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9.3 NO OTHER WARRANTIES. THE PLATFORM AND THE WORK
<br /> PRODUCT ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS AND
<br /> PERFECTMIND DOES NOT GUARANTEE THAT THE PLATFORM WILL FUNCTION
<br /> ERROR-FREE OR UNINTERRUPTED. CUSTOMER ACKNOWLEDGES THAT
<br /> PERFECTMIND DOES NOT CONTROL THE TRANSFER OF DATA OVER
<br /> COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE
<br /> SERVICE PROVIDED UNDER THIS AGREEMENT MAY BE SUBJECT TO
<br /> LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH
<br /> COMMUNICATIONS FACILITIES. PERFECTMIND IS NOT RESPONSIBLE FOR ANY
<br /> DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH
<br /> PROBLEMS. THERE ARE NO REPRESENTATIONS, CONDITIONS OR WARRANTIES
<br /> OTHER THAN THOSE EXPRESSLY PROVIDED N THIS AGREEMENT. THE
<br /> CONDITIONS, REPRESENTATIONS AND WARRANTIES EXPRESSLY SET OUT
<br /> HEREIN ARE IN LIEU OF, AND PERFECTMIND EXPRESSLY DISCLAIMS, ALL
<br /> CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR
<br /> STATUTORY, INCLUDING IMPLIED CONDITIONS, WARRANTIES OR
<br /> REPRESENTATIONS IN RESPECT OF QUALITY, CONDUCT, PERFORMANCE,
<br /> RELIABILITY, AVAILABILITY, MERCHANTABILITY OR FITNESS FOR A
<br /> PARTICULAR PURPOSE, WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF
<br /> DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR
<br /> OTHERWISE HOWSOEVER, TO THE MAXIMUM EXTENT PERMITTED BY
<br /> APPLICABLE LAW.
<br /> 9.4 Indemnification by PerfectMlND. PerfectMlND will indemnify and hold
<br /> harmless Customer, and its officers, employees and agents (collectively, in this §9.4, the
<br /> "Indemnified Persons"), from and against any and all Claims brought or made against, or
<br /> incurred by, the Indemnified Persons, or any one of them, arising out of a claim by a third party
<br /> that the Platform or the Work Product infringes the Intellectual Property Rights of a third party
<br /> enforceable in Canada or the United States.
<br /> 9.5 Exception to PerfectMlND Indemnity. Notwithstanding §9.4, PerfectMlND
<br /> will not be required to defend or indemnify any Indemnified Person if, and to the extent that, the
<br /> Claim would not have arisen but for (a) any Indemnified Person's combination of the Platform or
<br /> Work products with software, services or products not supplied by PerfectMlND, (b) any breach
<br /> by an Indemnified Person of any provision of this Agreement, or (c) any refusal by the
<br /> Indemnified Person to use a non-infringing version of the Platform or the Work Product offered
<br /> by PerfectMlND under §9.7.
<br /> 9.6 Indemnification by Customer. Customer will indemnify and hold harmless
<br /> PerfectMlND and its officers, employees and agents (collectively, in this §9.6, the "Indemnified
<br /> Persons"), from and against any and all Claims brought or made against, or incurred by, the
<br /> Indemnified Persons, or any one of them, arising out of a claim by a third party that Customer
<br /> Data, or Customer use of Customer Data (a) infringes the Intellectual Property Rights of a third
<br /> party, or (b) is inappropriate, profane, defamatory, infringing, obscene or indecent or otherwise
<br /> breaches any Applicable Law.
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