Common use of Limitations of Liability Clause in Contracts

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY OR IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:

Limitations of Liability. NOTWITHSTANDING ANYTHING 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 THE CONTRARY DIRECT AND OBJECTIVELY MEASURABLE DAMAGES. IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES EVENT SHALL THE CUMULATIVE LIABILITY OF TREND MICRO EITHER PARTY BE LIABLE TO ANYONE FOR ANY AND ALL CLAIMS INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (AINCLUDING LOSS OF DATA, REVENUE, PROFITS, USE, BUSINESS INTERUPTIONS OR OTHER ECONOMIC ADVANTAGE) RELATED TO THE INSTALLATION ARISING OUT OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYWAY CONNECTED WITH THE C3 HUB, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE INCLUDING BUT NOT LIMITED TO THE CLAIM (EXCEPT THAT USE OR INABILITY TO USE THE C3 HUB, OR FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING ANY CONTENT OBTAINED FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATESTHROUGH THE C3 HUB, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOINGCONTENT, TREND MICRO SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY OR IN ANY OTHER WAY (EVEN IF TREND MICRO THE PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR LIABILITIES ARISING FROM A CLAIM RELATED TO DEATH, PERSONAL INJURIES, FRAUD OR PURSUANT TO SECTION 10 (MUTUAL INDEMNIFICATION) FOR:OR SECTION 4 (CUSTOMER USE OF THE C3 HUB), IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE 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. NOTWITHSTANDING ANYTHING TO THE CONTRARY MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN THIS AGREEMENTNO EVENT WILL COMPANY OR COMPANY’S THIRD PARTY LICENSORS, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO OR ANY OTHER PERSON OR ENTITY, BE LIABLE TO CUSTOMER OR ANY AUTHORIZED USER FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OFANY INDIRECT, USE OF CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENTSPECIAL DAMAGES, TO YOU, SUBSCRIBERS INCLUDING REPLACEMENT COSTS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTIONLOSSES RELATING TO CUSTOMER OR CUSTOMER’S BUSINESS, SUCH AS LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, OR ANY CONTRACTLOST SAVINGS, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY OR IN ANY OTHER WAY (EVEN IF TREND MICRO HAS COMPANY OR ITS THIRD PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) FOR:ANY CLAIM BY ANY THIRD PARTY. IF CUSTOMER COULD HAVE AVOIDED DAMAGES BY TAKING REASONABLE CARE, NEITHER COMPANY NOR COMPANY’S THIRD PARTY LICENSORS WILL BE LIABLE FOR SUCH LOSSES. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL COMPANY’S TOTAL LIABILITY UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EXCEED THE CUMULATIVE PAYMENTS RECEIVED BY COMPANY FROM CUSTOMER UNDER THIS AGREEMENT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES OR JURISDICTIONS, COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NO EVENT WILL SYNACOR BE LIABLE UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES IN CONNECTION WITH THESE EU TERMS UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL SYNACOR'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE EU TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO SYNACOR UNDER THIS AGREEMENT IN THE TWELVE (12) FOR:MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100.00 USD, WHICHEVER IS LESS. The exclusions and limitations in this Section 10 do not apply to Customer's obligations under Section 9.2.‌

Limitations of Liability. NOTWITHSTANDING ANYTHING EXCEPT FOR INDEMNIFICATION, TO THE CONTRARY IN THIS AGREEMENTEXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE UILA'S AND ITS LICENSORS' AGGREGATE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY WHETHER FOR BREACH OR IN ANY OTHER WAYTORT, EXCEED IS LIMITED: (1) FOR MONTHLY CUSTOMERS, TO THE AMOUNT FEES PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER FOR THE 12 TWO MONTHS IMMEDIATELY PRECEDING THE EVENTS EVENT GIVING RISE TO SUCH LIABILITY; (2) FOR ANNUAL CUSTOMERS, TO THE CLAIM FEES PAID UNDER THIS AGREEMENT FOR THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY AND (3) FOR PERPETUAL CUSTOMERS, TO AN AMOUNT EQUAL TO THE PERPETUAL LICENSE FEE. THE FOREGOING LIMITATION IS THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT. EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES AS TO THE INDEMNIFICATION ARISING FROM THE DATA WARRANTIES AND COVENANTS, IN NO EVENT WILL UILA OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT ITS LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONTRACT, TORT CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (INCLUDING NEGLIGENCE)DAMAGES ARISING FROM LOSS OR DELAYED USE OF EMAIL, STRICT WEB TRAFFIC OR DATA; LOST PROFITS, SAVINGS OR REVENUE; DAMAGE TO EQUIPMENT; FALSE POSITIVES OR FALSE NEGATIVES; LOSS OF OR DAMAGE TO RECORDS OR DATA; RE-PROCUREMENT COSTS; AND THIRD PARTY CLAIMS AGAINST CUSTOMER) HOWEVER CAUSED AND REGARDLESS OF THE LEGAL THEORY OF LIABILITY, FOR BREACH OF A STATUTORY DUTY OR IN ANY OTHER WAY (EVEN IF TREND MICRO UILA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:, AND EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR HEREIN FAILS OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS AGREEMENT WILL LIMIT UILA’S LIABILITY FOR DEATH AND PERSONAL INJURY.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO EXCEPT FOR ANY AND ALL CLAIMS OR DAMAGES ARISING FROM (A) RELATED TO THE INSTALLATION OFBREACH OF CONFIDENTIALITY, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR THE SERVICES PROVIDED UNDER THIS AGREEMENTANY INDIRECT, TO YOUINCIDENTAL, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTIONPUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY CONTRACTLOSS OF PROFITS OR REVENUE, STRICT LIABILITYUSE, TORT GOODWILL, DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). XXXXX XXXXXX SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, XXXXX XXXXXX IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYSECURITY BREACH, EXCEED EXCEPT TO THE AMOUNT PAID TO TREND MICRO EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR THE SERVICES CLAIMS ARISING UNDER THIS AGREEMENT BY YOU AND/SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR SUBSCRIBER OVER PAYABLE UNDER THIS AGREEMENT IN THE 12 MONTHS IMMEDIATELY ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (CLAIM, EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EVA) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF CONFIDENTIALITY, (B) XXXXX XXXXXX’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A STATUTORY DUTY OR IN ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER WAY (EVEN IF TREND MICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:PARTY.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL PROVIDER OR ANY OF ITS LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO PROVIDER UNDER THIS AGREEMENT IN THE TWELVE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100,000, WHICHEVER IS LESS.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL TRUALTA BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, AGGRAVATED, PUNITIVE OR EXEMPLARY DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER CUSTOMER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL TRUALTA'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO TRUALTA UNDER THE APPLICABLE ORDER FORM IN THE SIX (6) FOR:MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

Limitations of Liability. NOTWITHSTANDING ANYTHING 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 SOLE LIABILITY HEREUNDER SHALL BE LIMITED TO THE CONTRARY DIRECT AND OBJECTIVELY MEASURABLE DAMAGES. IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES EVENT SHALL THE CUMULATIVE LIABILITY OF TREND MICRO EITHER PARTY BE LIABLE TO ANYONE FOR ANY AND ALL CLAIMS INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (AINCLUDING LOSS OF DATA, REVENUE, PROFITS, USE, BUSINESS INTERUPTIONS OR OTHER ECONOMIC ADVANTAGE) RELATED TO THE INSTALLATION ARISING OUT OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYWAY CONNECTED WITH THE C3 HUB, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE INCLUDING BUT NOT LIMITED TO THE CLAIM (EXCEPT THAT USE OR INABILITY TO USE THE C3 HUB, OR FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING ANY CONTENT OBTAINED FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATESTHROUGH THE C3 HUB, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOINGCONTENT, TREND MICRO SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY OR IN ANY OTHER WAY (EVEN IF TREND MICRO THE PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR LIABILITIES ARISING FROM A CLAIM RELATED TO DEATH, PERSONAL INJURIES, FRAUD OR PURSUANT TO SECTION 10 (MUTUAL INDEMNIFICATION) FOR:OR SECTION 4 (CUSTOMER USE OF THE C3 HUB), IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE 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. NOTWITHSTANDING ANYTHING IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE CONTRARY OTHER PARTY UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT FOR ITS INDEMNIFICATION OBLIGATIONS SET FORTH ABOVE IN SECTION 8(A), AND MATTERS ARISING FROM ITS NEGLIGENCE OR INTENTIONAL MISCONDUCT, IN NO EVENT WILL LICENSOR'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO LICENSOR UNDER THIS AGREEMENT. IN NO EVENT SHALL LICENSEE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID BY LICENSEE TO LICENSOR UNDER THIS AGREEMENT.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL COMPANY WILL NOT BE LIABLE IN CONTRACTTO CUSTOMER FOR ANY DIRECT, TORT INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING NEGLIGENCEDAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR DATA), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY OR IN ANY OTHER WAY (EVEN IF TREND MICRO A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, COMPANY WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) FOR:CUSTOMER INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR CUSTOMER USE OF OR ACCESS TO THE SERVICE OFFERINGS, (II) COMPANY 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 CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR CUSTOMER 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 CUSTOMER CONTENT OR DATA. IN ANY CASE, COMPANY AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT CUSTOMER ACTUALLY PAYS COMPANY UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY EXCEPT AS PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL PROVIDER BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO PROVIDER UNDER THIS AGREEMENT IN THE TWELVE (12) FOR:MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.‌

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL EVENT WILL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA , WALLET KEYS, OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE INSTALLATION OFSERVICES), USE HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR RELIANCE UPON A CERTIFICATE OR (B) FOR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY, LIABILITY OR TORT (INCLUDING NEGLIGENCE), NEGLIGENCE OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EVOTHERWISE) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY OR IN ANY OTHER WAY (EVEN IF TREND MICRO HAS THE COMPANY 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 SERVICES. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) FOR:MONTHS FOR THE SERVICES (OR COMPANY NFTS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL VENDOR BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER VENDOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL VENDOR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE AMOUNT OR AMOUNTS PAID TO VENDOR UNDER THIS AGREEMENT FOR A SINGLE DEVICE OR DEVICES PURCHASED IN THE 12 MONTHS PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL GEOCOMM BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER GEOCOMM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL GEOCOMM'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO GEOCOMM UNDER THIS AGREEMENT IN THE TWELVE (12) FOR:MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO ANY PROVISION OF THIS CONTRACT OR THE CONTRARY IN THIS AGREEMENTLAW, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE IT IS EXPRESSLY AGREED THAT SELLER’S TOTAL LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS DAMAGES, COSTS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE EXPENSES ARISING OUT OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATESTHIS CONTRACT OR ITS PRODUCTS OR SERVICES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE W HETHER BASED IN CONTRACT, TORT WARRANTY, INDEMNITY, TORT/EXTRA-CONTRACTUAL LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITYLIABILITY OR OTHERWISE IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE PRODUCT OR SERVICES OR, AT SELLER’S OPTION, A RETURN OF AN AMOUNT THAT WILL NOT EXCEED THE PURCHASE PRICE. UNDER NO CIRCUMSTANCES WILL SELLER, ITS OFFICERS, DIRECTORS, EMPLOYEES OR ASSIGNS BE LIABLE FOR BREACH OF A STATUTORY DUTY OR IN ANY OTHER WAY REMEDY, LOSS, COST, DAMAGE OR EXPENSE W HETHER DIRECT OR INDIRECT. IN NO EVENT WHATSOEVER WILL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, LIQUIDATED, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, INCOME, PROFIT, OR PRODUCTION; INCREASED COST OF OPERATION; SPOILAGE OR DAMAGE TO MATERIAL OR DATA; OR CHANGE OUT COSTS. BUYER WILL INDEMNIFY, DEFEND AND HOLD SELLER H AR M LESS FROM ANY LOSS, COST, EXPENSE, D AM AGE, OR CAUSE OF ACTION TO OR BY A THIRD PARTY THAT EXCEEDS THESE LIMITATIONS OF LIABILITY. Terms of Payment. Terms of payment, unless agreed otherwise in writing, are thirty (EVEN IF TREND MICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES30) FOR:days net from date of invoice, without set-off for any payment from Seller not due under this Contract. 1% 10th and 25th Prox, 20th prox. Seller reserves the right to charge interest at the rate of 1.5% per month or the highest rate allowed by law, whichever is lower, for all amounts more than thirty (30) days past due. Costs of collection (including reasonable attorney's fees) will be the responsibility of the Buyer.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO (a) IN NO EVENT WILL PROVIDER OR RESELLER BE LIABLE UNDER OR IN CONNECTION WITH THE CONTRARY IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES PURECARS TERMS UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER’S OR RESELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE PURECARS TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID BY RESELLER TO PROVIDER WITH RESPECT TO DEALER’S RIGHT TO ACCESS THE PURECARS SERVICES DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING NOTWITSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY OR IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:

Limitations of Liability. NOTWITHSTANDING ANYTHING 14.1 TO THE CONTRARY IN THIS AGREEMENTFULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES NEITHER PARTY SHALL BE LIABLE TO THE CUMULATIVE LIABILITY OF TREND MICRO OTHER PARTY FOR ANY AND ALL CLAIMS INJURY TO OR DAMAGES (A) RELATED TO THE INSTALLATION OFLOSS OF GOODWILL, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENTREPUTATION, TO YOUBUSINESS, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTIONPRODUCTION, REVENUES, PROFITS, ANTICIPATED PROFITS, CONTRACTS, OR ANY CONTRACT, STRICT LIABILITY, TORT OPPORTUNITIES (INCLUDING NEGLIGENCEREGARDLESS OF HOW THESE ARE CLASSIFIED AS DAMAGES), OR SHALL BE ENTITLED TO RECOVER FROM THE OTHER LEGAL PARTY ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INCLUDING LOST PROFITS, OR EQUITABLE THEORY OR PUNITIVE DAMAGES IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER CONNECTION WITH THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES WHETHER ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FOR PRODUCT LIABILITY, OR OTHERWISE (INCLUDING THE ENTRY INTO, PERFORMANCE, OR BREACH OF A STATUTORY DUTY OR IN ANY OTHER WAY (EVEN IF TREND MICRO THIS AGREEMENT), REGARDLESS OF THE FORESEEABILITY THEREOF AND REGARDLESS OFWHETHER SUCH PARTY HAS BEEN ADVISED INFORMED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES; PROVIDED, HOWEVER, THAT THIS SECTION 14.1 SHALL NOT BE CONSTRUED TO LIMIT (A)EITHER PARTY’S RIGHT TO SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR THE OTHER PARTY’S BREACH OF ARTICLE 10 (CONFIDENTIALITY), FRAUD, INTENTIONAL MISREPRESENTATION OR (B) FOR:EITHER PARTY’S INDEMNIFICATION RIGHTS OR OBLIGATIONS UNDER ARTICLE 16 TO THE EXTENT THAT A THIRD PARTY IS AWARDED ANY SUCH DAMAGES OR AMOUNTS.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NO EVENT EITHER PARTY BE LIABLE UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES IN CONNECTION WITH THESE TERMS UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, LIQUIDATED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO PROVIDER UNDER THIS AGREEMENT IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR CUSTOMER’S ACTUAL DAMAGES) FOR:, WHICHEVER IS LESS.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY EXCLUSIVE OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OFINDEMNITIES IN SECTIONS 15 AND 16, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) THE CONFIDENTIALITY OBLIGATIONS IN SECTION 18, OR (C) LIABILITY DUE TO PERSONAL INJURY OR DEATH CAUSED BY NEGLIGENCE (OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW), XXXXXXXXXXXXXXX.XXX’S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF THE FEES PAID BY CUSTOMER TO XXXXXXXXXXXXXXX.XXX OR ITS AUTHORIZED RESELLER FOR THE SERVICES PROVIDED TWELVE MONTHS PRECEDING THE RELEVANT ACT OR OMISSION AND, IN THE AGGREGATE, THE TOTAL AMOUNTS PAID BY CUSTOMER UNDER THIS AGREEMENT. EXCEPT FOR A BREACH OF THE CONFIDENTIALITY OBLIGATIONS IN SECTION 18 OR ANY BREACH OF XXXXXXXXXXXXXXX.XXX’S INTELLECTUAL PROPERTY RIGHTS, TO YOUIN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTIONSPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, NOR ANY CONTRACTDAMAGES FOR LOSS OF GOODWILL, STRICT LIABILITYPROFITS, TORT DATA, (INCLUDING NEGLIGENCEOR USE THEREOF), OR OTHER LEGAL BUSINESS INTERRUPTION ARISING OUT OF EITHER PARTY’S ACT OR EQUITABLE THEORY OR FAILURE TO ACT, WHETHER SUCH DAMAGES ARE LABELED IN ANY OTHER WAYTORT, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE)OR OTHERWISE, STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY OR IN ANY OTHER WAY (EVEN IF TREND MICRO SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS AGREEMENT, ANY DAMAGES, FINES OR EQUITABLE REMEDIES PAYABLE TO THIRD PARTIES (INCLUDING AMOUNTS DUE UNDER AN INDEMNIFICATION OBLIGATION SET FORTH HEREIN) FOR:SHALL BE CONSTRUED AS DIRECT DAMAGES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY EXCLUSIVE REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. The allocations of liability in this Section 17 represent the agreed and bargained for understanding of the parties and each party’s compensation hereunder reflects such allocations. XXXXXXXXXXXXXXX.XXX’S THIRD PARTY SUPPLIERS DISCLAIM ANY AND ALL DIRECT LIABILITY TO CUSTOMER AND ITS AFFILIATES UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA AND OTHER SUCH DAMAGES.

Limitations of Liability. NOTWITHSTANDING ANYTHING XXXXXXX’X CUMULATIVE LIABILITY TO CUSTOMER FOR ALL CLAIMS IN ANY WAY ARISING OUT OF OR RELATING TO THE CONTRARY IN ORDER, ANY SOW, THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL AND THE CUMULATIVE LIABILITY PRODUCTS OR SERVICES, REGARDLESS OF TREND MICRO FOR ANY AND ALL CLAIMS THE FORM OR DAMAGES THEORY OF ACTION (A) RELATED TO THE INSTALLATION OF, USE INCLUDING BREACH OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY), SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID TO TREND MICRO TRIMBLE BY CUSTOMER FOR THE RELEVANT PRODUCT OR SERVICES IN THE PRIOR 12 MONTHS UNDER THIS AGREEMENT BY YOU AND/AGREEMENT. IN NO EVENT WILL TRIMBLE OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT ITS SUPPLIERS OR THIRD-PARTY VENDORS HAVE ANY OBLIGATION OR LIABILITY FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR AGGRAVATED DAMAGES, LOSS OF GOODWILL, LOSS OF DATA, OR ANTICIPATED PROFITS ARISING FROM OR RELATED RELATING TO EXTENDED VALIDATION (EV) CERTIFICATESTHIS AGREEMENT, CUSTOMER’S USE OF OR THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER PERFORMANCE OF THE PRODUCTS OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING FROM THE FOREGOINGSERVICES, TREND MICRO SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR FOR BREACH OF A STATUTORY DUTY OR IN ANY OTHER WAY (REASON, EVEN IF TREND MICRO HAS TRIMBLE OR ITS SUPPLIERS OR THIRD-PARTY VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:POTENTIAL LOSS OR DAMAGE. CUSTOMER ACKNOWLEDGES THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT TRIMBLE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL PROVIDER BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED TWO TIMES THE TOTAL AMOUNTS PAID TO PROVIDER UNDER THIS AGREEMENT IN THE ONE-YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO BANK WILL ONLY BE LIABLE FOR DAMAGES, WHICH ARE THE CONTRARY DIRECT RESULT OF BANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES EVENT WILL BANK BE RESPONSIBLE FOR: (A) RELATED ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA REGARDLESS OF WHETHER IT WAS ADVISED, HAD REASON TO KNOW, OR IN FACT KNEW OF THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR POSSIBILITY THEREOF; (B) FOR ANY LOSS OR DAMAGE TO YOU OR TO ANY USER, DIRECT OR CONSEQUENTIAL, ARISING OUT OF OR IN ANY WAY RELATED TO ACTS OR OMISSIONS OF AGENT OR ANY THIRD PARTIES INCLUDING, BUT NOT LIMITED TO, A THIRD PARTY PROVIDER, THE SERVICES PROVIDED FRBNY, OTHER BANKS WITH WHICH YOU DEAL OR ANY FINANCIAL INSTITUTION THAT RECEIVES OR ORIGINATES ENTRIES OR PAYS ELECTRONIC DEBITS FROM THE ACCOUNTS OF THE PAYOR OF ANY ITEM; OR (C) ANY DAMAGES OR CLAIMS RESULTING FROM SOFTWARE MALFUNCTIONS OR INTERRUPTIONS, OR FAILURE ON YOUR PART TO TAKE ANY ACTION NECESSARY FOR BANK TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT. IN NO EVENT SHALL BANK’S LIABILITY RELATED TO THIS SERVICE EXCEED THE FEES ACTUALLY PAID BY YOU TO BANK FOR THE SERVICE FOR THE TWO (2) CALENDAR MONTHS PRECEDING THE MONTH IN WHICH THE EVENT CAUSING THE LIABILITY DAMAGES. THE FORGOING LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS LIMITATION OF LIABILITY WILL NOT APPLY WHERE PROHIBITED BY THE LAWS GOVERNING THE ACCOUNT. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TO YOUTIMELY, SUBSCRIBERS AND/SECURE, FREE FROM DEFECTS OR RELYING PARTIES UNDER ANY CAUSE OF ACTIONVIRUSES, OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, INCLUDING OUR AFFILIATES AND AGENTS, DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY CONTRACTKIND (EXPRESS, STRICT LIABILITYIMPLIED, TORT STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICE AND ALL INFORMATION SERVICES AND OTHER CONTENT (INCLUDING NEGLIGENCE)THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAY, EXCEED ACCESSIBLE THROUGH THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY OR IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:SERVICE.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO IN NO EVENT SHALL MORTGAGE MARKET (INCLUDING FOR GREATER CERTAINTY, OUR PARENT AND AFFILIATES), AND THE CONTRARY IN THIS AGREEMENTOFFICERS, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AGENTS, ADVISERS OF TREND MICRO MORTGAGE MARKET, BE LIABLE FOR LOST PROFITS OR ANY AND ALL CLAIMS SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL, OR PUNITIVE DAMAGES (AINCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BREACH OF CONFIDENTIALITY OR LOSS OF OPPORTUNITY) RELATED TO THE INSTALLATION OF, USE ARISING OUT OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR IN CONNECTION WITH OUR WEBSITE, THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTIONSERVICES, OR ANY CONTRACTTHIS AGREEMENT (HOWEVER ARISING, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), UNLESS AND TO THE EXTENT PROHIBITED BY LAW. OUR LIABILITY (INCLUDING FOR GREATER CERTAINTY, THE LIABILITY OF OUR PARENT AND AFFILIATES OF MORTGAGE MARKET), AND ANY OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF: (I) $10,000.00 CAD OR (II) ACTUAL AMOUNT OF DIRECT DAMAGES. IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, MORTGAGE MARKET (INCLUDING FOR GREATER CERTAINTY OUR PARENT AND AFFILIATES) AND OUR (AND THEIR RESPECTIVE) OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, AND EMPLOYEES, ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD THESE PARTIES RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL, OR REPUTATION, PROFITS, OR OTHER LEGAL INTANGIBLE LOSSES OR EQUITABLE THEORY ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (A) YOUR USE OF OR YOUR INABILITY TO USE MARKET’S SITES AND SERVICES; (B) DELAYS OR DISRUPTIONS IN MORTGAGE MARKET’S SITES AND SERVICES; (C) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING MORTGAGE MARKET’S SITES OR SERVICES OR ANY SITE OR SERVICE LINKED TO MORTGAGE MARKET’S SITES OR SERVICES; (D) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN MORTGAGE MARKET’S SITES OR SERVICES OR IN ANY THE INFORMATION OBTAINED FROM THEM; (E) INFORMATION PROVIDED ON THE MORTGAGES, PROPERTIES, BORROWERS OR THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES; (F) A SUSPENSION OR OTHER WAYACTION TAKEN WITH RESPECT TO YOUR ACCOUNT; (G) YOUR NEED TO MODIFY PRACTICES, EXCEED THE AMOUNT PAID CONTENT, OR BEHAVIOR, OR YOUR LOSS OF OR INABILITY TO TREND MICRO FOR THE SERVICES UNDER INVEST, AS A RESULT OF CHANGES TO THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER MORTGAGE MARKET’S POLICIES. MORTGAGE MARKET RESERVES THE 12 MONTHS IMMEDIATELY PRECEDING RIGHT TO MODIFY ITS POLICIES AND THIS AGREEMENT AT ANY TIME CONSISTENT WITH THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY OR IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:PROVISIONS OUTLINED HEREIN.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL PROVIDER BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO PROVIDER UNDER THIS AGREEMENT IN THE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $10,000 WHICHEVER IS LESS.

Limitations of Liability. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY IN THIS AGREEMENTCONTRARY, EXCEPT FOR DAMAGES RESULTING FROM UNAUTHORIZED USE OR DISCLOSURE OF CONFIDENTIAL INFORMATION AND SAP’S RIGHT TO COLLECT UNPAID FEES, UNDER NO CIRCUMSTANCES AND REGARDLESS OF THE NATURE OF ANY CLAIM SHALL EITHER SAP (OR ITS AFFILIATES OR SAP’S LICENSORS) BE LIABLE TO BPO, ANY CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR AN AMOUNT OF DAMAGES IN EXCESS OF THE CUMULATIVE LIABILITY FEES PAID FOR THE APPLICABLE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF TREND MICRO THE INCIDENT GIVING RISE TO LIABLITY AND UNDER NO CIRCUMSTANCES IN THE AGGREGATE FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR SAP DURING THE SERVICES TERM OF THIS AGREEMENT. UNDER THIS AGREEMENT BY YOU AND/NO CIRCUMSTANCES SHALL SAP, ITS AFFILIATES OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT SAP’S LICENSORS BE LIABLE IN CONTRACTANY AMOUNT FOR SPECIAL, TORT (INCLUDING NEGLIGENCE)INCIDENTAL, STRICT LIABILITYCONSEQUENTIAL, FOR BREACH OR INDIRECT DAMAGES, LOSS OF A STATUTORY DUTY GOOD WILL OR IN ANY OTHER WAY (BUSINESS PROFITS, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, OR EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF TREND MICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESTHEREOF. 14. IMPORT AND EXPORT CONTROLS melanggar, menyalahgunakan atau menyalahi paten, hak cipta atau xxxxx xxxxxx dari pihak ketiga atau BPO menggabungkan (atau pihak xxxx xxxx mengizinkan untuk menggabungkan) FOR:Layanan dengan setiap produk atau layanan yang tidak disediakan oleh SAP; (vii) pernyataan pihak ketiga di mana BPO bertindak sebagai agen SAP atau atas nama Pelanggannya atau (viii) setiap klaim Pelanggan yang diajukan terhadap SAP terkait dengan atau yang timbul dari Layanan atau Perjanjian ini yang bukan merupana pokok dari kewajiban SAP yang ditetapkan dalam Pasal 12.1. BPO akan membayar xxxxx rugi xxxx pada akhirnya diputuskan untuk SAP xxx Afiliasinya (atau biaya penyelesaian apa pun yang mengikat BPO) yang terkait dengan klaim tersebut, xxx akan membayar imbalan pengacara yang wajar terkait dengan pembelaan tersebut. Hal tersebut di atas akan berlaku terlepas dari apakah kerugian tersebut disebabkan oleh tindakan BPO, pengecer, distributor, agen atau Pelanggannya xxx/atau masing-Pengguna yang Sah atau oleh tindakan pihak ketiga yang menggunakan kredensial akses BPO atau Pelanggan. 12.3 Kewajiban berdasarkan Pasal 12 ini tergantung pada (a) pihak yang terhadapnya klaim pihak ketiga diajukan secara tepat waktu yang memberitahukan kepada pihak lain secara tertulis tentang setiap klaim tersebut, namun dengan ketentuan bahwa kegagalan suatu pihak untuk memberikan atau menunda memberikan pemberitahuan tersebut tidak akan membebaskan suatu pihak atas kewajibannya berdasarkan Pasal 12 ini, kecuali jika kegagalan atau penundaan tersebut merugikan pembelaan, (b) pihak yang diwajibkan untuk membela klaim berdasarkan dokumen ini memiliki hak untuk sepenuhnya mengendalikan pembelaan terhadap klaim tersebut; xxx (c) pihak yang terhadapnya klaim pihak ketiga tersebut diajukan bekerja sama secara wajar dalam pembelaan klaim tersebut. Setiap penyelesaian atas klaim apapun tidak termasuk kewajiban keuangan atau kinerja khusus pada atau pengakuan tanggung jawab oleh pihak yang terhadapnya klaim tersebut diajukan, namun dengan ketentuan bahwa SAP dapat menyelesaikan klaim apa pun atas dasar yang mengharuskan SAP untuk menggantikan Layanan setiap alternatif yang secara substansial setara dengan layanan yang tidak melanggar. Atas tanggungannya sendiri, pihak yang terhadapnya klaim pihak ketiga diajukan dapat diwakili xxxx xxxxxx xxxx dapat diterima secara wajar oleh pihak yang diwajibkan untuk membela klaim berdasarakan dokumen ini. Tidak ada pihak yang akan melakukan tindakan dalam menanggapi setiap pelanggaran atau penyalahgunaan, atau dugaan pelanggaran atau penyalahgunaan, yang merugikan xxx-xxx pihak lain. 12.4 XXXXXXXXX XXXXX XXXXX 00 XXX XXXXXXXXXX XXXXXXX TANGGUNG JAWAB TUNGGAL, EKSKLUSIF, XXX MENYELURUH PARA PIHAK, AFILIASINYA, XXX PEMBERI LISENSINYA KEPADA PIHAK XXXX, XXX MERUPAKAN XXXXX RUGI TUNGGAL PIHAK LAIN, TERKAIT DENGAN KLAIM PIHAK KETIGA YANG DICAKUP DALAM DOKUMEN INI XXX TERHADAP PELANGGARAN ATAU PENYALAHGUNAAN HAK KEKAYAAN INTELEKTUAL PIHAK KETIGA. 13. BATASAN TANGGUNG JAWAB. MESKIPUN TERDAPAT KETENTUAN YANG BERTENTANGAN DALAM PERJANJIAN INI, KECUALI UNTUK KERUGIAN AKIBAT PENGGUNAAN ATAU PENGUNGKAPAN INFORMASI RAHASIA XXX XXX SAP UNTUK MENAGIH BIAYA YANG BELUM DIBAYAR, DALAM KEADAAN APA XXX XXX TERLEPAS DARI SIFAT SETIAP KLAIM, BAIK SAP (ATAU AFILIASINYA ATAU PEMBERI LISENSI SAP) TIDAK BERTANGGUNG JAWAB KEPADA BPO, PELANGGAN, PIHAK ATAU BADAN HUKUM LAIN MANA PUN ATAS JUMLAH KERUGIAN YANG MELEBIHI BIAYA YANG DIBAYAR UNTUK LAYANAN YANG BERLAKU DALAM PERIODE DUA BELAS (12) BULAN SEBELUM TANGGAL KEJADIAN YANG MENYEBABKAN TIMBULNYA TANGGUNG JAWAB TERSEBUT XXX DALAM KEADAAN APA PUN SECARA AGREGAT UNTUK SEMUA KLAIM TIDAK DAPAT`MELEBIHI JUMLAH YANG DIBAYAR KEPADA SAP SELAMA JANGKA WAKTU PERJANJIAN INI. DALAM SITUASI APA PUN SAP, AFILIASINYA ATAU PEMBERI LISENSI SAP TIDAK AKAN BERTANGGUNG JAWAB DALAM JUMLAH APA PUN ATAS KERUGIAN KHUSUS, INSIDENTAL, KONSEKUENSIAL, ATAU TIDAK LANGSUNG, HILANGNYA NAMA BAIK ATAU KEUNTUNGAN BISNIS, PENGHENTIAN KERJA, HILANGNYA DATA, KERUSAKAN ATAU MALAFUNGSI KOMPUTER, ATAU KERUGIAN EKSEMPLARI ATAU PUNITIF, BAHKAN JIKA DIBERI TAHU TENTANG KEMUNGKINAN XXX-XXX TERSEBUT.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL IVANTI BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER IVANTI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL IVANTI'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED $1,000 USD.

Limitations of Liability. NOTWITHSTANDING ANYTHING 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 CONTRARY IN THIS AGREEMENTFULL EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY TRUSTCOR CA AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND SHAREHOLDERS WILL NOT BE LIABLE FOR (I) ANY LOSS OF TREND MICRO FOR PROFIT, BUSINESS, CON- TRACTS, REVENUE OR ANTICIPATED SAVINGS, OR (II) ANY AND ALL INDIRECT OR CONSEQUENTIAL LOSSES, CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, AS A RESULT OF USE OF OR RELIANCE UPON ON SUCH CERTIFICATE. TRUSTCOR CA’S TOTAL LIABILITY FOR DAMAGES SUSTAINED BY SUBSCRIBER AND ANY THIRD PARTY FOR ANY USE OR RELIANCE ON A CERTIFICATE OR (B) FOR SHALL BE LIMITED, IN THE SERVICES PROVIDED UNDER THIS AGREEMENTAGGREGATE, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO BY SUBSCRIBER FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS CERTIFICATE GIVING RISE TO THE CLAIM LIABILITY. THE LIABILITY LIMITATIONS PROVIDED IN THIS SECTION 11.2 SHALL BE THE SAME REGARDLESS OF: (EXCEPT THAT FOR I) THE NUMBER OF DIGITAL SIGNATURES, TRANSACTIONS, OR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION SUCH CERTIFICATE; (EVII) CERTIFICATESWHETHER SUCH LIABILITY ARISES FROM CON- TRACT, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOINGINDEMNIFICATION, TREND MICRO SHALL NOT BE LIABLE IN CONTRACTWARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY LIABILITY OR IN ANY OTHER WAY OTHERWISE; AND (EVEN IF TREND MICRO III) WHETHER TRUSTCOR CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSS OR DAMAGE. NOTWITHSTANDING THE FOREGOING, LIABILITY OF EITHER PARTY SHALL NOT BE LIMITED UNDER THIS SECTION 11.2

Limitations of Liability. NOTWITHSTANDING ANYTHING TO IN NO EVENT WILL THE CONTRARY COMPANY BE LIABLE UNDER OR IN THIS AGREEMENTCONNECTION WITH THE PRODUCT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS SERVICES, DOCUMENTATION OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES THESE TERMS UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY OR OTHERWISE, EXCEPT FOR WARRANTY CLAIMS UNDER SECTION 13, IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE‌ TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO THE COMPANY UNDER THESE TERMS IN THE THREE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $50.00, WHICHEVER IS LESS.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL PROVIDER BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE MAXIMUM YEARLY CONTRACTED VALUE UNDER THIS AGREEMENT.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NO EVENT WILL SWAPIDEA BE LIABLE UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES IN CONNECTION WITH THESE UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (I) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (II) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, REVENUES, OR PROFITS; (III) LOSS OF GOODWILL OR REPUTATION; (IV) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER SWAPIDEA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL SWAPIDEA'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESETERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO SWAPIDEA UNDER THESETERMS IN THE THREE (3) FOR:MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100.00, WHICHEVER IS LESS.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL INTERPERSONAL FREQUENCY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITYLIABILITY AND/OR OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER INTERPERSONAL FREQUENCY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL INTERPERSONAL FREQUENCY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND/OR OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO INTERPERSONAL FREQUENCY BY CITY UNDER THIS AGREEMENT DURING THE SIX (6) FOR:MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM(S).

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENTMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE EXCEPT FOR LIABILITY ARISING OUT OF: (i) PERSONAL INJURY OR DEATH; (ii) MISUSE OR VIOLATION OF TREND MICRO DRAGOS’S INTELLECTUAL PROPERTY RIGHTS BY CUSTOMER; (iii) PAYMENT OBLIGATIONS FOR ANY AND ALL CLAIMS OFFERINGS; (iv) WILLFUL MISCONDUCT OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON FRAUD BY A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS PARTY; AND/OR RELYING (v) AMOUNTS PAYABLE TO THIRD PARTIES UNDER SECTION 9 (INDEMNIFICATION), IN NO EVENT WILL: (a): EITHER PARTY BE LIABLE FOR ANY CAUSE OF ACTIONCONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR ANY CONTRACTPUNITIVE DAMAGES WHATSOEVER (INCLUDING, STRICT LIABILITYWITHOUT LIMITATION, TORT (INCLUDING NEGLIGENCE)LOSS OF PROFITS, DATA OR INFORMATION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES BUSINESS INTERRUPTION) ARISING FROM OUT OF OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATESTHIS AGREEMENT AND ANY PRODUCTS OR SERVICES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY OR IN ANY OTHER WAY (EVEN IF TREND MICRO SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) FOR:EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT AND ANY OFFERINGS EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER FOR THE APPLICABLE OFFERING WHICH IS THE SUBJECT OF SUCH CLAIM IN THE TWELVE (12) MONTHS PERIOD BEFORE THE EVENT GIVING RISE TO SUCH LIABILITY. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY SPECIFIED IN THIS AGREEMENT. MULTIPLE CLAIMS SHALL NOT EXPAND THE LIMITATIONS SPECIFIED IN THIS SECTION.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY 9.1 WEBMD’S ONLY REPRESENTATIONS AND WARRANTIES ARE THOSE SET FORTH IN ARTICLE 8 OF THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL AND WEBMD EXPLICITLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. WEBMD DOES NOT GUARANTEE THE CUMULATIVE LIABILITY PAYMENT OR THE TIMING OF TREND MICRO FOR PAYMENT OF ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO SUBMITTED THROUGH THE INSTALLATION OF, USE WEBMD SERVICES. PAYMENT REMAINS THE RESPONSIBILITY OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE PARTICULAR PAYER OF HEALTH CARE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, SUPPLIER TO WHICH THE VENDOR OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR VENDOR’S CUSTOMER IS SUBMITTING. IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM NO EVENT SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT WEBMD BE LIABLE IN CONTRACTFOR INCIDENTAL, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY CONSEQUENTIAL OR IN ANY OTHER WAY (SPECIAL DAMAGES EVEN IF TREND MICRO WEBMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WEBMD’S AGGREGATE LIABILITY TO VENDOR AND VENDOR’S CUSTOMERS UNDER THIS AGREEMENT AND WITH RESPECT TO WEBMD SERVICES, WEBMD PRODUCTS AND WEBMD MATERIALS FURNISHED HEREUNDER (WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY OF LAW OR EQUITY) FOR:SHALL NOT EXCEED, UNDER ANY CIRCUMSTANCES, THE LESSER OF (A) THE PRICE PAID BY VENDOR TO WEBMD FOR THE PARTICULAR WEBMD SERVICES, WEBMD PRODUCTS AND/OR WEBMD MATERIALS DURING THE ONE YEAR PRECEDING VENDOR’S 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. NOTWITHSTANDING ANYTHING TO THE CONTRARY FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENTSECTION 30: (a) IN NO EVENT SHALL EITHER PARTY, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO ITS AFFILIATES OR THEIR EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY AND ALL CLAIMS INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES (A) RELATED TO THE INSTALLATION OFFOR BUSINESS INTERRUPTION, USE LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER RELATING TO THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT ; AND (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR b) IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES NO EVENT SHALL EITHER PARTY’S CUMULATIVE AND AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE FEES PAID TO ZEROFOX BY YOU AND/OR SUBSCRIBER OVER CUSTOMER UNDER THE APPLICABLE ORDER(S), INCLUDING PRIOR ORDERS FOR THE SAME SERVICES, IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM LIABILITY (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS THE “CAP”). THE EXCLUSIONS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION LIMITATIONS IN THIS SECTION, INCLUDING THE CAP (EV) CERTIFICATESCOLLECTIVELY, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE“EXCLUSIONS”). NOTWITHSTANDING , APPLY WHETHER THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING TORT, NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY LIABILITY OR IN ANY OTHER WAY (BASIS, EVEN IF TREND MICRO THE NON-BREACHING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:DAMAGE. THE EXCLUSIONS SHALL NOT APPLY TO A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 27 OR 28, AS APPLICABLE, CUSTOMER’S BREACH OF SECTION 9 OR CUSTOMER’S PAYMENT OBLIGATIONS TO ZEROFOX UNDER THIS AGREEMENT.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENTSECTION 15, UNDER IN NO CIRCUMSTANCES EVENT SHALL THE CUMULATIVE DATADOG, ITS AFFILIATES OR THEIR EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS OR DIRECTORS: (a) HAVE ANY LIABILITY OF TREND MICRO TO RESELLER FOR ANY AND ALL CLAIMS LOSSES ARISING OUT OF OR RELATING TO DISTRIBUTOR, ANY OTHER CONTRACT, THE CUSTOMER ORDER, CUSTOMER’S OR ITS USERS’ ACCESS OR USE OF THE SERVICES, OR RESELLER’S TRANSFER, USE OR PROCESSING OF CUSTOMER INFORMATION OR (b) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES (A) RELATED FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE INSTALLATION OFSERVICES OR THESE FLOW-DOWN TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 15, IN NO EVENT SHALL DATADOG’S CUMULATIVE AND AGGREGATE LIABILITY EXCEED ONE-HALF THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAY, EXCEED THE AMOUNT FEES PAID TO TREND MICRO FOR DATADOG BY DISTRIBUTOR UNDER THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER RESALE ORDER IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM LIABILITY. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATESCOLLECTIVELY, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00“EXCLUSIONS”) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING APPLY WHETHER THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING TORT, NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY LIABILITY OR IN ANY OTHER WAY (BASIS, EVEN IF TREND MICRO THE NON- BREACHING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:DAMAGE. THE EXCLUSIONS SHALL NOT APPLY TO A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 14. THE PROVISIONS OF THIS SECTION 15 ALLOCATE THE RISKS UNDER THESE FLOW-DOWN TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE EXCLUSIONS IN DETERMINING TO ENTER INTO THESE FLOW-DOWN TERMS.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL WALLA BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER WALLA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL WALLA'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED TWO (2) FOR:TIMES THE TOTAL AMOUNTS PAID TO WALLA UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100.00, WHICHEVER IS LESS.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT SHALL QU’RAN GATEWAY BE LIABLE UN- DER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITYLIABILITY AND OTHERWISE, FOR ANY (A) CONSEQUENTIAL, INCIDENTAL, IN- DIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES OR PROFITS, (C) LOSS OF GOODWILL OR REPUTATION, (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYS- TEM SECURITY, OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER QU’RAN GATEWAY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL QU’RAN GATEWAY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUI- TABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLI- GENCE), STRICT LIABILITY AND OTHERWISE EXCEED THE TOTAL OF THE SUBSCRIP- TION FEES PAID BY YOU TO QU’RAN GATEWAY UNDER THIS AGREEMENT.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY OTHER THAN AS SET FORTH HEREIN, IN NO EVENT WILL CIRCADIANCE BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS AGREEMENT OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES ITS SUBJECT MATTER UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITYLIABILITY AND OTHERWISE, FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES, (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF A STATUTORY DUTY DATA OR IN ANY OTHER WAY SYSTEM SECURITY, OR (EVEN IF TREND MICRO HAS BEEN d) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. OTHER THAN AS SET FORTH HEREIN, IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF EITHER PARTY 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 AND OTHERWISE, EXCEED THE LICENSE FEES RECEIVED BY CIRCADIANCE OR PAID BY SUBSCRIBER FOR THE PRECEEDING ONE YEAR PERIOD. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION DOES NOT APPLY TO EITHER PARTY’S INDEMNIFICATION OBLIGATIONS HEREIN.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL MATERIALISE BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER MATERIALISE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL MATERIALISE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO MATERIALISE UNDER THIS AGREEMENT IN THE SIX (6) FOR:MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL LICENSOR BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, AGGRAVATED, OR PUNITIVE DAMAGES, (b) INCREASED COSTS, DIMINUTION IN VALUE, OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS, (c) LOSS OF GOODWILL OR REPUTATION, (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY, OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL LICENSOR'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED ONE (1) FOR:TIMES THE TOTAL AMOUNTS PAID AND AMOUNTS ACCRUED BUT NOT YET PAID TO LICENSOR UNDER THIS AGREEMENT IN ONE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $1,000, WHICHEVER IS LESS.‌

Limitations of Liability. NOTWITHSTANDING ANYTHING TO ANY PROVISION OF THIS CONTRACT OR THE CONTRARY IN THIS AGREEMENTLAW, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE IT IS EXPRESSLY AGREED THAT SELLER’S TOTAL LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS DAMAGES, COSTS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE EXPENSES ARISING OUT OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATESTHIS CONTRACT OR ITS PRODUCTS OR SERVICES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE WHETHER BASED IN CONTRACT, TORT WARRANTY, INDEMNITY, TORT/EXTRA-CONTRACTUAL LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITYLIABILITY OR OTHERWISE IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE PRODUCT OR SERVICES OR, AT SELLER’S OPTION, A RETURN OF AN AMOUNT THAT WILL NOT EXCEED THE PURCHASE PRICE. UNDER NO CIRCUMSTANCES W ILL SELLER, ITS OFFICERS, DIRECTORS, EMPLOYEES OR ASSIGNS BE LIABLE FOR BREACH OF A STATUTORY DUTY OR IN ANY OTHER WAY REMEDY, LOSS, COST, DAMAGE OR EXPENSE WHETHER DIRECT OR INDIRECT. IN NO EVENT WHATSOEVER WILL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, LIQUIDATED, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, INCOME, PROFIT, OR PRODUCTION; INCREASED COST OF OPERATION; SPOILAGE OR DAMAGE TO MATERIAL OR DATA; OR CHANGE OUT COSTS. BUYER WILL INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM ANY LOSS, COST, EXPENSE, D A M A G E , OR CAUSE OF ACTION TO OR BY A THIRD PARTY THAT EXCEEDS THESE LIMITATIONS OF LIABILITY. Terms of Payment. Terms of payment, unless agreed otherwise in writing, are thirty (EVEN IF TREND MICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES30) FOR:days net from date of invoice, without set-off for any payment from Seller not due under this Contract. 1% 10th and 25th Prox, 20th prox. Seller reserves the right to charge interest at the rate of 1.5% per month or the highest rate allowed by law, whichever is lower, for all amounts more than thirty (30) days past due. Costs of collection (including reasonable attorney's fees) will be the responsibility of the Buyer.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL 3x3 INSIGHTS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA OR BREACH OF A STATUTORY DUTY DATA, RETAILER’S COMPUTER SYSTEMS OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER 3x3 INSIGHTS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL 3x3 INSIGHTS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED FIVE THOUSAND DOLLARS ($5,000) FOR:PER LOCATION.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL FORCENOW BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER FORCENOW WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:THOSE LOSSES OR DAMAGES OR THOSE LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL FORCENOW'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THREE TIMES THE TOTAL AMOUNTS PAID TO FORCENOW UNDER THIS AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100,000, WHICHEVER IS LESS.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL GRID BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER GRID WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL GRID’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO GRID UNDER THIS AGREEMENT IN THE TWELVE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Limitations of Liability. NOTWITHSTANDING ANYTHING 9.1 TO THE CONTRARY MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, INDEMNIFICATION, STRICT LIABILITY IN THIS TORT OR WARRANTY OF ANY KIND) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, MULTIPLE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO COSTS OF COVER, LOST PROFITS, LOST DATA, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF PROFITS DUE TO PRODUCTS (INCLUDING INSTRUMENTS) DOWN TIME OR LOSS OF REVENUE) THAT THE OTHER PARTY MIGHT INCUR UNDER THE AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY THAT MAY ARISE FROM OR IN ANY OTHER WAY, EXCEED CONNECTION WITH THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY OR IN ANY OTHER WAY (PRODUCTS EVEN IF TREND MICRO HAS BEEN ADVISED SUCH PARTY HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL CUMULATIVE LIABILITY OF CODEX DNA IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ANY PRODUCTS SOLD AND/OR ANY SERVICES RENDERED HEREUNDER, THE LIABILITY OF CODEX DNA UNDER ITS INDEMNIFICATION OBLIGATIONS, OR A BREACH BY CODEX DNA HEREOF OR FAILURE TO PERFORM IN CONTRACT, TORT, WARRANTY, OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF FEES CUSTOMER ACTUALLY PAID TO CODEX DNA FOR THE SPECIFIC PRODUCT OR SERVICE THAT GAVE RISE TO THE APPLICABLE CLAIM(S). THE CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT CODEX DNA WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. DELIVERY DATES AND TIMES ARE ESTIMATES ONLY AND CODEX DNA WILL NOT BE LIABLE (IN CONTRACT, DELICT, TORT OR OTHERWISE) FOR:FOR ANY LOSSES, EXPENSES, CLAIMS OR DAMAGES CAUSED BY A LATE DELIVERY.

Limitations of Liability. NOTWITHSTANDING ANYTHING EXCEPT FOR A BREACH OF ANY PAYMENT OBLIGATIONS HEREUNDER, IN NO EVENT, WHETHER IN CONTRACT OR IN TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY), WILL EITHER PARTY BE LIABLE TO THE CONTRARY OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING IN ANY WAY OUT OF THE USE OF ACA EMPLOYER REPORTING, THE MEDCOM PRODUCTS OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOSS OF USE, LOSS OF DATA, COSTS OF RECREATING DATA, THE COST OF ANY SUBSTITUTE SERVICE, EQUIPMENT, PROGRAM, OR DATA, OR CLAIMS BY ANY THIRD PARTY. EXCEPT FOR A BREACH OF ANY PAYMENT OBLIGATIONS HEREUNDER, IN NO EVENT WILL A PARTY’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT OF ALL FEES PAID OR PAYABLE TO MEDCOM UNDER THIS AGREEMENT FOR THE SIX- MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THESE LIMITS. NOT WITHSTANDING THE FOREGOING, AND EXCEPT WHERE CLIENT HAS PROVIDED FLAWED OR INCORRECT DATA OR PROVIDED DATA PAST THE TIMELINE AS OUTLINED IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL IF THE CUMULATIVE LIABILITY OF TREND MICRO INTERNAL REVENUE SERVICE ASSESSES A PENALTY AGAINST CLIENT FOR ANY AND ALL CLAIMS FLAWED, UNTIMELY, OR DAMAGES (A) RELATED INCORRECT REPORTING THAT IS DUE TO THE INSTALLATION OF, USE PERFORMANCE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE MEDCOM’S SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO MEDCOM SHALL BE LIABLE FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE VALUE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED EXTENT ATTRIBUTABLE TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY OR IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN ADVISED OF THE POSSIBILITY MEDCOM’S PERFORMANCE OF SUCH DAMAGES) FOR:IRS PENALTIES.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL LICENSOR BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL LICENSOR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO LICENSOR UNDER THIS AGREEMENT IN THE SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NO EVENT WILL SMARTBEAR BE LIABLE UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES IN CONNECTION WITH THESE TERMS UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER SMARTBEAR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL SMARTBEAR'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO SMARTBEAR UNDER THESE TERMS IN THE TWELVE (12) FOR:MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENTEXCEPT FOR: (I) A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS; (II) A PARTY’S INDEMNITY OBLIGATIONS; OR (III) A PARTY’S GROSS NEGLIGENCE, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS FRAUD, OR DAMAGES WILLFUL MISCONDUCT (“Excluded Liabilities”), (A) RELATED TO THE INSTALLATION OF, USE OF IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER IN CONNECTION WITH THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (1) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (2) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (3) LOSS OF GOODWILL OR REPUTATION; (4) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (5) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE; AND (B) FOR:IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID AND/OR PAYABLE TO TYDO UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; PROVIDED THAT, NOTWITHSTANDING THE FOREGOING, TYDO’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY EXCLUDED LIABILITIES WILL NOT EXCEED THREE TIMES (3X) THE TOTAL AMOUNTS PAID AND/OR PAYABLE TO TYDO UNDER THIS AGREEMENT IN THE TWELVE‌ (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL PROVIDER BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO PROVIDER UNDER THIS AGREEMENT IN THE SIX (6) FOR:MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL HFC BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER HFC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL HFC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL TECHNOLOGY FEES PAID TO HFC’S FRANCHISOR AFFILIATE UNDER THE RESPECTIVE FRANCHISE AGREEMENT IN THE ONE YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $1,500, WHICHEVER IS LESS.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY GREATEST EXTENT ALLOWED BY LAW, IN NO EVENT WILL SUBMITTABLE BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS TOS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES ITS EXHIBITS UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR BREACH ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF A STATUTORY DUTY GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER SUBMITTABLE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL SUBMITTABLE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS TOS OR ANY OF ITS EXHIBITS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO SUBMITTABLE UNDER THIS TOS IN THE ONE YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $5,000.00, WHICHEVER IS LESS. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN THIS AGREEMENTNO EVENT WILL ROBINHOOD, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ITS AFFILIATES, OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR TO ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES THIRD PARTY UNDER ANY CAUSE OF ACTIONTORT, OR ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY FOR (a) ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGES OF ANY KIND IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER CONNECTION WITH THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATESAGREEMENT, THE MAXIMUM SHALL BE TWO THOUSAND ROBINHOOD CONNECT TOOLS, ROBINHOOD CONNECT, THE ROBINHOOD OFFERING, THE ROBINHOOD WIDGET, OR THE ROBINHOOD MARKS; OR (b) ANY DAMAGES, IN THE AGGREGATE, IN EXCESS OF ONE HUNDRED U.S. DOLLARS (USD $2,000.00100.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY OR IN ANY OTHER WAY (EVEN IF TREND MICRO ROBINHOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE OR ROBINHOOD WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:. ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE

Limitations of Liability. NOTWITHSTANDING ANYTHING EACH PARTY’S’S SOLE LIABILITY HEREUNDER SHALL BE LIMITED TO THE CONTRARY DIRECT AND OBJECTIVELY MEASURABLE DAMAGES. IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES EVENT SHALL THE CUMULATIVE LIABILITY OF TREND MICRO EITHER PARTY BE LIABLE TO ANYONE FOR ANY AND ALL CLAIMS INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (AINCLUDING LOSS OF DATA, REVENUE, PROFITS, USE, BUSINESS INTERUPTIONS OR OTHER ECONOMIC ADVANTAGE) RELATED TO THE INSTALLATION ARISING OUT OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYWAY CONNECTED WITH C3 RESERVATIONS, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE INCLUDING BUT NOT LIMITED TO THE CLAIM (EXCEPT THAT USE OR INABILITY TO USE C3 RESERVATIONS, OR FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING ANY CONTENT OBTAINED FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATESTHROUGH C3 RESERVATIONS, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOINGCONTENT, TREND MICRO SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY OR IN ANY OTHER WAY (EVEN IF TREND MICRO C3 HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR LIABILITIES ARISING FROM A CLAIM RELATED TO DEATH OR PERSONAL INJURIES OR PURSUANT TO SECTION 7 (MUTUAL INDEMNIFICATION) FOR:OR SECTION 2.3 (CUSTOMER USE OF C3 RESERVATIONS), IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE 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. NOTWITHSTANDING ANYTHING 11.1. TO THE CONTRARY MAXIMUM EXTENT PERMITTED BY LAW, SIGNIFY, ITS AFFILIATES AND ITS SUPPLIERS WILL NOT BE LIABLE TO CUSTOMER, CUSTOMER'S AFFILIATES, AND REPRESENTATIVES UNDER OR IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY CONNECTION WITH THESE TERMS OR ANY OTHER TERMS OF TREND MICRO SERVICE DOCUMENTS FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OFLOSS OF PRODUCTION, USE OF USE, BUSINESS, REVENUE, OR RELIANCE UPON A CERTIFICATE PROFIT OR DIMUNITION IN VALUE; (B) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SOFTWARE SERVICE(S); (C) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (D) HARDWARE, INCLUDING ANY LABOR COSTS ASSOCIATED WITH UNINSTALLING OR REINSTALLING HARDWARE; (F) CLAIMS BY THIRD PARTIES OR THE PUBLIC (EXCEPT FOR THE SERVICES PROVIDED SIGNIFY'S OBLIGATIONS UNDER THIS AGREEMENTSECTION 10), TO YOUOR (G) FOR ANY OTHER CONSEQUENTIAL, SUBSCRIBERS AND/SPECIAL, INCIDENTAL, OR RELYING PARTIES UNDER INDIRECT DAMAGES, ATTORNEYS FEES, COURT COSTS, OR ENHANCED, EXEMPLARY OR PUNITIVE DAMAGES. REGARDLESS OF WHETHER BASED UPON A CLAIM OR ACTION OF TORT, CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY, OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY OR IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL VAI BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, SERVICES, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER VAI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL VAI'S AGGREGATE LIABILITY UNDER, ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED IN THE AGGREGATE THE SUM OF ONE HUNDRED US DOLLARS ($100.00).

Limitations of Liability. NOTWITHSTANDING ANYTHING 10.1. SUBJECT TO THE CONTRARY SECTION 10.3 BELOW, IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO EVENT WILL EITHER PARTY BE LIABLE HEREUNDER FOR ANY AND ALL CLAIMS INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR ANTICIPATED ORDERS, OR DAMAGES (A) RELATED TO THE INSTALLATION OFFOR LOSS OF GOODWILL, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY OR IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN ADVISED A PARTY WAS INFORMED OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR LOSS. 10.2. SUBJECT TO SECTION 10.3 BELOW,THE AGGREGATE LIABILITY OF EITHER PARTY FOR ALL CLAIMS RELATING TO THE SERVICES OR CONNECTED WITH THIS AGREEMENT, REGARDLESS OF THE DAMAGES THEORY, WILL NOT EXCEED THE FEES PAID OR OWING TO HUB UNDER THE APPLICABLE ORDER IN THE TWELVE (12) FOR:MONTHS PRECEDING THE DATE THE CLAIM AROSE. HUB WILL NOT BE LIABLE FOR ANY DAMAGES INCURRED BY YOU TO THE EXTENT ARISING FROM ANY UNAUTHORIZED ACCESS RESULTING FROM YOUR ACTIONS OR ANY THIRD PARTY OTHER THAN HUB’S REPRESENTATIVES. 10.3. SECTIONS 10.1 AND 10.2 OF THESE TERMS NOTWITHSTANDING, IN THE EVENT OF INDEMNIFICATION CLAIMS ARISING FROM SECTION 9.1(c) OF THESE TERMS, THE AGGREGATE TOTAL LIABILITY RELATING TO SUCH CLAIMS OR CONNECTED WITH AND/OR ARISING PURSUANT TO SUCH CLAIMS, REGARDLESS OF THE DAMAGES THEORY, WILL NOT EXCEED ONE HUNDRED THOUSAND U.S. DOLLARS (US$100,000).

Limitations of Liability. NOTWITHSTANDING ANYTHING TO IN NO EVENT, REGARDLESS OF THE CONTRARY IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL FORM OF THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS CLAIM OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTIONACTION (WHETHER BASED IN CONTRACT, OR ANY CONTRACTINFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT (INCLUDING NEGLIGENCEOR OTHERWISE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN SHALL SELLER’S LIABILITY TO BUYER FOR ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES CLAIM ARISING UNDER THIS AGREEMENT EXCEED THE PRICE PAID BY YOU AND/OR SUBSCRIBER OVER BUYER FOR THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS SPECIFIC PRODUCTS PROVIDED BY SELLER GIVING RISE TO THE CLAIM (EXCEPT OR CAUSE OF ACTION. BUYER AGREES THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM IN NO EVENT SHALL SELLER’S LIABILITY TO BUYER AND/OR RELATED ITS CUSTOMERS EXTEND TO EXTENDED VALIDATION (EV) CERTIFICATESINCLUDE INCIDENTAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL, CONTINGENT OR PUNITIVE DAMAGES. WITHOUT LIMITING THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING GENERALITY OF THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE SELLER SPECIFICALLY DISCLAIMS ANY LIABILITY FOR PROPERTY OR PERSONAL INJURY DAMAGES, DAMAGES CAUSED BY DELAY IN CONTRACTPERFORMANCE, TORT (INCLUDING NEGLIGENCE)PENALTIES, STRICT LIABILITYSPECIAL OR PUNITIVE DAMAGES, DAMAGES FOR BREACH LOST PROFITS OR REVENUES, LOSS OF A STATUTORY DUTY USE OF PRODUCTS OR IN ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCTS, FACILITIES OR SERVICES, DOWNTIME, SHUT-DOWN OR SLOW- DOWN COSTS, OR FOR ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN ADVISED TYPES OF THE POSSIBILITY ECONOMIC LOSS, AND FOR CLAIMS OF BUYER’S CUSTOMERS OR ANY THIRD PARTY FOR ANY SUCH DAMAGES) FOR:.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL LLAMAINDEX BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER LLAMAINDEX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL LLAMAINDEX’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).‌

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL TOTOGI BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER TOTOGI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL XXXXXX’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO TOTOGI UNDER THIS AGREEMENT IN THE ONE (1) FOR:YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO IN NO EVENT WILL THE CONTRARY PROVIDER BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, AGGRAVATED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE, OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER THE PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL THE PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE LESSER OF (i) FOR:THE TOTAL AMOUNTS PAID TO THE PROVIDER UNDER THIS AGREEMENT IN THE ONE YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (ii) $10,000.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO IN NO EVENT WILL PROVIDER BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE CONTRARY IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES PO UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY PO UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THREE TIMES THE TOTAL AMOUNTS PAID AND AMOUNTS ACCRUED BUT NOT YET PAID TO PROVIDER UNDER THIS AGREEMENT AND ANY PO IN THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100,000, WHICHEVER IS LESS.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO EXCEPT IN CONNECTION WITH THE CONTRARY INDEMNIFICATION OBLIGATIONS UNDER SECTION 7, IN THIS AGREEMENT, NO EVENT WILL EITHER PARTY BE LIABLE UNDER NO CIRCUMSTANCES SHALL THESE TERMS OR IN CONNECTION WITH THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES PLATFORM UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER UWW WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS UNDER SECTION 7, IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY TO THE OTHER ARISING OUT OF OR RELATED TO THE PLATFORM, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL FEES PAID BY PROVIDER TO UWW FOR USE OF THE PLATFORM IN THE TWELVE MONTH PERIOD PRECEDING THE CLAIM.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENTSECTION 18: (a) IN NO EVENT SHALL EITHER PARTY, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO ITS AFFILIATES OR THEIR EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY AND ALL CLAIMS INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES (A) RELATED TO THE INSTALLATION OFFOR BUSINESS INTERRUPTION, USE LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER RELATING TO THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT ; AND (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR b) IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES NO EVENT SHALL EITHER PARTY’S CUMULATIVE AND AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE FEES PAID TO Botprise BY YOU AND/OR SUBSCRIBER OVER CUSTOMER UNDER THE APPLICABLE ORDER(S), INCLUDING PRIOR ORDERS FOR THE SAME SERVICES, IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM LIABILITY. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATESCOLLECTIVELY, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00“EXCLUSIONS”) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING APPLY WHETHER THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING TORT, NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY LIABILITY OR IN ANY OTHER WAY (BASIS, EVEN IF TREND MICRO THE NON-BREACHING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:DAMAGE. THE EXCLUSIONS SHALL NOT APPLY TO A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 17, CUSTOMER’S BREACH OF SECTION 8.2, OR CUSTOMER’S PAYMENT OBLIGATIONS TO Botprise UNDER THIS AGREEMENT. THE PROVISIONS OF THIS SECTION 18 ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE EXCLUSIONS IN DETERMINING TO ENTER INTO THIS AGREEMENT AND THE PRICING FOR THE SERVICES.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NO CIRCUMSTANCE AND UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LEGAL THEORY (INCLUDING WITHOUT LIMITATION TORT, CONTRACT, AND OTHERWISE), WILL ATLANTIC BROADBAND OR ITS AFFILIATES AND UNDERLYING SERVICE PROVIDERS HAVE ANY LIABILITY TO CUSTOMER OR TO ANY PERSON OR ENTITY FOR: (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF TREND MICRO FOR ANY PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES AND ALL CLAIMS PERSONAL INJURIES (INCLUDING DEATH), RESULTING DIRECTLY OR DAMAGES (A) RELATED TO THE INSTALLATION INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, THE ORDERING, PROVISIONING, INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF THE SERVICE OR REQUIRED EQUIPMENT OR CUSTOMER’S RELIANCE UPON A CERTIFICATE ON OR (B) FOR USE OF THE SERVICES PROVIDED UNDER THIS AGREEMENTREQUIRED EQUIPMENT OR THE SERVICE, TO YOUINCLUDING E911 DIALING, SUBSCRIBERS AND/INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, TELEPHONE OR RELYING PARTIES UNDER ANY CAUSE OTHER HARDWARE OR SOFTWARE FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF ACTIONFILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN TRANSMISSION, OR ANY CONTRACTFAILURE OF PERFORMANCE OF THE REQUIRED EQUIPMENT OR THE SERVICE, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), REGARDLESS OF WHETHER OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY OR IN ANY OTHER WAY (EVEN IF TREND MICRO ATLANTIC BROADBAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR, (II) FOR:ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES OR COSTS (INCLUDING LEGAL FEES) RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE REQUIRED EQUIPMENT OR THE SERVICE BY CUSTOMER OR ANY OTHER PERSON OR ENTITY INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY. IN ADDITION TO, AND WITHOUT LIMITING ANY OTHER LIMITATION OF LIABILITY CONTAINED HEREIN, THE COMPANY WILL HAVE NO LIABILITY WHATSOEVER AS THE RESULT OF THE LOSS OF ANY CUSTOMER FILES, MESSAGES, NAMES OR ADDRESSES OR OTHER DATA OF ANY NATURE RESULTING FROM THE DELETION OF SUCH DATA UPON TERMINATION OF THIS AGREEMENT.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL EVENT WILL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES ARPEGGI ENTITIES BE LIABLE (A) RELATED TO THE INSTALLATION OFFOR ANY INDIRECT, USE SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR RELIANCE UPON A CERTIFICATE SERVICES, LOSS OF USE, DATA, OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENTPROFITS, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTIONBUSINESS INTERRUPTION, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE AI MODEL), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE LICENSE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE AI MODEL OR THESE LICENSE TERMS AND WHETHER IN CONTRACT, STRICT PRODUCT LIABILITY, OR TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE)) OR OTHERWISE, OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY OR IN ANY OTHER WAY (EVEN IF TREND MICRO HAS THE ARPEGGI 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 LICENSE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE AI MODEL. THE MAXIMUM AGGREGATE LIABILITY OF THE ARPEGGI ENTITIES FOR ALL DAMAGES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (I) $1,000 OR (II) THE TOTAL AMOUNT YOU PAID FOR SUBSCRIPTIONS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES) FOR:, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

Limitations of Liability. NOTWITHSTANDING ANYTHING 9.1 TO THE CONTRARY IN THIS AGREEMENTMAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY ECI OR ANY OF TREND MICRO FOR ANY AND ALL CLAIMS ITS AFFILIATES, SERVICE PROVIDERS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF SUPPLIERS BE LIABLE UNDER OR RELIANCE UPON A CERTIFICATE IN CONNECTION WITH THIS AGREEMENT OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES ITS SUBJECT MATTER UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES; (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF A STATUTORY DUTY DATA OR IN ANY OTHER WAY SYSTEM SECURITY; (EVEN IF TREND MICRO HAS BEEN d) COST OF REPLACEMENT GOODS OR SERVICES; (e) LOSS OF GOODWILL OR REPUTATION; OR (f) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL LICENSOR BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL LICENSOR'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO LICENSOR UNDER THIS AGREEMENT IN THE TWELVE (12) FOR:MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY EXTENT PERMITTED BY APPLICABLE LAW, LIFERAY AND ITS AFFILIATES, LICENSORS AND CERTIFICATION EXAM PROVIDERS WILL IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO EVENT BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PURE ECONOMIC LOSS, COSTS, DAMAGES, EXPENSES OR EXEMPLARY DAMAGES INCLUDING WITHOUT LIMITATION ANY LOST PROFITS; LOSS OF BUSINESS; LOSS OF ANTICIPATED SAVINGS; DEPLETION OF GOODWILL AND ALL CLAIMS SIMILAR LOSSES; INVESTMENTS, EXPENDITURES OR DAMAGES (A) COMMITMENTS RELATED TO THE INSTALLATION OFPROGRAM, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY OR IN ANY OTHER WAY (EVEN IF TREND MICRO HAS THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER LIFERAY NOR ANY OF ITS AFFILIATES, LICENSORS OR CERTIFICATION EXAM PROVIDERS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT OR DAMAGES ARISING IN CONNECTION WITH: YOUR FAILURE TO ACHIEVE A LIFERAY CERTIFICATION OR OTHER INABILITY TO PARTICIPATE IN THE PROGRAM, INCLUDING AS A RESULT OF ANY (A) FOR:TERMINATION OR SUSPENSION OF THIS AGREEMENT, OR (B) OUR DISCONTINUATION OF A CERTIFICATION, ANY OTHER PART OR ALL OF THE PROGRAM; OR (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE PROGRAM.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL ISSUETRAK BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER ISSUETRAK WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL ISSUETRAK'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE AMOUNT OF FEES PAID BY YOU TO ISSUETRAK DURING THE TWELVE (12) FOR:MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL PROVIDER BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED ONE YEAR’S WORTH OF FEES PAYABLE TO PROVIDER AS SET FORTH IN THE ORDER FORM FOR THE TIME PERIOD COVERING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL PROVIDER BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID AND AMOUNTS ACCRUED BUT NOT YET PAID TO PROVIDER UNDER THIS AGREEMENT IN THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL PROVIDER BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO PROVIDER BY CUSTOMER UNDER THIS AGREEMENT IN THE TWELVE (12) FOR:MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Limitations of Liability. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY OR OTHERWISE, IN THIS AGREEMENT, NO EVENT WILL NUCLEUS BIOLOGICS BE LIABLE UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES IN CONNECTION WITH THESE TERMS UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER NUCLEUS BIOLOGICS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY OR OTHERWISE, EXCEPT FOR NUCLEUS BIOLOGICS’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL NUCLEUS BIOLOGICS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO NUCLEUS BIOLOGICS UNDER THESE TERMS IN THE THREE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NO EVENT WILL PROVIDER BE LIABLE UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OR IN CONNECTION WITH THESE TERMS OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO PROVIDER UNDER THESE TERMS OF USE IN THE TWELVE (12) FOR:MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.‌

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL WE BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO US UNDER THIS AGREEMENT IN THE 12- MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $1,000, WHICHEVER IS GREATER.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL XXXX BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER BAIN WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT XXXX XXXX’X AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO BAIN UNDER THIS AGREEMENT IN THE ONE-YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT LIMITS ANY LIABILITY WHICH CANNOT LEGALLY BE LIMITED.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO ANY DAMAGES THAT CUSTOMER MIGHT INCUR FOR ANY AND ALL CLAIMS REASON WHATSOEVER, IN NO EVENT WILL FMX BE LIABLE UNDER OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF IN CONNECTION WITH THIS AGREEMENT OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES OTHERWISE UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER FMX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL FMX’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE LESSER OF THE ACTUAL, DIRECT DAMAGES INCURRED OR THE AMOUNT ACTUALLY PAID OR PAYABLE BY CUSTOMER UNDER THIS AGREEMENT DURING THE SIX

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL LICENSOR BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL LICENSOR'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE LESSER OF (I) FOR:THE AMOUNT PAID BY LICENSEE TO LICENSOR DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO ANY CLAIM OR (II) TWENTY THOUSAND USDN ($ 20.000), AS THE CASE MAY BE.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL OMNIBYTE BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES XXXX UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER OMNIBYTE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL OMNIBYTE'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS XXXX UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO OMNIBYTE UNDER THIS XXXX IN THE TWELVE (12) FOR:MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL ADWALLET BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER XXXXXXXX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL ADWALLET’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED TWO TIMES THE TOTAL AMOUNTS PAID AND AMOUNTS ACCRUED BUT NOT YET PAID TO ADWALLET UNDER THIS AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $1,000.00, WHICHEVER IS LESS.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL PROVIDER BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO PROVIDER UNDER THIS AGREEMENT IN THE TWELVE (12) FOR:MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL BANDURA BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, EQUIPMENTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER BANDURA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL BANDURA’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO BANDURA UNDER THIS AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL LICENSOR BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, (b) INCREASED COSTS, DIMINUTION IN VALUE, OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS, (c) LOSS OF GOODWILL OR REPUTATION, (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY, OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL LICENSOR'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, WILL NOT EXCEED THE AMOUNT PAYABLE IN THE PRIOR 12 MONTHS FOR THE SERVICE THAT IS THE SUBJECT OF THE CLAIM FOR DAMAGES) FOR:.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENTSECTION 15, UNDER IN NO CIRCUMSTANCES SHALL THE CUMULATIVE EVENT SHALL: (a) DATADOG, ITS AFFILIATES OR THEIR EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS OR DIRECTORS HAVE ANY LIABILITY OF TREND MICRO TO CUSTOMER OR ANY AUTHORIZED USER FOR ANY AND ALL CLAIMS LOSSES ARISING OUT OF OR DAMAGES (A) RELATED RELATING TO THE INSTALLATION OFGCP MARKETPLACE OR CUSTOMER’S AGREEMENT(S) WITH Google OR, USE IF APPLICABLE, RESELLER; (b) EITHER PARTY, ITS AFFILIATES OR THEIR EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELIANCE UPON A CERTIFICATE OR RELATING TO THIS XXXX; AND (Bc) EITHER PARTY’S CUMULATIVE AND AGGREGATE LIABILITY UNDER THIS XXXX EXCEED THE AMOUNTS PAID TO DATADOG BY Google UNDER THE APPLICABLE MARKETPLACE ORDER(S), INCLUDING PRIOR MARKETPLACE ORDERS FOR THE SERVICES PROVIDED UNDER THIS AGREEMENTSAME SERVICES, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM LIABILITY. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATESCOLLECTIVELY, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00“EXCLUSIONS”) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING APPLY WHETHER THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING TORT, NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY LIABILITY OR IN ANY OTHER WAY (BASIS, EVEN IF TREND MICRO THE NON-BREACHING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:DAMAGE. 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 THIS XXXX BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE EXCLUSIONS IN DETERMINING TO ENTER INTO THIS XXXX.

Limitations of Liability. NOTWITHSTANDING ANYTHING Limitation of Direct Damages: EXCEPT FOR A BREACH OF SECTION 2 (LICENSE), SECTION 5 ( LICENSE RESTRICTIONS), OR SECTION 8 (CONFIDENTIALITY), AND EXCEPT FOR INDEMNITY OBLIGATIONS UNDER SECTION 12 (“INDEMNIFICATION”) (COLLECTIVELY, THE “EXCLUDED CLAIMS”), IN NO EVENT WILL EITHER PARTY (OR PURPLECUBE AFFILIATES), BE LIABLE TO THE CONTRARY OTHER PARTY (OR ANY THIRD PARTY CLAIMING THROUGH THE OTHER PARTY), IN THE AGGREGATE, FOR DAMAGES, IF ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL MORE THAN THE CUMULATIVE LIABILITY TOTAL AMOUNT OF TREND MICRO FOR ANY AND ALL CLAIMS FEES PAID OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) PAYABLE BY YOU FOR THE SOFTWARE AND PROFESSIONAL SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT IN THE TWELVE (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, WHETHER SUCH CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITYPRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT FORESEEABLE. Exclusion: EXCEPT FOR BREACH THE EXCLUDED CLAIMS, IN NO EVENT WILL EITHER PARTY (OR PURPLECUBE’S LICENSORS AND SUPPLIERS) BE LIABLE TO THE OTHER PARTY (OR ANY THIRD PARTY CLAIMING THROUGH THE OTHER PARTY) FOR ANY LOST OR INACCURATE DATA, LOST PROFITS, LOST OR INTERRUPTED USE, OR SIMILAR ECONOMIC LOSSES, OR THE COST OF A STATUTORY DUTY PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES ARISING OUT OF OR IN ANY OTHER WAY RELATED TO THIS AGREEMENT, WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (EVEN IF TREND MICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT FORESEEABLE. Indemnification

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL LICENSOR BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL LICENSOR'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED $1.00 (THE "LIABILITY CAP"). SEEKING AND RECEIVING THE AM AMOUNT EQUAL TO THE LIABILITY CAP SHALL BE THE SOLE REMEDY OF LICENSEE FOR ALL DAMAGES AND CLAIMS, INCLUDING BUT NOT LIMITED TO THIRD PARTY CLAIMS, ARISING FROM, RELATED TO OR ASSOCIATED WITH THIS AGREEMENT, THE SOFTWARE OR THE USE OF THE SOFTWARE BY LICENSE.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL LYNX, ITS AFFILIATES OR ITS LICENSORS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL LYNX’S, ITS AFFILIATES’ OR ITS LICENSOR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO LICENSOR DURING THE SIX (6) FOR:MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIM.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENTSECTION 15, UNDER IN NO CIRCUMSTANCES SHALL THE CUMULATIVE EVENT SHALL: (a) DATADOG, ITS AFFILIATES OR THEIR EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS OR DIRECTORS HAVE ANY LIABILITY OF TREND MICRO TO CUSTOMER OR ANY AUTHORIZED USER FOR ANY AND ALL CLAIMS LOSSES ARISING OUT OF OR DAMAGES (A) RELATED RELATING TO THE INSTALLATION OFRED HAT MARKETPLACE OR CUSTOMER’S AGREEMENT(S) WITH IBM; (b) EITHER PARTY, USE ITS AFFILIATES OR THEIR EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELIANCE UPON A CERTIFICATE OR RELATING TO THIS XXXX; AND (Bc) EITHER PARTY’S CUMULATIVE AND AGGREGATE LIABILITY UNDER THIS XXXX EXCEED THE AMOUNTS PAID TO DATADOG BY IBM UNDER THE APPLICABLE MARKETPLACE ORDER(S), INCLUDING PRIOR MARKETPLACE ORDERS FOR THE SERVICES PROVIDED UNDER THIS AGREEMENTSAME SERVICES, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM LIABILITY. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATESCOLLECTIVELY, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00“EXCLUSIONS”) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING APPLY WHETHER THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING TORT, NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY LIABILITY OR IN ANY OTHER WAY (BASIS, EVEN IF TREND MICRO THE NON- BREACHING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:DAMAGE. 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 THIS XXXX BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE EXCLUSIONS IN DETERMINING TO ENTER INTO THIS XXXX.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL FLEXBASE BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS;(c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER FLEXBASE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES ORSUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL FLEXBASE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO FLEXBASE UNDER THIS AGREEMENT IN THE 6-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $10,000, WHICHEVER IS LESS.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENTNO EVENT WILL SUB-MERCHANT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OFWORKWAVE, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENTACQUIRER, TO YOUBANK, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, ECHECK PROCESSOR OR ANY OF WORKWAVE’S OTHER THIRD PARTY SUPPLIERS (OR THE RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS OF ANY OF THE FOREGOING) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO ANY SERVICES OR THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. IN NO EVENT WILL THE MAXIMUM LIABILITY OF WORKWAVE, ACQUIRER, BANK, ECHECK PROCESSOR OR ANY OF WORKWAVE’S OTHER WAYTHIRD PARTY SUPPLIERS (OR THE RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS OF ANY OF THE FOREGOING) EXCEED THE AMOUNT PAID DUE TO TREND MICRO FOR THE SERVICES WORKWAVE UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER FOR THE 12 MONTHS ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY. Notwithstanding the foregoing, nothing contained in this section is in any way intended, or should be construed, to limit: (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION i) Sub-Merchant’s obligation to pay any Fees or other amounts owed under this Agreement, including, but not limited to, assessments or other amounts imposed by any Association, Acquirer, Bank, eCheck Processor or telecommunications services provider; (EVii) CERTIFICATESany damages related to the failure of Sub-Merchant to exclusively receive the Services from WorkWave; or (iii) Sub- Merchant’s obligation to indemnify WorkWave pursuant to this Agreement. In no event will WorkWave be liable for any damages or losses that are wholly or partially caused by Sub-Merchant or its TPSPs, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOINGor its or their respective employees, TREND MICRO SHALL NOT BE LIABLE IN CONTRACTagents, TORT (INCLUDING NEGLIGENCE)affiliates or customers, STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY OR IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:nor will WorkWave be liable to Sub-Merchant or Sub-Merchant’s customers or any other person or entity for any loss or liability resulting from the products or services of any third party.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO ANY PROVISION OF THIS CONTRACT OR THE CONTRARY IN THIS AGREEMENTLAW, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE IT IS EXPRESSLY AGREED THAT SELLER’S TOTAL LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS DAMAGES, COSTS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE EXPENSES ARISING OUT OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATESTHIS CONTRACT OR ITS PRODUCTS, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE WHETHER BASED IN CONTRACT, TORT WARRANTY, INDEMNITY, TORT/EXTRA-CONTRACTUAL LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITYLIABILITY OR OTHERWISE IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE PRODUCT, AS APPLICABLE, OR, AT SELLER’S OPTION, A RETURN OF AN AMOUNT THAT WILL NOT EXCEED THE PURCHASE PRICE. UNDER NO CIRCUMSTANCES WILL SELLER, ITS OFFICERS, DIRECTORS, EMPLOYEES OR ASSIGNS BE LIABLE FOR BREACH OF A STATUTORY DUTY OR IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN ADVISED REMEDY, LOSS, COST, DAMAGE OR EXPENSE WHETHER DIRECT OR INDIRECT. IN NO EVENT WHATSOEVER WILL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, LIQUIDATED, EXEMPLARY OR PUNITIVE D A M A G E S , INCLUDING BUT NOT LIMITED TO, LOSS OF THE POSSIBILITY USE, INCOME, PROFIT, OR PRODUCTION; INCREASED COST OF SUCH DAMAGES) FOR:OPERATION; SPOILAGE OR DAMAGE TO MATERIAL OR DATA; OR CHANGE OUT COSTS. BUYER WILL INDEMNIFY, DEFEND AND HOLD SELLER H A R M L E S S FROM ANY LOSS, COST, EXPENSE, D A M A G E , OR CAUSE OF ACTION TO OR BY A THIRD PARTY THAT EXCEEDS THESE LIMITATIONS OF LIABILITY.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL LICENSOR BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL LICENSOR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO LICENSOR DURING THE SIX (6) FOR:MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIM.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO ANY PROVISION OF THIS CONTRACT OR THE CONTRARY IN THIS AGREEMENTLAW, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE IT IS EXPRESSLY AGREED THAT SELLER’S TOTAL LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS DAMAGES, COSTS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE EXPENSES ARISING OUT OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATESTHIS CONTRACT OR ITS PRODUCTS OR SERVICES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE WHETHER BASED IN CONTRACT, TORT WARRANTY, INDEMNITY, TORT/EXTRA-CONTRACTUAL LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITYLIABILITY OR OTHERWISE IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE PRODUCT OR SERVICES OR, AT SELLER’S OPTION, A RETURN OF AN AMOUNT THAT SHALL NOT EXCEED THE PURCHASE PRICE. UNDER NO CIRCUMSTANCES WILL SELLER, ITS OFFICERS, DIRECTORS, EMPLOYEES OR ASSIGNS BE LIABLE FOR BREACH OF A STATUTORY DUTY OR IN ANY OTHER WAY REMEDY, LOSS, COST, DAMAGE OR EXPENSE WHETHER DIRECT OR INDIRECT. IN NO EVENT WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, LIQUIDATED, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, INCOME, PROFIT, OR PRODUCTION; INCREASED COST OF OPERATION; SPOILAGE OR DAMAGE TO MATERIAL; OR CHANGE OUT COSTS. BUYER SHALL INDEMNIFY, DEFEND AND HOLD SELLER H A R M L E S S FROM ANY LOSS, COST, EXPENSE, D A M A G E , OR CAUSE OF ACTION TO OR BY A THIRD PARTY THAT EXCEEDS THESE LIMITATIONS OF LIABILITY. Terms of Payment. Terms of payment, unless agreed otherwise in writing, are thirty (EVEN IF TREND MICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES30) FOR:days net from date of invoice, without set-off for any payment from Seller not due under this Contract. Seller reserves the right to charge interest at the rate of 1.5% per month or the highest rate allowed by law, whichever is lower, for all amounts more than thirty

Limitations of Liability. NOTWITHSTANDING ANYTHING EXCEPT FOR THIRD PARTY CLAIMS SUBJECT TO INDEMNITY PURSUANT TO SECTION 10 ABOVE, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE CONTRARY OTHER UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR SPECULATIVE DAMAGES SUCH AS LOST FUTURE BUSINESS, LOST PRODUCTION, LOST REVENUES, OR LOST PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL LICENSOR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED 10X THE TOTAL AMOUNTS PAID TO LICENSOR UNDER THIS AGREEMENT IN THE ONE YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT14.1. EXCLUSION OF DAMAGES. LICENSOR AND ITS LICENSORS, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY SERVICE LICENSORS AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SUPPLIERS SHALL NOT BE LIABLE 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, FOR BREACH OF A STATUTORY DUTY WARRANTY, MISREPRESENTATIONS OR OTHERWISE, FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR DIMINUTION IN ANY OTHER WAY VALUE; (EVEN IF TREND MICRO HAS BEEN b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES, (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY, OR (d) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. BOTH PARTIES UNDERSTAND AND AGREE THAT THE REMEDIES AND LIMITATIONS HEREIN ALLOCATE THE RISKS OF PRODUCT AND SERVICE NONCONFORMITY BETWEEN THE PARTIES AS AUTHORIZED BY LAW. THE FEES HEREIN REFLECT, AND ARE SET IN RELIANCE UPON, THIS ALLOCATION OF RISK AND THE EXCLUSION OF CONSEQUENTIAL DAMAGES SET FORTH IN THIS AGREEMENT.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT WILL LICENSOR BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAYTHEORY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, (b) INCREASED COSTS, DIMINUTION IN VALUE, OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS, (c) LOSS OF GOODWILL OR REPUTATION, (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA OR BREACH OF A STATUTORY DUTY DATA OR SYSTEM SECURITY, OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN ANY OTHER WAY (EVEN IF TREND MICRO HAS BEEN EACH CASE REGARDLESS OF WHETHER LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL LICENSOR'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, EXCEED TIMES THE TOTAL AMOUNTS PAID TO LICENSOR UNDER THIS AGREEMENT.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENTSECTION 13: (a) IN NO EVENT SHALL EITHER PARTY, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO ITS AFFILIATES OR THEIR EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY AND ALL CLAIMS INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES (A) RELATED TO THE INSTALLATION OFFOR BUSINESS INTERRUPTION, USE LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER RELATING TO THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT ; AND (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR b) IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES NO EVENT SHALL LOGLENS’S CUMULATIVE AND AGGREGATE LIABILITY UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER EXCEED TWO HUNDRED U.S. DOLLARS. THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM EXCLUSIONS AND LIMITATIONS IN THIS SECTION (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATESCOLLECTIVELY, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00“EXCLUSIONS”) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITHSTANDING APPLY WHETHER THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING TORT, NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY LIABILITY OR IN ANY OTHER WAY (BASIS, EVEN IF TREND MICRO THE NON-BREACHING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:DAMAGE. THE EXCLUSIONS SHALL NOT APPLY TO CUSTOMER’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 12 OR BREACH OF SECTION 6.2. THE PROVISIONS OF THIS SECTION 13 ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE EXCLUSIONS IN DETERMINING TO ENTER INTO THIS AGREEMENT.