LifeLock 2015 Annual Report Download - page 133

good standing under the laws of the jurisdiction of its organization, and has full power and authority and holds all governmental licenses, permits and other
approvals necessary to conduct its business substantially as presently conducted; and (ii) The execution and delivery of this Agreement, and the
performance of its obligations hereunder, have been duly authorized by all necessary corporate actions; do not require the approval of any third party which
has not been obtained; and do not violate the terms of any other contract or instrument in effect with respect to such party. Equifax has the right to grant or
otherwise permit Broker to access the Equifax API, promote and reference the Equifax API and use the Equifax Marks as permitted hereunder, and is aware
of no claims by any third parties adverse to any such rights.
6.2 Disclaimer. Equifax makes no representations, warranties or guarantees, express or implied, other than those expressed in this Agreement.
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RESPECTING THE EQUIFAX AUTOMATED CREDIT
REPORTING SYSTEM, THE EQUIFAX CREDIT INFORMATION, THE EQUIFAX API OR ANY OTHER MACHINERY, EQUIPMENT, MATERIALS,
PROGRAMMING AIDS OR OTHER ITEMS UTILIZED BY BROKER IN CONNECTION WITH OR RELATED TO, OR RESPECTING THE ACCURACY OF ANY
EQUIFAX CREDIT INFORMATION FURNISHED BY EQUIFAX TO BROKER OR TO ANY CONSUMER SUBJECTS. EQUIFAX DOES NOT GUARANTEE OR
WARRANT THE CORRECTNESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE
CREDIT INFORMATION PROVIDED TO BROKER. NEITHER EQUIFAX, NOR ANY OF ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES,
CONTRACTORS, LICENSORS OR AFFILIATED COMPANIES WILL BE LIABLE TO BROKER FOR ANY LOSS OR INJURY ARISING OUT OF, OR CAUSED
IN WHOLE OR IN PART BY, THEIR ACTS OR OMISSIONS, EVEN IF NEGLIGENT, IN PROCURING, COMPILING, COLLECTING, INTERPRETING,
PROCESSING, REPORTING OR TRANSMITTING ANY CREDIT INFORMATION.
6.3 Waiver and Limitation of Liability.
 WAIVER. EXCEPT AS SET FORTH IN THIS SECTION 6.3(A), IN NO CASE WILL EITHER PARTY, OR ANY OF ITS DIRECTORS, OFFICERS,
AGENTS, EMPLOYEES, CONTRACTORS, LICENSORS, AFFILIATED COMPANIES OR AFFILIATED CREDIT BUREAUS, BE LIABLE TO THE OTHER
PARTY [***]. THE WAIVER DESCRIBED IN THIS SECTION 6.3(A) SHALL NOT APPLY TO [***], (COLLECTIVELY “EXCLUDED CLAIMS”):
 LIMITATION OF LIABILITY.
 EXCEPT FOR EXCLUDED CLAIMS, EACH PARTY’S LIABILITY TO THE OTHER FOR ANY AND ALL BREACHES OR OTHER DEFAULTS
HEREUNDER, OR FOR ANY OTHER TYPE OF CLAIM UNDER ANY OTHER THEORY OF LAW, IN ANY CONTRACT YEAR SHALL NOT EXCEED [***].
 BROKER'S LIABILITY TO EQUIFAX FOR CLAIMS RESULTING FROM [***] SHALL NOT EXCEED, [***].
(3) EQUIFAX’S LIABILITY TO BROKER FOR CLAIMS RESULTING FROM [***] SHALL NOT EXCEED, [***].
(4) [***].
7. 
7.1 Broker will indemnify, defend and hold Equifax and its directors, officers, employees, agents and contractually affiliated consumer reporting agencies,
harmless from and against any and all liabilities, claims, actions, suits, costs, damages, penalties
*** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been
requested with respect to the omitted portions.
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