11. DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION

11.1 Disclaimers. YOUR ACCESS TO AND USE OF THE ACCESS TOKEN AND ACCESSIBLE IP IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ACCESSIBLE IP OWNER, ITS PARENTS, AFFILIATES, PARTNERS, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, AGENTS, ACCESSIBLE IP OWNERS AND EQUITY HOLDERS (THE “ACCESSIBLE IP OWNER ENTITIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT IN THE ACCESS TOKENS AND ACCESSIBLE IP. THE ACCESSIBLE IP OWNER ENTITIES MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, ORIGINALITY, SECURITY OR RELIABILITY OF THE ACCESS TOKENS AND ACCESSIBLE IP, (B) THE OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM, DEVICE, BLOCKCHAIN, DIGITAL WALLET, HARDWARE OR MARKETPLACE, (C) WHETHER THE ACCESS TOKENS AND ACCESSIBLE IP WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS, AND (D) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT THE ACCESS TOKENS AND ACCESSIBLE IP.

11.2 Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE ACCESSIBLE IP OWNER ENTITIES BE LIABLE (A) FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE ACCESS TOKEN OR THE ACCESSIBLE IP), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THIS ACCESS AGREEMENT OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE ACCESS TOKENS AND ACCESSIBLE IP OR THIS ACCESS AGREEMENT AND WHETHER IN CONTRACT, PRODUCT LIABILITY OR TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, EVEN IF THE ACCESSIBLE IP OWNER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS ACCESS AGREEMENT OR THE DELIVERY, USE OR PERFORMANCE OF THE ACCESS TOKENS AND ACCESSIBLE IP. THE MAXIMUM AGGREGATE LIABILITY OF THE ACCESSIBLE IP OWNER ENTITIES FOR ALL DAMAGES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (I) $1,000 OR (II) THE AMOUNT YOU PAID FOR YOUR ACCESS TOKEN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

11.3 Assumption of Risk. ACCESS TOKENS HAVE NO INHERENT VALUE, AND THE VALUE OF THE ACCESS TOKENS IS SUBJECTIVE AND CAN THEREFORE BE VOLATILE. YOU AGREE TO ASSUME ALL RISK ASSOCIATED WITH THE USE AND VALUE OF THE ACCESS TOKEN AND ACCESSIBLE IP.

11.4 Fundamental Elements. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE ACCESSIBLE IP OWNER ENTITIES AND YOU.

11.5 Indemnification. By entering into this Access Agreement and accessing or using the Access Tokens, you agree that you shall defend, indemnify and hold the Accessible IP Owner Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Accessible IP Owner Entities arising out of or in connection with: (a) your violation or breach of any term of this Access Agreement or any applicable law or regulation, (b) your violation of any rights of any third party, (c) your access to or use of the Access Token or Accessible IP, (d) any Derivative Accessible IPs of the Accessible IP you create, or (e) any fraud, negligence or wilful misconduct committed by you. For these limited purposes, the Accessible IP Owner Entities (other than the Accessible IP Owner) are third-party beneficiaries of this Access Agreement.

11.6 Role of the Framework Provider. You and Accessible IP Owner each agree and acknowledge that the Framework Provider is not a party to this Access Agreement and has no duty or obligation to enforce the Grant or any Grant Parameters set by Accessible IP Owner.

11.7 Template Provider Disclaimers. You and Accessible IP Owner each agree and acknowledge that (a) this Access Agreement is based on a template that has been provided by the Framework Provider for public use, (b) each party and its heirs, successors and assigns, irrevocably covenants and agrees not to assert or bring any suit, claim, demand or challenge against the Framework Provider, Fipchain Framework, Inc. or their parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, service providers and licensors (the “Template Provider Entities”) in connection with this Access Agreement, (c) the availability of this Access Agreement shall not be construed as legal advice for any particular facts or circumstances and are not meant to replace consulting competent counsel who is aware of your specific facts and circumstances and those of creator, and (d) this Access Agreement might not reflect all current updates to the law or applicable interpretive guidance.