Roaring Business Agreement

Last Revised Version: 2021-03-12

This agreement has on this day been concluded between Roaring Apps AB, corporate identification number 559067-2613 and the Customer.

Background

Roaring enables Customers to digitize and automate their customer processes. Roaring provides access to data and information about companies and persons through different delivery channels such as API, Web applications, Webhooks (monitoring), Plugins and other integrations.

Most data provided in Roaring Services originates from national authorities such as tax authorities, company registries, statistical registries, credit information bureaus or other reliable sources. All data has very high credibility and accuracy. Nevertheless, Roaring, as well as all suppliers of data including any authority, cannot guarantee that the data is error free, updated or fit for use.

This Agreement sets forth under what conditions the Services is provided to the Customer and the terms and conditions for the Customer's use of the Services.

Access Restrictions

You are not allowed to access Roaring services if you are considered a direct competitor to Roaring or for purposes of monitoring service availability, performance or functionality, or for any other benchmarking or competitive purposes.

Definitions

• Account Information: "Account Information" means information about the Customer that you provide to us in connection with the creation or administration of your Roaring account. Account Information can include contact information, usernames, phone numbers, email addresses and billing information associated with your Roaring account.
• API: "API" means an application program interface.
• Indirect Taxes: "Indirect Taxes" means applicable taxes and duties, including, without limitation, VAT, Service Tax, GST (the Goods & Services Tax), sales and transactions taxes, and other taxes.
• Customer: The person or company using Services made available from Roaring.
• Roaring Sites: "Roaring Sites" means roaring.io and app.roaring.io
• Services: "Services" means each of the services made available by Roaring, including Web applications, API services, Webhooks (monitoring), Plugins and Integrations.
• Third-Party Data: "Third-Party Data" means data from any third party made available to you by Roaring on the Roaring Sites or in conjunction with the Services.
• Users: The Customers users of Roaring Services.

1. Services License

Roaring own all right, title, and interest in and to the Services, and all related technology and intellectual property rights. Subject to the terms of this Agreement, we grant you a worldwide, royalty-free, non-exclusive, non-sublicensable, non-transferable license to do the following:

1. access and use the Services solely in accordance with this Agreement; and
2. copy and use the Content solely in connection with your permitted use of the Services

2. Rights

Roaring represents and warrants to the Customer that Roaring intellectual property constitutes all the intellectual property rights necessary to provide the Services to the Customer, and that Roaring intellectual property will not infringe upon or violate any patent or copyright, misappropriate any trade secret, or violate any third party's other intellectual property right.

1. The Customer is not entitled to claim ownership of any Data or Services provided by Roaring.
2. Any Data delivered by Roaring is for the Customers internal use only.
3. As Customer to Roaring you ensure that you will not include the Data in any service or product that you deliver or sell to a third party. You shall not transfer, sublicense, distribute, commercially exploit or otherwise make available any Data to a third party.

3. Processing of Personal Data

1. To use Roaring's Services, the Customer will be asked to create an account. As part of the account creation process, the Customer will be asked to provide its company name, contact name, e-mail address, create a password, and verify its e-mail address by clicking a link in a welcome e-mail sent to its registered e-mail address.
2. When registering an account, the Customer must provide true, accurate, current and complete information about itself as requested during the account creation process.
3. The Customer is solely responsible for all use (whether or not authorized) of Roarings Services under the Customer's account, including the quality and integrity of the Customer Data and each of the Customers applications. The Customer is also solely responsible for all use and for all acts and omissions of anyone that has access to the Customer's account. The Customer agree to take all reasonable precautions to prevent unauthorized access to or use of Roaring's Services and will notify Roaring promptly of any unauthorized access or use.
4. All processing or storage of customer data that is done by Roaring Apps AB is placed on secure servers, within the borders of the EU. Roaring only store customer data for the time it is necessary for the purpose of processing personal data, which is for as long as the customer relationship continues or a year thereafter, and when required by law.
5. Roaring and the Customer are individually responsible for ensuring that their processing of personal data is carried out in accordance with the applicable data protection regulations, at the time of entering into the agreement, Regulation (EU) 2016/679 ("Applicable Data Protection Regulations").
6. In the event that the provision of the services means that Roaring, on behalf of the Customer, processes personal data where the Customer is "responsible for personal data" in accordance with applicable data protection provisions, the personal data processing shall be regulated according to the Roaring Data Processing Agreement.

4. Technical Requirements and Limitations

1. The Customer may only connect to the Services in the way set out in Roaring's instructions and the Customer is not entitled to use any technical means to gain unauthorized access to, disturb or deactivate the Services. This includes, but is not limited to, that the Customer undertake not to introduce viruses, worms, Trojan horses or other forms of malware in the Services or on the website where the Services is provided.
2. Some data is permission based. The Customer need to apply and get approval to be able to use such data. All permission based data is displayed in the Customer account.

5. Other Requirements of Use

1. The Customer have to be 18 years of age to enter into this Agreement and to access the Services.
2. The Customer is not entitled to use the Services or the Services content for products or services which are in breach of applicable laws and regulations.
3. If the Customer have any questions regarding the limitations set out in this Agreement or if the Customer wish to use the Services in any other way than set out in this Agreement, the Customer may contact us at customer@roaring.io. Customers are however not entitled to commence such use before the Customer have received Roaring's written consent.

6. Pricing, Billing & Taxes

1. Prices for all APIs are shown in the developer site app.roaring.io, under ADMIN > Account Information > Prices.
2. Prices for Monitoring services is given upon request.
3. We calculate and bill fees and charges monthly. You will pay us the applicable fees and charges for use of the Services as described on the Roaring Sites using one of the payment methods we support.
4. All and any use in the Production environment is debited according to ordinary price list. Under no circumstance will Roaring credit any accidental use or "testing" in the Production environment. It is always the customers duty to keep track who is using authentication keys for the Sandbox respectively Production. All testing is free of charge in the Sandbox environment using provided test data.
5. Invoices are in SEK unless otherwise agreed.
6. The Customer will be informed of any raised prices by the e-mail registered in the Customer's account and on the web app.roaring.io 30 days in advance.
7. The Customers access to the Services content is subject to the Customers payment of charges, in accordance with the prices and terms of payment set out in Roaring's web page roaring.io, Pricing.
8. Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments under this Agreement.
9. All fees payable by you are exclusive of Indirect Taxes. We may charge and you will pay applicable Indirect Taxes that we are legally obligated or authorized to collect from you. You will provide such information to us as reasonably required to determine whether we are obligated to collect Indirect Taxes from you.
10. We are entitled to charge you interest at a rate of the Swedish Central Banks Repo Rate plus eight percent on all undisputed late payments.

7. Data Privacy

Roaring only process your personal data in accordance with Roaring Privacy Policy. The Privacy Policy is available on roaring.io/privacy-policy

8. Liability

1. Roaring strive to constantly improve the Services and welcome the Customer to inform Roaring of any errors or defects in the Customer user experience by sending Roaring a message to customer@roaring.io. As further specified in this section "Liability" Roaring however have limited possibilities to correct errors or defects.
2. Under no circumstances shall Roaring or Roaring's data supplier partners and authorities be held liable to a Customer for any losses, damages, liabilities, claims, costs, actions or other expenses suffered or incurred as a result of the use or provision of the Services.
3. The Customer acknowledges and agrees that Roaring or Roaring's data supplier partners and authorities shall not be liable for any delay in delivery of or failure to supply the Data or Services to the extent that any such delay or failure is due to an act or omission of the Customer or any third party provided always that Roaring shall make all reasonable efforts to supply the Services as soon as is practicable, according to Roaring Service Level Agreement.
4. The Customer acknowledges, accepts and agrees that the Data supplied by Roaring will represent or be based upon information provided by Roaring's data supplier partners and authorities whose accuracy, quality and completeness the suppliers cannot guarantee and therefore Roaring or Roaring's data supplier partners and authorities does not warrant that the Data will be accurate, complete, or fit for any particular use and may be incorrect, contain errors or omissions or be out of date.
5. The Customer is aware and accept that the Customer use the Services at its own risk and that Roaring and our partners are not liable for any indirect damage which the Customer may suffer due to its use of, respectively its inability to use the Services. In this Agreement, indirect damage shall be interpreted to mean for example loss of profit, loss of use of your products or services, reimbursement for the use of a replacing service, loss of data, costs for trouble shooting, loss of goodwill and damage due to viruses and other security related issues.
6. The Customer undertake to indemnify Roaring, Roaring's partners and employees against any claims from third parties pertaining to the Customers use of the Services in breach of this Agreement.
7. Roaring will not be liable for any loss or damage arising from unauthorized use of the Customer's account.

9. Changes

1. When Roaring release a new version of an already existing API, the old version will be marked deprecated. The old deprecated version will continue to operate normally for 6 months before we aspire to shut it down. If the customer needs the older version to function for a longer period than 6 months this can be arranged after discussion. In addition, it is important to understand that Roaring never shut down an API version that is consumed by a customer in a production account given acceptable reasons and provided that it is possible to have the older version running.
2. Section a) do not limit Roaring's ability to make changes required to (i) comply with applicable law, (ii) address a material security risk, or (iii) manage a Third-party data provider discontinuing data delivery.

10. Termination and Conditions

1. This Agreement, and the Customers license to the Services, enters into force when the Customer accepts this Agreement, and remains in force as long as Roaring provides the Services, unless previously terminated in accordance with this section "Termination and Conditions".
2. Roaring reserves the right to immediately terminate this Agreement and to discontinue the Customers use of the Services if the Customer uses the Services in breach of the provisions set out herein.
3. The Customers reserves the right to terminate this Agreement by sending a written termination to customer@roaring.io. The Agreement will then be terminated earliest at the end of the current billing period as stated on the Customer's invoice or as otherwise agreed. Any outstanding debt to Roaring shall be paid in full by the Customer.

11. Miscellaneous

1. This Agreement constitutes the entire agreement on all matters concerning the Customer's right to use the Services.
2. The Customer is not entitled to transfer its rights and obligations under this Agreement to a third party. Roaring reserves the right to, after notice to the Customer, assign the Agreement to any of Roaring's group companies or to a third party which acquires our business, in part or in its entirety.
3. This Agreement shall be governed by and construed in accordance with the laws of Sweden. Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be settled in Swedish courts of law.

Roaring Data Processing Agreement (DPA)

Last Revised Version: 2021-03-12

This Data Processing Agreement (the "Data Processing Agreement") has been entered into by

1. The entity (the company / organization / customer) who enters into an agreement with Roaring Apps AB, hereinafter referred to as "Data Controller"; and
2. Roaring Apps AB, org. no. No. 559067-2613, Propellervägen 4 B, 183 63 Täby, Sweden, hereinafter referred to as "The Data Processor".

The Data Controller and the Data Processor are hereinafter also referred to as "Party" and jointly for the "Parties".

1. Definitions

1.1 The terms "Data controller", "Data processor", "Personal data", "Registered" and other terms in this Data Processing Agreement, which are related to personal data, shall be interpreted and applied in accordance with what follows from the GDPR.

1.2 Roaring Business Agreement, Roaring Enterprise Agreement or any other agreement between Roaring Apps and another Party that involves personal data is referred to as "Roaring Agreement".

1.3 "Included personal information" refers to Personal data which is defined below and which under the Roaring Agreement is processed by the Data Processor on behalf of The Data Controller.

1.4 "Data controller" refers to the entity who, in the preamble above, is stated as Data Controller and who alone or together with others determines the purposes and means of processing the Included personal information.

1.5 "Data Processor" refers to the entity stated in the preamble above as Data processor and who deals with Included personal information on behalf of the Data Controller.

1.6 "GDPR" refers to REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation), as well as other data protection legislation that supplements or implements the general data protection regulation.

1.7"Registered" refers to the person to whom a personal data relates.

2. Background

2.1 According to the General Data Protection Regulation (EU) 2016/679 ("GDPR"), an agreement is required when a legal entity handles personal data on behalf of another legal entity. The Parties have therefore agreed to enter into this Data Processing Agreement.

2.2 The Data Controller and the Data Processor have an agreement through which Data Processor shall provide certain Services to The Data Controller (hereinafter referred to as " Roaring Agreement "). According to the Roaring Agreement, Data Processor shall provide one or more Services, which are defined in the Roaring Agreement and below (the "Services").

2.3 The Parties consider that Data Processor will process personal data on behalf of the Data Controller on the provision of the Services in accordance with the Roaring Agreement. The Data Controller must therefore be Data Controller and the Data Processor must be Data Processor according to the GDPR for the personal data processed within the framework of the provision of the Services.

3. Processing of Included personal information

3.1 Data Processor shall provide the Services to The Data Controller to the extent and in the manner described in the Roaring Agreement. Unless otherwise stated in the description of the Services in the Roaring Agreement, the Services shall include the following: Web applications, API services, Webhooks (monitoring), Plugins and Integrations that contain personal information necessary for the Data Controller to follow the GDPR and have updated customer records, be able to carry out checks required by the Money Laundering Act and otherwise be able to ensure that business is conducted in securely way with their customers.

3.2 The processing of personal data in accordance with this Data Processing Agreement covers the following categories of data subjects: The Data controller's customers, suppliers, partners, employees, consultants and end users.

3.3 The processing of personal data under this Data Processing Agreement covers the following categories of personal data: Information from National population registers that The Data Controller is authorized to obtain, name, personal identification number, title, role, e-mail address, information about PEP or RCA, connection to sanction lists and information about the real beneficiary.

3.4 The Data Controller is responsible for ensuring that Included Personal Information is accurate and updated at any given time.

3.5 Within the framework of the Services, personal data may be retrieved from providers of public records and other sources. The providers of such registers are, in relation to the Parties, independent data controllers for their respective registers and personal data in them. This means that the Data Processor can neither guarantee nor be responsible for the fact that Included Personal Information from such sources is correct or updated, which The Data Controller accepts.

3.6 Data Processor shall only process Included Personal Information in accordance with the written instructions of the Data Controller, which is mainly stated in the Roaring Agreement and this Data Processing Agreement. Data Processor shall not use or disclose Included Personal Data for any other purpose.

3.7 If the Data Processor considers that an instruction from the Data Controller is in violation of GDPR, the Data Processor shall immediately inform The Data Controller of this and await further instructions.

3.8 Data Processor shall not, without order from the relevant supervisory authority or mandatory legislation, disclose Included Personal Data to any third Party unless otherwise agreed in writing or needed for Data Processor to be able to provide the Services.

3.9 In the nature of the processing, Data Processor shall, at the request of the Data Controller, assist The Data Controller through appropriate technical and organizational measures, to the extent that this is possible, so that The Data Controller can fulfil his obligation to respond to the request for the exercise of the Registered's rights in according to the GDPR Chapter III.

3.10 The Data Processor shall assist The Data Controller in ensuring that the obligations under Articles 32-36 of the GDPR are fulfilled, taking into account the type of processing and the information available to the Data Processor.

4. Security and privacy

4.1 Data Processor shall implement and maintain appropriate technical and organizational measures in accordance with the instructions of the Data Controller. The Data Controller acknowledges that certain measures may be sensitive to technical progress and development, which is why Data Processor is given the right to implement and maintain alternative measures that achieve a corresponding or higher level of security in relation to what is instructed by the Data Controller.

4.2 If the Data Controller instructs Data Processor to take technical and / or organizational measures of such a nature that Data Processor does not consider these to be generally necessary or applicable to the other Data Processor's customers, and thus customer unique to the Data Controller, the Data Processor shall inform The Data Controller of this before the additional measures are taken. The Parties must agree on a reasonable remuneration for Data Processor to take the proposed measures.

4.3 Data Processor shall ensure that all employees, consultants and other persons that Data processor is responsible for and who deal with Included Personal Information, have undertaken to observe confidentiality or are subject to an appropriate statutory duty of confidentiality.

5 Auditing and requesting information

5.1 Data Processor shall, without undue delay, inform The Data Controller of any contacts with the Privacy Authority or any other authority that concerns or may be of importance for the processing of Included Personal Data, unless the Data Processor is prevented from providing such information to the Data Controller. Data Processor is not entitled to represent The Data Controller or in any other way act on behalf of The Data Controller against the Privacy Authority or other third Party without the written consent of the Data Controller.

5.2 The Data Controller is entitled to carry out audits himself or through well-reputed and appropriate third Parties against the Data Processor, in the least possible way possible in order to verify that the Data Processor's processing of Included Personal Information follows article 28 GDPR. In such audits or inspections, the Data Processor shall provide The Data Controller with the assistance that may reasonably be needed for the performance of the audit on the basis of the purpose. Data Processor is entitled to compensation from The Data Controller for the reasonable costs that arise as a result of such an audit or control.

6 Sub-processors

6.1 The Data Controller is aware of and accepts that Data Processor may use Sub-processors and suppliers to fulfil his obligations under the Roaring Agreement and the Data Processing Agreement (hereinafter "Sub-processors"). Included personal data, which are processed by Data Processor on behalf of the Data Controller, may also be treated by sub-processors.

6.2 Data Processor shall inform The Data Controller of any plans to employ new sub-processors or replace sub-processors, so that The Data Controller is able to object to such changes. Any objections must be notified to the Data Processor within thirty (30) days. If the Data Controller have reasonable objections, the Data Processor must consider these objections. If the Data Processor considers that it is not commercially possible and / or reasonable to consider the objections, the Data Processor has the right to terminate the Roaring Agreement and the Data Processing Agreement in writing at one (1) month notice. Such termination shall not in any circumstances be regarded as a breach of contract.

6.3 Data Processor shall have a Data Processing Agreement with each Sub-processor. In such a Data Processing Agreement, the Sub-processor shall be subject to the same obligations with respect to data protection as those laid down in this Data Processing Agreement. If the sub-processor does not fulfil his obligations with respect to data protection, Data Processor shall be fully liable to The Data Controller for the performance of the Sub-processor's obligations.

7 Data Incident

7.1 If a security incident occurs which leads to accidental or unlawful destruction, loss or alteration or to unauthorized disclosure of or unauthorized access to the Included Personal Information transmitted, stored or otherwise processed ("incident"), the Data Processor shall notify the Data Controller without unnecessary delay and at the latest 48 hours after getting to know the incident. Thereafter, the Data Processor shall assist the Data Controller with such information as may reasonably be required by the Data Controller, which The Data Controller does not possess himself, to notify the incident to the competent supervisory authority and inform the Registered.

8 Liability

8.1 If a Registered raises an action against The Data Controller for damages, which is based on an injury that has been deliberately or through gross negligence caused by Data Processor or his sub-processors in the processing of Included Personal Information, the Data Processor shall compensate the Data Controller for the damages imposed on The Data Controller by judgment in a court of law. This applies provided that The Data Controller can demonstrate that the requirement is based on the Data Processor's wilful or grossly negligent non-fulfilment of his obligations under the Data Processing Agreement.

8.2 The Parties confirm that they are responsible in accordance with their respective roles as personal data controller and data processor according to the requirements of the applicable Data Protection Regulation and this Agreement. Article 82 (5) of the General Data Protection Regulation shall apply to any recourse requirements relating to administrative penalties.

8.3 Any compensation that the Data Processor has to pay to The Data Controller in accordance with this section 8 regarding damages and / or claims for damages shall be limited per calendar year to the maximum amount of SEK 2 million covered by Roaring's Professional Liability Insurance for information and communications companies at IF Skadeförsäkring AB. The Data Processor undertakes to receive the insurance cover during the agreements contract period.

8.4 The Data Controller shall, in relation to the Data Processor, be liable for damage that affects Data Processor, provided that the claim is due to the Data Controller's inadequate instructions to the Data Processor, violation of this Data Processing Agreement or GDPR.

8.5 A Party shall avoid liability for damage if it shows that the Party is in no way responsible for the event that caused the damage.

8.6 The Data Controller is responsible for ensuring that the processing is done in accordance with the GDPR and for issuing adequate and legal instructions to Data Processor. Data Processor, processes as Data Processor personal information as received from The Data Controller and has no responsibility for any consequences of the personal data received being found to be incorrect. The Data Controller is furthermore responsible for ensuring that Included Personal Information is collected and that the Registrants are informed according to the GDPR and that a legal basis exists for the processing.

9 Compensation

9.1 Data Processor is entitled to compensation from The Data Controller for work carried out within the framework of the provisions of this Data Processing Agreement, sections 3.9, 3.10 and 5.2. Compensation may also be paid under section 4.2. Compensation under Section 11 shall be payable if the Data Controller's choice of means for returning or deleting Included Personal Data means additional work for Data Processor, however, that Data Processor shall at his own discretion offer the Data Controller a free alternative. Data Processor also has the right to compensation for work resulting from the Data Controller issuing additional instructions, modifying existing instructions or otherwise instructing the Data Processor to take measures of such nature that the Data Processor does not consider these to be generally necessary or applicable to the other Data Processor's customers.

9.2 Remuneration shall be paid in accordance with the Data Processor's price list in force at any time, excluding VAT, unless otherwise agreed in writing between the Parties.

10 Validity of the Data Processing Agreement

10.1 This Data Processing Agreement shall enter into force on the date of its signature and shall remain in force for as long as Data Processor processes the Included Personal Data to provide the Services. Termination of the agreement takes place in the manner specified in the Roaring Agreement. Date of signature is considered as the date when the Data Controller agrees to the Roaring Agreement by signing up to any of Roaring's Services as defined in the Roaring Agreement.

11 Termination of processing of personal data

11.1 In the event of termination of this Data Processing Agreement, Data Processor shall delete the Included Personal Data or return them to the Data Controller in accordance with the Data Controller's instructions and ensure that no Included Personal Data or copies thereof remain in the Data Processor's possession. If The Data Controller does not within thirty (30) days from the termination of the Roaring Agreement announce his instructions to Data Processor in accordance with this section or, within this period, requested reasonable additional time, the Data Processor shall be entitled to delete the Included Personal Information which the Data Processor continues to process.

12 Applicable law and dispute

12.1 Swedish law shall apply to this Data Processing Agreement.

12.2 Disputes regarding the interpretation or application of the Data Processing Agreement shall be settled in accordance with what is stated regarding the dispute in the Roaring Agreement.

Roaring Service Level Agreement (SLA)

Last Revised Version: 2021-03-12

This Roaring Service Level Agreement ("SLA") accompanies the Roaring General Agreement, available at app.roaring.io/signup or a successor URL (the "Agreement") entered into between you ("Customer") and Roaring. Capitalized terms used in this SLA that are not defined herein have the meanings given to them in the Agreement.

1 Target Availability

Roaring will use commercially reasonable efforts to make each Service available with an uptime of 99.8% of each calendar month ("Target Availability").

2 Exclusions

The calculation of uptime will not include unavailability to the extent due to: (a) use of the Service by Customer in a manner not authorized in this Agreement or the applicable Documentation; (b) general Internet problems, force majeure events or other factors outside of Roaring's reasonable control; (c) Customer's equipment, software, network connections or other infrastructure; (d) third party systems, acts or omissions; or (e) Service Windows or reasonable emergency maintenance.

3 Service Windows and planned downtime

"Service Windows" refer to Roaring's scheduled routine maintenance of the Services for which Roaring notifies Customer at least forty-eight (48) hours in advance. By notification we mean posting Service Windows on our web roaring.io/developer and emailing the Customer contact. Service Windows will not exceed eight (8) hours per month. Roaring typically don't have service windows unless there are major changes.

Note: Any down time in our services caused by our suppliers of data such as for example Swedish Tax Authorities or Creditsafe is regarded as Exclusions (see 2 above, (d) third party systems, acts or omissions).

4 Remedy for Failure to Meet Target Availability

The following Service Levels and consequences of breach of Service Level Availability including Credits shall apply for the Services:

To be eligible for receiving credits, the credit request must be received by us within thirty (30) days after the end of the month in which the incident occurred and must include:

1. the words "SLA Credit Request" in the subject line;
2. the dates, times, and affected Roaring service of each Unavailability incident that you are claiming; and
3. your request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

All credit requests shall be sent to customer@roaring.io

If there is a verified failure of a Service to meet Target Availability in two (2) consecutive months the Customer can, by using written notice of termination within thirty (30) days after the end of the second such month, retrieve a refund of up to 25% of any fees Customer has paid for use of the Service that has failed. The percentage of credit refund stated by Service availability together with the termination and refund right is the Customer's sole and exclusive remedy, and Roaring's sole and exclusive liability, for Roaring's failure to meet the Target Availability.