Warranty Disclaimer, Liability Limitations, Third-Party Services, and Miscellaneous Terms

Zed does not represent or warrant that the operation of the Zed Service or Editor (or any portion thereof) will be uninterrupted or error free, or that the Zed Service or Editor (or any portion thereof) will operate in combination with other hardware, software, systems or data not provided by Zed. CUSTOMER ACKNOWLEDGES THAT, ZED MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE OR SOFTWARE, OR THEIR CONDITION. ZED HEREBY EXPRESSLY EXCLUDES, ANY AND ALL OTHER EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, WHETHER UNDER COMMON LAW, STATUTE OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ## 9. LIMITATIONS OF LIABILITY IN NO EVENT SHALL ZED BE LIABLE FOR ANY LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. ZED'S LIABILITY FOR ALL CLAIMS ARISING UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: THE FEES PAID TO ZED BY CUSTOMER DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM, OR ONE THOUSAND US DOLLARS ($1,000). ## 10. Third Party Services Zed may make certain third party services available to You within the Editor or the Zed Service (each a "Third Party Service"). You acknowledge and agree that (a) use of each Third Party Service is subject to the corresponding terms and conditions available at the following URL: [https://zed.dev/third-party-terms](https://zed.dev/third-party-terms) and/or presented in connection with Your use of such Third Party Service; (b) the terms and conditions of this Agreement do not apply with respect to Your use of any Third Party Service; and (c) Zed is not liable in any way regarding Your use of any Third Party Service. ## 11. MISCELLANEOUS ### 11.1. Export Control You hereby certify that You will comply with all current US Export Control laws. You agree to defend, indemnify and hold Zed harmless from any liability for Your violation of U.S. Export Control laws. ### 11.2. Compliance with Laws You shall comply with all applicable laws and regulations in its use of the Solution, including without limitation the unlawful gathering or collecting, or assisting in the gathering or collecting of information in violation of any privacy laws or regulations. You shall, at its own expense, defend, indemnify and hold harmless Zed from and against any and all claims, losses, liabilities, damages, judgments, government or federal sanctions, costs and expenses (including attorneys' fees) incurred by Zed arising from any claim or assertion by any third party of violation of privacy laws or regulations by You or any of its agents, officers, directors or employees. ### 11.3. Assignment Neither party may transfer and assign its rights and obligations under this Agreement without the prior written consent of the other party. Notwithstanding the foregoing, Zed may transfer and assign its rights under this Agreement without consent from the other party in connection with a change in control, acquisition or sale of all or substantially all of its assets.

This section disclaims warranties for the Zed Service and Editor, limiting Zed's liability for various damages. It addresses the use of third-party services, specifying that their own terms apply and Zed is not liable for their use. Miscellaneous terms cover export control compliance, adherence to all applicable laws and regulations, and assignment restrictions, with Zed having some exceptions.