Unpublished Work Copyright 2019 Waymo LLC. All rights reserved. Waymo Proprietary and Confidential - Contains Trade Secrets This is the proprietary software of Waymo LLC ("Waymo") and/or its licensors, and may only be used, duplicated, modified or distributed pursuant to the terms and conditions of a separate, written license agreement executed between you and Waymo (an "Authorized License"). Except as set forth in an Authorized License, Waymo grants no license (express or implied), right to use, or waiver of any kind with respect to the Software, and Waymo expressly reserves all rights in and to the Software and all intellectual property rights therein. IF YOU HAVE NO AUTHORIZED LICENSE, THEN YOU HAVE NO RIGHT TO USE THIS SOFTWARE IN ANY WAY, AND SHOULD IMMEDIATELY NOTIFY WAYMO AND DISCONTINUE ALL USE OF THE SOFTWARE. Except as expressly set forth in the Authorized License: 1. This software includes trade secrets of Waymo, and you shall use all reasonable efforts to protect the confidentiality thereof. You shall use this software only in connection with your authorized use of Waymo products. 2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WAYMO PROVIDES THE WAYMO SOFTWARE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WAYMO EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST OR EXCLUSIONS OR LIMITATIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU, AND WAYMO'S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATIONS ARE PERMITTED BY LAW. 3. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WAYMO OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE WAYMO SOFTWARE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WAYMO HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. ================================= NOTICE ===============================