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Disclaimer

March 8th, 2011

The following represents Jolicloud's disclaimer.

Description of the Jolicloud Operating System, Joli OS

The Jolicloud Operating System (“Joli OS”) refers to the Linux-based operating system developed and distributed by Jolicloud for computing devices.

Licenses

Joli OS is a modular operating system comprised of numerous components that may be accompanied by separate license terms. Joli OS is a work of Jolicloud; although Jolicloud does not own the copyright to every component of the Operating System, Jolicloud owns the work’s rights for the Jolicloud branding and look & feel. Jolicloud hereby grants You a worldwide, free, non-exclusive and non-transferable license to use the Jolicloud branding and look & feel for the use of Joli OS only. Most of the components are open source packages, developed independently, and accompanied by separate license terms. The license agreement for each Operating System component is located in the Operating System component's source code. Your license rights with respect to individual components accompanied by separate license terms are defined by those terms; nothing in this agreement shall restrict, limit, or otherwise affect any rights or obligations You may have, or conditions to which You may be subject, under such license terms; however, if You distribute copies of any component independent of the Operating System, You must remove all Jolicloud trademarks, trade dress, and logos from each copy.

Joli OS is a free Operating System. You can use, redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Operating System Foundation; version 2. See the GNU General Public License for more details: http://www.gnu.org/licenses/old-licenses/gpl-2.0.txt

WARRANTY & DISCLAIMER

JOLI OS is PROVIDED "AS IS." The use of Joli OS and any services accessible through it is at YOUR own risk. JOLICLOUD MAKES NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND JOLICLOUD SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF JOLICLOUD WILL MAKE REASONABLE EFFORTS TO MAINTAIN JOLI OS, Jolicloud does not warrant that use of JOLI OS will be uninterrupted or error free, will meet your requirements, or that it will operate with the combination of hardware and software selected by You.

Jolicloud may change technical features in order to keep pace with the latest demands and technological developments or to comply with any regulations or for any other reason. Jolicloud may also have to repair, improve, and/or upgrade Joli OS and this may require us to restrict, limit, suspend, interfere and/or interrupt Joli OS.

If the use of Joli OS is dependent upon the use of a processor and bandwidth owned or controlled by a third party, You acknowledge and agree that the license to use Joli OS is subject to You obtaining consent from the relevant third party for such use.

LIMITED LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JOLICLOUD BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOST PROFITS, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT OR OTHER DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, AND WHETHER OR NOT JOLICLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

JOLI OS IS AVAILABLE FOR FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOLICLOUD's total net aggregate liability to You, after consideration of counterclaims, shall be limited to €100 (one hundred euros).

Update

Jolicloud reserves the right to modify this Disclaimer at any time by publishing the revised Disclaimer in the framework of a new release or upgrade of Joli OS.

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