Common use of Limitations of Liability Clause in Contracts

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTNOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, ITS MEMBERSHOTSCHEDULES WILL NOT, OFFICERSUNDER ANY CIRCUMSTANCES, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU SUBSCRIBER OR ANYONE ELSE ANY OF ITS AFFILIATES FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVESPECIAL, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY DAMAGES ARISING OUT OF OR RELATED TO USE THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS, EVEN IF HOTSCHEDULES IS APPRISED OR SHOULD HAVE KNOWN OF THE AZHDR EXCEED $50.00LIKELIHOOD OF SUCH DAMAGES OCCURRING. UNDER NO CIRCUMSTANCES WILL HOTSCHEDULES' TOTAL LIABILITY OF ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE KIND ARISING OUT OF OR IN RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE)TORT, OR OTHERWISE, AND REGARDLESS EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY SUBSCRIBER TO HOTSCHEDULES UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF WHETHER SUCH DAMAGES, THE EVENT GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT INCREASE THIS LIMIT. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, CAUSES DISCLAIMER OF ACTION WARRANTIES, OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY HOTSCHEDULES TO SUBSCRIBER AND IS AN ESSENTIAL ELEMENT OF THE POSSIBILITY BASIS OF SUCH DAMAGES, LIABILITY, CAUSES THE BARGAIN BETWEEN THE PARTIES. EACH OF ACTION OR CLAIMSTHESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 8 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT.

Limitations of Liability. YOU UNDERSTAND AND THIRD PARTIES MAY INADVERTENTLY OR FOR FRAUDULENT OR IMPROPER PURPOSES GENERATE AD IMPRESSIONS, USER VIEWS, OR AD CLICKS (“THIRD-PARTY ACTIVITY”), WHICH MAY IMPACT THE PERCEIVED EFFECTIVENESS OF AD PROGRAMS. CLIENT ACCEPTS THE RISK OF THIRD-PARTY ACTIVITY WITHOUT LIABILITY TO AGENCY. AS SUCH, THE PARTIES HERETO AGREE THAT HEALTH CURRENTAGENCY HAS NO LIABILITY FOR CLAIMS ARISING FROM OR IN CONNECTION WITH THIRD-PARTY ACTIVITY EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW. EXCEPT AS PROVIDED PURSUANT TO APPLICABLE LAW, AGENCY’S MAXIMUM AGGREGATE LIABILITY UNDER THE AGREEMENT AND THESE TERMS IS THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO AGENCY HEREUNDER DURING THE SPECIFIED CAMPAIGN PERIOD. NEITHER PARTY NOR ITS MEMBERSRESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, DIRECTORS, REPRESENTATIVESMANAGERS, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), AGENTS OR REPRESENTATIVES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)CONSEQUENTIAL, PUNITIVESPECIAL, OR EXEMPLARY DAMAGES, PENALTIESDAMAGES (INCLUDING LOSS OF PROFITS OR REVENUE, OR SPECIAL LIABILITY INTERRUPTION OF BUSINESS) ARISING OUT OF FROM, RELATED TO, OR IN ANY WAY CONNECTED CONNECTION WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF THE AGREEMENT, THE AD PROGRAMS, THE SITES, OR RELATED TO USE THESE TERMS, REGARDLESS OF THE AZHDR EXCEED $50.00. ANY CAUSE THEORY OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH IN THIS SECTION VIII SHALL APPLY REGARDLESS OF WHETHER THE LIABILITY ARISES OUT OF BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY. NEITHER PARTY SHALL BE LIABLE FOR NON-PERFORMANCE OR DELAY IN PERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, CAUSES PROVIDED THAT SUCH PARTY USES COMMERCIALLY REASONABLE EFFORTS TO MITIGATE THE EFFECT OF ACTION SUCH NON-PERFORMANCE OR CLAIMSDELAY AND TO RESUME FULL PERFORMANCE HEREUNDER AS SOON AS PRACTICABLE.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE MAXIMUM EXTENT PERMITTED BY LAW, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL MARKETING 360® SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)SPECIAL, PUNITIVEEXEMPLARY, OR EXEMPLARY PUNITIVE DAMAGES, PENALTIESLOST PROFITS OR REVENUES, OR SPECIAL LIABILITY DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY WAY CONNECTED WITH AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT FOR YOUR DOCUMENT SUBMISSIONS. LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE INDEMNIFICATION SECTION AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY SHALL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE THIS AGREEMENT, WHETHER ARISING OUT OF OR IN ANY WAY CONNECTED RELATED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISEOTHERWISE EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO MARKETING 360® FOR THE SERVICES SOLD HEREUNDER. WITHOUT LIMITING THE FOREGOING, MARKETING 360® IS NOT RESPONSIBLE FOR ANY DAMAGES DUE TO ANY CONTENT, OMISSIONS, OR ERRONEOUS DATA APPEARING IN CLIENT’S WEBSITE, BLOGS, OR ON SOCIAL MEDIA OR ANY LOSS, DAMAGE, CORRUPTION, OR BREACH OF CLIENT DATA WITHIN CLIENT’S MARKETING 360® ACCOUNT. WE FURTHER DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE IN CONJUNCTION WITH THESE SERVICES. YOU UNDERSTAND AND REGARDLESS AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF WE WOULD NOT PROVIDE THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSSERVICES TO YOU.

Limitations of Liability. YOU UNDERSTAND HGST’S OBLIGATION UNDER THIS OR ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, IS LIMITED TO REPAIR, REPLACEMENT OR REFUND, AS SET FORTH ABOVE. THESE REMEDIES ARE HGST’S ONLY OBLIGATION AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR THE SOLE AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE EXCLUSIVE REMEDIES FOR ANY BREACH OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HGST IS NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT BREACH OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESWARRANTY, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)OR ANY OTHER LEGAL THEORY INCLUDING, WITHOUT LIMITATION, LOSS OF PRODUCTIVITY, LOST PROFITS, LOSS OF GOODWILL, DAMAGE TO OR REPLACEMENT OF REAL OR PERSONAL PROPERTY, OR OTHERWISEANY COSTS OF RECOVERING, AND REGARDLESS OF WHETHER SUCH DAMAGESREPROGRAMMING, LIABILITYOR REPRODUCING ANY PROGRAM OR DATA STORED IN THE PRODUCT OR IN A COMPUTER SYSTEM INCORPORATING THE PRODUCT, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF HGST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, LIABILITYAND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY STATE OR JURISDICTION. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, CAUSES OF ACTION SO THE ABOVE LIMITATIONS OR CLAIMSEXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL HGST’S TOTAL LIABILITY EXCEED THE ORIGINAL PURCHASE PRICE PAID FOR THE PRODUCT.

Limitations of Liability. YOU UNDERSTAND 11.1 WE AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR OUR AFFILIATES AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), THIRD PARTY LICENSORS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)SPECIAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGESDAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, PENALTIESGOODWILL, USE, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCEDATA), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, LIABILITYNEITHER WE NOR ANY OF OUR AFFILIATES OR THIRD PARTY LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, CAUSES REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (i) YOUR INABILITY TO USE THE SERVICES OR LICENSOR PRODUCTS, INCLUDING AS A RESULT OF ACTION ANY (a) TERMINATION OR CLAIMSSUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES OR LICENSOR PRODUCTS, (b) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICES OR LICENSOR PRODUCTS, OR, (c) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SLAS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (iii) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES OR LICENSOR PRODUCTS; OR (iv) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, OUR AND OUR AFFILIATES’ AND THIRD PARTY LICENSORS’ TOTAL, AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 3 MONTH PERIOD PRECEDING THE CLAIM.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE MAXIMUM EXTENT PERMITTED BY LAW, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL MARKETING 360 SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR LOST PROFITS)DIMINUTION IN VALUE, PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY WAY CONNECTED WITH AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT FOR YOUR DOCUMENT SUBMISSIONS. LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE INDEMNIFICATION SECTION AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY SHALL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE THIS AGREEMENT, WHETHER ARISING OUT OF OR IN ANY WAY CONNECTED RELATED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO MARKETING 360 FOR THE SERVICES SOLD HEREUNDER. WITHOUT LIMITING THE FOREGOING, MARKETING 360 IS NOT RESPONSIBLE FOR ANY DAMAGES DUE TO CONTENT, OMISSIONS OR ERRONEOUS DATA APPEARING IN CLIENT’S WEBSITE, BLOGS OR ON SOCIAL MEDIA.WE FURTHER DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE IN CONJUNCTION WITH THESE SERVICES. YOU UNDERSTAND AND REGARDLESS AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF WE WOULD NOT PROVIDE THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSSERVICES TO YOU.

Limitations of Liability. YOU UNDERSTAND WE AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR OUR AFFILIATES AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), LICENSORS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST REVENUES DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR LOST PROFITSDATA), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, LIABILITYNEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, CAUSES REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ACTION ANY (I) TERMINATION OR CLAIMSSUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SERVICE LEVEL AGREEMENTS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, EXCEPT FOR PAYMENT OBLIGATIONS UNDER SECTION 9.2, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE. THE LIMITATIONS IN THIS SECTION 11 APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTUNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE WHETHER IN THE AGREEMENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS IN TORT (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”INCLUDING GROSS NEGLIGENCE), WILL NOT BE LIABLE TO YOU UNDER ANY WARRANTY OR ANYONE ELSE OTHERWISE, FOR ANY INDIRECT, INCIDENTALSPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES DAMAGES OR LOST PROFITS), PUNITIVEFOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR EXEMPLARY DAMAGES, PENALTIESANY LOSS OF PROFITS OR REVENUES, OR SPECIAL LIABILITY ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN ANY WAY CONNECTED CONNECTION WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNELTHE PRODUCT OR SELLER’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)PERFORMANCE UNDER, OR OTHERWISEBREACH OF, AND REGARDLESS OF WHETHER SUCH DAMAGESTHIS AGREEMENT, LIABILITY, CAUSES OF ACTION EVEN IF THE BUYER OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, CAUSES THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF ACTION LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR CLAIMSEXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8.1.

Limitations of Liability. YOU UNDERSTAND UNLESS APPLICABLE LAW OTHERWISE REQUIRES, SELLER’S AND AGREE THAT HEALTH CURRENTANY VENDOR’S TOTAL LIABILITY TO BUYER, ITS MEMBERSBUYER’S CUSTOMERS OR TO ANY OTHER PERSON, OFFICERSRELATING TO ANY PURCHASES GOVERNED BY THESE TERMS & CONDITIONS, DIRECTORSFROM THE USE OF THE GOODS FURNISHED OR FROM ANY ADVICE, REPRESENTATIVESINFORMATION OR ASSISTANCE PROVIDED BY SELLER (BY ANY METHOD, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”INCLUDING A WEB SITE), WILL NOT IS LIMITED TO THE PRICE OF THE GOODS GIVING RISE TO THE CLAIM. NEITHER SELLER NOR ITS VENDORS SHALL BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECTSPECIAL, INCIDENTAL, DIRECT, CONSEQUENTIAL OR PENAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST REVENUES INCLUDING, BUT NOT LIMITED TO BACKCHARGES, LABOR COSTS, COSTS OF REMOVAL, REPLACEMENT, TESTING OR LOST PROFITS)INSTALLATION, PUNITIVELOSS OF EFFICIENCY, LOSS OF PROFITS OR EXEMPLARY DAMAGESREVENUES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT LOSS OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00GOODS OR ANY ASSOCIATED GOODS, DAMAGE TO ASSOCIATED GOODS, LATENESS OR DELAYS IN DELIVERY, UNAVAILABILITY OF GOODS, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES OR SERVICES, DOWNTIME, OR CLAIMS FROM BUYER’S CUSTOMERS OR OTHER PARTIES). IF SELLER FURNISHES BUYER WITH ADVICE OR OTHER ASSISTANCE WHICH CONCERNS ANY CAUSE OF ACTION GOODS SUPPLIED HEREUNDER, OR CLAIM YOU ANY SYSTEM OR EQUIPMENT IN WHICH ANY SUCH GOODS MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLEINSTALLED, AND YOU AGREE WHICH IS NOT REQUIRED PURSUANT TO SEEK THESE TERMS & CONDITIONS, THE FURNISHING OF SUCH ADVICE OR ASSISTANCE WILL NOT SUBJECT SELLER TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, ANY LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), ) OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSOTHER GROUNDS.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE MAXIMUM EXTENT PERMITTED BY LAW, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL MARKETING 360® SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)SPECIAL, PUNITIVEEXEMPLARY, OR EXEMPLARY PUNITIVE DAMAGES, PENALTIESLOST PROFITS OR REVENUES, OR SPECIAL LIABILITY DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY WAY CONNECTED WITH AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT FOR YOUR DOCUMENT SUBMISSIONS. LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE INDEMNIFICATION SECTION AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY SHALL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE THIS AGREEMENT, WHETHER ARISING OUT OF OR IN ANY WAY CONNECTED RELATED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISEOTHERWISE EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO MARKETING 360® IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM. WITHOUT LIMITING THE FOREGOING, MARKETING 360® IS NOT RESPONSIBLE FOR ANY DAMAGES DUE TO ANY CONTENT, OMISSIONS, OR ERRONEOUS DATA APPEARING IN CLIENT’S WEBSITE, BLOGS, OR ON SOCIAL MEDIA OR ANY LOSS, DAMAGE, CORRUPTION, OR BREACH OF CLIENT DATA WITHIN CLIENT’S MARKETING 360® ACCOUNT. WE FURTHER DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE IN CONJUNCTION WITH THESE SERVICES. YOU UNDERSTAND AND REGARDLESS AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF WE WOULD NOT PROVIDE THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSSERVICES TO YOU.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT NO PARTY SHALL BE LIABLE TO YOU (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, EQUITY, OR ANYONE ELSE OTHERWISE) FOR ANY SPECIAL, INDIRECT, INCIDENTALPUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, INCLUDING LOST PROFITS AND ANY OTHER DAMAGES WHICH CANNOT BE READILY ASCERTAINED AND QUANTIFIED, FOR ANY BREACH OF A REPRESENTATION OR WARRANTY UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT IF, AFTER THE INVESTOR SHALL HAVE ACTUALLY FUNDED ITS INVESTOR INITIAL FUNDING DATE CONTRIBUTION IN RESPECT OF THE FACILITY COMPANY, ANY PART OF THE ITC IS LOST, REDUCED, RECAPTURED, DISALLOWED OR NOT CLAIMED BECAUSE CLASS B MEMBER OR ITS AFFILIATE, PERSON WITH A DIRECT OR INDIRECT INTEREST THEREIN OR ANY FACILITY ENTITY BREACHES ANY REPRESENTATION, WARRANTY, COVENANT OR OBLIGATION, ANY FEDERAL TAX DETRIMENTS SUFFERED AS RESULT OF SUCH RECAPTURE, LOSS, REDUCTION, DISALLOWANCE OR INABILITY TO CLAIM (INCLUDING WITHOUT LIMITATION LOST REVENUES LIMITATION, RECOMPUTATION OF TAX, CHANGE IN DISTRIBUTIVE SHARE OF TAX DEPRECIATION OR LOST PROFITS), PUNITIVE, TAXABLE INCOME OR EXEMPLARY DAMAGESLOSS, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSINTEREST AND ADDITIONS TO TAX) SHALL NOT CONSTITUTE CONSEQUENTIAL DAMAGES. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE THE OBLIGATIONS OF THE AZHDR EXCEED $50.00. PARTIES UNDER THIS AGREEMENT ARE OBLIGATIONS OF THE PARTIES ONLY AND NO RECOURSE SHALL BE AVAILABLE UNDER THIS AGREEMENT AGAINST ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESOFFICER, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLEDIRECTOR, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLEMANAGER, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGESMEMBER, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)PARTNER, OR OTHERWISE, AND REGARDLESS AFFILIATE OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS.ANY PARTY. [SIGNATURE PAGE FOLLOWS]

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, IN NO EVENT SHALL THE COMPANY OR ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVESAGENTS, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELYDIRECTORS OR OFFICERS OR ANY THIRD PARTY PROVIDERS, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE LICENSORS OR SUPPLIERS HAVE ANY LIABILITY TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLEOTHER THIRD PARTY, AND YOU AGREE NOT TO SEEK RELEASE AND HOLD THE COMPANY AND ITS AGENTS, EMPLOYEES, AFFILIATES, DIRECTORS AND OFFICERS AND ANY THIRD PARTY PROVIDERS, LICENSORS AND SUPPLIERS HARMLESS FROM, ANY LIABILITY ARISING FROM (A) ANY DELAYS IN THE PERFORMANCE OF THE SERVICES; (B) ANY THIRD PARTY SOFTWARE; (C) THE PERFORMANCE OF THE SERVICES, EXCEPT AND ONLY TO HOLD THEM LIABLETHE EXTENT THAT THE COMPANY IS GROSSLY NEGLIGENT IN PERFORMING THE SERVICES; OR (D) CONSEQUENTIAL, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGESEXEMPLARY, LIABILITYINCIDENTAL, CAUSES OF ACTION SPECIAL OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE PUNITIVE DAMAGES EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATE STATUTES MAY APPLY RESTRICTIONS REGARDING LIMITATIONS ON LIABILITY. THE SOLE AND MAXIMUM LIABILITY OF THE COMPANY AND ITS AGENTS, LIABILITYEMPLOYEES, CAUSES AFFILIATES, DIRECTORS, OFFICERS AND THIRD PARTY PROVIDERS, LICENSORS AND SUPPLIERS, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS WHATSOEVER, WHETHER BASED ON BREACH OF ACTION CONTRACT, BREACH OF WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR CLAIMSOTHERWISE, SHALL BE LIMITED TO THE AMOUNT THAT YOU PAID FOR THE SERVICES WITHIN THE THREE MONTHS IMMEDIATELY PRECEDING THE INITIAL CLAIM MADE BY YOU IN WHICH THE COMPANY IS LIABLE TO YOU FOR SUCH CLAIM. YOU ACKNOWLEDGE THAT THE COMPANY HAS SET ITS FEES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH IN THIS AGREEMENT AND THAT THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF PORTIONS OF THIS AGREEMENT ARE FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

Limitations of Liability. YOU UNDERSTAND WE AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR OUR AFFILIATES AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), LICENSORS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST REVENUES DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR LOST PROFITSDATA), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, LIABILITYNEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, CAUSES REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ACTION ANY (I) TERMINATION OR CLAIMSSUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SERVICE LEVEL AGREEMENTS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, EXCEPT FOR PAYMENT OBLIGATIONS UNDER SECTION 9.2, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT8.1 CUSTOMER ASSUMES THE ENTIRE COST OF ANY DAMAGES RESULTING FROM CUSTOMER’S USE OF THE SUBSCRIPTION SERVICE, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS EMBEDDED TECHNOLOGY OR INTEGRATED SERVICES (COLLECTIVELY, THE “HEALTH CURRENT PERSONNELSERVICES”), WILL NOT BE LIABLE THE INFORMATION CONTAINED IN OR COMPILED IN THE SERVICES, THE INTERACTION (OR FAILURE TO YOU INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES SOFTWARE WHETHER PROVIDED BY COMPANY OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSA THIRD PARTY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY THE COMPANY OR ITS SUPPLIERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, EXEMPLARY, INDIRECT, RELIANCE, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, REVENUE OR SAVINGS, BUSINESS INTERRUPTION, BUSINESS OPPORTUNITIES, LOSS OR CORRUPTION OF BUSINESS INFORMATION OR ANY PERSONAL OR CUSTOMER DATA, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE DISRUPTION, IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS, OR LOSS OF LIFE) ARISING OUT OF OR RELATED RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE USE OR INABILITY TO USE THE SERVICES, OR THE INCOMPATIBILITY OF THE AZHDR EXCEED $50.00. SERVICES WITH ANY CAUSE HARDWARE, SOFTWARE OR USAGE, REGARDLESS OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE LEGAL THEORY UNDER WHICH SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL DAMAGES ARE NOT LIABLESOUGHT, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR EVEN IF THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, LIABILITYOR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF ANY EXCLUSION, CAUSES DISCLAIMER OR OTHER PROVISION CONTAINED IN THIS AGREEMENT IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF ACTION COMPETENT JURISDICTION OR CLAIMSARBITRATOR AND THE COMPANY BECOMES LIABLE THEREBY FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED THE COMPANY’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE TOTAL AMOUNT PAID IN SUBSCRIPTION FEES TO THE COMPANY UNDER THIS AGREEMENT FOR THE THREE MONTHS PRIOR TO A CLAIM OF DAMAGES BEING BROUGHT BY CUSTOMER WHETHER IN CONTRACT, TORT OR OTHERWISE.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTIn the event of Socket Mobile’s breach of this Agreement, ITS MEMBERSYour sole remedy shall be the termination of this Agreement. NOT WITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL SOCKET MOBILE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE YOU, YOUR AFFILIATES, AND END USERS FOR ANY INDIRECTDAMAGES/LOSSES WHATSOEVER ARISING OUT OF, INCIDENTALIN CONNECTION WITH, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVERELATING TO, OR EXEMPLARY DAMAGESRESULTING FROM THIS AGREEMENT, PENALTIESINCLUDING BUT NOT LIMITED TO SOCKET MOBILE SOFTWARE OR ANY PORTIONS THEREOF, OR SPECIAL LIABILITY ARISING OUT SOCKET MOBILE’S LICENSE GRANT OF OR IN ANY WAY CONNECTED WITH SOCKET MOBILE SOFTWARE, YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT EXERCISE OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLERIGHTS UNDER THIS AGREEMENT, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIESYOUR APPLICATION(S). THE FOREGOING LIMITATIONS WILL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO ANY AND ALL DAMAGES/LOSSES, HOWEVER CAUSED , WHETHER SUCH DAMAGESIMPOSED BY CONTRACT, LIABILITYLAW, CAUSES STATUTE, OR AS A RESULT OF A COURSE OF DEALING, CUSTOM, USEAGE OR OTHERWISE, REGARDLESS OF THE FORM OF ACTION OR CLAIMS ARISE OUT OF BREACH THAT MAY BE BROUGHT AGAINST SOCKET MOBILE,WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, PROPRIETARY OR INTELLECTUAL RIGHTS, OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF SOCKET MOBILE HAS BEEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOCKET MOBILE’S AGGREGATE LIABILITY TO THE YOU UNDER THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF THE AMOUNTS PAYABLE, LIABILITYOR ACTUALLY PAID, CAUSES OF ACTION OR CLAIMSBY YOU TO SOCKET MOBILE UNDER THIS AGREEMENT.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTIN NO EVENT WILL VCC OR ITS SUPPLIERS BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, ITS MEMBERSLOSS OF USE, OFFICERSLOSS OF REVENUE, DIRECTORSLOSS OF GOODWILL, REPRESENTATIVESANY INTERRUPTION OF BUSINESS, EMPLOYEESOR FOR ANY INDIRECT, AGENTSSPECIAL, AFFILIATESINCIDENTAL, VENDOR AND BUSINESS PARTNERS EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (COLLECTIVELY, “HEALTH CURRENT PERSONNELDAMAGES”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ) ARISING OUT OF OR IN ANY WAY CONNECTED CONNECTION WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF THE AGREEMENT OR RELATED TO USE THE PRODUCTS REGARDLESS OF THE AZHDR EXCEED $50.00FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF VCC HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. VCC’S TOTAL CUMULATIVE LIABILITY FOR ANY CAUSE OF ACTION LOSSES OR CLAIM YOU MAY HAVE ANY DIRECT DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER CONNECTION WITH THE CAUSE AGREEMENT OR THE PRODUCTS REGARDLESS OF ACTION ACCRUESTHE FORM OF ACTION, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF IN CONTRACT, TORT (INCLUDING NEGLIGENCE)TORT, STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION EVEN IF VCC HAS BEEN ADVISED OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITYWILL NOT EXCEED THE AMOUNT PAYABLE BY BUYER TO VCC FOR THE PRODUCTS PURCHASED PURSUANT TO THE ORDER, CAUSES OR THE AMOUNT PAID BY BUYER, IF THE CLAIM IS BROUGHT BY BUYER. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THE FOREGOING REMEDIES ARE EXCLUSIVE, AND BUYER WAIVES AND RELEASES ALL OTHER WARRANTIES, OBLIGATIONS, AND LIABILITIES OF ACTION VCC AND ALL OTHER REMEDIES, CLAIMS, AND RIGHTS THAT BUYER MAY HAVE RELATING IN ANY WAY TO THE PRODUCTS COVERED BY THESE TERMS AND CONDITIONS, WHETHER ARISING FROM CONTRACT, WARRANTY, STRICT LIABILITY OR CLAIMSTORT OR FROM OUR NEGLIGENCE, TORT, OR OTHER FAULT, INCLUDING CLAIMS FOR LOSS OF OR DAMAGE TO THE PRODUCTS.

Limitations of Liability. YOU UNDERSTAND 9.1 CHCíS ONLY REPRESENTATIONS AND AGREE THAT WARRANTIES ARE THOSE SET FORTH IN ARTICLE 9 OF THIS AGREEMENT, AND CHC EXPLICITLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. CHC DOES NOT GUARANTEE THE PAYMENT OR THE TIMING OF PAYMENT OF ANY CLAIMS SUBMITTED THROUGH THE CHC SERVICES. PAYMENT REMAINS THE RESPONSIBILITY OF THE PARTICULAR PAYER OF HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, CARE SERVICES AND/OR SUPPLIER TO WHICH THE VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSVENDORíS CUSTOMER IS SUBMITTING. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF SHALL CHC BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE SPECIAL DAMAGES EVEN IF CHC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHCíS AGGREGATE LIABILITY TO VENDOR AND VENDORíS CUSTOMERS UNDER THIS AGREEMENT AND WITH RESPECT TO CHC SERVICES, LIABILITYAND CHC MATERIALS FURNISHED HEREUNDER (WHETHER UNDER CONTRACT, CAUSES TORT OR ANY OTHER THEORY OF ACTION LAW OR CLAIMSEQUITY) SHALL NOT EXCEED, UNDER ANY CIRCUMSTANCES, THE LESSER OF (A) THE PRICE PAID BY VENDOR TO CHC FOR THE PARTICULAR CHC SERVICES, AND/OR CHC MATERIALS DURING THE ONE (1) YEAR PRECEDING VENDORíS CLAIM; OR (B) $10,000. THE FOREGOING LIMITATION OF LIABILITY REPRESENTS THE ALLOCATION OF RISK OF FAILURE BETWEEN THE PARTIES AS REFLECTED IN THE PRICING HEREUNDER AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.

Limitations of Liability. YOU UNDERSTAND NICE AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AFFILIATES AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), LICENSORS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE LICENSEE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST REVENUES DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR LOST PROFITSDATA), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, LIABILITYNEITHER NICE NOR ANY OF ITS AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, CAUSES REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SOFTWARE, INCLUDING AS A RESULT OF ACTION ANY (I) TERMINATION OR CLAIMSEXPIRATION OF THIS XXXX OR YOUR USE OF OR ACCESS TO THE SOFTWARE OR, (II) ANY ERROR OR UNANTICIPATED INTERUPTION IN THE OPERATION OF THE SOFTWARE FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY LICENSEE IN CONNECTION WITH THIS XXXX OR YOUR USE OF OR ACCESS TO THE SOFTWARE; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, NICE AND ITS AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS XXXX WILL NOT EXCEED THE AMOUNT LICENSEE ACTUALLY PAID US FOR THE SOFTWARE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTEXCEPT FOR THE REMEDIES SPECIFICALLY PROVIDED IN THIS LIMITED WARRANTY, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT UNDER NO CIRCUMSTANCES SHALL PWT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES BECAUSE OF THE FAILURE OF PWT TREATED™ LVL, OR FOR ANY CLAIMED DEFECT IN CONNECTION THEREWITH, INCLUDING BUT NOT LIMITED TO ANY DAMAGES BECAUSE OF DAMAGE OR HARM TO OR LOSS OF OTHER PROPERTY, LOSS OF TIME, LOSS OF USE, LOST PROFITS, LOST REVENUE, LOST GOODWILL, BUSINESS INTERRUPTION, LABOR COSTS, MATERIAL COSTS, INVESTIGATION COSTS, TESTING COSTS, COSTS OF INSTALLATION OR REINSTALLATION, ATTORNEYS’ FEES, EXPERT FEES, PERSONAL INJURY (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITSBUT NOT LIMITED TO DEATH), PUNITIVEDAMAGE TO REAL OR PERSONAL PROPERTY, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLETEMPORARY LIVING EXPENSES, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLEANY AND ALL OTHER SIMILAR COSTS AND EXPENSES, WHETHER SUCH DAMAGES ARE SOUGHT IN CONTRACT, IN TORT OR OTHERWISE. EXCEPT FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGESSPECIFIC WARRANTY COVERAGE SET FORTH IN THIS LIMITED WARRANTY, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISEPWT DOES NOT MAKE, AND REGARDLESS HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO PWT TREATED™ LVL, AND/OR THE PERFORMANCE, APPLICATION OR USE THEREOF, AND ALL SUCH DAMAGESOTHER REPRESENTATIONS AND WARRANTIES, LIABILITYINCLUDING BUT NOT LIMITED TO, CAUSES THE IMPLIED WARRANTIES OF ACTION MERCHANTABILITY AND/OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGESFITNESS FOR A PARTICULAR PURPOSE, LIABILITYARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. Some States or Provinces do not allow the exclusion or limitation of incidental or consequential damages, CAUSES OF ACTION OR CLAIMSso the above limitation or exclusion may not apply to Purchaser. This warranty gives Purchaser specific legal rights, and Purchaser may also have other rights that vary from State to State or Province to Province.

Limitations of Liability. YOU UNDERSTAND NO CONSEQUENTIAL-TYPE DAMAGES. Bolt AND AGREE THAT HEALTH CURRENTOUR LICENSORS, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVESAGENTS, EMPLOYEES, AGENTSOFFICERS AND/OR THIRD-PARTY VENDORS (“ Bolt PARTIES”) ARE NOT LIABLE FOR CONSEQUENTIAL, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)SPECIAL, EXEMPLARY, PUNITIVE, OR EXEMPLARY DAMAGESENHANCED DAMAGES WHATSOEVER, PENALTIESINCLUDING DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR SPECIAL LIABILITY ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY ARISING OUT OF OF, OR RELATING TO, OR IN ANY WAY CONNECTED CONNECTION WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT THIS AGREEMENT AND THE SERVICES, REGARDLESS OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1I) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGESDAMAGES WERE FORESEEABLE, LIABILITY, CAUSES OF ACTION (II) WHETHER OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. • ABSOLUTE LIMITATION OF LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE Bolt PARTIES ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICES, CAUSES WHETHER ARISING OUT OF ACTION OR CLAIMSRELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID TO Bolt FOR THE SERVICES DURING THE PREVIOUS MONTH OR $500, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE THIS SECTION APPLIES TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL LIABILITY UNDER CONTRACT (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACTWARRANTY), TORT (INCLUDING NEGLIGENCENEGLIGENCE AND/OR STRICT LIABILITY), AND ANY OTHER LEGAL OR OTHERWISEEQUITABLE FORM OF CLAIM. IF YOU INITIATE ANY CLAIM, ACTION, SUIT, ARBITRATION, OR OTHER PROCEEDING UNDER THIS AGREEMENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THAWTE SHALL NOT BE LIABLE FOR (I) ANY LOSS OF PROFIT, BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS, OR (II) ANY INDIRECT OR CONSEQUENTIAL LOSS. THAWTE'S TOTAL LIABILITY FOR DAMAGES SUSTAINED BY YOU AND ANY THIRD PARTY FOR ANY USE OR RELIANCE ON A CERTIFICATE SHALL BE LIMITED, IN THE AGGREGATE, TO THE LARGER OF: USD$2,000 OR TWO TIMES THE AMOUNT PAID FOR THE CERTIFICATE. THE LIABILITY LIMITATIONS PROVIDED IN THIS SECTION SHALL BE THE SAME REGARDLESS OF WHETHER SUCH DAMAGESTHE NUMBER OF DIGITAL SIGNATURES, LIABILITYTRANSACTIONS, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE RELATED TO SUCH CERTIFICATE. NOTWITHSTANDING THE FOREGOING, THAWTE’S LIABIILTY SHALL NOT BE LIMITED UNDER THIS SECTION IN CASES OF PERSONAL INJURY OR HEALTH CURRENT PERSONNEL WERE ADVISED DEATH ARISING FROM THAWTE’S NEGLIGENCE OR TO ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED BY APPLICABLE LAW (INCLUDING MANDATORY LAWS OF ANY APPLICABLE JURISDICTION). TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITY LIMITATIONS, SOME OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL COMPANY SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGE TO, OR LOSS OF, ANY CUSTOMER EQUIPMENT, SOFTWARE, FIRMWARE OR DATA, RESULTING FROM ANY CAUSE OTHER THAN FROM THE WILLFUL MISCONDUCT OF COMPANY. UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO CUSTOMER OR ANY THIRD PARTY CLAIMING BY OR THROUGH CUSTOMER (INCLUDING ANY END USER OR ANY OTHER PERSON ACCESSING THE SERVICES BY OR THROUGH CUSTOMER) FOR ANY PUNITIVE, INDIRECT, INCIDENTALCONSEQUENTIAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION SPECIAL, OR OTHER SIMILAR DAMAGES; INCLUDING, BUT NOT LIMITED TO, LOST REVENUES OR REVENUE, LOST PROFITS), PUNITIVELOST SALES, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA, OR EXEMPLARY DAMAGES, PENALTIES, INTERRUPTION OR SPECIAL LIABILITY ARISING OUT LOSS OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF SERVICE OR EQUIPMENT, EVEN IF COMPANY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN, OF THE AZHDR EXCEED $50.00. ANY CAUSE POSSIBILITY OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. UNDER NO CIRCUMSTANCES, AND REGARDLESS OF WHETHER SUCH THE LEGAL THEORY, WILL COMPANY’S LIABILITY TO CUSTOMER FOR DIRECT DAMAGES, LIABILITYCOSTS OR OTHER LIABILITIES EXCEED THE CUMULATIVE AMOUNT OF FEES PAID BY CUSTOMER HEREUNDER DURING THE (THREE) 3-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE SUCH CLAIM AROSE. THE PARTIES ACKNOWLEDGE THAT COMPANY HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSBARGAIN BETWEEN THE PARTIES.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOKIA, ITS MEMBERS, AFFILIATES (INCLUDING THE OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AND REPRESENTATIVES OR NOKIA OR ITS AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT LICENSORS, RESELLERS OR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE BUYER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIESINCIDENTAL, OR SPECIAL LIABILITY ARISING OUT DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM MALICIOUS SOFTWARE, LOSS OF USE, DATA OR IN PROFITS (HOWEVER CAUSED AND UNDER ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT THEORY OF OR RELATED TO USE OF LIABILITY), EVEN IF NOKIA, ITS AFFILIATES (INCLUDING THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESOFFICERS, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLEDIRECTORS, EMPLOYEES, AGENTS, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION REPRESENTATIVES OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCENOKIA OR ITS AFFILIATES), LICENSORS, RESELLERS OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NOKIA’S, LIABILITYITS AFFILIATES’, CAUSES LICENSORS’ OR SUPPLIER’S LIABILITY FOR A PRODUCT (WHETHER ASSERTED AS A TORT CLAIM, A CONTRACT CLAIM, AN EQUITY CLAIM OR OTHERWISE) EXCEED THE AMOUNTS PAID TO NOKIA FOR SUCH PRODUCT(S). IN NO EVENT WILL NOKIA, ITS AFFILIATES (INCLUDING THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OR NOKIA OR ITS AFFILIATES), LICENSORS, RESELLERS OR SUPPLIERS BE LIABLE FOR (I) COSTS OF ACTION PROCUREMENT OF SUBSTITUTE GOODS BY BUYER; (II) LOSS OF BUSINESS OR CLAIMSWORK INTERRUPTION; OR (III) DAMAGES ARISING OUT OF LATE DELIVERY OF THE PRODUCTS. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY TO ALL LIABILITIES THAT MAY ARISE OUT OF THIRD PARTY CLAIMS AGAINST BUYER. THESE LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE LIMITATIONS SET FORTH IN THIS SECTION 8 SHALL APPLY WHERE THE DAMAGES ARISE OUT OF OR RELATE TO THIS AGREEMENT.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE MAXIMUM EXTENT PERMITTED BY LAW, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL MARKETING 360 SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR LOST PROFITS)DIMINUTION IN VALUE, PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY WAY CONNECTED WITH AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT FOR YOUR DOCUMENT SUBMISSIONS. LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE INDEMNIFICATION SECTION AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY SHALL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE THIS AGREEMENT, WHETHER ARISING OUT OF OR IN ANY WAY CONNECTED RELATED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO MARKETING 360 FOR THE SERVICES SOLD HEREUNDER. WITHOUT LIMITING THE FOREGOING, MARKETING 360 IS NOT RESPONSIBLE FOR ANY DAMAGES DUE TO CONTENT, OMISSIONS OR ERRONEOUS DATA APPEARING IN CLIENT’S WEBSITE, BLOGS OR ON SOCIAL MEDIA.WE FURTHER DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE. YOU UNDERSTAND AND REGARDLESS AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF WE WOULD NOT PROVIDE THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSSERVICES TO YOU.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT NO PARTY SHALL BE LIABLE TO YOU (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, EQUITY, OR ANYONE ELSE OTHERWISE) FOR ANY SPECIAL, INDIRECT, INCIDENTALPUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, INCLUDING LOST PROFITS AND ANY OTHER DAMAGES WHICH CANNOT BE READILY ASCERTAINED AND QUANTIFIED, FOR ANY BREACH OF A REPRESENTATION OR WARRANTY UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT IF, AFTER THE INVESTOR SHALL HAVE ACTUALLY FUNDED ITS INVESTOR INITIAL FUNDING DATE CONTRIBUTION IN RESPECT OF THE FACILITY COMPANY, ANY PART OF THE ITC IS LOST, REDUCED, RECAPTURED, DISALLOWED OR NOT CLAIMED BECAUSE CLASS B MEMBER OR ITS AFFILIATE, PERSON WITH A DIRECT OR INDIRECT INTEREST THEREIN OR ANY FACILITY ENTITY BREACHES ANY REPRESENTATION, WARRANTY, COVENANT OR OBLIGATION, ANY FEDERAL TAX DETRIMENTS SUFFERED AS RESULT OF SUCH RECAPTURE, LOSS, REDUCTION, DISALLOWANCE OR INABILITY TO CLAIM (INCLUDING WITHOUT LIMITATION LOST REVENUES LIMITATION, RECOMPUTATION OF TAX, CHANGE IN DISTRIBUTIVE SHARE OF TAX DEPRECIATION OR LOST PROFITS), PUNITIVE, TAXABLE INCOME OR EXEMPLARY DAMAGESLOSS, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSINTEREST AND ADDITIONS TO TAX) SHALL NOT CONSTITUTE CONSEQUENTIAL DAMAGES. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE THE OBLIGATIONS OF THE AZHDR EXCEED $50.00. PARTIES UNDER THIS AGREEMENT ARE OBLIGATIONS OF THE PARTIES ONLY AND NO RECOURSE SHALL BE AVAILABLE UNDER THIS AGREEMENT AGAINST ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESOFFICER, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLEDIRECTOR, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLEMANAGER, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGESMEMBER, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)PARTNER, OR OTHERWISE, AND REGARDLESS AFFILIATE OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSANY PARTY.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTEXCEPT FOR ANY BREACH OF INTELLECTUAL PROPERTY OBLIGATIONS, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, RELIANCE, OR PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST REVENUES, LOST SAVINGS, OR HARM TO BUSINESS. EACH PARTY HEREBY RELEASES THE OTHER PARTY, ITS MEMBERSSUBSIDIARIES, PARENT COMPANIES AND AFFILIATES, AND THEIR RESPECTIVE TRUSTEES, OFFICERS, DIRECTORS, REPRESENTATIVESELECTED OFFICIALS, MUNICIPAL STAFF, MANAGERS, EMPLOYEES, AND AGENTS, AFFILIATESFROM ANY SUCH CLAIM. IN PARTICULAR WITH RESPECT TO CONSTRUCTION, VENDOR NETWORK PROVIDER'S LIABILITY TO THE CITY FOR PROPERTY DAMAGE CAUSED BY ANY CONSTRUCTION WORK PERFORMED BY NETWORK PROVIDER WILL BE LIMITED TO THE COST OF REPAIRING THE DAMAGED PROPERTY. NOTWITHSTANDING ANYTHING SET FORTH HEREIN TO THE CONTRARY, (A) THE CITY DOES NOT WAIVE ANY IMMUNITY FROM PUNITIVE DAMAGES AVAILABLE UNDER APPLICABLE KANSAS LAW, (B) THE PARTIES AGREE THAT THE TERMS OF THIS SECTION 7, AND BUSINESS PARTNERS THE TERMS OF THIS AGREEMENT, SHALL BE SUBJECT TO AND LIMITED BY THE KANSAS CASH BASIS LAW (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”K.S.A. 10-1100 ET SEQ.), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL THE BUDGET LAW (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITSK.S.A. 75-2935 ET SEQ.) AND THE KANSAS TORT CLAIMS ACT (K.S.A. 75-6101 ET SEQ.), PUNITIVEAND ALL AMENDMENTS TO SUCH LAWS, OR EXEMPLARY DAMAGESRESPECTIVELY, PENALTIES, OR SPECIAL AND (C) ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR CITY HEREUNDER SHALL BE SUBJECT TO THE LIABILITY LIMITATIONS SET FORTH IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLEK.S.A. 75-6105, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSAMENDMENTS THERETO.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT EFILECABINET OR ANY OF ITS LICENSORS OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF SERVICE PROVIDERS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESLEGAL OR EQUITABLE THEORY, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, DAMAGE OR LOSS OF USE OF DATA, BUSINESS INTERRUPTIONS, AND LOST BUSINESS OPPORTUNITY), REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF EFILECABINET AND ITS LICENSORS AND SERVICE PROVIDERS UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, CAUSES OR OTHERWISE (REGARDLESS OF ACTION WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMSSUCH DAMAGES WERE OTHERWISE FORESEEABLE), EXCEED THE TOTAL FEES PAID BY CUSTOMER TO EFILECABINET UNDER THIS AGREEMENT DURING THE PRECEEDING 12 MONTH PERIOD. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), IN NO EVENT WILL NOT HTC OR ANY HTC SUPPLIER OR LICENSOR BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST REVENUES LOSS OF PROFITS, GOODWILL, ANTICIPATED SAVINGS, LOSS OR LOST PROFITS), PUNITIVE, CORRUPTION OF DATA OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THIS AGREEMENT OR THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESENTERPRISE SOLUTION, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF HTC AND ITS SUPPLIERS AND LICENSORS UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU PAID FOR YOUR AFFECTED VIVE DEVICE. THE ENTERPRISE SOLUTION WAS DESIGNED FOR SYSTEMS THAT DO NOT REQUIRE FAIL- SAFE PERFORMANCE. HTC IS NOT LIABLE FOR USE OF THE ENTERPRISE SOLUTION IN ANY DEVICE OR SYSTEM IN WHICH A MALFUNCTION OF THE ENTERPRISE SOLUTION WOULD RESULT IN FORESEEABLE RISK OF INJURY OR DEATH TO ANY PERSON. UNLESS THE FOLLOWING LIMITATION IS PROHIBITED BY APPLICABLE LAW, LIABILITYYOU AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, CAUSES OF ACTION OR CLAIMSOTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE).

Limitations of Liability. YOU UNDERSTAND 12.1 Disclaimer. EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, DEDRONE MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING OR RELATING TO ANY PRODUCT OR THIRD-PARTY HARDWARE, OR ANY MATERIAL OR SERVICE FURNISHED OR PROVIDED TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT, INCLUDING UPDATES OR SUPPORT. WITHOUT LIMITING THE FOREGOING, DEDRONE HEREBY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR TITLE. DEDRONE DOES NOT WARRANT THAT ANY PRODUCT WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS, THAT USE OF ANY PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECT WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, DEDRONE DOES NOT GUARANTEE ANY RESULT OF ANY PRODUCT, AND AGREE IN NO EVENT SHALL DEDRONE BE LIABLE TO CUSTOMER FOR CUSTOMER’S RELIANCE ON USE OF ANY PRODUCT OR APPLICATION OF ANY DATA ARISING FROM USE OF ANY PRODUCT. WITHOUT LIMITING THE FOREGOING, CUSTOMER ACKNOWLEDGES THAT HEALTH CURRENTPRODUCTS ARE NOT DESIGNED, ITS MEMBERSMANUFACTURED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE IN WHICH THE FAILURE OF SUCH PRODUCT COULD LEAD DIRECTLY TO DEATH, OFFICERSPERSONAL INJURY, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS OR SEVERE PHYSICAL OR PROPERTY DAMAGE OR ENVIRONMENTAL DAMAGE (COLLECTIVELY, “HEALTH CURRENT PERSONNELHIGH RISK ACTIVITIES”), WILL NOT BE LIABLE TO YOU . DEDRONE EXPRESSLY DISCLAIMS ANY EXPRESS OR ANYONE ELSE IMPLIED GUARANTEE OF FITNESS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSHIGH RISK ACTIVITIES.

Limitations of Liability. YOU UNDERSTAND 12.1 THE PARTIES CONFIRM THAT THE EXPRESS REMEDIES AND AGREE THAT HEALTH CURRENTMEASURES OF DAMAGES PROVIDED IN THIS AGREEMENT SATISFY THE ESSENTIAL PURPOSES HEREOF. FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, ITS MEMBERSSUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, OFFICERSTHE OBLIGOR’S LIABILITY SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN, DIRECTORSTHE OBLIGOR’S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, REPRESENTATIVESSUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE DAMAGES. UNLESS EXPRESSLY HEREIN PROVIDED, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT NEITHER PARTY SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, EXEMPLARY OR EXEMPLARY INDIRECT DAMAGES, PENALTIESLOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT OR OTHERWISE. . TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE AZHDR EXCEED $50.00HARM OR LOSS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER NOTWITHSTANDING THE CAUSE OF ACTION ACCRUESFOREGOING, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT PROVIDER SHALL REMAIN LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLEWITHOUT MONETARY LIMITATION, FOR DIRECT DAMAGES FOR PERSONAL INJURY, DEATH OR DAMAGE TO REAL PROPERTY OR TANGIBLE PERSONAL PROPERTY ATTRIBUTABLE TO THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION NEGLIGENCE OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, OTHER TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPROVIDER, LIABILITYITS OFFICERS, CAUSES OF ACTION EMPLOYEES OR CLAIMSAGENTS.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTSTORAGEOS’ (INCLUDING ITS AFFILIATES’) MAXIMUM TOTAL LIABILITY FOR ALL MATTERS ARISING UNDER OR RELATED TO THIS AGREEMENT, ITS MEMBERSREGARDLESS OF THE FORM OF ACTION, OFFICERSIN CONTRACT, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”)TORT OR OTHERWISE, WILL BE LIMITED TO UNITED STATES DOLLARS US$100. IN ANY EVENT, STORAGEOS (INCLUDING ITS AFFILIATES) WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANYONE ELSE FOR (A) ANY INDIRECTSPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES CONSEQUENTIAL, PUNITIVE OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY OTHER INDIRECT DAMAGES IN CONNECTION WITH ANY MATTER ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF UNDER OR RELATED TO USE THIS AGREEMENT, OR (B) ANY LOSS OF THE AZHDR EXCEED $50.00. PROFITS, LOSS OR CORRUPTION OF ANY CAUSE OF ACTION CUSTOMER DATA, DATABASE OR CLAIM YOU MAY HAVE ARISING OUT OF SOFTWARE (IN EACH CASE WHETHER DIRECT OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCEINDIRECT), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED EVEN IF STORAGEOS WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE. ACCORDINGLY, SOME OF THE DISCLAIMERS OR LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO CUSTOMER OR BE ENFORCEABLE WITH RESPECT TO CUSTOMER. IF CUSTOMER IS DISSATISFIED WITH ANY PORTION OF THE STORAGEOS PROPERTY OR WITH THIS AGREEMENT, CUSTOMER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE STORAGEOS PROPERTY AND UNINSTALL THE STORAGEOS SOFTWARE. IF CUSTOMER IS AN INDIVIDUAL WHO IS A RESIDENT OF NEW JERSEY, THE SECTIONS OF THIS AGREEMENT TITLED “DISCLAIMER” AND “LIMITATIONS OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, CAUSES THE INVALIDITY OF ACTION OR CLAIMSSUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Limitations of Liability. YOU UNDERSTAND THIS SECT I ON LIMITS THE LIABILITIES ARISING UNDER THIS AGREEMENT OR ANY SOW AND AGREE IS A BARGAINED-FOR AND MATERIAL PART OF THIS AGREEMENT. CLIENT ACKNOWLEDGES AND AGREES THAT HEALTH CURRENTMSP WOULD NOT ENTER INTO THIS AGREEMENT UNLESS IT COULD RELY ON THE LIMITATIONS DESCRIBED IN THIS PARAGRAPH. IT IS AGREED THAT PRIOR TO AND DURING THE ONBOARDING PERIOD, MSP WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DELAYS OR DEFICIENCIES, ANY VIRUSES, BREACHES, HIDDEN MALWARE, OR OTHER CYBER-ATTACKS ON THE SYSTEM. MSP DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY WHERE THE SYSTEM IS, OR HAS BEEN, COMPROMISED PRIOR TO COMPLETION OF CLIENT ONBOARDING AS ALL NETWORK FUNCTIONALITY AND SECURITY ARE SOLELY THE RESPONSIBILITY OF CLIENT PRIOR TO COMPLETION OF MSP ONBOARDING. CLIENT UNDERSTANDS THIS AND AGREES IT WILL NOT FILE A CLAIM AGAINST MSP OR ITS MEMBERSINSURANCE PROVIDER FOR ANY DAMAGE WHATSOEVER, REGARDLESS OF CAUSE, FOR ANY DAMAGE THAT OCCURRED PRIOR TO COMPLETION OF MSP ONBOARDING. CLIENT ACKNOWLEDGES AND AGREES THAT MSP WILL NOT BE RESPONSIBLE UNDER ANY CIRCUMSTANCES FOR DELAYS OR DEFICIENCIES IN THE PROVISION OF, OR ACCESS TO, THE SERVICES TO THE EXTENT THAT SUCH DELAYS OR DEFICIENCIES ARE CAUSED IN WHOLE OR IN PART BY ACTS OR OMISSIONS OF CLIENT, CLIENT’S AGENTS, VENDORS, LICENSORS, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS. CLIENT AND ANY OF THEIR AFFILIATES AND EACH OF THEIR RESPECTIVE AGENCIES, EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVESMEMBERS, SHAREHOLDERS, NOMINEES, CONSULTANTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASOR PARTIES”) AGREES TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT, TO RELEASE THE MSP AND ITS AFFILIATES AND EACH OF THEIR RESPECTIVE AGENCIES, EMPLOYEES, AGENTSOFFICERS, AFFILIATESDIRECTORS, VENDOR MEMBERS, EMPLOYEES, SHAREHOLDERS, NOMINEES, CONSULTANTS, SUCCESSORS AND BUSINESS PARTNERS ASSIGNS (COLLECTIVELY, THE “HEALTH CURRENT PERSONNELRELEASED PARTIES”)) FROM ANY AND ALL SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INDIRECT DAMAGES, LOSS OF GOOD WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR BUSINESS PROFITS, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES AND ALL OTHER COMMERCIAL DAMAGES OR LOST PROFITS), PUNITIVELOSS, OR EXEMPLARY OR PUNITIVE DAMAGES. UNDER NO CIRCUMSTANCES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE REGARDLESS OF THE AZHDR EXCEED $50.00. ANY CAUSE NATURE OF ACTION OR THE CLAIM YOU MAY HAVE ARISING OUT OF OR (IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)OT OTHERWISE) SHALL MSP’S AGGREGATE LIABILITY ARISING FROM, OUT OF, OR OTHERWISERELATING TO THIS AGREEMENT EXCEED THE FEES ACTUALLY PAID TO MSP UNDER THIS AGREEMENT FOR THE PREVIOUS TWELVE (12) MONTHS. ADDITIONALLY, AND REGARDLESS MSP SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE OR LOSS CAUSED THAT COULD HAVE BEEN PREVENTED BUT FOR CLIENT’S WRITTEN DECLINATION OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION RECOMMENDED PRODUCTS OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSSERVICES BY MSP.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE FULLEST EXTENT ALLOWED BY LAW, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL INTUIT SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY CIRCUMSTANCE FOR ANY INDIRECTSPECIAL, INCIDENTALCONSEQUENTIAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, INCIDENTAL OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT THIS AGREEMENT, THE PROGRAM OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA OR RELATED ANY DAMAGES OR SUMS PAID BY COMPANY TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF INTUIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, LIABILITYWARRANTY OR ANY STATUTORY DUTY, CAUSES NEGLIGENCE OR OTHER TORT, PRINCIPLES OF ACTION INDEMNITY OR CLAIMSCONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. SINCE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL DAMAGES, THIS LIMITATION MAY NOT APPLY TO COMPANY. INTUIT’S TOTAL LIABILITY FOR ALL DAMAGES, ALLEGED DAMAGES, AND LOSSES HEREUNDER, WHETHER BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, OR OTHERWISE SHALL NOT EXCEED FIVE HUNDRED (500.00) GBP. NOTWITHSTANDING THE FOREGOING, NO PROVISION OF THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY TO THE EXTENT THAT SUCH EXCLUSION OR LIMITATION IS PROHIBITED BY THE APPLICABLE LAWS OF ENGLAND AND WALES AND FOR THE AVOIDANCE OF DOUBT INTUIT DOES NOT EXCLUDE LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THE NEGLIGENCE OF ITS OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) ANY OTHER LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED BY CONTRACTUAL AGREEMENT OF THE PARTIES.

Limitations of Liability. YOU UNDERSTAND NEITHER PARTY LIMITS NOR EXCLUDES ITS LIABILITY FOR DEATH OR PERSONAL INJURY, FRAUD OR ANY OTHER MATTER THAT CANNOT BE LAWFULLY EXCLUDED. NEVERTHELESS, EACH PARTY’S’S SOLE LIABILITY HEREUNDER SHALL BE LIMITED TO DIRECT AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT OBJECTIVELY MEASURABLE DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING WITHOUT LIMITATION LOST REVENUES LOSS OF DATA, REVENUE, PROFITS, USE, BUSINESS INTERUPTIONS OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OF, OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF C3 RESERVATIONS, INCLUDING BUT NOT LIMITED TO THE USE OR RELATED INABILITY TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)C3 RESERVATIONS, OR OTHERWISEFOR ANY CONTENT OBTAINED FROM OR THROUGH C3 RESERVATIONS, AND ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF WHETHER SUCH DAMAGESCAUSE IN THE CONTENT, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF THE PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR LIABILITIES ARISING FROM A CLAIM RELATED TO DEATH, LIABILITYPERSONAL INJURIES, CAUSES FRAUD OR PURSUANT TO SECTION 10 (MUTUAL INDEMNIFICATION) OR SECTION 4 (CUSTOMER USE OF ACTION C3 RESERVATIONS), IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR CLAIMSDUE FROM THE CUSTOMER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IF NO SUCH AMOUNT WAS PAID AND/OR IS DUE YET, THEN IT SHALL BE THE AMOUNT REPRESENTING THE CURRENT BASE COST PER TRANSACTION MULTIPLIED BY THE NUMBER OF TRANSACTION EXECUTED BY THE CUSTOMER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.THE PARTIES ACKNOWLEDGE THAT THESE LIMITATIONS ON POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT LICENSORS BE LIABLE TO YOU OR ANYONE ELSE ANY OF YOUR AUTHORIZED USERS FOR ANY INDIRECTOF THE FOLLOWING TYPES OF LOSS OR DAMAGE ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SOFTWARE, OR ASP SERVICES, WHETHER OR NOT THE COMPANY WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE: (A) ANY LOSS OF BUSINESS, CONTRACTS, PROFITS, ANTICIPATED SAVINGS, GOODWILL OR REVENUE; (B) ANY LOSS OR CORRUPTION OF DATA; OR (C) ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES WHATSOEVER (INCLUDING INCLUDING, WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)LIMITATION, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS). IN NO EVENT WILL HEALTH CURRENT PERSONNELSHALL THE COMPANY’S LIABILTY CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF FROM OR RELATED RELATING TO USE THIS AGREEMENT, REGARDLESS OF THE AZHDR NATURE OF THE CLAIM, EXCEED $50.00. ANY CAUSE THE AMOUNT OF ACTION OR CLAIM FEES PAID BY YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, UNDER THIS AGREEMENT FOR THE CONDUCT PARTICULAR SOFTWARE, AND/OR ASP SERVICE WITH RESPECT TO WHICH THE RELEVANT CLAIM AROSE DURING THE TWELVE (12)-MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT, ACT, OR OMISSION GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF THIRD PARTIESLIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER IN SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF STATES THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSCOMPANY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Limitations of Liability. YOU UNDERSTAND IN THE EVENT OF ANY CLAIM, ACTION, SUIT, ARBITRATION OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF; TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, TRUSTCOR CA AND AGREE THAT HEALTH CURRENTITS AFFILIATES, ITS MEMBERSSUBSIDIARIES, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR PARTNERS AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), SHAREHOLDERS WILL NOT BE LIABLE TO YOU FOR (I) ANY LOSS OF PROFIT, BUSINESS, CONTRACTS, REVENUE OR ANYONE ELSE ANTICIPATED SAVINGS, OR (II) ANY INDIRECT OR CONSEQUENTIAL LOSSES, CLAIMS OR DAMAGES AS A RESULT OF USE OR RELIANCE ON SUCH CERTIFICATE. TRUSTCOR CA'S TOTAL LIABILITY FOR DAMAGES SUSTAINED BY SUBSCRIBER AND ANY THIRD PARTY FOR ANY INDIRECTUSE OR RELIANCE ON A CERTIFICATE SHALL BE LIMITED, INCIDENTALIN THE AGGREGATE, CONSEQUENTIAL TO THE AMOUNT PAID BY SUBSCRIBER FOR THE CERTIFICATE GIVING RISE TO THE LIABILITY. THE LIABILITY LIMITATIONS PROVIDED IN THIS SECTION 11.2 SHALL BE THE SAME REGARDLESS OF: (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)I) THE NUMBER OF DIGITAL SIGNATURES, PUNITIVETRANSACTIONS, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR CLAIMS RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE SUCH CERTIFICATE; (1II) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGESLIABILITY ARISES FROM CONTRACT, LIABILITYINDEMNIFICATION, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACTWARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ; AND REGARDLESS OF (III) WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE TRUSTCOR CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSS OR DAMAGE. NOTWITHSTANDING THE FOREGOING, LIABILITYLIABILITY OF EITHER PARTY SHALL NOT BE LIMITED UNDER THIS SECTION 11.2 IN CASES OF PERSONAL INJURY OR DEATH ARISING FROM THE NEGLIGENCE OF THAT PARTY OR WITH RESPECT TO ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED BY APPLICABLE LAW (INCLUDING MANDATORY LAWS OF ANY APPLICABLE JURISDICTION). TO THE EXTENT SUCH JURISDICTIONS DO NOT ALLOW CERTAIN LIABILITY LIMITATIONS, CAUSES SOME OF ACTION OR CLAIMSTHE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitations of Liability. YOU UNDERSTAND NCLUSION AND AGREE THAT HEALTH CURRENTITS SUBSIDIARIES AND AFFILIATES, ITS MEMBERSAND THEIR LICENSORS, OFFICERS, DIRECTORS, REPRESENTATIVESSERVICE PROVIDERS, EMPLOYEES, AGENTS, AFFILIATESOFFICERS, VENDOR AND BUSINESS PARTNERS DIRECTORS (COLLECTIVELY, THE “HEALTH CURRENT PERSONNELRELEASEES”), WILL SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)EXEMPLARY, PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, CONSEQUENTIAL LOSS OR SPECIAL LIABILITY ARISING OUT DAMAGE OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE AZHDR EXCEED $50.00. SITES, ANY CAUSE OF ACTION SITE CONTENT, OR CLAIM YOU MAY HAVE DOWNLOADED CONTENT, INCLUDING WITHOUT LIMITATION, LOST BUSINESS OR PROFITS, WHETHER ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, BREACH OF CONTRACT, OR OTHERWISE, OTHERWISE (AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE DAMAGES ARE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE NCLUSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSS OR DAMAGE). RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY SITES USER OR OTHER THIRD PARTY. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE RELEASEES EXCEED ONE HUNDRED DOLLARS ($100.00 USD), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IF APPLICABLE LAW LIMITS THE APPLICATION OF THE FOREGOING LIMITATION OF LIABILITY, CAUSES OF ACTION OR CLAIMSNCLUSION’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Limitations of Liability. YOU UNDERSTAND IN NO EVENT SHALL WE, OUR PARENT AND AGREE THAT HEALTH CURRENTAFFILIATES, ITS MEMBERS, AND THE OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATESJOINT VENTURERS, VENDOR EMPLOYEES AND BUSINESS PARTNERS (COLLECTIVELYSUPPLIERS OF PAYPAL, “HEALTH CURRENT PERSONNEL”), WILL NOT OUR PARENT OR OUR AFFILIATES BE LIABLE TO YOU FOR LOST PROFITS OR ANYONE ELSE FOR ANY INDIRECTSPECIAL, INCIDENTAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST REVENUES DAMAGES FOR LOSS OF DATA OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, THE PAYPAL SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), UNLESS AND TO THE EXTENT PROHIBITED BY LAW. OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND AFFILIATES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSTHIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED ADDITION, TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESEXTENT PERMITTED BY APPLICABLE LAW, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE PAYPAL, OUR PARENT, AND AGREE THAT HEALTH CURRENT PERSONNEL AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND SUPPLIERS ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLETHESE PARTIES RESPONSIBLE, FOR THE CONDUCT ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGESMONEY, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)GOODWILL, OR OTHERWISEREPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (1) YOUR USE OF OR YOUR INABILITY TO USE PAYPAL’S SITES AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION SERVICES; (2) DELAYS OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS.DISRUPTIONS IN PAYPAL’S SITES AND SERVICES;

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE YOUR EXCLUSIVE REMEDY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL FAILURE OF CLUBESSENTIAL’S OBLIGATIONS UNDER THE AGREEMENT SHALL BE THE REMEDIES SET FORTH IN SECTION 5 ABOVE AND ANY CREDIT DUE PURSUANT TO AN APPLICABLE SERVICE LEVEL AGREEMENT (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITSWHERE A SERVICE LEVEL AGREEMENT IS OFFERED), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT SHALL CLUBESSENTIAL BE LIABLE OR RESPONSIBLE TO YOU FOR ANY TYPE OF INCIDENTAL, PUNITIVE, DIRECT, INDIRECT OR RELATED TO CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICES OR EQUIPMENT, EVEN IF ADVISED OF THE AZHDR EXCEED $50.00. ANY CAUSE POSSIBILITY OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL CLUBESSENTIAL’S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCES EXCEED THE AMOUNT OF FEES YOU ACTUALLY PAID TO CLUBESSENTIAL FOR SERVICES IN THE ONE (1) MONTH PERIOD DIRECTLY PRIOR TO THE ACTION GIVING RISE TO ALLEGED LIABILITY. YOU FURTHER AGREE THAT ANY CLAIM WHICH YOU MAY HAVE AGAINST CLUBESSENTIAL MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF OTHERWISE THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSCLAIM SHALL BE PERMANENTLY BARRED.

Limitations of Liability. YOU UNDERSTAND CLIENT AGREES THAT GIA AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR EMPLOYEES AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL AGENTS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL (EXEMPLARY, PUNITIvE, STATUTORY, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST REVENUES PROFITS, WITH RESPECT TO OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF UNDER OR RELATED TO USE OF THIS AGREEMENT, THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION SERvICES OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESA REPORT, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED EvEN IF ADvISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR GIA’S OBLIGATION TO PAY CLIENT THE INSURANCE PROCEEDS REFERENCED ABOvE, IN NO EvENT SHALL THE TOTAL, CUMULATIvE LIABILITY OF GIA EXCEED THE PRICE OF THE SERvICES PROvIDED BY GIA UNDER THIS AGREEMENT TO CLIENT FOR WHICH LIABILITY ARISES. THE LIMITATIONS ON LIABILITY IN THIS AGREEMENT (i) SHALL APPLY TO ANY CLAIMS AND CAUSES OF ACTION, UNDER ANY THEORY OF LIABILITY, CAUSES WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), INDEMNITY, OR OTHERWISE; AND (ii) SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ACTION THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH IN THIS AGREEMENT. CLIENT AGREES THAT GIX XS NOT OBLIGATED TO DEFEND, INDEMNIFY, OR HOLD CLIENT HARMLESS IN CONNECTION WITH ANY THIRD PARTY CLAIMS, SUITS, OR ACTIONS BROUGHT AGAINST CLIENT, INCLUDING WITHOUT LIMITATION CLAIMS BROUGHT BY ANY ARTICLE OWNER, PURCHASER, OR DOWNSTREAM PURCHASER. THE PARTIES HAvE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND THE REMEDIES SET FORTH IN THIS AGREEMENT AND FIND SUCH ALLOCATION AND REMEDIES TO BE REASONABLE, AND AGREE THAT THE FOREGOING LIMITATION AND THE OTHER LIMITATIONS IN THIS AGREEMENT ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THIS SECTION SHALL NOT OPERATE IN SUCH A WAY AS TO LIMIT GIA’S LIABILITY FOR GIA’S ACTS OR OMISSIONS FOR WHICH LIABILITY MAY NOT BE LIMITED UNDER APPLICABLE LAW.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTQCNY’S TOTAL LIABILITY ON ANY AND ALL CAUSES OF ACTION OR CLAIMS FOR LOSSES OR DAMAGES UNDER ANY THEORY OF LIABILITY, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM ANY PURCHASE MADE BY YOU, OR FROM THE PERFORMANCE OR BREACH OF THE AGREEMENT OR FROM THE PROVISION OR SALE OF ANY SERVICES OR GOODS PROVIDED TO YOU WILL BE LIMITED TO THE AMOUNTS PAID BY YOU TO QCNY FOR THE GOODS OR SERVICES AT ISSUE DURING THE PRIOR TWELVE (12) MONTH PERIOD PRECEDING THE DATE THAT YOUR CLAIM FOR LIABILITY ARISES HEREUNDER. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL QCNY, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVESSHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, VENDOR AND BUSINESS PARTNERS SUCCESSORS, HEIRS, ASSIGNS, SUPPLIERS, LICENSORS, AGENTS OR SUBCONTRACTORS OR OTHERS INVOLVED IN PROVIDING THE SPA SERVICES OR PRODUCTS (COLLECTIVELY, THE “HEALTH CURRENT PERSONNELCOVERED PARTIES”), WILL NOT ) BE LIABLE TO YOU OR ANYONE ELSE FOR (1) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, EXEMPLARY, COMPENSATORY OR EXEMPLARY CONSEQUENTIAL DAMAGES WHATSOEVER; (2) ANY DAMAGES, PENALTIES, INJURY OR SPECIAL LIABILITY LOSS ARISING OUT OF FROM OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE THE USE, ACCESS, AND ENJOYMENT OF THE AZHDR EXCEED $50.00. QCNY SPA OR PRODUCTS, OR ACTIONS BY ANY CAUSE OF ACTION THIRD PARTIES INCLUDING OTHER CUSTOMERS, GUESTS OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY CONTRACTORS WHETHER SUCH DAMAGESLIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACTWARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, , OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED NOT THE COVERED PARTIES HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGESLOSS, LIABILITYINJURY OR DAMAGE. FOR THE AVOIDANCE OF DOUBT, CAUSES YOU HEREBY EXPRESSLY AGREE THAT THE CATEGORIES OF ACTION DAMAGES DESCRIBED HEREIN CONSTITUTE SPECIAL, INCIDENTAL, PUNITIVE OR CLAIMSCONSEQUENTIAL DAMAGES REGARDLESS OF WHETHER SUCH DAMAGES WOULD BE CONSIDERED DIRECT DAMAGES UNDER ANY APPLICABLE LAW GOVERNING THE AGREEMENT. YOU AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Nothing in the Agreement removes or limits QCNY’s liability for intentional wrongdoing or gross negligence.

Limitations of Liability. YOU UNDERSTAND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, RINGCENTRAL AND AGREE THAT HEALTH CURRENTITS AFFILIATES WILL NOT, ITS MEMBERSUNDER ANY CIRCUMSTANCES, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE PARTICIPANT FOR ANY INDIRECT(A) CONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVESPECIAL, OR EXEMPLARY DAMAGES, PENALTIESINCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO THE SUBJECT MATTER OF THESE TERMS; (B) ANY LOSS OF REVENUE, PROFITS, BUSINESS OPPORTUNITIES, OR SAVINGS; (C) REPUTATIONAL HARM OR LOSS OR DAMAGE TO GOODWILL; OR (D) LOSS OF USE OR CORRUPTION OF SOFTWARE, DATA, OR INFORMATION, IN ALL CASES, WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITY, EVEN IF RINGCENTRAL IS APPRISED OF THE AZHDR EXCEED $50.00LIKELIHOOD OF SUCH DAMAGES OCCURRING. ANY CAUSE WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL RINGCENTRAL’S AND ITS AFFILIATES’ TOTAL LIABILITY OF ACTION OR CLAIM YOU MAY HAVE ALL KINDS, IN AGGREGATE, ARISING OUT OF OR IN RELATED TO THESE TERMS (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE)TORT, OR OTHERWISE, EXCEED THE AMOUNT OF ANY PAYMENTS MADE TO PARTICIPANT UNDER THESE TERMS (AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF NOT UNDER ANY PARTNER AGREEMENT) DURING THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSSIX MONTHS IMMEDIATELY PRIOR TO THE MONTH DURING WHICH THE EVENT FIRST GIVING RISE TO LIABILITY OCCURRED.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTEXCEPT FOR THE REMEDIES SPECIFICALLY PROVIDED IN THIS LIMITED WARRANTY, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT UNDER NO CIRCUMSTANCES SHALL PWT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES BECAUSE OF THE FAILURE OF PWT TREATED™ LVL, OR FOR ANY CLAIMED DEFECT IN CONNECTION THEREWITH, INCLUDING BUT NOT LIMITED TO ANY DAMAGES BECAUSE OF DAMAGE OR HARM TO OR LOSS OF OTHER PROPERTY, LOSS OF TIME, LOSS OF USE, LOST PROFITS, LOST REVENUE, LOST GOODWILL, BUSINESS INTERRUPTION, LABOR COSTS, MATERIAL COSTS, INVESTIGATION COSTS, TESTING COSTS, COSTS OF INSTALLATION OR REINSTALLATION, ATTORNEYS’ FEES, EXPERT FEES, PERSONAL INJURY (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITSBUT NOT LIMITED TO DEATH), PUNITIVEDAMAGE TO REAL OR PERSONAL PROPERTY, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLETEMPORARY LIVING EXPENSES, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLEANY AND ALL OTHER SIMILAR COSTS AND EXPENSES, WHETHER SUCH DAMAGES ARE SOUGHT IN CONTRACT, IN TORT OR OTHERWISE. EXCEPT FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGESSPECIFIC WARRANTY COVERAGE SET FORTH IN THIS LIMITED WARRANTY, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISEPWT DOES NOT MAKE, AND REGARDLESS HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO PWT TREATED™ LVL, AND/OR THE PERFORMANCE, APPLICATION OR USE THEREOF, AND ALL SUCH DAMAGESOTHER REPRESENTATIONS AND WARRANTIES, LIABILITYINCLUDING BUT NOT LIMITED TO, CAUSES THE IMPLIED WARRANTIES OF ACTION MERCHANTABILITY AND/OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGESFITNESS FOR A PARTICULAR PURPOSE, LIABILITY, CAUSES OF ACTION OR CLAIMSARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED.

Limitations of Liability. YOU UNDERSTAND UNDER NO CIRCUMSTANCES AND AGREE THAT HEALTH CURRENTUNDER NO LEGAL OR EQUITABLE THEORY, ITS MEMBERSWHETHER IN TORT, OFFICERSCONTRACT, DIRECTORSNEGLIGENCE, REPRESENTATIVESSTRICT LIABILITY OR OTHERWISE, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT SHALL ANY OF THE CLOUDLAW PARTIES BE LIABLE TO YOU OR ANYONE ELSE TO ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTALSPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES LOSSES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY DAMAGES OF ANY NATURE ARISING OUT OF OR IN ANY WAY CONNECTED CONNECTION WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT THE USE OF OR RELATED INABILITY TO USE THE SITES OR SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITES OR SERVICES OR FOR ANY INFORMATION OBTAINED THROUGH THE SITES OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF ANY OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT CLOUDLAW PARTIES BEEN ADVISED OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF FOR ANY REASON ANY DAMAGE WAIVER CONTAINED IN THIS AGREEMENT SHOULD PROVE UNENFORCEABLE (INCLUDING AS DESCRIBED IN THE NEXT PARAGRAPH), LIABILITYYOU AGREE THAT CLOUDLAW’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH YOUR USE OR MISUSE OF THE SITE AND THE SERVICES WILL NOT EXCEED AN AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU TO CLOUDLAW, CAUSES IF ANY. YOU AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF ACTION THE BARGAIN AND THAT CLOUDLAW WOULD NOT PROVIDE THE SITE OR CLAIMSSERVICES ABSENT SUCH LIMITATION. 20. Jurisdictional Exceptions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF LIABILITIES MAY NOT APPLY TO YOU.

Limitations of Liability. YOU UNDERSTAND EXCEPT FOR ANY UNAUTHORIZED USE OR DISCLOSURE OF GOOGLE’S INTELLECTUAL PROPERTY RIGHTS, OR A PARTY’S BREACH OF CONFIDENTIALITY OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, RELIANCE, OR PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST REVENUES, LOST SAVINGS, OR HARM TO BUSINESS, AND AGREE THAT HEALTH CURRENTEXCEPT AS SET FORTH AT THE BEGINNING OF THIS SECTION, EACH PARTY HEREBY RELEASES THE OTHER PARTY, ITS MEMBERSSUBSIDIARIES, PARENT COMPANIES AND AFFILIATES, AND THEIR RESPECTIVE TRUSTEES, OFFICERS, DIRECTORS, REPRESENTATIVESMANAGERS, COUNCIL MEMBERS, EMPLOYEES, AND AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FROM ANY SUCH CLAIM FOR SUCH TYPES OF DAMAGES. EXCEPT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVEBREACH OF GOOGLE’S INTELLECTUAL PROPERTY RIGHTS, OR EXEMPLARY DAMAGESA PARTY’S CONFIDENTIALITY, PENALTIESOBLIGATIONS HEREUNDER, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EITHER PARTY FOR ANY BREACH OF THIS AGREEMENT EXCEED TWO MILLION DOLLARS $2,000,000.00. IN PARTICULAR WITH RESPECT TO CONSTRUCTION, GOOGLE FIBER'S ENTIRE LIABILITY FOR ANY DAMAGE CAUSED TO THE CITY BY ANY CONSTRUCTION WORK PERFORMED BY OR FOR GOOGLE FIBER WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT BE LIMITED TO THE COST OF OR RELATED TO USE REPAIRING PHYSICAL PROPERTY DAMAGE THAT OCCURS AT THE SITE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIESCONSTRUCTION. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIMITATION OF LIABILITY SET FORTH IN THIS SECTION 8 IS A FUNDAMENTAL BASIS OF THIS AGREEMENT; AND EACH PARTY UNDERSTANDS AND AGREES THAT THE OTHER WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THIS LIMITATION OF LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 15, IN NO EVENT SHALL: (a) DATADOG, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, AFFILIATES OR THEIR EMPLOYEES, AGENTS, AFFILIATESCONTRACTORS, VENDOR AND BUSINESS PARTNERS OFFICERS OR DIRECTORS HAVE ANY LIABILITY TO CUSTOMER OR ANY AUTHORIZED USER FOR ANY LOSSES ARISING OUT OF OR RELATING TO (COLLECTIVELYi) PARTNER’S RESALE OF SERVICES TO CUSTOMER, “HEALTH CURRENT PERSONNEL”)(ii) PARTNER’S PROVISION OF MANAGED SERVICES (INCLUDING THE SERVICES) TO CUSTOMER, WILL NOT (iii) PARTNER’S PROCESSING OF ANY ACCOUNT DATA, CUSTOMER DATA OR CUSTOMER CREDENTIALS OR (iv) ANY CUSTOMER ORDER, SUBJECT OT DATADOG’S OBLIGATIONS UNDER THESE TERMS; (b) EITHER PARTY, ITS AFFILIATES OR THEIR EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIESINCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR SPECIAL LIABILITY OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THESE TERMS; AND (c) EITHER PARTY’S CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS EXCEED THE FEES PAID TO DATADOG BY PARTNER UNDER THE APPLICABLE CUSTOMER ORDER THE EXCLUSIONS AND LIMITATIONS IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THIS SECTION (COLLECTIVELY, THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1“EXCLUSIONS”) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING TORT, NEGLIGENCE), STRICT LIABILITY OR OTHERWISEANY OTHER BASIS, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF THE NON-BREACHING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. THE EXCLUSIONS SHALL NOT APPLY TO A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 14 OR CUSTOMER’S BREACH OF SECTION 7.2. THE PROVISIONS OF THIS SECTION 15 ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES, LIABILITY, CAUSES OF ACTION OR CLAIMSAND THE PARTIES HAVE RELIED ON THE EXCLUSIONS IN DETERMINING TO ENTER INTO THESE TERMS.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTCUSTOMER ASSUMES THE ENTIRE RISK OF USING THE SOFTWARE, INCLUDING ANY DAMAGE TO PERSONAL OR INTANGIBLE PROPERTY. LANSA HAS NO LIABILITY FOR ANY DEFECTS IN THE SOFTWARE OR FOR ANY RESULTS OBTAINED OR NOT OBTAINED THROUGH USE OF THE SOFTWARE. IN NO EVENT WILL LANSA OR ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE ANY END USERS FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)EXEMPLARY, PUNITIVE, INDIRECT OR EXEMPLARY SPECIAL DAMAGES, PENALTIESOR FOR ANY LOSS OF OR DAMAGE TO USE, DATA, BUSINESS, GOODWILL OR SPECIAL LIABILITY PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED CONNECTION WITH YOUR DOCUMENT SUBMISSIONSTHIS AGREEMENT. IN NO EVENT ANY CASE, LANSA'S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT NOT EXCEED $1,000 OR THE TOTAL AMOUNT OF OR RELATED SUBSCRIPTION FEES PAID BY CUSTOMER TO USE LANSA IN RESPECT OF THIS AGREEMENT DURING THE ONE-YEAR PERIOD PRECEDING THE OCCURRENCE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED EVENT GIVING RISE TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESLIABILITY, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM WHICHEVER IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIESGREATER. THE FOREGOING LIMITATIONS WILL LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH DAMAGESLIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACTWARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE NOT THE LIABLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSS OR DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, LIABILITYTHE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, CAUSES BUT ONLY TO THE EXTENT NECESSARY TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF ACTION OR CLAIMSRISK AND THAT SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE YOUR EXCLUSIVE REMEDY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL FAILURE OF CLUBREADY’S OBLIGATIONS UNDER THE AGREEMENT SHALL BE THE REMEDIES SET FORTH IN SECTION 4 ABOVE AND ANY CREDIT DUE PURSUANT TO AN APPLICABLE SERVICE LEVEL AGREEMENT (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITSWHERE A SERVICE LEVEL AGREEMENT IS OFFERED), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT SHALL CLUBREADY BE LIABLE OR RESPONSIBLE TO YOU FOR ANY TYPE OF INCIDENTAL, PUNITIVE, DIRECT, INDIRECT OR RELATED TO CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICES OR EQUIPMENT, EVEN IF ADVISED OF THE AZHDR EXCEED $50.00. ANY CAUSE POSSIBILITY OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL CLUBREADY’S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCES EXCEED THE AMOUNT OF FEES YOU ACTUALLY PAID TO CLUBREADY FOR SERVICES IN THE ONE (1) MONTH PERIOD DIRECTLY PRIOR TO THE ACTION GIVING RISE TO ALLEGED LIABILITY. YOU FURTHER AGREE THAT ANY CLAIM WHICH YOU MAY HAVE AGAINST CLUBREADY MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF OTHERWISE THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSCLAIM SHALL BE PERMANENTLY BARRED.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE FULLEST EXTENT ALLOWED BY LAW, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL INTUIT SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY CIRCUMSTANCE FOR ANY INDIRECTSPECIAL, INCIDENTALCONSEQUENTIAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, INCIDENTAL OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT THIS AGREEMENT, THE PROGRAM OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA OR RELATED ANY DAMAGES OR SUMS PAID BY COMPANY TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF INTUIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, LIABILITYWARRANTY OR ANY STATUTORY DUTY, CAUSES NEGLIGENCE OR OTHER TORT, PRINCIPLES OF ACTION INDEMNITY OR CLAIMSCONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. SINCE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL DAMAGES, THIS LIMITATION MAY NOT APPLY TO COMPANY. INTUIT’S TOTAL LIABILITY FOR ALL DAMAGES, ALLEGED DAMAGES, AND LOSSES HEREUNDER, WHETHER BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, OR OTHERWISE SHALL NOT EXCEED FIVE HUNDRED $500.00 SINGAPORE DOLLARS (SGD). FOR THE AVOIDANCE OF DOUBT, INTUIT DOES NOT EXCLUDE LIABILITY ARISING UNDER THE COMPETITION AND CONSUMER XXX 0000 (CTH) OF AUSTRALIA.

Limitations of Liability. YOU UNDERSTAND THE TOTAL LIABILITY OF SELLER, INCLUDING ITS SUBCONTRACTORS OR SUPPLIERS, ON ANY AND AGREE THAT HEALTH CURRENTALL CLAIMS, ITS MEMBERSWHETHER IN CONTRACT, OFFICERSWARRANTY, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL TORT (INCLUDING WITHOUT LIMITATION LOST REVENUES NEGLIGENCE OR LOST PROFITS)PATENT INFRINGEMENT) OR OTHERWISE, PUNITIVEARISING OUT OF, CONNECTED WITH, OR EXEMPLARY DAMAGESRESULTING FROM THE PERFORMANCE OR NONPERFORMANCE OF ANY AGREEMENT RESULTING HERE FROM OR FROM THE MANUFACTURE, PENALTIESSALE, DELIVERY, RESALE, REPAIR, REPLACEMENT OR SPECIAL LIABILITY ARISING OUT USE OF ANY DEVICE OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSCOMPONENT RELATING THERETO SHALL NOT EXCEED THE PRICE ALLOCABLE TO THE PURCHASE ORDER WHICH DIRECTLY GIVES RISE TO THE CLAIM. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESEVENT, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), NEGLIGENCE OR PATENT INFRINGEMENT) OR OTHERWISE, AND REGARDLESS SHALL SELLER, OR ITS SUBCONTRACTORS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF WHETHER PROFIT OR REVENUES, LOSS OF USE OF THE DEVICE OR ANY COMPONENT OR ANY ASSOCIATED EQUIPMENT OR SOFTWARE OR DATA, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR REPLACEMENT POWER OR DOWNTIME COSTS FOR SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, DAMAGES OR CLAIM. PURCHASER ACKNOWLEDGES THAT THESE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT SELLER WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY, CAUSES OF ACTION OR CLAIMS.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTUNDER NO CIRCUMSTANCES OR LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL BRAINSELL OR ITS MEMBERSSUPPLIERS, OFFICERS, DIRECTORS, REPRESENTATIVESRESELLERS, EMPLOYEES, AGENTSCONSULTANTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT AGENTS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL (DAMAGES OF ANY NATURE OR KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST REVENUES BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF PROFITS OR LOST PROFITS)OTHER ECONOMIC LOSS, PUNITIVEDAMANGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR EXEMPLARY DAMAGESLOSS OF DATA HOWEVER CASUSED, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY THIS AGREEMENT (INCLUDING DAMAGES ARISING OUT OF OR RELATED TO USE DISCLOSURE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION CONFIDENTIAL OR CLAIM YOU MAY HAVE ARISING PROPRIETARY INFORMATION) OR OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESOF, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLEDELIVERING, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLEINSTALLING, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)FURNISHING, OR OTHERWISEUSING THE SOFTWARE AND ANY SUPPORT, AND REGARDLESS OF WHETHER SUCH DAMAGESMAINTENANCE, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OTHER SERVICES THAT MAY BE PROVIDED BY BRAINSELL DIRECTLY OR HEALTH CURRENT PERSONNEL WERE INDIRECTLY TO YOU EVEN IF BRAINSELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES . IN NO EVENT WILL BRAINSELL BE LIABLE FOR ANY AMOUNT IN EXCESS OF ACTION OR CLAIMSTHE LIST PRICE BRAINSELL CHARGES FOR A SINGLE USER LICENSE TO THE SOFTWARE.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE MAXIMUM EXTENT PERMITTED BY LAW, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL MARKETING 360® SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR LOST PROFITS)DIMINUTION IN VALUE, PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY WAY CONNECTED WITH AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT FOR YOUR DOCUMENT SUBMISSIONS. LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE INDEMNIFICATION SERCTION AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY SHALL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE THIS AGREEMENT, WHETHER ARISING OUT OF OR IN ANY WAY CONNECTED RELATED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO MARKETING 360® FOR THE SERVICES SOLD HEREUNDER. WITHOUT LIMITING THE FOREGOING, MARKETING 360® IS NOT RESPONSIBLE FOR ANY DAMAGES DUE TO OMISSIONS OR OTHER ERRONEOUS DATA APPEARING IN CLIENT’S WEBSITE, BLOGS OR ON SOCIAL MEDIA. WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE. YOU UNDERSTAND AND REGARDLESS AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF WE WOULD NOT PROVIDE THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSSERVICES TO YOU.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTIN NO EVENT SHALL TFS, ITS ANY FINANCIAL INSTITUTION, OR ANY OF THEIR REPECTIVE EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS OR OFFICERS (COLLECTIVELY, THE “HEALTH CURRENT PERSONNELSERVICE PARTIES”), WILL NOT ) BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECTSPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED CONNECTION WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT THE EMPLOYER TFS ACCOUNT, THIS AGREEMENT, OR THE SERVICES PROVIDED BY TFS HERUENDER (HOWEVER ARISING, INCLUDING NEGLIGENCE) INCLUDING, WITHOUT LIMITATION, THE LOSS OF PROFIT, USE, SAVINGS, OR RELATED TO USE OF REVENUE, OR THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT CLAIMS OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY , WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO EMPLOYER. THE ENTIRE AND AGGREGATE LIABILITY OF THE SERVICE PARTIES, AND EMPLOYER’S EXCLUSIVE REMEDY, WITH RESPECT TO ANY CLAIM CONCERNING OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE SUBJECT MATTER OF THIS AGREEMENT, IN ANY AND ALL CIRCUMSTANCES, SHALL BE THE RECOVERY BY EMPLOYER OF EMPLOYER’S PROVEN, ACTUALLY INCURRED, DIRECT DAMAGES; PROVIDED, LIABILITYHOWEVER, CAUSES IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF ACTION THE SERVICE PARTIES FOR ALL DAMAGES FOR ALL CLAIMS WHETHER IN CONTRACT, TORT OR CLAIMSOTHERWISE HOWSOEVER CAUSED OR ARISING, EXCEED THE TOTAL AMOUNT PAID BY EMPLOYER TO TFS IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSLimitation. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY CORE SMARTWORK BE LIABLE TO CUSTOMER FOR DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO USE THIS AGREEMENT, EXCEPT TO THE EXTENT DIRECTLY CAUSED BY CORE SMARTWORK’S GROSS NEGLIGENCE OR INTENTIONAL ACTS OR OMISSIONS. TO THE MAXIMUM EXTENT MANDATED BY LAW, IN NO EVENT WILL CORE SMARTWORK AND ITS SUBCONTRACTORS BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE AZHDR EXCEED $50.00EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO CUSTOMER. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR CORE SMARTWORK’S AND ITS SUBCONTRACTOR’S LIABILITY UNDER THIS AGREEMENT WILL NOT, IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER EVENT, REGARDLESS OF WHETHER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLEBASED IN CONTRACT, AND YOU AGREE NOT TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED THE FEES PAID BY CUSTOMER DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIESDAMAGES. THE FOREGOING LIMITATIONS WILL SHALL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION CORE SMARTWORK OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ITS SUBCONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. CORE SMARTWORK SHALL NOT BE RESPONSIBLE FOR DATA OR INFORMATION UPLOADED, LIABILITY, CAUSES PUBLISHED OR OTHERWISE USED WITH THE SOFTWARE OR THAT IS REFERENCED OR LINKED TO BY THE SOFTWARE. CUSTOMER MAY NOT BRING A CLAIM UNDER THIS AGREEMENT MORE THAN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION OR CLAIMS.ARISES. CONFIDENTIALITY

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTIN NO EVENT SHALL EITHER PARTY, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT AFFILIATES OR EMPLOYEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY FORM OF INDIRECT, INCIDENTALSPECIAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY PUNITIVE DAMAGES, PENALTIESINCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PRODUCTION, LOSS OF PRODUCT, LOSS OF REVENUE, LOSS OF PROFITS OR SPECIAL LIABILITY ARISING OUT LOSS OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESDATA DAMAGES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGESDAMAGES ARISE IN CONTRACT OR TORT AND IRRESPECTIVE OF FAULT, LIABILITY, CAUSES OF ACTION NEGLIGENCE OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, LIABILITYNOTHING HEREIN SHALL LIMIT (I) ESCO’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 6.1.2 WITH RESPECT TO ANY SPECIAL, CAUSES CONSEQUENTIAL OR PUNITIVE DAMAGES THAT ARE AWARDED AGAINST AN INDEMNIFIED PARTY IN CONNECTION WITH A THIRD-PARTY CLAIM, OR (II) EITHER PARTY’S LIABILITY FOR THE GROSS NEGLIENCE OR WILLFUL MISCONDUCT OF ACTION SUCH PARTY. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT OR CLAIMSTHE CONTRACT DOCUMENTS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF ESCO FOR DAMAGES UNDER THIS AGREEMENT AND THE CONTRACT DOCUMENTS SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY DISTRICT FOR THE SERVICE(S) GIVING RISE TO THE CLAIM. CONTRACT SUM. NOTWITHSTANDING THE FOREGOING, THIS LIMITATION OF LIABILITY SHALL, IN NO EVENT, LIMIT ESCO’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 6.1.2 WITH RESPECT TO ANY THIRD-PARTY CLAIM, NOR SHALL IT LIMIT ESCO’S LIABILITY WITH RESPECT TO ANY OTHER CLAIM TO THE EXTENT CAUSED BY ESCO’S NEGLIGENCE OR WILLFUL MISCONDUCT.

Limitations of Liability. YOU UNDERSTAND THE PARTIES CONFIRM THAT THE EXPRESS REMEDIES AND AGREE THAT HEALTH CURRENTMEASURES OF DAMAGES PROVIDED IN THE CONTRACT SATISFY THE ESSENTIAL PURPOSES HEREOF. FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, ITS MEMBERSSUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, OFFICERSTHE OBLIGOR'S LIABILITY SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION, DIRECTORSAND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN, REPRESENTATIVESTHE OBLIGOR'S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, EMPLOYEESSUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE DAMAGES. UNLESS EXPRESSLY HEREIN PROVIDED, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT NEITHER PARTY SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, EXEMPLARY OR EXEMPLARY INDIRECT DAMAGES, PENALTIESLOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH LIABILITIES ARISE AS A RESULT OF A THIRD PARTY CLAIM FOR WHICH INDEMNIFICATION IS OWED UNDER THE RFP, OR SPECIAL LIABILITY ARISING OUT ARISE AS A RESULT OF A PARTY'S GROSS NEGLIGENCE OR IN WILLFUL MISCONDUCT (TO THE EXTENT SUCH DAMAGES ARE AUTHORIZED AGAINST DOC UNDER APPLICABLE LAW). TO THE EXTENT ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR RELATED IMPOSSIBLE TO USE DETERMINE, OR OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE AZHDR EXCEED $50.00HARM OR LOSS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE THE PARTIES AGREE THAT (1) YEAR AFTER IN THE CAUSE OF ACTION ACCRUESEVENT THAT ANY TAX CREDITS CLAIMED OR RECEIVED BY CONTRACTOR (OR ITS TAX INVESTORS) WITH RESPECT TO THE SYSTEM ARE RECAPTURED, OTHERWISE SUCH CAUSE OF ACTION THE RECAPTURED AMOUNT SHALL BE DEEMED TO BE DIRECT AND NOT INDIRECT OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLECONSEQUENTIAL DAMAGES, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR (2) IN THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF EVENT THAT A BREACH OF CONTRACTTHE CONTRACT CAUSES CONTRACTOR TO LOSE THE BENEFIT OF ANY ENVIRONMENTAL ATTRIBUTES OR ANY ENVIRONMENTAL INCENTIVES, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY AMOUNT OF SUCH ENVIRONMENTAL ATTRIBUTES OR ENVIRONMENTAL INCENTIVES SHALL BE DIRECT AND NOT INDIRECT OR CONSEQUENTIAL DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS.

Limitations of Liability. YOU UNDERSTAND THE TOTAL LIABILITY OF SELLER, INCLUDING ITS SUBCONTRACTORS OR SUPPLIERS, ON ANY AND AGREE THAT HEALTH CURRENTALL CLAIMS, ITS MEMBERSWHETHER IN CONTRACT, OFFICERSWARRANTY, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL TORT (INCLUDING WITHOUT LIMITATION LOST REVENUES NEGLIGENCE OR LOST PROFITS)PATENT INFRINGEMENT) OR OTHERWISE, PUNITIVEARISING OUT OF, CONNECTED WITH, OR EXEMPLARY DAMAGESRESULTING FROM THE PERFORMANCE OR NONPERFORMANCE OF ANY AGREEMENT RESULTING HERE FROM OR FROM THE MANUFACTURE, PENALTIESSALE, DELIVERY, RESALE, REPAIR, REPLACEMENT OR SPECIAL LIABILITY ARISING OUT USE OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSPRODUCT RELATING THERETO SHALL NOT EXCEED THE PRICE ALLOCABLE TO THE PURCHASE ORDER WHICH DIRECTLY GIVES RISE TO THE CLAIM. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESEVENT, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), NEGLIGENCE OR PATENT INFRINGEMENT) OR OTHERWISE, AND REGARDLESS SHALL SELLER, OR ITS SUBCONTRACTORS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF WHETHER PROFIT OR REVENUES, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT OR SOFTWARE OR DATA, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR REPLACEMENT POWER OR DOWNTIME COSTS FOR SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR CLAIM. PURCHASER ACKNOWLEDGES THAT THESE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT SELLER WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. 7. FORCE MAJEURE. Seller will use reasonable efforts to complete shipment of Products in accordance with the requested delivery dates, LIABILITYbut will not be liable for any loss or damage for delay in delivery, CAUSES OF ACTION OR CLAIMSinability to implant or any other failure due to causes beyond its reasonable control including acts of government or compliance with any governmental rules or regulations, acts of God or the public, war, civil commotion, blockades, embargos, calamities, floods, fires, earthquakes, explosions, storms, strikes, lockouts, labor disputes, or unavailability of labor, raw materials, power or supplies. 8.

Limitations of Liability. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU UNDERSTAND ACKNOWLEDGE AND AGREE THAT HEALTH CURRENTM86, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR SUPPLIERS AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), ITS AUTHORIZED RESELLERS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, INCIDENTALSPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION LOST REVENUES LIMITATION, DAMAGES ARISING FROM: LOSS OF REVENUE OR LOST PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OR DISCLOSURE OF CONFIDENTIAL INFORMATION OR OTHER INFORMATION OR DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE (WHETHER ACTIVE OR PASSIVE), PUNITIVE, AND ANY OTHER PECUNIARY OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY CONNECTED CONNECTION WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR RELATED TO USE INTERRUPTION OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION PRODUCT OR CLAIM YOU MAY HAVE ARISING OUT OF OR THE SUPPORT AND SUBSCRIPTION SERVICES, WHETHER BASED IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), GROSS NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISEOTHERWISE AND EVEN IF M86, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION ITS SUPPLIERS OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ITS AUTHORIZED RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, LIABILITYYOU ACKNOWLEDGE AND AGREE THAT THE TOTAL LIABILITY TO YOU OR ANY THIRD PARTY OF M86 AND ITS SUPPLIERS AND AUTHORIZED RESELLERS UNDER THIS AGREEMENT OR WITH RESPECT TO THE SUPPORT AND SUBSCRIPTION SERVICES IS LIMITED TO REPLACEMENT, CAUSES REPAIR OR REFUND OF ACTION THE PURCHASE PRICE OR CLAIMSLICENSE FEE PAID FOR THE PRODUCT ON A PRO-RATED BASIS OVER THE APPLICABLE LICENSE TERM OR, IF THE PRODUCT IS UNDER PERPETUAL LICENSE, ON A THREE (3) YEAR STRAIGHT LINE AMORTIZATION COMMENCING ON THE DATE OF FIRST DELIVERY OF THE PRODUCT TO YOU UNDER THIS AGREEMENT, AT M86'S OPTION.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT(a) SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT IN NO EVENT SHALL RIM BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECTOF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)INDIRECT, SPECIAL, PUNITIVE, MORAL OR EXEMPLARY AGGRAVATED DAMAGES, PENALTIESDAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR SPECIAL LIABILITY ARISING OUT CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN ANY WAY CONNECTED CONJUNCTION WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO USE THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION YOUR BLACKBERRY SOLUTION, WHETHER OR CLAIM YOU MAY HAVE ARISING OUT OF NOT SUCH DAMAGES WERE FORESEEN OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLEUNFORESEEN, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE MAXIMUM EXTENT PERMITTED BY LAW, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR LOST PROFITS)DIMINUTION IN VALUE, PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY WAY CONNECTED WITH AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT FOR YOUR DOCUMENT SUBMISSIONS. LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE INDEMNIFICATION SECTION AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY SHALL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE THIS AGREEMENT, WHETHER ARISING OUT OF OR IN ANY WAY CONNECTED RELATED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO THE COMPANY FOR THE SERVICES SOLD HEREUNDER. WITHOUT LIMITING THE FOREGOING, THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGES DUE TO OMISSIONS OR OTHER ERRONEOUS DATA APPEARING IN CLIENT’S WEBSITE, BLOGS OR ON SOCIAL MEDIA.WE FURTHER DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE. YOU UNDERSTAND AND REGARDLESS AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF WE WOULD NOT PROVIDE THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSSERVICES TO YOU.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNELTRANSX, TRANSX’S LIABILTY AFFILIATES, TRANSX’S LICENSORS OR CHANNEL PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE TRANSX SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO USE OF THIS XXXX OR THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE SOFTWARE, WHETHER ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISEOTHERWISE AND WHETHER OR NOT TRANSX, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION TRANSX’S LICENSORS OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION 6, TRANSX’S LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS XXXX AGAINST YOU. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, CAUSES THIS LIMITATION OF ACTION LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR CLAIMSMUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS XXXX GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. IN NO EVENT SHALL TRANSX’S, TRANSX’S AFFILIATES’, TRANSX’S LICENSORS’ OR CHANNEL PARTNERS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE TRANSX SERVICES OVER THE PREVIOUS SIX (6) MONTHS OR FIVE THOUSAN DOLLARS ($5,000.00), WHICHEVER IS LESS.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), IN NO EVENT WILL NOT HTC OR ANY HTC SUPPLIER OR LICENSOR BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST REVENUES LOSS OF PROFITS, GOODWILL, ANTICIPATED SAVINGS, LOSS OR LOST PROFITS), PUNITIVE, CORRUPTION OF DATA OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THIS AGREEMENT OR THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESSOFTWARE AND ENTERPRISE PORTAL, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF HTC AND ITS SUPPLIERS AND LICENSORS UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU PAID FOR YOUR AFFECTED VIVE DEVICE. THE SOFTWARE AND ENTERPRISE PORTAL WAS DESIGNED FOR SYSTEMS THAT DO NOT REQUIRE FAIL-SAFE PERFORMANCE. HTC IS NOT LIABLE FOR USE OF THE SOFTWARE OR ENTERPRISE PORTAL IN ANY DEVICE OR SYSTEM IN WHICH A MALFUNCTION WOULD RESULT IN FORESEEABLE RISK OF INJURY OR DEATH TO ANY PERSON. UNLESS THE FOLLOWING LIMITATION IS PROHIBITED BY APPLICABLE LAW, LIABILITYYOU AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, CAUSES OF ACTION OR CLAIMSOTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE).

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTSERVER MANIA, ITS MEMBERSDIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS (IT BEING ACKNOWLEDGED BY THE SUBSCRIBER THAT FOR THE PURPOSES OF THIS SECTION ONLY, SERVER MANIA IS CONTRACTING AS AGENT ON BEHALF OF ITS DIRECTORS, REPRESENTATIVESOFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL ) SHALL NOT BE LIABLE TO YOU THE SUBSCRIBER OR ANYONE ELSE ANY OTHER PERSON (EXCEPT FOR PHYSICAL INJURIES AS A RESULT OF SERVER MANIA’S NEGLIGENCE) FOR (1) ANY INDIRECTSPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING OR PUNITIVE DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION LOST REVENUES LIMITATION, PROPERTY DAMAGE, LOSS OF DATA, LOSSES RESULTING FROM A THIRD PARTY’S UNAUTHORISED ACCESS TO DATA, LOSS OF PROFIT, LOSS OF EARNINGS, FINANCIAL LOSS, LOSS OF BUSINESS OPPORTUNITY, PERSONAL INJURY, DEATH OR LOST PROFITS)ANY OTHER DAMAGE OR LOSS HOWEVER CAUSED, PUNITIVERESULTING DIRECTLY OR INDIRECTLY, OR EXEMPLARY DAMAGESRELATING, PENALTIESIN ANY MANNER, TO THE TERMS AND CONDITIONS HEREIN, THE SERVER MANIA SERVICES, OR SPECIAL LIABILITY ARISING OUT THE SUBSCRIBER’S COMPUTER SYSTEM; OR (2) DEFAMATION OR COPYRIGHT INFRINGEMENT THAT RESULTS FROM MATERIAL TRANSMITTED OR RECEIVED OTHER THAN THE SERVER MANIA’S SERVICES. THESE LIMITS APPLY TO ANY ACT OR OMMISION OF SERVER MANIA, SERVER MANIA’S EMPLOYEES, OR AGENTS, WHICH WOULD OTHERWISE BE A CAUSE OF ACTION IN CONTRACT, TORT OR ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. OTHER DOCTRINE OF LAW AND IN NO EVENT WILL HEALTH CURRENT PERSONNELSHALL SERVER MANIA’S LIABILTY ARISING OUT OF OR RELATED LIABILITY TOWARD THE SUBSCRIBER EXCEED THE TOTAL AMOUNT PAID TO USE SERVER MANIA BY THE SUBSCRIBER FOR ANY AFFECTED SERVICE, DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE AZHDR EXCEED $50.00CLAIM. ANY CAUSE THIS SECTION SHALL CONTINUE TO APPLY NOTWITHSTANDING EXPIRATION OR TERMINATION OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSTHESE TOS.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT IN NO EVENT SHALL EITHER PARTY BE LIABLE TO YOU ANYONE FOR LOST PROFITS OR ANYONE ELSE REVENUE OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)CONSEQUENTIAL, PUNITIVE, COVER, SPECIAL OR EXEMPLARY DAMAGES, PENALTIESOR INDIRECT DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF CUSTOMER DATA, REVENUE, PROFITS, USE OR SPECIAL OTHER ECONOMIC ADVANTAGE), WHETHER SUCH LIABILITY ARISES FROM BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STATUTORY DUTY OR ANY OTHER LEGAL CAUSE OF ACTION ARISING FROM OR IN CONNECTION WITH THE APPLICABLE STATEMENT OF WORK (“SOW”). NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE APPLICABLE SOW OR THIS PSA THE MAXIMUM LIABILITY OF SUITE ENGINE TO ANY PERSON, FIRM OR CORPORATION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT PROFESSIONAL SERVICES, DELIVERABLES AND/OR TOOLS WHETHER SUCH LIABILITY ARISES FROM BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STATUTORY DUTY OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY OTHER LEGAL CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF FROM OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST CONNECTION WITH THE APPLICABLE SOW, SHALL BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, AMOUNT PAID BY CUSTOMER FOR THE CONDUCT OF THIRD PARTIESPROFESSIONAL SERVICES GIVING RISE TO THE CLAIM FOR THE PRECEDING TWELVE (12) MONTHS. THE FOREGOING ESSENTIAL PURPOSE OF THIS PROVISION IS TO LIMIT THE POTENTIAL LIABILITY OF THE PARTIES ARISING FROM THIS PSA AND ANY SOW. THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS WILL SET FORTH IN THIS SECTION ARE INTEGRAL TO THE AMOUNT OF CONSIDERATION LEVIED IN CONNECTION WITH THE PROFESSIONAL SERVICES AND THAT, WERE SUITE ENGINE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN, SUCH CONSIDERATION WOULD OF NECESSITY BE SET SUBSTANTIALLY HIGHER. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY WHETHER SUCH TO A CUSTOMER’S BREACH OF SECTION 7 OF THIS PSA OR WITH REGARDS TO AMOUNTS DUE BY CUSTOMER UNDER THIS PSA. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, LIABILITY, CAUSES SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO CUSTOMER. NOTHING IN THIS PSA EXCLUDES OR RESTRICTS THE LIABILITY OF ACTION EITHER PARTY FOR DEATH OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS.

Limitations of Liability. YOU UNDERSTAND THE LIABILITY OF FECA BILLING AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEESFECA BILLING’s PERSONNEL, AGENTS, AFFILIATES, VENDOR SUBCONTRACTORS AND BUSINESS PARTNERS (COLLECTIVELYLICENSORS TO CUSTOMER AND CUSTOMER’S PERSONNEL, “HEALTH CURRENT PERSONNEL”)AGENTS, WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECTAFFILIATES, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY SUBCONTRACTORS AND CUSTOMERS ARISING OUT OF THIS AGREEMENT AND/OR THE SERVICES AND PRODUCTS PROVIDED TO CUSTOMER HEREUNDER SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED, IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSTHE AGGREGATE, THE AMOUNT OF THE SERVICE FEES PAID BY CUSTOMER TO FECA BILLING UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH SUCH LIABILITY AROSE. IN NO EVENT WILL HEALTH CURRENT SHALL FECA BILLING OR FECA BILLING’s PERSONNEL’S LIABILTY ARISING OUT OF , AGENTS, AFFILIATES, SUBCONTRACTORS AND LICENSORS BE LIABLE FOR THIRD PARTY CONTENT THAT GETS UPLOADED OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR INCORPORTATED IN ANY WAY CONNECTED INTO DEVELOPMENT TOOLS SOLUTION OR YOUR WEBSITE AND WHICH FAILS TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER MEET GUIDELINES OR VIOLATES THE CAUSE AMERICANS WITH DISABILITIES ACT, §§504, or 508 OF ACTION ACCRUESTHE REHIBILITATION ACT OF 1973 et seq. OR ANY STATE LAWS REGARDING DISABILITY ACCOMODATIONS, OTHERWISE SUCH CAUSE OF ACTION INCIDENTAL, SPECIAL, INDIRECT OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT CONSEQUENTIAL DAMAGES (INCLUDING NEGLIGENCE)LOST PROFITS OR MISSED SAVINGS) SUFFERED BY CUSTOMER, CUSTOMER’s PERSONNEL, AGENTS, AFFILIATES, SUBCONTRACTORS OR OTHERWISEEND-USER, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF FECA BILLING HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES . IN NO EVENT SHALL A CAUSE OF ACTION BE ASSERTED BY ONE PARTY AGAINST THE OTHER PARTY PURSUANT TO THIS AGREEMENT MORE THAN TWO (2) YEARS AFTER SUCH CAUSE OF ACTION AROSE; PROVIDED, HOWEVER, THAT SUCH LIMITATION SHALL NOT APPLY TO INFRINGEMENT OF FECA BILLING’s INTELLECTUAL PROPERTY, BREACHES BY CUSTOMER OF FECA BILLING’s INTELLECTUAL PROPERTY RIGHTS OR CLAIMSCUSTOMER’S DUTY OF CONFIDENTIALITY TO FECA BILLING HEREUNDER.

Limitations of Liability. YOU UNDERSTAND 8.1 COMPANY’S REPRESENTATIONS AND AGREE THAT WARRANTIES ARE THOSE SET FORTH IN ARTICLE 7 OF THIS AGREEMENT. COMPANY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. COMPANY DOES NOT GUARANTEE THE PAYMENT OR THE TIMING OF PAYMENT OF ANY CLAIMS SUBMITTED THROUGH THE SERVICES. PAYMENT REMAINS THE RESPONSIBILITY OF THE PARTICULAR PAYER OF HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE CARE SERVICES AND/OR SUPPLIER TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSWHICH THE CUSTOMER IS SUBMITTING. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF SHALL EITHER PARTY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH SPECIAL DAMAGES, LIABILITYINCLUDING BUT NOT LIMITED TO LOST PROFITS, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER EVEN IF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S AGGREGATE LIABILITY TO CUSTOMER UNDER THIS AGREEMENT AND WITH RESPECT TO THE IP FURNISHED HEREUNDER (WHETHER UNDER CONTRACT, LIABILITYTORT, CAUSES OR ANY OTHER THEORY OF ACTION LAW OR CLAIMSEQUITY) SHALL NOT EXCEED, UNDER ANY CIRCUMSTANCES, THE PRICE PAID BY CUSTOMER TO COMPANY FOR THE PARTICULAR IP INVOLVED DURING THE ONE YEAR PRECEDING CUSTOMER’S CLAIM. THE FOREGOING LIMITATION OF LIABILITY REPRESENTS THE ALLOCATION OF RISK OF FAILURE BETWEEN THE PARTIES AS REFLECTED IN THE PRICING HEREUNDER AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE MAXIMUM EXTENT PERMITTED BY LAW, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL MARKETING 360 SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR LOST PROFITS)DIMINUTION IN VALUE, PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY WAY CONNECTED WITH AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT FOR YOUR DOCUMENT SUBMISSIONS. LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE INDEMNIFICATION SECTION AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY SHALL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE THIS AGREEMENT, WHETHER ARISING OUT OF OR IN ANY WAY CONNECTED RELATED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO MARKETING 360 FOR THE SERVICES SOLD HEREUNDER. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. WITHOUT LIMITING THE FOREGOING, MARKETING 360 IS NOT RESPONSIBLE FOR ANY DAMAGES DUE TO ANY CONTENT, OMISSIONS, OR ERRONEOUS DATA APPEARING IN CLIENT’S WEBSITE, BLOGS OR ON SOCIAL MEDIA OR ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF CLIENT DATA WITHIN CLIENT’S MARKEITNG 360 ACCOUNT. WE FURTHER DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE IN CONJUNCTION WITH THESE SERVICES. YOU UNDERSTAND AND REGARDLESS AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF WE WOULD NOT PROVIDE THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSSERVICES TO YOU.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE MAXIMUM EXTENT PERMITTED BY LAW, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL MARKETING 360 SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR LOST PROFITS)DIMINUTION IN VALUE, PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY WAY CONNECTED WITH AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT FOR YOUR DOCUMENT SUBMISSIONS. LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE INDEMNIFICATION SECTION AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY SHALL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE THIS AGREEMENT, WHETHER ARISING OUT OF OR IN ANY WAY CONNECTED RELATED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ) OR OTHERWISE, AND REGARDLESS EXCEED THE TOTAL OF WHETHER SUCH THE AMOUNTS YOU PAID TO MARKETING 360 FOR THE SERVICES SOLD HEREUNDER. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. WITHOUT LIMITING THE FOREGOING, MARKETING 360 IS NOT RESPONSIBLE FOR ANY DAMAGES DUE TO ANY CONTENT, OMISSIONS, OR ERRONEOUS DATA APPEARING IN CLIENT’S WEBSITE, BLOGS OR ON SOCIAL MEDIA OR ANY LOSS, DAMAGES, CORRUPTION OR BREACH OF CLIENT DATA WITHIN CLIENT’S MARKEITNG 360 ACCOUNT. WE FURTHER DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE IN CONJUNCTION WITH THESE SERVICES. YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF WE WOULD NOT PROVIDE THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSSERVICES TO YOU.

Limitations of Liability. YOU UNDERSTAND SAFETY NET IS PART OF AN ADVANCED RADIO COMMUNICATION SYSTEM. IT DOES NOT OFFER GUARANTEED PROTECTION AGAINST BURGLARY AND AGREE FIRE. ANY ALARM COMMUNICATION SYSTEM IS SUBJECT TO COMPROMISE OR FAILURE. THE RADIO WILL NOT WORK WITHOUT POWER. ELECTRICALLY POWERED DEVICES WILL NOT WORK IF THE POWER SUPPLY IS OFF FOR ANY REASON, HOWEVER BRIEFLY. THIS EQUIPMENT, LIKE ANY OTHER ELECTRICAL DEVICE, IS SUBJECT TO COMPONENT FAILURE. ALTHOUGH THIS EQUIPMENT IS DESIGNED TO BE LONG LASTING, THE ELECTRICAL COMPONENTS COULD FAIL AT ANY TIME. DUE TO THESE LIMITATIONS, WE RECOMMEND THE USER TO TEST THE SYSTEM AT LEAST ONCE EVERY MONTH AND ARRANGEMENTS SHOULD ALSO BE MADE FOR ON‐SITE INSPECTION/TEST BY A LICENSED ALARM INSTALLER AT LEAST ONCE EACH YEAR. IF THE NETWORK ‐ OR THE NETWORK'S CONNECTIVITY TO THE MONITORING CENTER ‐ IS DAMAGED, DESTROYED, INTERRUPTED, CIRCUMVENTED, COMPROMISED OR MALFUNCTIONS FOR ANY REASON, SERVICE IS AUTOMATICALLY SUSPENDED WITHOUT NOTICE AND WITHOUT LIABILITY TO SAFETY NET. ALARM COMPANY AGREES AND UNDERSTANDS: THAT HEALTH CURRENT, NEITHER SAFETY NET NOR ITS MEMBERSDIRECTORS, OFFICERS, DIRECTORSSHAREHOLDERS, REPRESENTATIVESPARTNERS, EMPLOYEESPRINCIPALS, AGENTS, AFFILIATESSERVANTS OR EMPLOYEES AND THEIR SUCCESSORS, VENDOR ASSIGNS, HEIRS AND BUSINESS PARTNERS PERSONAL REPRESENTATIVES (COLLECTIVELYHEREINAFTER, “HEALTH CURRENT PERSONNEL”)COLLECTIVELY "SAFETY NET ASSOCIATES") IS AN INSURER; THAT IT IS THE SPECIFIC INTENT OF THE PARTIES THAT (I) INSURANCE COVERING ALL LOSS, WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY DAMAGE AND EXPENSE ARISING OUT OF OR FROM, IN CONNECTION WITH OR RESULTING FROM PERSONAL INJURY INCLUDING, WITHOUT LIMITATION, MEDICAL, DISABILITY AND OTHER INSURANCE FOR PHYSICAL, MENTAL AND EMOTIONAL CONDITIONS, LIFE INSURANCE, AND REAL OR PERSONAL PROPERTY INSURANCE SHALL BE OBTAINED AND MAINTAINED BY THE SUBSCRIBER,(II) RECOVERY FOR ALL SUCH LOSS, DAMAGE AND EXPENSE SHALL BE LIMITED TO ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSSUCH INSURANCE COVERAGE ONLY, AND (lll) SAFETY NET AND SAFETY NET ASSOCIATES ARE RELEASED FROM ANY AND ALL LIABILITY FOR ALL SUCH LOSS, DAMAGE AND EXPENSE; THAT SAFETY NET AND SAFETY NET ASSOCIATES MAKE NO EXPRESS GUARANTEE. IN REPRESENTATION OR WARRANTY; THAT SAFETY NET DOES NOT WARRANT OR GUARANTEE THAT EITHER NO EVENT LOSS OR DAMAGE WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OCCUR OR INCREASED LOSS OR DAMAGE WILL NOT OCCUR; THAT SAFETY NET AND SAFETY NET ASSOCIATES ARE RELEASED FOR ALL LOSS OR DAMAGE WHICH MAY OCCUR BEFORE OR AFTER THE SIGNING OF THIS AGREEMENT EVEN IF DUE TO THE IMPROPER PERFORMANCE OF OR RELATED FAILURE TO USE PERFORM OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION SAFETY NET OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESSAFETY NET ASSOCIATES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)BREACH OF EXPRESS WARRANTY, OR OTHERWISEBY LOSS OR DAMAGE TO OR MALFUNCTION OF FACILITIES; THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF SAFETY NET OR SAFETY NET ASSOCIATES FOR PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE, REAL OR PERSONAL, WHICH IS IN CONNECTION WITH, ARISES OUT OF OR FROM, RESULTS FROM, IS RELATED TO OR IS A CONSEQUENCE OF THE SERVICE, THE FAILURE OR FAULTY OPERATION OF THE FACILITIES, OR THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE OF SAFETY NET ASSOCIATES OR SAFETY NET, INCLUDING, WITHOUT LIMITATION, ACTS, ERRORS OR OMISSIONS WHICH OCCUR BEFORE OR AFTER THE SIGNING OF THIS AGREEMENT, OR ANY CLAIMS BROUGHT IN PRODUCT OR STRICT LIABILITY, BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, OR FOR CONTRIBUTION OR INDEMNIFICATION, INCLUDING, WITHOUT LIMITATION, ANY GENERAL, DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, STATUTORY OR CONSEQUENTIAL DAMAGES, IRRESPECTIVE OF CAUSE, SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM SUM OF $1,000.00 COLLECTIVELY FOR SAFETY NET AND SAFETY NET ASSOCIATES, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSTHIS LIABILITY SHALL BE EXCLUSIVE.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTSHOULD END USER, ANY PARTY CLAIMING THROUGH END USER, OR ANY PARTY CLAIMING TO HAVE IN ANY WAY RELIED UPON THE SERVICE SUFFER ANY LOSS, DAMAGE, COST OR EXPENSE FROM ITS USE OF THE SERVICE, THEN THE MAXIMUM AGGREGATE AMOUNT OF LIABILITY OF RED SKY, ITS MEMBERS, OFFICERS, DIRECTORSEMPLOYEES AND AGENTS WILL BE LIMITED TO THE SERVICE FEES PAID OR PAYABLE TO RED SKY FOR THE SERVICE THAT CAUSED OR ALLEGEDLY CAUSED SUCH LOSS, REPRESENTATIVESDAMAGE, EMPLOYEESCOST OR EXPENSE DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE FIRST ACT GIVING RISE TO LIABILITY. IN NO EVENT SHALL RED SKY, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT UNDER THIS AGREEMENT OR OTHERWISE BE LIABLE TO YOU OR ANYONE ELSE OBLIGATED IN ANY MANNER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL COLLATERAL, CONSEQUENTIAL, STATUTORY, OR PUNITIVE DAMAGES. THE LIABILITIES LIMITED BY THIS SECTION 6 APPLY: (i) TO LIABILITY FOR NEGLIGENCE; (ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, EQUITY, TORT, OR OTHERWISE (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITSBREACH OF WARRANTY, AND STRICT LIABILITY IN TORT), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR ; (iii) EVEN IF RED SKY IS INFORMED IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE ADVANCE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY POSSIBLITY OF SUCH DAMAGESDAMAGES OCCURRING AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (iv) EVEN IF END USER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. THIS LIMITAITON IS SEPARATE AND INDEPENDENT OF ANY OTHER REMEDY LIMITATIONS AND SHALL NOT FAIL IF SUCH OTHER LIMITATION OR REMEDY FAILS. If applicable law limits the application of the provisions of this Section 6, LIABILITY, CAUSES OF ACTION OR CLAIMSRed Sky's liability will be limited to the maximum extent permissible.

Limitations of Liability. YOU UNDERSTAND EXCEPT IN THE CASE OF WASABI’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, WASABI AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AFFILIATES AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), LICENSORS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST REVENUES DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR LOST PROFITSDATA), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY EVEN IF WE HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITYAND REGARDLESS OF THE FORM OF ACTION. EXCEPT IN THE CASE OF WASABI’S GROSS NEGLIGENCE, CAUSES WILLFUL MISCONDUCT OR FRAUD, WASABI AND ITS AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF ACTION THE FORM OF ACTION, WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAY WASABI UNDER THIS AGREEMENT FOR THE WASABI SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE. IF WASABI SERVICE (OR CLAIMSANY OTHER WASABI PRODUCT) IS PROVIDED TO YOU WITHOUT CHARGE, THEN WASABI WILL HAVE NO LIABILITY TO YOU WHATSOEVER, AND IN ANY EVENT NO MORE THAN $500. YOU EXPRESSLY RECOGNIZE AND ACKNOWLEDGE THAT THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION ARE AN ESSENTIAL PART OF THE AGREEMENT AND AN ESSENTIAL FACTOR IN ESTABLISHING THE PRICE OF WASABI SERVICE. THE FOREGOING DISCLAIMERS AND LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW AND NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY PROVIDED IN THIS AGREEMENT.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE FULLEST EXTENT PERMITTED BY LAW, ITS MEMBERSSELLER’S TOTAL LIABILITY TO BUYER, OFFICERSBUYER’S CUSTOMERS, DIRECTORSOR TO ANY OTHER PERSON, REPRESENTATIVESRELATING TO ANY PURCHASES AND/OR PRODUCT GOVERNED BY THIS AGREEMENT, EMPLOYEESFROM THE USE OF THE PRODUCT FURNISHED, AGENTSOR FROM ANY ADVICE, AFFILIATESINFORMATION OR ASSISTANCE PROVIDED BY SELLER (BY ANY METHOD, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”INCLUDING A WEBSITE), WILL IS LIMITED TO THE PRICE OF THE PRODUCT GIVING RISE TO THE CLAIM. SELLER SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECTSPECIAL, INCIDENTAL, DIRECT, CONSEQUENTIAL OR PENAL DAMAGES (INCLUDING INCLUDING, WITHOUT LIMITATION LOST REVENUES LIMITATION, BACK-CHARGES, LABOR COSTS, COSTS OF REMOVAL, REPLACEMENT, TESTING, LOSS OF BUSINESS, LOSS OF PROFITS OR LOST PROFITS)REVENUES, PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT LOSS OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00PRODUCT OR ANY ASSOCIATED GOODS, DAMAGE TO ASSOCIATED GOODS, LATENESS OR DELAYS IN DELIVERY, UNAVAILABILITY OF PRODUCT, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCT, FACILITIES OR SERVICES, DOWNTIME, OR CLAIMS FROM BUYER’S CUSTOMERS OR OTHER PARTIES). IF SELLER FURNISHES BUYER WITH ADVICE OR OTHER ASSISTANCE WHICH CONCERNS ANY CAUSE OF ACTION PRODUCT SUPPLIED HEREUNDER, OR CLAIM YOU ANY OTHER PRODUCT OR GOOD IN WHICH ANY SUCH PRODUCT MAY HAVE ARISING OUT OF BE PLACED OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST WHICH SUCH PRODUCT MAY BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLECOMBINED, AND YOU AGREE WHICH IS NOT REQUIRED PURSUANT TO SEEK THIS AGREEMENT, THE FURNISHING OF SUCH ADVICE OR ASSISTANCE WILL NOT SUBJECT SELLER TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, ANY LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS. In no event shall Seller by liable to Buyer for any claims first asserted to or against Seller arising more than twelve (12) months following the Inspection Date (as defined herein above), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS.

Limitations of Liability. YOU UNDERSTAND THE TOTAL LIABILITY OF SELLER, INCLUDING ITS SUBCONTRACTORS OR SUPPLIERS, ON ANY AND AGREE THAT HEALTH CURRENTALL CLAIMS, ITS MEMBERSWHETHER IN CONTRACT, OFFICERSWARRANTY, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL TORT (INCLUDING WITHOUT LIMITATION LOST REVENUES NEGLIGENCE OR LOST PROFITS)PATENT INFRINGEMENT) OR OTHERWISE, PUNITIVEARISING OUT OF, CONNECTED WITH, OR EXEMPLARY DAMAGESRESULTING FROM THE PERFORMANCE OR NONPERFORMANCE OF ANY AGREEMENT RESULTING HERE FROM OR FROM THE MANUFACTURE, PENALTIESSALE, DELIVERY, RESALE, REPAIR, REPLACEMENT OR SPECIAL LIABILITY ARISING OUT USE OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSPRODUCT RELATING THERETO SHALL NOT EXCEED THE PRICE ALLOCABLE TO THE PURCHASE ORDER WHICH DIRECTLY GIVES RISE TO THE CLAIM. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESEVENT, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), NEGLIGENCE OR PATENT INFRINGEMENT) OR OTHERWISE, AND REGARDLESS SHALL SELLER, OR ITS SUBCONTRACTORS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF WHETHER PROFIT OR REVENUES, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT OR SOFTWARE OR DATA, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR REPLACEMENT POWER OR DOWNTIME COSTS FOR SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, DAMAGES OR CLAIM. PURCHASER ACKNOWLEDGES THAT THESE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT SELLER WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY, CAUSES OF ACTION OR CLAIMS.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE FULLEST EXTENT PERMITTED BY LAW, ITS MEMBERSSELLER’S TOTAL LIABILITY TO BUYER, OFFICERSBUYER’S CUSTOMERS, DIRECTORSOR TO ANY OTHER PERSON, REPRESENTATIVESRELATING TO ANY PURCHASES AND/OR PRODUCT GOVERNED BY THIS AGREEMENT, EMPLOYEESFROM THE USE OF THE PRODUCT FURNISHED, AGENTSOR FROM ANY ADVICE, AFFILIATESINFORMATION OR ASSISTANCE PROVIDED BY SELLER (BY ANY METHOD, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”INCLUDING A WEBSITE), WILL IS LIMITED TO THE LESSER OF THE PRICE OF THE PRODUCT GIVING RISE TO THE CLAIM OR THE AMOUNT PAID BY BUYER TO SELLER. SELLER SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECTSPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)DIRECT, CONSEQUENTIAL, GENERAL, PUNITIVE, OR EXEMPLARY DAMAGESPENAL DAMAGES (INCLUDING, PENALTIESWITHOUT LIMITATION, BACK- CHARGES, LABOR COSTS, COSTS OF REMOVAL, REPLACEMENT, TESTING, LOSS OF BUSINESS, LOSS OF PROFITS OR SPECIAL LIABILITY ARISING OUT REVENUES, LOSS OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00PRODUCT OR ANY ASSOCIATED GOODS, DAMAGE TO ASSOCIATED GOODS, LATENESS OR DELAYS IN DELIVERY, UNAVAILABILITY OF PRODUCT, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCT, FACILITIES OR SERVICES, DOWNTIME, OR CLAIMS FROM BUYER’S CUSTOMERS OR OTHER PARTIES). IF SELLER FURNISHES BUYER WITH ADVICE OR OTHER ASSISTANCE WHICH CONCERNS ANY CAUSE OF ACTION PRODUCT SUPPLIED HEREUNDER, OR CLAIM YOU ANY OTHER PRODUCT OR GOOD IN WHICH ANY SUCH PRODUCT MAY HAVE ARISING OUT OF BE PLACED OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST WHICH SUCH PRODUCT MAY BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLECOMBINED, AND YOU AGREE WHICH IS NOT REQUIRED PURSUANT TO SEEK THIS AGREEMENT, THE FURNISHING OF SUCH ADVICE OR ASSISTANCE WILL NOT SUBJECT SELLER TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, ANY LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS. SELLER MAKES NO WARRANTY OR REPRESENTATION REGARDING THE ABSENCE OF FOREIGN MATERIALS OR SUBSTANCES IN THE PURCHASED PRODUCT(S). BUYER IS ADVISED AND ACKNOWLEDGES THAT IT SHOULD, AT ALL TIMES, EXERCISE ITS OWN DUE DILIGENCE AND SHOULD IMPLEMENT ALL REASONABLE AND NECESSARY SAFEGUARDS AND MEASURES TO INSURE THAT NO UNDESIRABLE FOREIGN MATERIALS OR OTHERWISESUBSTANCES ARE CONTAINED IN THE PURCHASED PRODUCT(S) AFTER FINAL PROCESSING AND PRIOR TO BUYER’S SALE OR USE OF ANY INGREDIENT(S)/PRODUCT(S) OBTAINED BY OR THROUGH SELLER. WHEN BUYER HAS EXAMINED THE PRODUCT AS FULLY AS IT DESIRED OR HAS REFUSED TO EXAMINE THE PRODUCT, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THERE IS NO WARRANTY WITH REGARD TO ANY DEFECTS WHICH AN EXAMINATION OUGHT IN THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSCIRCUMSTANCES TO HAVE REVEALED TO BUYER.

Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), IN NO EVENT WILL NOT THE CREATOR ENTITIES BE LIABLE TO YOU OR ANYONE ELSE (A) FOR ANY INDIRECT, SPE- CIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST REVENUES IN- CLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR LOST SER- VICES, LOSS OF USE, DATA OR PROFITS), PUNITIVEBUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PROJECT NFT OR THE NFT MEDIA), HOWEVER CAUSED AND UNDER ANY THEORY OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION LIABILITY, WHETHER UNDER THESE TERMS OR CLAIM YOU MAY HAVE ARISING OUT OF OR OTHERWISE ARIS- ING IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER IN CONNECTION WITH THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION PROJECT NFTS AND NFT MEDIA OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE THESE TERMS AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF IN CONTRACT, PRODUCT LIABILITY OR TORT (INCLUDING IN- CLUDING STRICT LIABILITY OR NEGLIGENCE), ) OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF THE CRE- ATOR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE PROJECT NFTS AND NFT MEDIA. THE MAXIMUM AGGREGATE LIABILITY OF THE CREATOR ENTITIES FOR ALL DAMAGES AND CAUS- ES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (I) $100 OR (II) THE AMOUNT YOU PAID TO THE CREATORS FOR YOUR PROJECT NFT. SOME JURISDICTIONS) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCI- DENTAL OR CONSEQUENTIAL DAMAGES, LIABILITY, CAUSES OF ACTION SO THE ABOVE EXCLUSION OR CLAIMSLIMITA- TION MAY NOT APPLY TO YOU.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT IN NO EVENT SHALL EITHER PARTY BE LIABLE TO YOU FOR LOST PROFITS OR ANYONE ELSE BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR FOR ANY EXEMPLARY, PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING INCLUDING, WITHOUT LIMITATION LOST REVENUES LIMITATION, CLAIMS RELATED TO DIAGNOSTIC ACCURACY AND/OR LOST PROFITSMEDICAL MALPRACTICE), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT REGARDLESS OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGESDAMAGES ARISE UNDER ANY THEORY OF TORT, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)STRICT LIABILITY, OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE PARTY IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. EXCEPTING INSTANCES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND THE SPECIFIC OBLIGATIONS OF EFL UNDER SECTION 6.1, THE CUSTOMER ACKNOWLEDGES AGGREGATE LIABILITY OF IMPACT APPLICATIONS, INC. TO THE EFL FOR ANY AND ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER SHALL NOT EXCEED THE FEES PAID BY EFL TO IMPACT APPLICATIONS, INC., DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH ANY SUCH CLAIM FIRST ARISES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY LIABILITY ON THE PART OF THE EFL TO THE CUSTOMER (INCLUDING UNDER ANY LIMITATION OF LIABILITY ABOVE IN THIS SECTION 6.3 OR ANY INDEMNITY OR OTHERWISE) WILL BE FURTHER LIMITED SUCH THAT THE CUSTOMER SHALL ONLY BE ENTITLED TO RECEIVE A PRO-RATA AMOUNT OF ANY SUMS THE EFL ACTUALY RECOVERS FROM IMPACT APPLICATIONS, AS ANY AMOUNT RECOVERED FROM IMPACT APPLICATIONS SHALL BE APPORTIONED BY THE EFL ON A PRO-RATA BASIS BETWEEN ALL THOSE CUSTOMERS WHICH ARE MEMBER CLUBS OF THE EFL AND ARE AFFECTED BY THE EVENT GIVING RISE TO LIABILITY, CAUSES . THE EFL SHALL MAKE SUCH PRO-RATA PAYMENT TO THE CUSTOMER WITHIN 30 DAYS OF ACTION OR CLAIMSRECEIPT OF AGGREGATE MONIES FROM IMPACT APPLICATIONS. SUCH PRO-RATA PAYMENT BEING THE CUSTOMER’S SOLE REMEDY FOR THE EVENT(S) GIVING RISE TO THE LIABILITY HEREUNDER.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTEXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL DIGICERT SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE ANY OTHER PERSON OR ENTITY, WHETHER IN CONTRACT (INCLUDING UNDER ANY INDEMNITY OR WARRANTY), IN TORT (INCLUDING NEGLIGENCE), UNDER STATUTE OR OTHERWISE FOR ANY LOSS OR DAMAGES INCURRED BY YOU OR ANY OTHER PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA, LOSS OF CONTRACT OR OPPORTUNITY OR LOSS OF GOODWILL, WHETHER THAT LOSS OR DAMAGE IS DIRECT, INDIRECT OR CONSEQUENTIAL. YOU AGREE THAT OUR ENTIRE MAXIMUM LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY DIGICERT SERVICE(S) AND/OR THIS AGREEMENT AND/OR YOUR RELIANCE ON ANY CERTIFICATE OR SITE SEAL IS SOLELY LIMITED TO ANY PAYMENT, IF ANY, MADE TO YOU UNDER THE DIGICERT IDENTITY WARRANTY ASSOCIATED WITH THE CERTIFICATE OR SITE SEAL UPON WHICH YOU HAVE RELIED IN ACCORDANCE WITH THIS AGREEMENT. IN NO EVENT SHALL DIGICERT, ITS LICENSORS AND CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE DAMAGES EVEN IF DIGICERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, LIABILITYDIGICERT'S LIABILITY IS LIMITED TO THE FULL EXTENT PERMITTED BY LAW IN SUCH STATE. DIGICERT SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED BY YOU DUE TO THE SUBSCRIBER’S BREACH OF THE SUBSCRIBER AGREEMENT. YOU ARE HEREBY NOTIFIED OF THE POSSIBILITY OF THEFT OR OTHER FORM OF COMPROMISE OF A PRIVATE KEY CORRESPONDING TO A PUBLIC KEY CONTAINED IN A CERTIFICATE, CAUSES WHICH MAY OR MAY NOT BE DETECTED. DIGICERT SHALL NOT BE LIABLE TO YOU FOR ANY LOSS INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, SUFFERED BY ANY PARTY DUE TO THE LOSS, THEFT, UNAUTHORIZED DISCLOSURE, UNAUTHORIZED MANIPULATION, ALTERATION, LOSS OF ACTION USE, OR CLAIMSANY OTHER COMPROMISE OF ANY PRIVATE KEY USED BY THE SUBSCRIBER.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE MAXIMUM EXTENT PERMITTED BY LAW, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR LOST PROFITS)DIMINUTION IN VALUE, PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY WAY CONNECTED WITH AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT FOR YOUR DOCUMENT SUBMISSIONS. LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE INDEMNIFICATION SECTION AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY SHALL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE THIS AGREEMENT, WHETHER ARISING OUT OF OR IN ANY WAY CONNECTED RELATED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO THE COMPANY FOR THE SERVICES SOLD HEREUNDER. WITHOUT LIMITING THE FOREGOING, THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGES DUE TO CONTENT, OMISSIONS OR ERRONEOUS DATA APPEARING IN CLIENT’S WEBSITE, BLOGS OR ON SOCIAL MEDIA.WE FURTHER DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE. YOU UNDERSTAND AND REGARDLESS AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF WE WOULD NOT PROVIDE THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSSERVICES TO YOU.

Limitations of Liability. YOU UNDERSTAND Limitation of Damages. PERQUEST, THE PERQUEST PROVIDERS, INCLUDING NETSUITE, INC. AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, THEIR OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR EMPLOYEES AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), SUPPLIERS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES SPECIAL OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM INDIRECT DAMAGES EVEN IF YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ADVISE THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, LIABILITYBUT IS NOT LIMITED TO, CLAIMS FOR LOST PROFITS, AND DAMAGES THAT MAY RESULT FROM THE USE, INCONVENIENCE, DELAY OR LOSS OF USE OF THE INFORMATION OR FOR OMISSIONS OR INACCURACIES IN THE INFORMATION. AS A CONDITION TO ACCESSING ELECTRONIC SERVICES, YOU EXPRESSLY AGREE TO WAIVE ANY CLAIM YOU MAY HAVE AGAINST PERQUEST AND THE PERQUEST PROVIDERS REGARDING ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES. PERQUEST AND THE PERQUEST PROVIDERS, INCLUDING NETSUITE, INC. AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY THEORY OF RECOVERY (WHETHER IN CONTRACT OR TORT OR OTHERWISE) FOR (i) ANY FEES, COSTS, CHARGES OR ANY DAMAGES CAUSED BY LOST SHIPMENT OR TRANSMISSION OF CHECKS OR ANY FORM OF DISBURSEMENT INCLUDING, BUT NOT LIMITED TO, STOP PAYMENT FEES, REPRINTING OR RETRANSMISSION COSTS, SHIPPING CHARGES OR CONSEQUENTIAL EXPENSES AND DAMAGE; (ii) ANY CHARGES, FEES OR EXPENSES INCURRED BY YOU, YOUR AGENTS OR EMPLOYEES WHICH ARE DUE TO LATE PAYCHECKS, REGARDLESS OF WHETHER SUCH PAYCHECKS ARE TO BE PREPARED AND DELIVERED BY PERQUEST OR BY YOU; AND (iii) NON-PERFORMANCE OF SERVICES WHICH HAVE BEEN SUSPENDED DUE TO FAILURE OR DELAY IN PAYMENT OF FEES. CHECK AND ELECTRONIC DISBURSEMENTS MADE ON YOUR BEHALF ARE FOB THE SHIPPING OR TRANSMITTING SITE. BY ACCESSING ELECTRONIC SERVICES, YOU AGREE THAT IN NO EVENT WILL THE LIABILITY OF PERQUEST AND THE PERQUEST PROVIDERS, INCLUDING NETSUITE, INC. AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES ARISING OUT OF ANY LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH PERQUEST'S SERVICES PERFORMED PURSUANT TO THIS AGREEMENT EXCEED THE AMOUNT YOU HAVE PAID FOR THE ELECTRONIC SERVICES UNDER THIS AGREEMENT RELATED TO YOUR CLAIM. IN ADDITION TO THE LIMITATIONS SET FORTH ABOVE IN THIS SECTION 6, PERQUEST AND THE PERQUEST PROVIDERS, INCLUDING NETSUITE, INC. WILL NOT BE LIABLE FOR ANY LOSS THAT RESULTS FROM ANY CAUSE OVER WHICH PERQUEST DOES NOT HAVE CONTROL. SUCH CAUSES INCLUDE, BUT ARE NOT LIMITED TO, (1) THE FAILURE OF ACTION ELECTRONIC OR CLAIMSMECHANICAL EQUIPMENT OR COMMUNICATION LINES; (2) TELEPHONE OR OTHER INTERCONNECT PROBLEMS; (3) BUGS, ERRORS, CONFIGURATION PROBLEMS OR THE INCOMPATIBILITY OF COMPUTER HARDWARE OR SOFTWARE; (4) THE FAILURE OR UNAVAILABILITY OF INTERNET ACCESS; (5) PROBLEMS WITH INTERNET SERVICE PROVIDERS OR OTHER EQUIPMENT OR SERVICES RELATING TO YOUR COMPUTER OR NETWORK; (6) PROBLEMS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES; (7) PROBLEMS WITH DATA TRANSMISSION FACILITIES OR YOUR TELEPHONE, CABLE OR WIRELESS SERVICE; (8) UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OTHER NATURAL DISASTERS OR LABOR DISPUTES; OR (9) ACTS OF GOD, INCLUDING WITHOUT LIMITATION, NATURAL DISASTER, FIRE, TERRORISM, LABOR STOPPAGE, WAR, TERRORISM, MILITARY HOSTILITIES, OR CRIMINAL ACTS OF THIRD PARTIES. PERQUEST IS ALSO NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SOFTWARE, MODEM, TELEPHONE, WIRELESS DEVICE OR OTHER PROPERTY RESULTING IN ANY WAY FROM YOUR USE OF PERQUEST'S ELECTRONIC SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THAT THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTEXCEPT WITH [**], ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR LOSS OR CORRUPTION OF DATA, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, INCURRED IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING THE FURNISHING, PERFORMANCE OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE ENTERPRISE PLATFORM OR DOCUMENTATION PROVIDED HEREUNDER, WHETHER ALLEGED AS A BREACH OF ACTION CONTRACT OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESTORTIOUS CONDUCT, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE INCLUDING NEGLIGENCE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, STRICT PRODUCT LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF SECTION 3 (LICENSE RESTRICTIONS AND OBLIGATIONS) OR SECTION 13 (CONFIDENTIALITY) AND [**], LIABILITYIN NO EVENT WILL EITHER PARTY'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT (OTHER THAN FOR PAYMENT OF LICENSE FEES, CAUSES SUPPORT AND MAINTENANCE FEES, AND ANY OTHER AMOUNTS OWED TO GMI UNDER THIS AGREEMENT) [**]. THE ENTERPRISE PLATFORM IS NOT INTENDED FOR USE IN CONNECTION WITH ANY NUCLEAR, AVIATION, MASS TRANSIT, LIFE SUPPORT OR WEAPONS SYSTEM APPLICATION OR ANY OTHER INHERENTLY HAZARDOUS APPLICATION THAT COULD RESULT IN DEATH, PERSONAL INJURY, CATASTROPHIC DAMAGE, OR MASS DESTRUCTION, AND IVB AGREES THAT GMI WILL HAVE NO LIABILITY OF ACTION ANY KIND AS A RESULT OF ANY SUCH USE OF THE ENTERPRISE PLATFORM. IVB AGREES THAT IN NO EVENT -------- [**] CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. WILL ANY GMI LICENSOR OR CLAIMSSUPPLIER HAVE ANY LIABILITY OF ANY KIND TO IVB UNDER OR IN CONNECTION WITH THIS AGREEMENT, AND ALL SUCH PARTIES ARE INTENDED BENEFICIARIES OF THIS SECTION. The foregoing limitations of liability are independent of any exclusive remedies for breach of warranty and shall apply even if any remedy available to the parties hereunder is found to have failed of its essential purpose. IVB acknowledges that the compensation to GMI provided in this Agreement reflects the allocation of risks between the parties under this Agreement, including the foregoing limitations on liability, and that GMI would not enter into this Agreement in the absence of these limitations on its liability.

Limitations of Liability. YOU UNDERSTAND TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY’S TOTAL AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL AGGREGATED LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THIS AGREEMENT OR THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY SERVICES PROVIDED HEREUNDER WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE)) OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR OTHERWISEDUE FROM CUSTOMER UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY UNDER THIS AGREEMENT. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT. THE FOREGOING SHALL NOT LIMIT CUSTOMER’S OBLIGATION TO PAY FEES LEGALLY OWED UNDER THIS AGREEMENT. HAFTUNGSBESCHRÄNKUNGEN. SOWEIT RECHTLICH ZULÄSSIG IST DIE JEWEILIGE GESAMTHAFTUNG BEIDER PARTEIN AUS ODER IN ZUSAMMENHANG MIT DIESEM VERTRAG ODER DEN GEMÄSS DIESEM VERTRAG ERBRACHTEN DIENSTLEISTUNGEN, AND REGARDLESS OF WHETHER SUCH DAMAGESOB VERTRAGLICH, LIABILITYDELIKTISCH (EINSCHLIESSLICH FAHRLÄSSIGKEIT) ODER AUFGRUND EINES ANDEREN RECHTLICHEN KONZEPTS, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGESAUF DIE BETRÄGE BESCHRÄNKT, LIABILITYDIE VOM KUNDEN IN DEN ZWÖLF (12) MONATEN, CAUSES OF ACTION OR CLAIMSDIE DEM HAFTUNGSAUSLÖSENDEN EREIGNIS GEMÄSS DIESEM VERTRAG UNMITTELBAR VORAUSGINGEN, GEMÄSS DIESEM VERTRAG TATSÄCHLICH GEZAHLT UND/ODER GESCHULDET WURDEN. DAS VORLIEGEN MEHRERER ANSPRÜCHE ERWEITERT DIESE BESCHRÄNKUNG NICHT. VORSTEHENDE BESTIMMUNG BESCHRÄNKT NICHT DIE VERPFLICHTUNG DES KUNDEN ZUR ZAHLUNG VON GEBÜHREN, DIE ER GEMÄSS DIESEM VERTRAG RECHTMÄSSIG SCHULDET.

Limitations of Liability. YOU UNDERSTAND AND ACKNOWLEDGE THAT GREATLAND MAKES THE SOFTWARE AVAILABLE TO YOU ON AN AS- IS BASIS. LIKEWISE, YOU AGREE THAT HEALTH CURRENT, UNDER NO CIRCUMSTANCES SHALL GREATLAND OR ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELYPARTNERS, “HEALTH CURRENT PERSONNEL”), WILL NOT SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST REVENUES LOSS OF PROFITS, SAVINGS, REVENUE, OR USE, DAMAGED OR LOST PROFITS), PUNITIVEFILES OR DATA, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED CONNECTION WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT ACCESS OR USE OF OR RELATED INABILITY TO ACCESS OR USE OF THE AZHDR EXCEED $50.00. SOFTWARE AND ANY CAUSE OF ACTION THIRD PARTY CONTENT AND SERVICES, WHETHER OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER NOT THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS DAMAGES WERE FORESEEABLE AND WHETHER OR HEALTH CURRENT PERSONNEL WERE NOT GREATLAND WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE NOT HAPPY WITH THE SOFTWARE, LIABILITYYOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CAUSES GREATLAND'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID FOR THE SOFTWARE OR THE SERVICES PROVIDED WITHIN THE SOFTWARE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ACTION OR CLAIMSITS ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT ALL TAX RETURNS AND REQUIRED TAX DOCUMENTS ARE FILED WITH ACCURATE INFORMATION AND THAT ALL DEPOSITS AND PAYMENTS ARE MADE.

Limitations of Liability. YOU UNDERSTAND EXCEPT FOR CFI’S INDEMNITY OBLIGATION UNDER THIS SECTION, CFI’S TOTAL LIABILITY AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR CITY’S SOLE AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE EXCLUSIVE REMEDY FOR ANY INDIRECTCLAIM OF ANY TYPE WHATSOEVER, ARISING OUT OF PRODUCTS OR SERVICES PROVIDED HEREUNDER, SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY CFI’S SOLE NEGLIGENCE IN AN AMOUNT NOT TO EXCEED US $100,000. EXCEPT FOR CLAIMS (I) ARISING UNDER SECTION 9 ABOVE, OR (II) IN CONNECTION WITH A BREACH OF THE SCOPE OF USE OF THE LICENSES GRANTED HEREUNDER, NEITHER PARTY SHALL HAVE LIABILITY TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST REVENUES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUES, DATA AND/OR LOST PROFITSUSE), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF ADVISED OF THE POSSIBILITY THEREOF. CFI WILL INDEMNIFY, DEFEND, AND HOLD CITY HARMLESS FROM ALL THIRD PARTY CLAIMS AND LAWSUITS WHICH ARE CAUSED BY THE PRODUCT’S INFRINGEMENT OF A US COPYRIGHT, US TRADEMARK OR US PATENT, DEATH, DISABILITY, OR TANGIBLE PROPERTY DAMAGE PURSUANT TO PRODUCT LIABILITY CLAIMS UNDER UNITED STATES LAW. CFI’S INDEMNIFICATION OBLIGATION AND CONTINUATION THEREOF IS SUBJECT TO: (I) CITY PROVIDING CFI WITH PROMPT WRITTEN NOTICE OF ANY CLAIM OR LAWSUIT, (II) CFI HAVING SOLE CONTROL OF THE DEFENSE AND ALL NEGOTIATIONS FOR SETTLEMENT OR COMPROMISE THEREOF, (III) CITY CEASING USE OF THE INFRINGING SOFTWARE WITHIN TEN (10) DAYS OF CFI’S REASONABLE REQUEST AND (IV) CITY REASONABLY COOPERATING IN THE DEFENSE OF SUCH DAMAGESCLAIM OR LAWSUIT. CFI AGREES TO PAY ALL SETTLEMENTS ENTERED INTO BY CFI, LIABILITYJUDGMENTS FINALLY AWARDED AGAINST CITY, CAUSES AND ALL ATTORNEYS’ FEES AND EXPENSES FOR COUNSEL HIRED BY CFI. CITY MAY ELECT TO PARTICIPATE IN ANY SUCH ACTION WITH COUNSEL OF ACTION ITS OWN CHOICE AND EXPENSE. CFI WILL HAVE NO LIABILITY IF THE ALLEGED INFRINGEMENT IS BASED UPON: (I) A COMBINATION OF PRDUCTS WITH NON-CFI PRODUCTS; (II) USE FOR A PURPOSE OR CLAIMSIN A MANNER NOT PROSCRIBED BY CFI; (III) USE OF ANY OLDER VERSION OF SOFTWARE WHEN USE OF NEWER SOFTWARE WOULD HAVE AVOIDED INFRINGEMENT; AND (IV) ANY MODIFICATION NOT MADE WITH CFI’S WRITTEN APPROVAL OR ANY MODIFICATION MADE BY CFI DUE TO CITY’S SPECIFIC INSTRUCTIONS; OR (V) ANY INTELLECTUAL PROPERTY RIGHT OWNED OR LICENSED BY CITY OR ANY OF ITS/THEIR AFFILIATES.

Limitations of Liability. YOU UNDERSTAND UNDER NO CIRCUMSTANCES AND AGREE THAT HEALTH CURRENTUNDER NO LEGAL OR EQUITABLE THEORY, ITS MEMBERSWHETHER IN TORT, OFFICERSCONTRACT, DIRECTORSNEGLIGENCE, REPRESENTATIVESSTRICT LIABILITY OR OTHERWISE, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT SHALL ANY OF THE CLOUDLAW PARTIES BE LIABLE TO YOU OR ANYONE ELSE TO ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTALSPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES LOSSES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY DAMAGES OF ANY NATURE ARISING OUT OF OR IN ANY WAY CONNECTED CONNECTION WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT THE USE OF OR RELATED INABILITY TO USE THE SITES OR SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITES OR SERVICES OR FOR ANY INFORMATION OBTAINED THROUGH THE SITES OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF ANY OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT CLOUDLAW PARTIES BEEN ADVISED OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF FOR ANY REASON ANY DAMAGE WAIVER CONTAINED IN THIS AGREEMENT SHOULD PROVE UNENFORCEABLE (INCLUDING AS DESCRIBED IN THE NEXT PARAGRAPH), LIABILITYYOU AGREE THAT XXXXXXXX’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH YOUR USE OR MISUSE OF THE SITE AND THE SERVICES WILL NOT EXCEED AN AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU TO CLOUDLAW, CAUSES IF ANY. YOU AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF ACTION THE BARGAIN AND THAT CLOUDLAW WOULD NOT PROVIDE THE SITE OR CLAIMSSERVICES ABSENT SUCH LIMITATION. 20. Jurisdictional Exceptions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF LIABILITIES MAY NOT APPLY TO YOU.

Limitations of Liability. YOU UNDERSTAND CLIENT AGREES THAT GIA AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR EMPLOYEES AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL AGENTS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL (EXEMPLARY, PUNITIVE, STATUTORY, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST REVENUES PROFITS, WITH RESPECT TO OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF UNDER OR RELATED TO USE OF THIS AGREEMENT, THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION SERVICES OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESA REPORT, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR GIA’S OBLIGATION TO PAY CLIENT THE INSURANCE PROCEEDS REFERENCED ABOVE, IN NO EVENT SHALL THE TOTAL, CUMULATIVE LIABILITY OF GIA EXCEED THE PRICE OF THE SERVICES PROVIDED BY GIA UNDER THIS AGREEMENT TO CLIENT FOR WHICH LIABILITY ARISES. THE LIMITATIONS ON LIABILITY IN THIS AGREEMENT (i) SHALL APPLY TO ANY CLAIMS AND CAUSES OF ACTION, UNDER ANY THEORY OF LIABILITY, CAUSES WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), INDEMNITY, OR OTHERWISE; AND (ii) SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ACTION THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH IN THIS AGREEMENT. CLIENT AGREES THAT XXX IS NOT OBLIGATED TO DEFEND, INDEMNIFY, OR HOLD CLIENT HARMLESS IN CONNECTION WITH ANY THIRD PARTY CLAIMS, SUITS, OR ACTIONS BROUGHT AGAINST CLIENT, INCLUDING WITHOUT LIMITATION CLAIMS BROUGHT BY ANY ARTICLE OWNER, PURCHASER, OR DOWNSTREAM PURCHASER. THE PARTIES HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND THE REMEDIES SET FORTH IN THIS AGREEMENT AND FIND SUCH ALLOCATION AND REMEDIES TO BE REASONABLE, AND AGREE THAT THE FOREGOING LIMITATION AND THE OTHER LIMITATIONS IN THIS AGREEMENT ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THIS SECTION SHALL NOT OPERATE IN SUCH A WAY AS TO LIMIT GIA’S LIABILITY FOR GIA’S ACTS OR OMISSIONS FOR WHICH LIABILITY MAY NOT BE LIMITED UNDER APPLICABLE LAW.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS EXCEPT WITH RESPECT TO LIABILITY RESULTING FROM EITHER PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 11 (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”INDEMNIFICATION), GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, BREACH OF SECTION 8 (CONFIDENTIALITY) OR INFRINGEMENT, MISAPPROPRIATION OR OTHER VIOLATION OF ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, (I) NEITHER PARTY WILL NOT BE LIABLE TO YOU THE OTHER FOR LOSS OF ANTICIPATORY PROFITS, REVENUE OR ANYONE ELSE FOR SAVINGS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, EXEMPLARY, LOST BUSINESS OPPORTUNITIES, IMPERFECT COMMUNICATIONS, MARKET SHARE OR EXEMPLARY DAMAGESCONSEQUENTIAL DAMAGES INCURRED IN CONNECTION WITH THIS AGREEMENT, PENALTIES, OR SPECIAL LIABILITY INCLUDING ANY SUCH DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF FROM OR RELATED TO USE ANY NETWORK DISRUPTION, DAMAGES FOR LOSS OF THE AZHDR EXCEED $50.00. ANY CAUSE PROFIT, SYSTEM DEGRADATION, MALFUNCTION, DISRUPTION OF ACTION SERVICE, LOSS OF DATA, INADVERTENT DISCLOSURE OR CLAIM YOU MAY HAVE ARISING OUT THEFT OF DATA OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESINFORMATION, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLEVANDALISM, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)EXCUSED DELAY, OR OTHERWISEANY OTHER REASON, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF EVEN IF THE PARTIES CONTEMPLATED THE POSSIBILITY OF SUCH DAMAGESDAMAGES IN ADVANCE, LIABILITYAND WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, CAUSES AND (II) EACH PARTY’S AGGREGATE LIABILITY FOR ANY DAMAGES OF ACTION ANY KIND UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF $5,000,000 AND TOTAL SERVICE FEES PAID OR CLAIMSPAYABLE BY INTELSAT TO GOGO DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE LIMITATIONS SET FORTH IN THIS SECTION 13 SHALL NOT APPLY TO LIABILITY ARISING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD.

Limitations of Liability. YOU UNDERSTAND NO CONSEQUENTIAL-TYPE DAMAGES. NGD AND AGREE THAT HEALTH CURRENTOUR LICENSORS, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVESAGENTS, EMPLOYEES, AGENTSOFFICERS AND/OR THIRD-PARTY VENDORS (“NGD PARTIES”) ARE NOT LIABLE FOR CONSEQUENTIAL, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)SPECIAL, EXEMPLARY, PUNITIVE, OR EXEMPLARY DAMAGESENHANCED DAMAGES WHATSOEVER, PENALTIESINCLUDING DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR SPECIAL LIABILITY ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY ARISING OUT OF OF, OR RELATING TO, OR IN ANY WAY CONNECTED CONNECTION WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT THIS AGREEMENT AND THE SERVICES, REGARDLESS OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1I) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGESDAMAGES WERE FORESEEABLE, LIABILITY, CAUSES OF ACTION (II) WHETHER OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. • ABSOLUTE LIMITATION OF LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE NGD PARTIES ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICES, CAUSES WHETHER ARISING OUT OF ACTION OR CLAIMSRELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID TO NGD FOR THE SERVICES DURING THE PREVIOUS MONTH OR $500, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Limitations of Liability. EXCEPT AS PROHIBITED BY LAW: IN THE EVENT OF ANY PROBLEM WITH Doctorcare247 OR ANY Doctorcare247 CONTENT, YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT YOUR SOLE REMEDY IS TO CEASE USING Doctorcare247. UNDER NO CIRCUMSTANCES SHALL WELLSPRING TECHNOLOGIES OR ANY LICENSOR OR SUPPLIER BE LIABLE TO YOU IN ANY WAY FOR YOUR USE OF Doctorcare247 OR ANYONE ELSE ANY OF THE Doctorcare247 CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY DOCTORCARE247 CONTENT, ANY INFRINGEMENT BY ANY Doctorcare247 CONTENT OF THE INTELLECTUAL PROPERTYRIGHTS OF THIRD PARTIES, OR FOR ANY INDIRECTLOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY Doctorcare247 CONTENT. UNDER NO CIRCUMSTANCES SHALL WELLSPRING TECHNOLOGIES OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL INDIRECT OR SPECIAL DAMAGES (INCLUDING INCLUDING, WITHOUT LIMITATION LOST REVENUES OR LIMITATION, ANY PERSONAL INJURY, LOST PROFITS), PUNITIVEBUSINESS INTERRUPTION, LOSS OF PROGRAMS OR EXEMPLARY DAMAGES, PENALTIES, OTHER DATA ON YOUR COMPUTER OR SPECIAL LIABILITY OTHERWISE) ARISING OUT OF FROM OR IN ANY WAY CONNECTED CONNECTION WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY OFDoctorcare247 WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT UNDER A THEORY OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, MALPRACTICE OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF WELLSPRING TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WELLSPRING TECHNOLOGIES BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (i) THE MONTHLY SUBSCRIPTION RATE PAID UNDER YOUR PLAN, LIABILITYOR (ii) IN THE EVENT NO PURCHASE PRICE WAS PAID OR REQUIRED, CAUSES THE AMOUNT OF ACTION MONEY THAT YOU HAVE BEEN CHARGED FOR SERVICE. YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR CLAIMSRELEASES.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTEXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL DIGICERT SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE ANY OTHER PERSON OR ENTITY, WHETHER IN CONTRACT (INCLUDING UNDER ANY INDEMNITY OR WARRANTY), IN TORT (INCLUDING NEGLIGENCE), UNDER STATUTE OR OTHERWISE FOR ANY LOSS OR DAMAGES INCURRED BY YOU OR ANY OTHER PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA, LOSS OF CONTRACT OR OPPORTUNITY OR LOSS OF GOODWILL, WHETHER THAT LOSS OR DAMAGE IS DIRECT, INDIRECT OR CONSEQUENTIAL. YOU AGREE THAT OUR ENTIRE MAXIMUM LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY DIGICERT SERVICE(S) AND/OR THIS AGREEMENT AND/OR YOUR RELIANCE ON ANY EV CERTIFICATE IS SOLELY LIMITED TO ANY PAYMENT, IF ANY, MADE TO YOU UNDER THE DIGICERT IDENTITY WARRANTY ASSOCIATED WITH THE EV CERTIFICATE UPON WHICH YOU HAVE RELIED IN ACCORDANCE WITH THIS AGREEMENT. IN NO EVENT SHALL DIGICERT, ITS LICENSORS AND CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE DAMAGES EVEN IF DIGICERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, LIABILITYDIGICERT'S LIABILITY IS LIMITED TO THE FULL EXTENT PERMITTED BY LAW IN SUCH STATE. DIGICERT SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED BY YOU DUE TO THE SUBSCRIBER’S BREACH OF THE SUBSCRIBER AGREEMENT. DIGICERT SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED BY YOU DUE TO RELIANCE ON AN INTRANET CERTIFICATE. YOU ARE HEREBY NOTIFIED OF THE POSSIBILITY OF THEFT OR OTHER FORM OF COMPROMISE OF A PRIVATE KEY CORRESPONDING TO A PUBLIC KEY CONTAINED IN A CERTIFICATE, CAUSES WHICH MAY OR MAY NOT BE DETECTED. DIGICERT SHALL NOT BE LIABLE TO YOU FOR ANY LOSS INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, SUFFERED BY ANY PARTY DUE TO THE LOSS, THEFT, UNAUTHORIZED DISCLOSURE, UNAUTHORIZED MANIPULATION, ALTERATION, LOSS OF ACTION USE, OR CLAIMSANY OTHER COMPROMISE OF ANY PRIVATE KEY USED BY THE SUBSCRIBER. ALL APPLICANTS, SUBSCRIBERS, RELYING PARTIES, AND OTHER PERSONS, ENTITIES, AND ORGANIZATIONS ACKNOWLEDGE THAT BUT FOR DIGICERT'S DISCLAIMERS OF REPRESENTATIONS, WARRANTIES, AND CONDITIONS AND LIMITATIONS OF LIABILITY STATED HEREIN, DIGICERT WOULD NOT ISSUE EV CERTIFICATES TO SUBSCRIBERS, NOR WOULD IT PROVIDE SERVICES IN RESPECT TO SUCH CERTIFICATES, AND THAT THESE PROVISIONS ARE NECESSARY TO PROVIDE FOR A REASONABLE ALLOCATION OF RISK.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTNOTWITHSTANDING ANYTHING TO THE CONTRARY, ITS MEMBERSVOITH’S AGGREGATE LIABILITY ARISING OUT OF, OFFICERSCONNECTED WITH OR RESULTING FROM THE ORDER, DIRECTORSOR FROM VOITH’S PERFORMANCE UNDER OR BREACH OF THIS AGREEMENT, REPRESENTATIVESOR FROM ANY PRODUCT OR SERVICE, EMPLOYEESSHALL IN NO CASE EXCEED THE PORTION OF THE PURCHASE PRICE ATTRIBUTABLE TO THE PARTICULAR PRODUCT OR SERVICE FROM WHICH THE LIABILITY ARISES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL VOITH SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECTSPECIAL DAMAGES, INCIDENTALPUNITIVE DAMAGES, INDIRECT DAMAGES, INCIDENTAL DAMAGES, CONTINGENT DAMAGES, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST DAMAGES, SIMILAR TYPES OF DAMAGES OR LOSSES, LOSS OF PROFITS, DOWNTIME, LOSS OF PRODUCTION, LOSS OF REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT LOSS OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE PROPERTY OR CAPITAL OF ACTION BUYER, ANY OF ITS AFFILIATES OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESTHIRD PARTY, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF EVEN IF THE POSSIBILITY OF SUCH DAMAGES, DAMAGES OR LOSSES HAS BEEN DISCLOSED TO VOITH IN ADVANCE OR COULD HAVE BEEN REASONABLY FORESEEN BY VOITH. THE LIMIT ON THE AMOUNT OF VOITH’S LIABILITY AND THE EXCLUSIONS OF DAMAGES AND LOSSES SHALL APPLY REGARDLESS OF THE THEORY OF LIABILITY, CAUSES WHETHER BASED ON CONTRACT, INDEMNITY, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS. THE LIMIT ON THE AMOUNT OF ACTION OR CLAIMSVOITH’S LIABILITY AND THE EXCLUSIONS OF DAMAGES AND LOSSES SHALL BE DEEMED TO BE INDEPENDENT OF, AND SHALL SURVIVE, ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THE TERMS OF THIS AGREEMENT.

Limitations of Liability. YOU UNDERSTAND EXCEPT IN THE CASE OF FSN’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, FSN AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AFFILIATES AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), LICENSORS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST REVENUES DAMAGES FOR LOSS OF PROFITS, REVENUES, USERS, OPPORTUNITIES, GOODWILL, USE, OR LOST PROFITSDATA), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY EVEN IF WE HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY(WHETHER SUCH CLAIM IS BASED ON WARRANTY, CAUSES CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE). EXCEPT IN THE CASE OF ACTION FSN’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR CLAIMSFRAUD, FSN AND ITS AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAY FSN UNDER THIS AGREEMENT FOR THE FSN SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE. IF FSN SERVICE (OR ANY OTHER FSN PRODUCT) IS PROVIDED TO YOU WITHOUT CHARGE, THEN FSN WILL HAVE NO LIABILITY TO YOU WHATSOEVER. YOU EXPRESSLY RECOGNIZE AND ACKNOWLEDGE THAT THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION ARE AN ESSENTIAL PART OF THE AGREEMENT AND AN ESSENTIAL FACTOR IN ESTABLISHING THE PRICE OF FSN SERVICE. THE FOREGOING DISCLAIMERS AND LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW AND NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY PROVIDED IN THIS AGREEMENT.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTMIS SIM SSO, ITS MEMBERSAFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR EMPLOYEES AND BUSINESS PARTNERS AGENTS (COLLECTIVELY, THE “HEALTH CURRENT PERSONNELMIS SIM SSO PARTIES”), WILL ) SHALL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU CUSTOMER, ITS AFFILIATES, CUSTOMER USERS, END USERS, OR ANYONE ELSE ANY OF THEIR RESPECTIVE EMPLOYEES, FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, PUNATIVE OR EXEMPLARY DAMAGES, PENALTIESINCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST DATA, LOST SAVINGS OR LOST REVENUES (COLLECTIVELY “EXCLUDED DAMAGES”) , WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR SPECIAL LIABILITY ARISING OUT OTHER THEORY OF OR IN LIABILITY, EVEN IF ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY MIS SIM SSO PARTIES HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE BEEN ADVISED OF THE POSSIBILITY OF SUCH OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES. IN NO EVENT SHALL THE LIABILITY OF THE MIS SIM SSO PARTIES TO CUSTOMER, LIABILITYITS AFFILIATES, CAUSES CUSTOMER USERS, END USERS, OR ANY OF ACTION THEIR RESPECTIVE EMPLOYEES, WHETHER ARISING OUT OF ANY CLAIM RELATED TO THIS AGREEMENT OR CLAIMSTHE SUBJECT MATTER HEREOF, EXCEED THE AGGREGATE AMOUNT PAID BY CUSTOMER TO MIS SIM SSO HEREUNDER IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, IN NO EVENT SHALL THE COMPANY OR ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT OR AGENTS BE LIABLE TO YOU OR ANYONE ELSE ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL (SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVELOST REVENUE, LOSS OF DATA OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH FROM YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION WEBSITE OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESCOMPANY SERVICES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LIABILITYTHE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, CAUSES WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CLAIMSTHE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL ACACIA SHALL NOT BE LIABLE TO YOU CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ANYONE ELSE ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, OR COST OF PROCURING SUBSTITUTE TECHNOLOGIES, GOODS OR SERVICES, (B) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, INTERRUPTION OR LOSS OF DATA, USE, BUSINESS, REVENUES, PROFITS OR GOODWILL OR (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY C) AGGREGATE DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT IN EXCESS OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED AMOUNTS PAID TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, IT HEREUNDER FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER PRODUCT GIVING RISE TO SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF ACACIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. PRODUCTS ARE NOT DESIGNED, LIABILITYMANUFACTURED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS OR WHERE FAIL-SAFE CONTROLS ARE REQUIRED (INCLUDING WITHOUT LIMITATION, CAUSES OPERATION OF ACTION NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR CLAIMSCOMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS) AND, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, CUSTOMER HEREBY ASSUMES AND ACCEPTS ALL LIABILITY RELATED TO ANY SUCH USE.

Limitations of Liability. YOU UNDERSTAND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, KEET HEALTH AND AGREE THAT HEALTH CURRENTITS SHAREHOLDERS, ITS MEMBERSAFFILIATES, DIRECTORS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR EMPLOYEES AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL OTHER REPRESENTATIVES SHALL NOT BE LIABLE TO YOU CLIENT, AUTHORIZED USERS OR ANYONE ELSE ANY THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF USE, ATTORNEYS’ FEES, LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY WHETHER ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ) OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS DAMAGES WERE FORESEEABLE AND WHETHER OR NOT KEET HEALTH CURRENT PERSONNEL WERE ADVISED HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, LIABILITYKEET HEALTH’S AGGREGATE LIABILITY FOR DAMAGES, CAUSES LOSSES, COSTS, AND EXPENSES ARISING OUT OF ACTION OR CLAIMSRELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS RECEIVED BY KEET HEALTH FROM CLIENT PURSUANT TO THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE CLIENT’S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTOTHER THAN INSTANCES OF GROSS NEGLIGENCE OR WILLFULLY MALICIOUS CONDUCT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), NEITHER PARTY WILL NOT BE LIABLE TO YOU OR ANYONE ELSE THE OTHER FOR ANY INCIDENTAL, INDIRECT, INCIDENTALSPECIAL, CONSEQUENTIAL (INCLUDING OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION LOST REVENUES OR LIMITATION, LOST PROFITS), PUNITIVECOSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR EXEMPLARY DAMAGESLIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. EXCEPT WITH RESPECT TO INSTANCES OF GROSS NEGLIGENCE OR WILLFULLY MALICIOUS CONDUCT OR BREACH OF CONFIDENTIALITY AND INDEMNIFICATION, THE CUMULATIVE LIABILITY OF IIT TO CLIENT FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, CAUSES WILL NOT EXCEED THE TOTAL AMOUNT OF ACTION ALL AMOUNTS PAID TO IIT BY CLIENT UNDER THE SOW(S) FROM WHICH DAMAGES WERE CAUSED, BASED ON THE DATE IT WAS SIGNED OR CLAIMS.ITS MOST RECENT RENEWAL. THE RENEWAL OF ONE SOW (AUTOMATICALLY OR OTHERWISE) DOES NOT LIMIT CLIENT’S RIGHTS PERTAINING TO OR ORIGINATING FROM OTHER SOWS. IIT DOES NOT GUARANTEE, NOR SHALL BE LIABLE FOR THE FUNCTIONALITY OF SOFTWARE THAT IS RESOLD TO CLIENT EITHER INDIVIDUALLY OR AS PART OF A SOLUTION. REMEDIES UNDER THIS MLA ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THE SOW AND THIS MLA. NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THIS SECTION SHALL BE DEEMED TO LIMIT IIT’S OBLIGATIONS SET FORTH IN SECTION 5.1

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTEXCEPT WITH RESPECT TO BESTIT’S INDEMNIFICATION OBLIGATIONS OR A BREACH OF EITHER PARTY'S CONFIDENTIALITY OBLIGATIONS, ITS MEMBERSBESTIT’S AGGREGATE LIABILITY (WHETHER IN CONTRACT, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU TORT OR ANYONE ELSE OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL ALL CLAIMS OF LIABILITY ARISING OUT OF OF, OR IN CONNECTION WITH ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSWORK PROVIDED PURSUANT TO THIS MSA SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE SPECIFIC WORK GIVING RISE TO SUCH CLAIM DURING THE PRIOR TWELVE (12) MONTH PERIOD. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF PROFITS, ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, USE OF MONEY OR USE OF THE SOFTWARE, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF BREACH OR RELATED TO USE FAILURE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION EXPRESS OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESIMPLIED WARRANTY, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER EVEN IF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESCLAIMS OR DEMANDS. EACH PARTY ACKNOWLEDGES THAT THESE LIMITATIONS APPLY EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE AND THAT, LIABILITYWITHOUT THESE LIMITATIONS, CAUSES OF ACTION OR CLAIMSTHE FEE FOR THE WORK PROVIDED HEREUNDER WOULD BE HIGHER.

Limitations of Liability. YOU UNDERSTAND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND AGREE THAT HEALTH CURRENTCONDITIONS, ITS MEMBERSHOTSCHEDULES WILL NOT, OFFICERSUNDER ANY CIRCUMSTANCES, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU SUBSCRIBER OR ANYONE ELSE SUBSCRIBER’S USERS FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVESPECIAL, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY DAMAGES ARISING OUT OF OR RELATED TO USE THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOST GOODWILL OR BUSINESS VALUE, LOST PROFITS, OR LOSS OF BUSINESS, EVEN IF HOTSCHEDULES IS APPRISED OR SHOULD HAVE KNOWN OF THE AZHDR EXCEED $50.00LIKELIHOOD OF SUCH DAMAGES OCCURRING. UNDER NO CIRCUMSTANCES WILL HOTSCHEDULES' TOTAL LIABILITY OF ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE KIND ARISING OUT OF OR IN RELATED TO THESE TERMS AND CONDITIONS (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE)TORT, OR OTHERWISE, EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY SUBSCRIBER TO HOTSCHEDULES UNDER THESE TERMS AND REGARDLESS CONDITIONS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF WHETHER SUCH DAMAGES, THE EVENT GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT INCREASE THIS LIMIT. EACH PROVISION OF THESE TERMS AND CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, CAUSES DISCLAIMER OF ACTION WARRANTIES, OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THESE TERMS AND CONDITIONS BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY HOTSCHEDULES TO SUBSCRIBER AND IS AN ESSENTIAL ELEMENT OF THE POSSIBILITY BASIS OF SUCH DAMAGES, LIABILITY, CAUSES THE BARGAIN BETWEEN THE PARTIES. EACH OF ACTION OR CLAIMSTHESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS AND CONDITIONS. THE LIMITATIONS IN THIS SECTION 9 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THESE TERMS AND CONDITIONS.

Limitations of Liability. YOU UNDERSTAND THE CUSTOMER ACKNOWLEDGES AND AGREE AGREES THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL THE CONSIDERATION WHICH INNOVISE IS CHARGING HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY INNOVISE OF THE RISK OF CUSTOMER’S INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES, PENALTIESOR INDIRECT DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR SPECIAL LIABILITY OTHER ECONOMIC ADVANTAGE), ARISING OUT FROM BREACH OF WARRANTY OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING OR NEGLIGENCE), OR OTHERWISEANY OTHER LEGAL CAUSE OF ACTION ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, AND OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF WHETHER CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF EITHER PARTY TO ANY PERSON, LIABILITYBUSINESS OR OTHER BODY WHATSOEVER ARISING OUT OF OR IN THE CONNECTION WITH ANY LICENSE, CAUSES USE OR OTHER EMPLOYMENT OF ACTION THE SERVICE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON BREACH OR CLAIMSREPUDIATION OF CONTRACT, BREACH OF WARRANTY, TORT, OR OTHERWISE, SHALL IN NO CASE EXCEED THE EQUIVALENT OF 12 MONTHS IN FEES APPLICABLE AT THE TIME OF THE EVENT. THE ESSENTIAL PURPOSE OF THIS PROVISION IS TO LIMIT THE POTENTIAL LIABILITY OF THE PARTIES ARISING FROM THIS AGREEMENT. THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS SET FORTH IN THIS SECTION ARE INTEGRAL TO THE AMOUNT OF CONSIDERATION LEVIED IN CONNECTION WITH THE LICENSE OF THE SERVICE AND THAT, WERE INNOVISE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN; SUCH CONSIDERATION WOULD OF NECESSITY BE SET SUBSTANTIALLY HIGHER. THIS EXCLUSION DOES NOT APPLY TO DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF INNOVISE, ITS STAFF OR ITS CONTRACTORS AND AGENTS.