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REV: 04-18-2022 MI THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND SUN RIDGE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL SUN RIDGE BE LIABLE FOR LOST BUSINESS, DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) ARISING OUT OF THE QUALITY, CONDITION OR USE OF THE SOFTWARE. IN NO EVENT WILL SUN RIDGE BE LIABLE FOR ANY AMOUNT, WHICH EXCEEDS THE AMOUNT PAID BY THE LICENSEE FOR THE SOFTWARE. THE LIMITATIONS SET FORTH IN THIS SECTION 7 SHALL NOT APPLY TO SUN RIDGE’S OBLIGATIONS PURSUANT TO SECTION 6.2 OF THIS AGREEMENT. 8. UPDATES SUN RIDGE may, at its option, release updates to or new versions of the SOFTWARE. If LICENSEE elects to obtain any update or new version of the SOFTWARE, the use of such update or new version will be subject to the terms and conditions of this LICENSE AGREEMENT. 9. OWNERSHIP Except as expressly provided in this LICENSE AGREEMENT, SUN RIDGE retains all intellectual property rights and other rights to the SOFTWARE, Documentation, and the source code for the SOFTWARE. 10. CONFIDENTIALITY Each party agrees to protect the other party’s Confidential Information. Confidential Information will not be used or disclosed except as authorized by the providing party. Confidential Information will be disclosed to employees of the receiving party only on a “need to know” basis and only after such employees are informed of the confidential nature of the information and obligated to maintain confidentiality. Confidential Information shall not include information that is now or becomes part of the public domain, was already known by the receiving party at the time of disclosure, is independently developed by the receiving party without any use of Confidential Information, or is lawfully obtained from a third party. 11. GENERAL TERMS 11.1. GOVERNING LAW. This LICENSE AGREEMENT will be construed by and enforced in accordance with the laws of the state of California, exclusive of choice of law or conflicts of law rules or principles. 11.2. ARBITRATION. If a dispute arises from or related to this LICENSE AGREEMENT or the breach of this LICENSE AGREEMENT and if such dispute cannot be settled through direct discussions, the parties agree to first endeavor to settle the dispute in an amicable manner by mediation to be held in Sacramento, California, under the Commercial Mediation Rules of the American ATTY/AGR.2022.090/Sun-ridge Systems, Inc. (Page 7 of 9)