CUBEX Disclaimer

‍Customer acknowledges and agrees: (i) Cubex products and services are not a total and complete legal and/or regulatory compliance solution, (ii) Cubex is not making and has not made any representation, warranty or covenant to Customer that the Cubex products and services ensure Customer will be in compliance with all applicable laws and regulations, and Cubex specifically hereby disclaims any such representation, warranty or covenant, (iii) Cubex does not guarantee and has not guaranteed a particular outcome by use of the Cubex products and services, (iv) Cubex employees and agents are not attorneys or legal or regulatory experts and, as a result, any information, recommendations and/or observations provided to Customer by Cubex employees or agents shall not be taken by Customer as, or otherwise be deemed to be, legal, regulatory or expert advice, (v) Customer acknowledges and agrees that it is responsible for consulting with its own legal counsel, third-party consultants and/or advisors regarding matters requiring legal or expert advice, including, without limitation, related to the management of controlled substances, and Cubex hereby advises Customer to do so and (vi) following the installation and implementation of Cubex products and services, Customer is responsible for notifying Cubex of any changes and/or issues that may arise which require assistance from Cubex in order for Cubex to be able to provide the products and services in a manner that is most beneficial to Customer; including, but not limited to, the following: (1) any change in the DEA Registrant of record ordering controlled substances; (2) any change in the FDA requirements/compliance of a particular facility; (3) relocation and/or closing of operations involving the transfer or destruction of controlled substance inventory; (4) any change in authorized personnel managing specific tasks that involve a Cubex product or service (e.g., a new Hospital Manager, Director, Administrator etc. that would require additional support and/or training from Cubex); (5) functionality issues with the Cubex products or services; and (6) changes in operational scope (e.g., adding ambulatory services requiring controlled substances to be transported offsite from the primary registered inventory location for patient care).