELATED TO THIS SHALL BE LIMITED TO THE <br />AMOUNT OF THE FEES DUE UNDER THIS AGREEMENT. NOTWITHSTANDING THE <br />FOREGOING, THIS SECTION 9 SHALL NOT APPLY TO IMAGETREND'S <br />INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 14 OR TO <br />IMAGETREND'S USE OF CLIENT DATA, INCLUDING BUT NOT LIMITED TO THE <br />REV: 06-15-2020 PR <br />ATTY/AGR.2020.099/ImagTrend, Inc. (Page 10 of 32) 362 <br />