Common use of Limitations of Liability Clause in Contracts

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONTO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIALINDIRECT, INCIDENTAL, INDIRECTCONSEQUENTIAL, EXEMPLARYPUNITIVE, SPECIAL, ENHANCEDOR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, REVENUE, AND/OR PUNITIVE DAMAGES, PROFITS) ARISING OUT OF OR THAT RELATE IN ANY WAY TO THIS AGREEMENT OR ITS PERFORMANCE. THIS EXCLUSION WILL APPLY REGARDLESS OF THE LEGAL THEORY UPON WHICH ANY CLAIM FOR SUCH DAMAGES IS BASED, WHETHER EITHER PARTY WAS THE PARTIES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR DAMAGES, WHETHER SUCH LOSSES OR DAMAGES WERE OTHERWISE REASONABLY FORESEEABLE, OR WHETHER APPLICATION OF THE EXCLUSION CAUSES ANY REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT EXCLUSION WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT EITHER PARTY’S LIABILITY FOR BREACH OF ITS CONFIDENTIALITY OBLIGATIONS, COMPANY’S DEFENSE AND INDEMNIFICATION OBLIGATIONS, VIOLATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, OR ANY DIRECT OR INDIRECT LOSS OF PROFITS, DATA, BUSINESS, OR ANTICIPATED SAVINGS DUE TO SECTION 8FRAUD OR GROSS NEGLIGENCE.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL EITHER PARTY SHALL AUDIOCODES OR ITS SUPPLIERS BE LIABLE UNDER TO THE CUSTOMER OR IN CONNECTION WITH THE AGREEMENT ITS END CUSTOMERS UNDER ANY LEGAL OR EQUITABLE THEORYTHEORY (INCLUDING, INCLUDING BREACH OF WITHOUT LIMITATION, CONTRACT, TORT (INCLUDING NEGLIGENCE)TORT, STRICT LIABILITY, AND LIABILITY OR OTHERWISE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MANAGED SERVICES OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, FOR ANY CONSEQUENTIAL, (I) INCIDENTAL, INDIRECTSPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, EXEMPLARYWITHOUT LIMITATION, SPECIALDAMAGES FOR LOSS OF PROFITS OR REVENUE, ENHANCEDBUSINESS INTERRUPTION, LOSS OF INFORMATION, OR OTHER PUNITIVE DAMAGESLOSS), REGARDLESS (II) MATTER BEYOND ITS REASONABLE CONTROL, (III) COST OF WHETHER EITHER PARTY WAS ADVISED PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES OR RIGHTS OR (IV) DIRECT DAMAGES EXCEEDING ONE (1) YEAR'S SUBSCRIPTION FEES PAYABLE UNDER THE SPECIFIC SOW AT ISSUE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF CUSTOMER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLEDAMAGES. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONFOR AVOIDANCE OF ANY DOUBT, IN AUDIOCODES SHALL BE LIABLE ONLY TO CUSTOMER AND SHALL BEAR NO EVENT WILL LIABILITY TO ANY OF THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8END CUSTOMERS.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN CATALENT’S TOTAL LIABILITY UNDER THIS SECTION, QUOTATION SHALL IN NO EVENT WILL EITHER EXCEED THE TOTAL FEES PAID UNDER THIS QUOTATION OR QAR, RESPECTIVELY (BUT EXCLUDING FEES AND COSTS FOR PROCURING COMPARATOR DRUG). CATALENT SHALL HAVE NO LIABILITY UNDER THIS QUOTATION OR QAR FOR ANY AND ALL CLAIMS FOR LOST, DAMAGED OR DESTROYED API OR CLIENT-SUPPLIED MATERIALS, WHETHER OR NOT INCORPORATED INTO FINISHED PRODUCT. NEITHER PARTY SHALL BE LIABLE UNDER OR IN CONNECTION WITH TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, OTHER FOR ANY CONSEQUENTIALINDIRECT, INCIDENTAL, INDIRECTSPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF PERFORMANCE UNDER THIS QUOTATION OR QAR, EXEMPLARYINCLUDING WITHOUT LIMITATION LOSS OF REVENUES, SPECIALPROFITS OR DATA, ENHANCEDWHETHER IN CONTRACT OR IN TORT, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER EVEN IF SUCH PARTY WAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLEDAMAGES. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED NOTHING IN THIS SECTION, IN NO EVENT WILL QUOTATION SHALL LIMIT THE AGGREGATE LIABILITY OF DEBTBOOK CATALENT FOR DEATH OR PERSONAL INJURY ARISING OUT FROM THE NEGLIGENCE OF CATALENT, THE LIABILITY OF CATALENT FOR FRAUDULENT MISREPRESENTATION OR RELATED ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL FOR CATALENT TO THE AGREEMENT UNDER ANY LEGAL EXCLUDE OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT ATTEMPT TO EXCLUDE LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8.

Limitations of Liability. EXCEPT AS OTHERWISE EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONAGREEMENT, IN NO EVENT WILL EITHER NEITHER PARTY SHALL BE LIABLE UNDER OR IN CONNECTION WITH TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, OTHER FOR ANY CONSEQUENTIAL, INCIDENTALSPECIAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, INCIDENTAL OR PUNITIVE CONSEQUENTIAL DAMAGES, REGARDLESS INCLUDING WITHOUT LIMITATION, LOSS OF WHETHER EITHER REVENUES, LOSS OF PROFITS or COST OF PROCUREMENT OF SUBSTITUTE TECHNOLOGY, EVEN IF THAT PARTY WAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES DAMAGES. THIS LIMITATION SHALL APPLY TO ANY CLAIM OR DAMAGES CAUSE OF ACTION WHETHER IN CONTRACT OR SUCH LOSSES TORT, STRICT LIABILITY OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACTWARRANTY, TORT BUT SHALL NOT APPLY IF (INCLUDING NEGLIGENCE), STRICT LIABILITY, A) A PRODUCT IS DETERMINED TO BE DEFECTIVE AND OTHERWISE EXCEED TO HAVE CAUSED BODILY INJURY OR DEATH or (B) IF SUCH DAMAGES ARE THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER RESULT OF THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIMOTHER PARTY'S NEGLIGENCE OR WILLFUL MISCONDUCT. THE EXCLUSIONS AND LIMITATIONS IN PARTIES ACKNOWLEDGE THAT THIS SECTION DO 9 HAS BEEN INCLUDED AS A MATERIAL INDUCEMENT FOR EACH PARTY TO ENTER INTO THIS AGREEMENT AND THAT THE PARTIES WOULD NOT APPLY TO CLAIMS PURSUANT TO SECTION 8HAVE ENTERED INTO THIS AGREEMENT, BUT FOR THE LIMITATIONS OF LIABILITY AS SET FORTH HEREIN.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED CLIENT FURTHER AGREES THAT IN THIS SECTIONANY EVENT RAPLAB, IN NO EVENT WILL EITHER PARTY AND ITS DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS AND AGENTS SHALL NOT BE LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIALPUNITIVE, ENHANCEDSTATUTORY OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF MARKET SHARE, OR PUNITIVE DAMAGESDAMAGE TO GOOD NAME AND REPUTATION WITH RESPECT TO ANY OF THE FOREGOING MATTERS OR OTHERWISE RELATED TO THIS AGREEMENT, REGARDLESS OF WHETHER EITHER PARTY WAS EVEN IF ADVISED OF THE POSSIBILITY OR FORESEEABILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLEDAMAGES, EXCEPT FOR THE PAYMENT OF ANY INSURANCE PROCEEDS REFERENCED IN SECTION 5 ABOVE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL SHALL THE AGGREGATE TOTAL CUMULATIVE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL CLIENT OR EQUITABLE THEORYTHIRD PARTY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE RAPLAB EXCEED THE TOTAL AMOUNTS PAID PRICE OF THE SERVICES PROVIDED BY RAPLAB TO DEBTBOOK UNDER CLIENT FOR WHICH LIABILITY ARISES. THE AGREEMENT MAXIMUM AMOUNT OF RAPLAB`S LIABILITY SHALL IN THE 12-MONTH PERIOD PRECEDING THE ANY EVENT GIVING RISE BE LIMITED TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS PROCEEDS OF ANY INSURANCE POLICY, IF RECEIVED, IN ACCORDANCE WITH SECTION 6 ABOVE OF THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8AGREEMENT.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONFOR LICENSEE’S DUTY TO INDEMNIFY UNDER ARTICLE 23, IN NO EVENT WILL EITHER NEITHER PARTY SHALL BE LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIALLOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT OR ANY INDIRECT, INCIDENTAL, INDIRECTCONSEQUENTIAL, EXEMPLARYPUNITIVE OR OTHER SPECIAL DAMAGES SUFFERED BY THE OTHER PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY CAUSE OF ACTION OF ANY KIND, SPECIALINCLUDING TORT, ENHANCEDCONTRACT, OR PUNITIVE DAMAGESNEGLIGENCE, REGARDLESS STRICT LIABILITY AND BREACH OF WHETHER EITHER WARRANTY EVEN IF THE OTHER PARTY WAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES DAMAGES. NOR SHALL THE REGENTS BE LIABLE FOR ANY SUCH DAMAGES SUFFERED BY SUBLICENSEES, JOINT VENTURES OR DAMAGES OR AFFILIATES. *** INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL OMITTED MATERIAL WAS FILED SEPARATELY WITH THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED SECURITIES AND EXCHANGE COMMISSION PURSUANT TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK RULE 406 PROMULGATED UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIMSECURITIES ACT OF 1933, AS AMENDED. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8.31 ***_FivePrime

Limitations of Liability. 9.1. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONTO THE EXTENT PROHIBITED BY LOCAL LAW, IN NO EVENT WILL EITHER PARTY LICENSOR BE LIABLE UNDER FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY USED (WHETHER BASED IN CONNECTION WITH WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY), ARISING OUT OF THE AGREEMENT UNDER ANY LEGAL USE OF, OR EQUITABLE THEORYTHE INABILITY TO USE, INCLUDING BREACH OR THE RESULTS OF USING THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR'S LIABILITY TO LICENSEE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OR OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PRICE PAID TO DEBTBOOK UNDER BY LICENSEE FOR THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIMSOFTWARE. THE EXCLUSIONS AND FOREGOING LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF THE SOFTWARE FAILS OF ITS ESSENTIAL PURPOSE. NOTE: SOME JURISDICTIONS DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH A CASE, THIS LIMITATION MAY NOT APPLY.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTIONAGREEMENT, IN NO EVENT WILL EITHER NEITHER PARTY SHALL BE LIABLE UNDER OR IN CONNECTION WITH THE THIS AGREEMENT OR UNDER ANY LEGAL OR EQUITABLE THEORYOTHER THEORY OF LAW, INCLUDING BREACH OF WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OR OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTALSPECIAL, INDIRECT, EXEMPLARYCONTINGENT, SPECIALINCIDENTAL OR CONSEQUENTIAL DAMAGES AND TO THE EXTENT NOT CONSTITUTING INDIRECT, ENHANCEDCONTINGENT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ANY LOSS OF ANTICIPATED PROFITS, REDUCED PRODUCTION, GOODWILL, USE, MARKET REPUTATION, BUSINESS RECEIPTS OR COMMERCIAL OPPORTUNITIES. THE PARTIES WAIVE THEIR RIGHT THERETO INCLUDING ANY WAIVER REQUIRED UNDER ANY STATUTORY PROVISION. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE POSSIBILITY OF SUCH LOSSES HARM OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8LOSS.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL EITHER PARTY CNP SHALL NOT BE LIABLE UNDER TO CUSTOMER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OTHER PERSON OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, ENTITY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGESDAMAGES UNDER THIS PLATFORM LICENSE AGREEMENT (INCLUDING BUT NOT LIMITED TO LOST BUSINESS PROFITS AND LOSS, DAMAGE OR DESTRUCTION OF DATA) REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, AND REGARDLESS OF WHETHER EITHER SUCH PARTY WAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES DAMAGES IN ADVANCE OR WHETHER SUCH DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE ARE REASONABLY FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONNOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT CNP FOR ANY REASON AND FOR ANY CAUSE OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE ACTION WHATSOEVER SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY CUSTOMER TO DEBTBOOK CNP UNDER THIS PLATFORM LICENSE AGREEMENT DURING THE AGREEMENT IN THE TWELVE (12-MONTH PERIOD ) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIMLIABILITY. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8.-------------------------------------------------------------------------------- CNP, Inc. o Proprietary and Confidential Page 2

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL EITHER PARTY BE LIABLE SECTION 16 APPLIES TO LIABILITY UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, CONTRACT (INCLUDING BREACH OF CONTRACTWARRANTY), TORT (INCLUDING NEGLIGENCENEGLIGENCE AND/OR STRICT LIABILITY), STRICT LIABILITYAND ANY OTHER LEGAL OR EQUITABLE FORM OF CLAIM. IF YOU INITIATE ANY CLAIM, ACTION, SUIT, ARBITRATION, OR OTHER PROCEEDING RELATING TO SERVICES PROVIDED UNDER THIS SUBSCRIBER AGREEMENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, GEOTRUST SHALL NOT BE LIABLE FOR: (I) ANY LOSS OF PROFIT, BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS; OR (II) ANY INDIRECT OR CONSEQUENTIAL LOSS. GEOTRUST'S TOTAL LIABILITY FOR DAMAGES SUSTAINED BY YOU AND OTHERWISE, ANY THIRD PARTY FOR ANY CONSEQUENTIALUSE OR RELIANCE ON A CERTIFICATE SHALL BE LIMITED, INCIDENTALIN THE AGGREGATE, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF TO TWO TIMES THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLEAMOUNT PAID FOR THE CERTIFICATE. EXCEPT AS EXPRESSLY OTHERWISE THE LIABILITY LIMITATIONS PROVIDED IN THIS SECTIONSECTION 16 SHALL BE THE SAME REGARDLESS OF THE NUMBER OF DIGITAL SIGNATURES, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF TRANSACTIONS, OR CLAIMS RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE SUCH CERTIFICATE. TO THE CLAIM. EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITY LIMITATIONS, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO MAY NOT APPLY TO CLAIMS PURSUANT TO SECTION 8YOU.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONOTHER THAN THE FEES, CHARGES AND EXPENSES PAYABLE PURSUANT HERETO, IN NO EVENT WILL SHALL EITHER PARTY (OR IN THE CASE OF FRONTLINE, ITS LICENSORS) BE LIABLE UNDER TO THE OTHER PARTY OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, OF ANY KIND WHATSOEVER (INCLUDING LOST PROFITS) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OR NON-USE OF THE SOFTWARE, WORK PRODUCT OR SERVICES. NOTWITHSTANDING ANYTHING CONTAINED IN CONNECTION WITH THIS AGREEMENT TO THE AGREEMENT UNDER ANY LEGAL CONTRARY, IN NO EVENT SHALL FRONTLINE’S (OR EQUITABLE THEORYITS LICENSORS’) TOTAL LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING BREACH OF WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND PRODUCT LIABILITY OR OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER FRONTLINE HEREUNDER DURING THE AGREEMENT IN THE 12-MONTH PERIOD TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT EVENTS GIVING RISE TO THE CLAIMSUCH CLAIMS. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8Each Party acknowledges and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material, bargained for provisions of this Agreement and that fees and consideration payable hereunder reflects these disclaimers and limitations.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL EITHER PARTY BE LIABLE SECTION 9 APPLIES TO LIABILITY UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, CONTRACT (INCLUDING BREACH OF CONTRACTWARRANTY), TORT (INCLUDING NEGLIGENCENEGLIGENCE AND/OR STRICT LIABILITY), STRICT LIABILITYAND ANY OTHER LEGAL OR EQUITABLE FORM OF CLAIM. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND OTHERWISESYMANTEC SHALL NOT BE LIABLE FOR (I) ANY LOSS OF PROFIT, FOR ANY CONSEQUENTIALBUSINESS, INCIDENTALCONTRACTS, INDIRECT, EXEMPLARY, SPECIAL, ENHANCEDREVENUE OR ANTICIPATED SAVINGS, OR PUNITIVE DAMAGES(II) ANY INDIRECT OR CONSEQUENTIAL LOSS. SYMANTEC'S TOTAL LIABILITY FOR ALL DAMAGES SUSTAINED BY ALL RELYING PARTIES CONCERNING A SPECIFIC CERTIFICATE SHALL BE LIMITED, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF IN THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLEAGGREGATE, TO TEN DOLLARS ($10). EXCEPT AS EXPRESSLY OTHERWISE THE LIABILITY LIMITATIONS PROVIDED IN THIS SECTIONSECTION 9 SHALL BE THE SAME REGARDLESS OF THE NUMBER OF DIGITAL SIGNATURES, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF TRANSACTIONS, OR CLAIMS RELATED TO SUCH CERTIFICATE. NOTWITHSTANDING THE AGREEMENT FOREGOING, SYMANTEC’S LIABILITY SHALL NOT BE LIMITED UNDER THIS SECTION 9 IN CASES OF PERSONAL INJURY OR DEATH ARISING FROM SYMANTEC’S NEGLIGENCE OR TO ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT OTHER LIABILITY WHICH CANNOT BE EXCLUDED BY APPLICABLE LAW (INCLUDING NEGLIGENCEMANDATORY LAWS OF ANY APPLICABLE JURISDICTION), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE . TO THE CLAIM. EXTEND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITY LIMITATIONS, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO MAY NOT APPLY TO CLAIMS PURSUANT TO SECTION 8YOU.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONAGREEMENT, (I) NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY, ITS AGENTS, AFFILIATES, CLIENTS, OR ANY OTHER PERSONS, FOR ANY LOST PROFITS OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, AND (II) EXCEPT FOR LIABILITY ARISING FROM A BREACH OF SECTION 5, A PARTY’S PAYMENT OBLIGATIONS, OR A PARTY’S INDEMNIFICATION OBLIGATIONS RELATED TO INTELLECTUAL PROPERTY INFRINGEMENT OR VIOLATION OF LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER PARTY’S LIABILITY FOR ANY AND ALL CLAIMS, IN THE AGGREGATE, ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT OR THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH PERFORMANCE OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, ITS OBLIGATIONS HEREUNDER EXCEED [*]. [*] = CERTAIN INFORMATION HAS BEEN OMITTED AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF FILED SEPARATELY WITH THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLECOMMISSION. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIMOMITTED PORTIONS. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8.CONFIDENTIAL TREATMENT REQUESTED

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONFor clarification, these Terms do not limit our liability for fraud, fraudulent misrepresentation, death, personal injury or any other liability to the extent that applicable law would prohibit such a limitation. Limitation on Damages IN NO EVENT WILL EITHER PARTY Xxxx Xxxx, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR AFFILIATES, BE LIABLE UNDER OR IN CONNECTION WITH TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCEDPUNITIVE OR EXEMPLARY DAMAGES, COSTS OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES AND/OR LOST SAVINGS), WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM A BREACH OR ALLEGED BREACH OF THESE TERMS, OR PUNITIVE DAMAGES, REGARDLESS THE USE OF WHETHER EITHER PARTY WAS ANY SERVICES PROVIDED HEREUNDER. Liability Cap IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY BREACH OR ALLEGED BREACH OF THESE TERMS WITH RESPECT TO ANY CLAIMS HEREUNDER EXCEED A MAXIMUM AGGREGATE AMOUNT OF THE AMOUNT PAID BY YOU TO US DURING THE 6 MONTHS IMMEDIATELY PRECEDING THE CLAIM. Applicability THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL AND NOTWITHSTANDING THE AGGREGATE LIABILITY FAILURE OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8ESSENTIAL PURPOSE THEREOF.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL EITHER PARTY BE LIABLE SECTION 15 APPLIES TO LIABILITY UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, CONTRACT (INCLUDING BREACH OF CONTRACTWARRANTY), TORT (INCLUDING NEGLIGENCENEGLIGENCE AND/OR STRICT LIABILITY), STRICT LIABILITYAND ANY OTHER LEGAL OR EQUITABLE FORM OF CLAIM. IF RA INITIATES ANY CLAIM, ACTION, SUIT, ARBITRATION, OR OTHER PROCEEDING RELATING TO SERVICES PROVIDED UNDER THIS AGREEMENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, MSC XXXXXXXXXX.XXX SDN BHD SHALL NOT BE LIABLE FOR (A) ANY LOSS OF PROFIT, BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS, OR (B) ANY INDIRECT OR CONSEQUENTIAL LOSS. MSC XXXXXXXXX.XXX SDN BHD’S TOTAL LIABILITY FOR DAMAGES SUSTAINED BY RA AND OTHERWISE, ANY THIRD PARTY FOR ANY CONSEQUENTIALUSE OR RELIANCE ON A SPECIFIC CERTIFICATE SHALL BE LIMITED, INCIDENTALIN THE AGGREGATE, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF TO RM400,000.00 ONLY. THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE LIABILITY LIMITATIONS PROVIDED IN THIS SECTIONSECTION 15 SHALL BE THE SAME REGARDLESS OF THE NUMBER OF DIGITAL SIGNATURES, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF TRANSACTIONS, OR CLAIMS RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCESUCH CERTIFICATE(S), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE . TO THE CLAIM. EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITY LIMITATIONS, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO MAY NOT APPLY TO CLAIMS PURSUANT TO SECTION 8RA.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, 12.1 IN NO EVENT WILL EITHER PARTY SHALL SONY OR ITS SUPPLIERS BE LIABLE UNDER FOR PROSPECTIVE PROFITS, OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE BREACH OF THIS AGREEMENT BY SCEE), WHETHER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITYINDEMNITY, PRODUCT LIABILITY OR OTHERWISE. IN NO EVENT SHALL SONY'S LIABILITY ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DIRECT DAMAGES, AND OTHERWISEINCLUDING WITHOUT LIMITATION ANY LIABILITY UNDER CLAUSE 11.1, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED EXCEED THE PLATFORM CHARGE PAID BY PUBLISHER TO SCEE UNDER CLAUSE 7 WITHIN THE 2 (TWO) YEARS PRIOR TO THE DATE OF THE POSSIBILITY FIRST OCCURRENCE OF THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLELIABILITY. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONSET FORTH HEREIN, IN NO EVENT WILL THE AGGREGATE LIABILITY SONY ENTITY, NOR ANY OF DEBTBOOK ARISING OUT THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, SHALL BEAR ANY RISK, OR HAVE ANY RESPONSIBILITY OR LIABILITY, OF ANY KIND TO PUBLISHER OR RELATED TO ANY THIRD PARTIES WITH RESPECT TO THE AGREEMENT UNDER ANY LEGAL FUNCTIONALITY AND/OR EQUITABLE THEORY, INCLUDING BREACH PERFORMANCE OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8LICENSED PRODUCTS.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL EITHER PARTY BE LIABLE SECTION 16 APPLIES TO LIABILITY UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, CONTRACT (INCLUDING BREACH OF CONTRACTWARRANTY), TORT (INCLUDING NEGLIGENCENEGLIGENCE AND/OR STRICT LIABILITY), STRICT LIABILITYAND ANY OTHER LEGAL OR EQUITABLE FORM OF CLAIM. IF YOU INITIATE ANY CLAIM, ACTION, SUIT, ARBITRATION, OR OTHER PROCEEDING RELATING TO SERVICES PROVIDED UNDER THIS SUBSCRIBER AGREEMENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, GEOTRUST SHALL NOT BE LIABLE FOR (I) ANY LOSS OF PROFIT, BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS, OR (II) ANY INDIRECT OR CONSEQUENTIAL LOSS. GEOTRUST'S TOTAL LIABILITY FOR DAMAGES SUSTAINED BY YOU AND OTHERWISE, ANY THIRD PARTY FOR ANY CONSEQUENTIALUSE OR RELIANCE ON A CERTIFICATE SHALL BE LIMITED, INCIDENTALIN THE AGGREGATE, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF TO TWO TIMES THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLEAMOUNT PAID FOR THE CERTIFICATE. EXCEPT AS EXPRESSLY OTHERWISE THE LIABILITY LIMITATIONS PROVIDED IN THIS SECTIONSECTION 16 SHALL BE THE SAME REGARDLESS OF THE NUMBER OF DIGITAL SIGNATURES, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF TRANSACTIONS, OR CLAIMS RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE SUCH CERTIFICATE. TO THE CLAIM. EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITY LIMITATIONS, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO MAY NOT APPLY TO CLAIMS PURSUANT TO SECTION 8YOU.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL EITHER PARTY COMPANY SHALL NOT BE LIABLE UNDER TO DISTRIBUTOR (OR ANYONE CLAIMING THROUGH DISTRIBUTOR) FOR DAMAGES FOR INTERRUPTION OF BUSINESS, OR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS). THIS EXCLUSION APPLIES REGARDLESS OF WHETHER THE ACTION LIES IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITYPRODUCT LIABILITY OR ANY OTHER FORM. IT APPLIES TO ANY CLAIM RELATED TO ANY DEGREE TO THIS AGREEMENT AND TO ANY CLAIM RELATED TO THE SALE OR PURCHASE OF A SPECIFIC PRODUCT OR SERVICE FROM COMPANY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS APPLIES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLEDAMAGES. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, COMPANY SHALL IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF CASE BE LIABLE TO DISTRIBUTOR (OR ANYONE CLAIMING THROUGH DISTRIBUTOR) ON A CLAIM RELATED TO A GIVEN PRODUCT OR SERVICE IN EXCESS OF THE AGREEMENT UNDER AMOUNT ACTUALLY PAID BY DISTRIBUTOR FOR THAT PRODUCT, OR ON ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OTHER KIND OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED CLAIM IN EXCESS OF THE TOTAL AMOUNTS AMOUNT PAID BY DISTRIBUTOR TO DEBTBOOK UNDER COMPANY FOR THE AGREEMENT IN SIX MONTHS PRIOR TO OCCURRENCE OF THE 12-MONTH PERIOD PRECEDING THE LAST EVENT GIVING WHICH GAVE RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONTO THE EXTENT THE FOLLOWING LIABILITY LIMITATION IS PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY SCHOOLOGY, ITS DEVELOPERS, OR ITS SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIALLOST PROFITS, LOST OPPORTUNITY, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF ANTICIPATED BENEFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF OR DAMAGE TO DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY INDIRECT, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCEDCONSEQUENTIAL, OR PUNITIVE DAMAGESDAMAGES ARISING OUT OF OR AS A RESULT OF THIS AGREEMENT, REGARDLESS THE USE OF WHETHER EITHER PARTY WAS OR INABILITY TO USE THE SCHOOLOGY SYSTEM OR THE PROVISION OF ENTERPRISE SERVICES, EVEN IF SCHOOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLEDAMAGES. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE SCHOOLOGY’S, ITS DEVELOPERS’ OR SUPPLIERS’ ENTIRE LIABILITY OF DEBTBOOK FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE AS A RESULT OF THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS AMOUNT ACTUALLY PAID BY SUBSCRIBER FOR THE RIGHT TO DEBTBOOK UNDER USE THE AGREEMENT SCHOOLOGY SYSTEM IN THE TWELVE (12-MONTH PERIOD ) MONTHS PRECEDING THE EVENT INCIDENT GIVING RISE TO THE CLAIMLIABILITY. THE EXCLUSIONS FOREGOING LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8REGARDLESS OF THE THEORY OF LIABILITY.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONWITH RESPECT TO CLAIMS RELATED TO EACH PARTY’S NON-DISCLOSURE OBLIGATIONS UNDER SECTION 11, IN NO EVENT WILL SHALL EITHER PARTY BE LIABLE UNDER TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORYCONSEQUENTIAL DAMAGES, INCLUDING BREACH ANY LOST PROFITS, EXEMPLARY OR SPECIAL DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR THIS AGREEMENT. IN ALL EVENTS, EACH PARTY’S TOTAL LIABILITY IN THE AGGREGATE UNDER THIS AGREEMENT (EXCEPT WITH RESPECT TO VSI/WSS’S ROYALTY OBLIGATIONS AND WITH RESPECT TO CLAIMS RELATED TO THE AGREEMENT EACH PARTY’S NON-DISCLOSURE OBLIGATIONS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT SECTION 11) IS LIMITED TO AND SHALL NOT EXCEED FIVE HUNDRED THOUSAND U.S. DOLLARS (INCLUDING NEGLIGENCE$500,000), STRICT LIABILITYPLUS ANY REASONABLE ATTORNEYS’ FEES AND INTEREST WHICH MAY BE DUE UNDER THIS AGREEMENT OR UNDER LAW. FOR THE AVOIDANCE OF DOUBT, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS NOTHING IN THIS SECTION DO NOT APPLY 6 SHALL BE CONSTRUED TO CLAIMS PURSUANT TO SECTION 8LIMIT THE LIABILITY OF VSI/WSS RESULTING FROM THE MANUFACTURE, SALE OR USE OF ANY PRODUCTS OR SERVICES BY VSI/WSS OUTSIDE OF THE SCOPE OF THE VSI/WSS LICENSE GRANTED HEREUNDER.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONTO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER NEITHER PARTY SHALL BE LIABLE UNDER TO THE OTHER PARTY OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OTHER PERSON FOR ANY INJURY TO OR EQUITABLE THEORYLOSS OF GOODWILL, INCLUDING REPUTATION, BUSINESS, PRODUCTION, REVENUES, PROFITS, ANTICIPATED PROFITS, CONTRACTS OR OPPORTUNITIES (REGARDLESS OF HOW THESE ARE CLASSIFIED AS DAMAGES), OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR ENHANCED DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISEPRODUCT LIABILITY OR OTHERWISE (INCLUDING THE ENTRY INTO, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, PERFORMANCE OR PUNITIVE DAMAGESBREACH OF THIS AGREEMENT), REGARDLESS OF WHETHER EITHER SUCH LOSS OR DAMAGE WAS FORESEEABLE OR THE PARTY WAS AGAINST WHOM SUCH LIABILITY IS CLAIMED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES LOSS OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITYDAMAGE, AND OTHERWISE EXCEED NOTWITHSTANDING THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, PROVIDED, HOWEVER, THESE LIMITATIONS IN THIS SECTION DO SHALL NOT APPLY TO EITHER PARTY’S LIABILITY FOR (I) CLAIMS PURSUANT THAT ARE SUBJECT TO INDEMNIFICATION UNDER SECTION 88 AND (II) BREACH OF SECTION 2, SECTION 5, OR SECTION 6.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN WITH RESPECT TO THE INDEMNIFICATION OBLIGATIONS UNDER THIS SECTION, IN NO EVENT WILL EITHER AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) NEITHER PARTY SHALL BE LIABLE TO THE OTHER OR ITS AFFILIATES UNDER THIS AGREEMENT OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, ITS SUBJECT MATTER FOR ANY CONSEQUENTIAL, INCIDENTALSPECIAL, INDIRECT, EXEMPLARYPUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS GOODWILL, SPECIALREVENUE OR PROFITS); AND (B) EXCEPT FOR SIEMENS' FEE PAYMENT OBLIGATIONS HEREUNDER, ENHANCED, NEITHER PARTY SHALL BE LIABLE TO THE OTHER OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED ITS AFFILIATES UNDER THIS AGREEMENT OR IN CONNECTION WITH ITS SUBJECT MATTER FOR ANY AMOUNTS IN EXCESS OF THE POSSIBILITY AGGREGATE AMOUNTS RECEIVED BY IMPAC UNDER THIS AGREEMENT. THIS SECTION CONSTITUTES AN ESSENTIAL TERM OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT SHALL BE EFFECTIVE EVEN IN THE 12-MONTH PERIOD PRECEDING EVENT OF THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8FAILURE OF ANY REMEDY HEREUNDER, EXCLUSIVE OR OTHERWISE.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONWITH RESPECT TO CLAIMS RELATED TO NETRATINGS’ OR LICENSEE’S NON-DISCLOSURE OBLIGATIONS UNDER SECTION 10, IN NO EVENT WILL SHALL EITHER PARTY BE LIABLE UNDER TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORYCONSEQUENTIAL DAMAGES, INCLUDING BREACH ANY LOST PROFITS, * This information has been omitted pursuant to a request for confidential treatment under 24b-2 of the Exchange Act of 1934 and has been filed separately with the Securities and Exchange Commission. NetRatings: ____ Licensee: _____ EXEMPLARY OR SPECIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR THIS AGREEMENT. IN ALL EVENTS, EACH PARTY’S TOTAL LIABILITY IN THE AGGREGATE UNDER THIS AGREEMENT (EXCEPT WITH RESPECT TO CLAIMS RELATED TO NETRATINGS’ OR LICENSEE’S NON-DISCLOSURE OBLIGATIONS UNDER SECTION 10) IS LIMITED TO AND SHALL NOT EXCEED: (I) WITH RESPECT TO NETRATINGS, THE AGREEMENT MONIES RECEIVED BY NETRATINGS FROM LICENSEE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITYTHIS AGREEMENT, AND OTHERWISE EXCEED (II) WITH RESPECT TO LICENSEE, TWO MILLION U.S. DOLLARS (US $2,000,000) PLUS INTEREST DUE UNDER THIS AGREEMENT AND/OR BY LAW. FOR THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS AVOIDANCE OF DOUBT, NOTHING IN THIS SECTION DO NOT APPLY 6 SHALL BE CONSTRUED TO CLAIMS PURSUANT TO SECTION 8LIMIT ANY LIABILITY OF LICENSEE RESULTING FROM LICENSEE’S MANUFACTURE, SALE OR USE OF ANY PRODUCTS OR SERVICES OUTSIDE OF THE SCOPE OF THE LICENSE GRANTED HEREUNDER.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONWITH RESPECT TO CLAMS RELATED TO EACH PARTY’S NONDISCLOSURE OBLIGATIONS UNDER SECTION 11, IN NO EVENT WILL SHALL EITHER PARTY BE LIABLE UNDER TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORYCONSEQUENTIAL DAMAGES, INCLUDING BREACH ANY LOST PROFITS, EXEMPLARY OR SPECIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF THIS AGREEMENT OR OTHERWISE. IN ALL EVENTS, EACH PARTY’S TOTAL LIABILITY IN THE AGGREGATE UNDER THIS AGREEMENT (EXCEPT WITH RESPECT TO LICENSEE’S ROYALTY OBLIGATIONS AND WITH CLAIMS RELATED TO THE AGREEMENT EACH PARTY’S NONDISCLOSURE OBLIGATIONS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT SECTION 11) IS LIMITED TO AND SHALL NOT EXCEED FIVE HUNDRED THOUSAND U.S. DOLLARS (INCLUDING NEGLIGENCEUS $500,000), STRICT LIABILITYPLUS ANY ATTORNEYS’ FEES AND INTEREST WHICH MAY BE DUE UNDER THIS AGREEMENT OR UNDER LAW. FOR THE AVOIDANCE OF DOUBT, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS NOTHING IN THIS SECTION DO NOT APPLY 7 SHALL BE CONSTRUED TO CLAIMS PURSUANT TO SECTION 8LIMIT THE LIABILITY OF LICENSEE RESULTING FROM LICENSEE’S MANUFACTURE, SALE OR USE OF ANY PRODUCTS OR SERVICES OUTSIDE OF THE SCOPE OF THE LICENSE GRANTED HEREUNDER.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS SECTIONAGREEMENT, IN NO EVENT LIVEPERSON WILL EITHER PARTY NOT BE LIABLE UNDER OR IN CONNECTION TO YOU WITH THE RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), TORT, STRICT LIABILITY, AND OTHERWISE, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY CONSEQUENTIALINDIRECT, INCIDENTAL, INDIRECT, EXEMPLARYCONSEQUENTIAL, SPECIAL, ENHANCEDPUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL OR PUNITIVE DAMAGESACTUAL OR ANTICIPATED REVENUE, REGARDLESS OF WHETHER EITHER PARTY WAS PROFITS OR LOST BUSINESS), EVEN IF LIVEPERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLEDAMAGES. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS SECTIONAGREEMENT, IN NO EVENT WILL THE AGGREGATE SHALL LIVEPERSON'S CUMULATIVE LIABILITY OF DEBTBOOK TO YOU ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY) BREACH OF WARRANTY OR OTHER LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID REFERRAL FEES PAYABLE TO DEBTBOOK YOU UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8AGREEMENT.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTIONAGREEMENT, IN UNDER NO EVENT WILL EITHER PARTY BE LIABLE 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 IN CONNECTION WITH THE AGREEMENT RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORYTHEORY OR IN ANY OTHER WAY, INCLUDING BREACH OF 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). NOTWITSTANDING THE FOREGOING,,TREND MICRO SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR BREACH OF A STATUTORY DUTY OR IN ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS OTHER WAY (EVEN IF TREND MICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8.DAMAGES) FOR:

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONFOR FRAUD, IN NO EVENT WILL EITHER WILFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER PARTY SHALL BE LIABLE UNDER TO THE OTHER PARTY OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, OTHER PARTY RELATED TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGESDAMAGES OR FOR ANY DAMAGES WHATSOEVER, REGARDLESS INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF WHETHER EITHER PARTY WAS BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, PERSONAL INJURY, LOSS OF PRIVACY, PECUNIARY LOSS OR OTHER LOSS WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLEDAMAGES. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONREGARDLESS OF THE FORM OF ACTION, IN NO EVENT WILL THE EACH PARTY’S AGGREGATE AND CUMULATIVE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE 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 DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE SHALL BE LIMITED TO THE CLAIMLICENSE FEES ACTUALLY PAID BY THE CUSTOMER FOR ANY CLAIMS UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS, EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT DISCLAIMERS SHALL APPLY TO CLAIMS PURSUANT TO SECTION 8THE MAXIMUM EXTENT ALLOWED BY THE LAW.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT NEITHER PARTY NOR OUR AFFILIATES OR LICENSORS WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, OTHER PARTY FOR ANY CONSEQUENTIALINDIRECT, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCEDCONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR PUNITIVE DAMAGESDATA), REGARDLESS OF WHETHER EITHER EVEN IF SUCH PARTY WAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLEDAMAGES. IN ANY CASE, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONFOR PAYMENT OBLIGATIONS UNDER SECTION 7.2 [INTELLECTUAL PROPERTY], IN NO EVENT WILL THE OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT UNDER DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR, IF THE LIABILITY AROSE DURING ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT PERIOD BEFORE 12 MONTHS HAD ELAPSED FROM THE STARTING DATE (INCLUDING NEGLIGENCEAS MENTIONED IN THE PURCHASE ORDER), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID AMOUNT OF LIABILITY CAP IS TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIMBE ANNUALIZED. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SHALL NOT APPLY TO CLAIMS PURSUANT LOSSES CAUSED DUE TO SECTION 8OUR WILFUL MISCONDUCT AND GROSS NEGLIGENCE.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL EITHER PARTY BE LIABLE SECTION 16 APPLIES TO LIABILITY UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, CONTRACT (INCLUDING BREACH OF CONTRACTWARRANTY), TORT (INCLUDING NEGLIGENCENEGLIGENCE AND/OR STRICT LIABILITY), STRICT LIABILITYAND ANY OTHER LEGAL OR EQUITABLE FORM OF CLAIM. IF YOU INITIATE ANY CLAIM, ACTION, SUIT, ARBITRATION, OR OTHER PROCEEDING RELATING TO SERVICES PROVIDED UNDER THIS SUBSCRIBER AGREEMENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THAWTE SHALL NOT BE LIABLE FOR (I) ANY LOSS OF PROFIT, BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS, OR (II) ANY INDIRECT OR CONSEQUENTIAL LOSS. THAWTE'S TOTAL LIABILITY FOR DAMAGES SUSTAINED BY YOU AND OTHERWISE, ANY THIRD PARTY FOR ANY CONSEQUENTIALUSE OR RELIANCE ON A CERTIFICATE SHALL BE LIMITED, INCIDENTALIN THE AGGREGATE, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF TO TWO TIMES THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLEAMOUNT PAID FOR THE CERTIFICATE. EXCEPT AS EXPRESSLY OTHERWISE THE LIABILITY LIMITATIONS PROVIDED IN THIS SECTIONSECTION 16 SHALL BE THE SAME REGARDLESS OF THE NUMBER OF DIGITAL SIGNATURES, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF TRANSACTIONS, OR CLAIMS RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE SUCH CERTIFICATE. TO THE CLAIM. EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITY LIMITATIONS, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO MAY NOT APPLY TO CLAIMS PURSUANT TO SECTION 8YOU.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONSECTION 9, IN NO EVENT WILL EITHER PARTY OSG BE LIABLE UNDER OR IN CONNECTION WITH THE THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCEDAGGRAVATED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY OSG WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONSECTION 9, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK OSG ARISING OUT OF OR RELATED TO THE THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE OTHERWISE, EXCEED THE TOTAL AMOUNTS PAID AND AMOUNTS‌ ACCRUED BUT NOT YET PAID TO DEBTBOOK OSG UNDER THE THIS AGREEMENT IN THE 12-SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 9 DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 4 AND SECTION 8.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE EACH PARTY’S TOTAL LIABILITY TO THE OTHER PARTY FOR DAMAGES UNDER THIS AGREEMENT, EXCLUDING LIABILITIES UNDER [***], IS LIMITED TO THE TOTAL AMOUNT PAYABLE BY OPERATOR TO NEXTG FOR SERVICES PROVIDED IN THIS SECTIONUNDER THE SPECIFIC NETWORK ORDER TO WHICH THE DISPUTE RELATES. EXCLUDING LIABILITIES UNDER [***], IN NO EVENT NEITHER PARTY WILL EITHER PARTY BE LIABLE UNDER TO THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EVEN IF THE AGREEMENT UNDER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LEGAL LIMITED REMEDY. THE LIMITATIONS SET FORTH IN THIS § 10.2 WILL APPLY, WITHOUT LIMITATION, TO LOSS OF PROFITS OR EQUITABLE THEORYREVENUE (WHETHER ARISING OUT OF TRANSMISSION INTERRUPTIONS OR PROBLEMS, ANY INTERRUPTION OR DEGRADATION OF SERVICE, OR OTHERWISE) OR CLAIMS OF CUSTOMERS, WHETHER OCCASIONED BY ANY CONSTRUCTION, RECONSTRUCTION, RELOCATION, REPAIR, OR MAINTENANCE PERFORMED BY, OR FAILED TO BE PERFORMED BY, THE OTHER PARTY OR ANY OTHER CAUSE WHATSOEVER, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE), OR STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED CLIENT FURTHER AGREES THAT IN THIS SECTIONANY EVENT RAPLAB, IN NO EVENT WILL EITHER PARTY AND ITS DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIALPUNITIVE, ENHANCEDSTATUTORY OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF MARKET SHARE, OR PUNITIVE DAMAGESDAMAGE TO GOOD NAME AND REPUTATION WITH RESPECT TO ANY OF THE FOREGOING MATTERS OR OTHERWISE RELATED TO THIS AGREEMENT, REGARDLESS OF WHETHER EITHER PARTY WAS EVEN IF ADVISED OF THE POSSIBILITY OR FORESEEABILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLEDAMAGES, EXCEPT FOR THE PAYMENT OF ANY INSURANCE PROCEEDS REFERENCED IN SECTION 5 ABOVE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL SHALL THE AGGREGATE TOTAL CUMULATIVE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL CLIENT OR EQUITABLE THEORYTHIRD PARTY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE RAPLAB EXCEED THE TOTAL AMOUNTS PAID PRICE OF THE SERVICES PROVIDED BY RAPLAB TO DEBTBOOK UNDER CLIENT FOR WHICH LIABILITY ARISES. THE AGREEMENT MAXIMUM AMOUNT OF RAPLAB`S LIABILITY SHALL IN THE 12-MONTH PERIOD PRECEDING THE ANY EVENT GIVING RISE BE LIMITED TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS PROCEEDS OF ANY INSURANCE POLICY, IF RECEIVED, IN ACCORDANCE WITH SECTION 5 ABOVE OF THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8AGREEMENT.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONFor clarification, these Terms do not limit our liability for fraud, fraudulent misrepresentation, death, personal injury or any other liability to the extent that applicable law would prohibit such a limitation. Limitation on Damages IN NO EVENT WILL EITHER PARTY XXXX Xxxxx Xxxxxxx , ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR AFFILIATES, BE LIABLE UNDER OR IN CONNECTION WITH TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCEDPUNITIVE OR EXEMPLARY DAMAGES, COSTS OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES AND/OR LOST SAVINGS), WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM A BREACH OR ALLEGED BREACH OF THESE TERMS, OR PUNITIVE DAMAGES, REGARDLESS THE USE OF WHETHER EITHER PARTY WAS ANY SERVICES PROVIDED HEREUNDER. Liability Cap IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY BREACH OR ALLEGED BREACH OF THESE TERMS WITH RESPECT TO ANY CLAIMS HEREUNDER EXCEED A MAXIMUM AGGREGATE AMOUNT OF THE AMOUNT PAID BY YOU TO US DURING THE 6 MONTHS IMMEDIATELY PRECEDING THE CLAIM. Applicability THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL AND NOTWITHSTANDING THE AGGREGATE LIABILITY FAILURE OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8ESSENTIAL PURPOSE THEREOF.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONFor clarification, these Terms do not limit our liability for fraud, fraudulent misrepresentation, death, personal injury or any other liability to the extent that applicable law would prohibit such a limitation. Limitation on Damages IN NO EVENT WILL EITHER PARTY Legal Name Test, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR AFFILIATES, BE LIABLE UNDER OR IN CONNECTION WITH TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCEDPUNITIVE OR EXEMPLARY DAMAGES, COSTS OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES AND/OR LOST SAVINGS), WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM A BREACH OR ALLEGED BREACH OF THESE TERMS, OR PUNITIVE DAMAGES, REGARDLESS THE USE OF WHETHER EITHER PARTY WAS ANY SERVICES PROVIDED HEREUNDER. Liability Cap IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY BREACH OR ALLEGED BREACH OF THESE TERMS WITH RESPECT TO ANY CLAIMS HEREUNDER EXCEED A MAXIMUM AGGREGATE AMOUNT OF THE AMOUNT PAID BY YOU TO US DURING THE 6 MONTHS IMMEDIATELY PRECEDING THE CLAIM. Applicability THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL AND NOTWITHSTANDING THE AGGREGATE LIABILITY FAILURE OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8ESSENTIAL PURPOSE THEREOF.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONFor clarification, these Terms do not limit our liability for fraud, fraudulent misrepresentation, death, personal injury or any other liability to the extent that applicable law would prohibit such a limitation. Limitation on Damages IN NO EVENT WILL EITHER PARTY CP Fitness Limited, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR AFFILIATES, BE LIABLE UNDER OR IN CONNECTION WITH TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCEDPUNITIVE OR EXEMPLARY DAMAGES, COSTS OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES AND/OR LOST SAVINGS), WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM A BREACH OR ALLEGED BREACH OF THESE TERMS, OR PUNITIVE DAMAGES, REGARDLESS THE USE OF WHETHER EITHER PARTY WAS ANY SERVICES PROVIDED HEREUNDER. Liability Cap IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY BREACH OR ALLEGED BREACH OF THESE TERMS WITH RESPECT TO ANY CLAIMS HEREUNDER EXCEED A MAXIMUM AGGREGATE AMOUNT OF THE AMOUNT PAID BY YOU TO US DURING THE 6 MONTHS IMMEDIATELY PRECEDING THE CLAIM. Applicability THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL AND NOTWITHSTANDING THE AGGREGATE LIABILITY FAILURE OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8ESSENTIAL PURPOSE THEREOF.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTIONAGREEMENT, IN UNDER NO EVENT WILL EITHER PARTY BE LIABLE CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF ENTRUST 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 IN CONNECTION WITH THE AGREEMENT RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORYTHEORY OR IN ANY OTHER WAY, INCLUDING BREACH OF EXCEED THE AMOUNT PAID TO ENTRUST 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). NOTWITSTANDING THE FOREGOING, ENTRUST SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR BREACH OF A STATUTORY DUTY OR IN ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS OTHER WAY (EVEN IF ENTRUST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8.DAMAGES) FOR:

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED 10.1. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS SECTIONAGREEMENT, IN NO EVENT SIGNUPSYSTEMS WILL EITHER PARTY NOT BE LIABLE UNDER OR IN CONNECTION TO YOU WITH THE RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), TORT, STRICT LIABILITY, AND OTHERWISE, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY CONSEQUENTIALINDIRECT, INCIDENTAL, INDIRECT, EXEMPLARYCONSEQUENTIAL, SPECIAL, ENHANCEDPUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL OR PUNITIVE DAMAGESACTUAL OR ANTICIPATED REVENUE, REGARDLESS OF WHETHER EITHER PARTY WAS PROFITS OR LOST BUSINESS), EVEN IF SIGNUPSYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLEDAMAGES. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS SECTIONAGREEMENT, IN NO EVENT WILL THE AGGREGATE SHALL SIGNUPSYSTEMS' CUMULATIVE LIABILITY OF DEBTBOOK TO YOU ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY) BREACH OF WARRANTY OR OTHER LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID COMMISSIONS PAYABLE TO DEBTBOOK YOU UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8AGREEMENT.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONSELLER SHALL NOT HAVE ANY LIABILITY TO BUYER OR ANY OTHER PERSON OR ENTITY FOR INCIDENTAL, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER CONSEQUENTIAL, INDIRECT OR IN CONNECTION WITH THE AGREEMENT UNDER SPECIAL DAMAGES OF ANY LEGAL OR EQUITABLE THEORYDESCRIPTION, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR LOST PROFITS, WHETHER ARISING OUT OF WARRANTY (INCLUDING ANY IMPLIED WARRANTIES), BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND NEGLIGENCE, OTHER TORT, OR OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, AND REGARDLESS OF WHETHER EITHER PARTY SUCH DAMAGE WAS FORESEEABLE AND WHETHER SELLER HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLEOTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE SELLER’S AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL EQUIPMENT OR EQUITABLE THEORYSERVICES, INCLUDING BREACH OF CONTRACTAS APPLICABLE, TORT (INCLUDING NEGLIGENCE)SOLD TO BUYER, STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK BY BUYER FOR THE PRODUCTS UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS APPLICABLE QUOTE PURSUANT TO SECTION 8WHICH THE CLAIM RELATES. No action may be brought by Buyer against Seller after one (1) year from the date hereof, and Buyer acknowledges and agrees that this provision shall be grounds for dismissal of any suit or claim asserted by Buyer after such time.

Limitations of Liability. EXCEPT AS THE WARRANTY OBLIGATIONS OF OBSERVEIT ARE EXPRESSLY OTHERWISE PROVIDED LIMITED TO THE FOREGOING PROVISIONS. THESE PROVISIONS CONTAIN THE FULL AND EXCLUSIVE WARRANTIES AND REMEDIES IN THIS SECTIONFAVOR OF END- USER AND ANY THIRD PARTY, AND ARE IN LIEU OF ALL OTHER REMEDIES AND WARRANTIES - EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE OR USE. IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCEDINDIRECT OR INCIDENTAL DAMAGES; NOR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLEPROFITS. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL OBSERVEIT TOTAL LIABILITY FOR ANY DAMAGES IN ANY ACTION (BASED ON CONTRACT OR TORT OR OTHERWISE) ARISING FROM THE AGGREGATE LIABILITY DELIVERY, INSTALLATION, USE AND PERFORMANCE OF DEBTBOOK ARISING OUT ANY OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE SOFTWARE MODULES EXCEED THE TOTAL AMOUNTS AMOUNT PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE OBSERVEIT PURSUANT TO THE CLAIMTHIS AGREEMENT. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS AND LIMITATIONS SPECIFIED IN THIS SECTION DO NOT 7 WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS XXXX IS FOUND TO CLAIMS PURSUANT TO SECTION 8HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Limitations of Liability. EXCEPT THE PROGRAM IS OFFERED "AS-IS," "WITH ALL FAULTS," AND "AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONAVAILABLE." TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS RELATING TO THE PROGRAM AND THE MICROSOFT AZURE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIALINDIRECT, INCIDENTAL, INDIRECTCONSEQUENTIAL, EXEMPLARYPUNITIVE, SPECIAL, ENHANCEDOR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, REVENUE, AND/OR PUNITIVE DAMAGESPROFITS) ARISING OUT OF OR THAT RELATE IN ANY WAY TO THE PROGRAM, THIS AGREEMENT OR ITS PERFORMANCE. THIS EXCLUSION WILL APPLY REGARDLESS OF THE LEGAL THEORY UPON WHICH ANY CLAIM FOR SUCH DAMAGES IS BASED, WHETHER EITHER PARTY WAS THE PARTIES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR DAMAGES, WHETHER SUCH LOSSES OR DAMAGES WERE OTHERWISE REASONABLY FORESEEABLE, OR WHETHER APPLICATION OF THE EXCLUSION CAUSES ANY REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT EXCLUSION WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8.(A) COMPANY’S DEFENSE AND INDEMNIFICATION OBLIGATIONS, (B) VIOLATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, OR

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONSECTION 9, IN NO EVENT WILL EITHER NEITHER PARTY SHALL BE LIABLE UNDER OR IN CONNECTION WITH TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, OTHER FOR ANY CONSEQUENTIALSPECIAL, INDIRECT, INCIDENTAL, INDIRECTOR CONSEQUENTIAL DAMAGES, EXEMPLARYINCLUDING WITHOUT LIMITATION, SPECIALLOSS OF REVENUES, ENHANCEDLOSS OF PROFITS, OR PUNITIVE DAMAGESCOST OF PROCUREMENT OF SUBSTITUTE TECHNOLOGY, REGARDLESS OF WHETHER EITHER EVEN IF THAT PARTY WAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES DAMAGES. THIS LIMITATION SHALL APPLY TO ANY CLAIM OR DAMAGES CAUSE OF ACTION WHETHER IN CONTRACT OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ) STRICT LIABILITY, OR BREACH OF WARRANTY, BUT SHALL NOT APPLY IF (I) A FIRST CASH'S PRODUCT IS DETERMINED TO BE DEFECTIVE AND OTHERWISE TO HAVE CAUSED BODILY INJURY OR DEATH, OR (II) IF SUCH DAMAGES ARE THE RESULT OF THE OTHER PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IN NO EVENT SHALL XXXXXXXXXX.XXX'S TOTAL AGGREGATE LIABILITY UNDER OR AS A RESULT OF THIS AGREEMENT EXCEED THE AMOUNT OF FEES PAID BY FIRST CASH HEREUNDER. IN NO EVENT SHALL FIRST CASH'S TOTAL AMOUNTS PAID TO DEBTBOOK AGGREGATE LIABILITY UNDER OR AS A RESULT OF THIS AGREEMENT EXCEED THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8POLICY LIMITS OF ITS THEN CURRENT INSURANCE POLICIES.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, MULTIPLE, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT UNDER THIS AGREEMENT, OR FOR ANY LEGAL LOSS OR EQUITABLE THEORYINJURY TO A PARTY'S PROFITS OR GOODWILL, INCLUDING BREACH HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITYLIABILITY OR OTHERWISE), AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER EVEN IF SUCH PARTY WAS ADVISED OR OTHERWISE AWARE OF THE POSSIBILITY LIKELIHOOD OF SUCH LOSSES OR DAMAGES, EXCEPT WITH RESPECT TO CONSEQUENTIAL DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, (WHICH IN NO EVENT WILL INCLUDE ANY PUNITIVE DAMAGES) AWARDED TO A PARTY THAT THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING NON-BREACHING PARTY DEMOSTRATES RESULTED FROM A BREACH OF CONTRACT, TORT SECTION 8.1 (INCLUDING NEGLIGENCECONFIDENTIALITY; EXCEPTIONS), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIMOR SECTION 8.2 (AUTHORIZED DISCLOSURE). THE EXCLUSIONS AND LIMITATIONS NOTHING IN THIS SECTION DO NOT APPLY 10.1 (LIMITATIONS OF LIABILITY) IS INTENDED TO CLAIMS PURSUANT LIMIT OR RESTRICT THE INDEMNIFICATION RIGHTS OR OBLIGATIONS OF EITHER PARTY UNDER ARTICLE 11 (INDEMNIFICATION) WITH RESPECT TO SECTION 8ANY DAMAGES PAID BY THE OTHER PARTY TO A THIRD PARTY IN CONNECTION WITH A THIRD PARTY CLAIM.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL EITHER PARTY HID OR ITS SUPPLIERS SHALL ONLY BE LIABLE UNDER FOR THE VIOLATION OF AN OBLIGATION, THE PARTICULAR FULFILLMENT OF WHICH IS OF PARTICULAR SIGNIFICANCE FOR THE ACHIEVEMENT OF THE CONTRACTUAL PURPOSE (CARDINAL OBLIGATION). IN SUCH CASE HID´S OR IN CONNECTION WITH ITS SUPPLIERS´ LIABILITY SHALL BE LIMITED TO THE AGREEMENT UNDER ANY LEGAL REASONABLE FORESEEABLE DAMAGE WHICH CAN BE TYPICALLY EXPECTED TO ARISE WITHIN THE SCOPE OF THIS AGREEMENT. IRRESPECTIVE OF THE ABOVE HID SHALL NOT BE LIABLE FOR SLIGHT OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, SIMPLE NEGLIGENCE OR FOR ANY CONSEQUENTIALSPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, INDIRECT OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR CONSEQUENTIAL DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED RELATING TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORYTHIS AGREEMENT, INCLUDING BREACH BUT NOT LIMITED TO LOSS OF CONTRACTBUSINESS, TORT (INCLUDING NEGLIGENCE)REVENUE, STRICT LIABILITYPROFITS, GOODWILL, USE, DATA OR OTHER ECONOMIC ADVANTAGE AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK ANY NON- ECONOMIC LOSSES. NOTHING IN THIS CLAUSE SHALL LIMIT HID’S OR ITS SUPPLIERS´ LIABILITY FOR DAMAGES UNDER THE AGREEMENT INDEMNITY IN SECTION 11 OR DAMAGES WHICH, FOR WHATEVER LEGAL REASON, WERE CAUSED WITH GROSS NEGLIGENCE OR WILLFUL INTENT, FOR DAMAGES TO LIFE, BODY AND HEALTH AND FROM THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO ACCEPTANCE OF A GUARANTEE OR OF A PRODUCT LIABILITY RISK OR WHICH OTHERWISE MAY NOT APPLY TO CLAIMS PURSUANT TO SECTION 8BE EXCLUDED BY MANDATORY STATUTORY LAWS.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONFor clarification, these Terms do not limit our liability for fraud, fraudulent misrepresentation, death, personal injury or any other liability to the extent that applicable law would prohibit such a limitation. Limitation on Damages IN NO EVENT WILL EITHER PARTY Xxxxx Xxxxxxxxx, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR AFFILIATES, BE LIABLE UNDER OR IN CONNECTION WITH TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCEDPUNITIVE OR EXEMPLARY DAMAGES, COSTS OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES AND/OR LOST SAVINGS), WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM A BREACH OR ALLEGED BREACH OF THESE TERMS, OR PUNITIVE DAMAGES, REGARDLESS THE USE OF WHETHER EITHER PARTY WAS ANY SERVICES PROVIDED HEREUNDER. Liability Cap IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY BREACH OR ALLEGED BREACH OF THESE TERMS WITH RESPECT TO ANY CLAIMS HEREUNDER EXCEED A MAXIMUM AGGREGATE AMOUNT OF THE AMOUNT PAID BY YOU TO US DURING THE 6 MONTHS IMMEDIATELY PRECEDING THE CLAIM. Applicability THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL AND NOTWITHSTANDING THE AGGREGATE LIABILITY FAILURE OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8ESSENTIAL PURPOSE THEREOF.

Limitations of Liability. EXCEPT AS EXPRESSLY EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL EITHER PARTY BE LIABLE AND REGARDLESS OF WHETHER A CLAIM ARISES UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, STRICT LIABILITYLIABILITY OR OTHERWISE, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, WHETHER OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS NOT OSIsoft HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES LOSS OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONDAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY EVENT: (i) SHALL OSIsoft BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT KIND (INCLUDING NEGLIGENCELOSS OF USE, DATA, BUSINESS OR PROFITS); (ii) FOR CLAIMS THAT ARE COVERED BY THE INSURANCE POLICIES SPECIFIED IN SECTION 3, STRICT LIABILITYAS CARRIED BY OSISOFT, AND OTHERWISE SHALL OSISOFT’s TOTAL LIABILITY EXCEED THE COVERAGE AMOUNTS SPECIFIED THEREIN; NOR (iii) FOR CLAIMS THAT ARE NOT COVERED BY THE INSURANCE POLICIES SPECIFIED IN SECTION 3, AS CARRIED BY OSIsoft, SHALL OSISOFT’s TOTAL CUMULATIVE LIABILITY HEREUNDER EXCEED THE TOTAL AMOUNTS LICENSE FEES PAID BY LICENSEE TO DEBTBOOK OSIsoft UNDER THE THIS AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIMOR TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000), WHICHEVER IS GREATER. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8The parties expressly agree that the allocation of risk contained in this Section is an essential basis of this Agreement.

Limitations of Liability. 21.1 EXCEPT AS EXPRESSLY OTHERWISE PROVIDED FOR ANY AMOUNTS AWARDED TO THIRD PARTIES ARISING UNDER SECTION 18 OF THIS AGREEMENT, AND EXCEPT FOR BODILY INJURY, DEATH, FRAUD, (BUT SOLELY TO THE EXTENT THAT LIMITATION ON LIABILITY THEREFOR IS NOT PERMITTED UNDER APPLICABLE LAW), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANYTHING IN THIS SECTIONAGREEMENT TO THE CONTRARY, IN NO EVENT WILL EITHER PARTY CUSTOMER AGREES THAT PALANTIR SHALL NOT BE LIABLE UNDER TO CUSTOMER OR IN CONNECTION TO ANY THIRD PARTY WITH RESPECT TO ANY PRODUCTS, SERVICES, OR OTHER SUBJECT MATTER OF THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE AGREEMENT UNDER ANY LEGAL THEORY USED TO MAKE A CLAIM, AND WHETHER OR EQUITABLE THEORYNOT BASED UPON PALANTIR’S NEGLIGENCE, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)WARRANTY, STRICT LIABILITY, AND OTHERWISEIN TORT OR ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, LOSS OF USE, LOSS, ALTERATION, CORRUPTION, OR BREACH OF DATA, COST OF REPLACEMENT, DELAYS, EXPECTED OR LOST PROFITS OR SAVINGS ARISING OUT OF PERFORMANCE OR BREACH OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE PRODUCTS, OR FOR ANY CONSEQUENTIALMATTER BEYOND PALANTIR’S REASONABLE CONTROL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS EVEN IF PALANTIR HAS BEEN ADVISED OF AS TO THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8DAMAGES.

Limitations of Liability. 10.1. EXCEPT AS EXPRESSLY OTHERWISE TO THE EXTENT THE FOLLOWING LIMITATION OF LIABILITY IS PROHIBITED BY LAW, PINGCAP'S TOTAL LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES SUSTAINED BY YOU UP TO A MAXIMUM AMOUNT OF THE FEES PAID BY YOU TO PINGCAP UNDER THE APPLICABLE ORDER FORM; PROVIDED IN THIS SECTIONTHAT, IN REGARDLESS OF ANY LAW, NO EVENT WILL EITHER PARTY BE LIABLE UNDER CLAIM OR CAUSE OF ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THIS CSA MAY BE BROUGHT BY YOU MORE THAN TWELVE (12) MONTHS AFTER YOU BECOME AWARE OF, OR SHOULD REASONABLY HAVE BECOME AWARE OF, THE AGREEMENT FACTS GIVING RISE TO THE CAUSE OF ACTION. WITHOUT LIMITING THE FOREGOING, NEITHER PINGCAP NOR ANY OF ITS LICENSORS SHALL BE LIABLE TO YOU FOR PERSONAL INJURY, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, OR FOR DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL OR LOST PROFITS, UNDER ANY LEGAL OR EQUITABLE THEORYTHEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK OTHER THEORY ARISING OUT OF OR RELATED RELATING IN ANY WAY TO THIS CSA, EVEN IF PINGCAP HAS BEEN ADVISED OF THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH RISK OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8SUCH DAMAGES.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONFor clarification, these Terms do not limit our liability for fraud, fraudulent misrepresentation, death, personal injury or any other liability to the extent that applicable law would prohibit such a limitation. Limitation on Damages IN NO EVENT WILL EITHER PARTY Xxxx Xxxxxx Coaching, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR AFFILIATES, BE LIABLE UNDER OR IN CONNECTION WITH TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCEDPUNITIVE OR EXEMPLARY DAMAGES, COSTS OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES AND/OR LOST SAVINGS), WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM A BREACH OR ALLEGED BREACH OF THESE TERMS, OR PUNITIVE DAMAGES, REGARDLESS THE USE OF WHETHER EITHER PARTY WAS ANY SERVICES PROVIDED HEREUNDER. Liability Cap IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY BREACH OR ALLEGED BREACH OF THESE TERMS WITH RESPECT TO ANY CLAIMS HEREUNDER EXCEED A MAXIMUM AGGREGATE AMOUNT OF THE AMOUNT PAID BY YOU TO US DURING THE 6 MONTHS IMMEDIATELY PRECEDING THE CLAIM. Applicability THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL AND NOTWITHSTANDING THE AGGREGATE LIABILITY FAILURE OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8ESSENTIAL PURPOSE THEREOF.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONFOR LIABILITY ARISING FROM BREACH OF SECTION 7.6 (CONFIDENTIALITY), IN NO EVENT WILL EITHER FULFILMENT OF OBLIGATIONS UNDER SECTION 9 (INDEMNIFICATION), AND SECTION 10 (CONTRIBUTION), FRAUD, OR INTENTIONAL MISCONDUCT, (A) NEITHER PARTY SHALL BE LIABLE UNDER TO THE OTHER PARTY OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, OTHER THIRD PARTY FOR ANY CONSEQUENTIALSPECIAL, INDIRECT, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCEDCONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, REGARDLESS OF WHETHER EITHER SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, ANY OF THE FOREGOING; AND (B) IN NO EVENT WILL SHALL THE AGGREGATE TOTAL COLLECTIVE LIABILITY OF DEBTBOOK ARISING OUT OF EITHER PARTY FOR ALL CLAIMS UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED $150,000. NOTWITHSTANDING THE FOREGOING OR ANYTHING IN 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 DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS CONTRARY, NOTHING CONTAINED IN THIS SECTION DO AGREEMENT SHALL BE DEEMED TO CONSTITUTE A WAIVER OF PROPCO’S COMPLIANCE WITH THE FEDERAL SECURITIES LAWS AND THE RULES AND REGULATIONS THEREUNDER, NOR SHALL IT CONSTITUTE A WAIVER BY APPCO OF ANY OF APPCO’S LEGAL RIGHTS UNDER APPLICABLE U.S. FEDERAL SECURITIES LAWS OR ANY OTHER LAWS WHOSE APPLICABILITY IS NOT APPLY PERMITTED TO CLAIMS PURSUANT TO SECTION 8BE CONTRACTUALLY WAIVED.

Limitations of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, SECTION 20: (a) IN NO EVENT WILL EITHER PARTY SHALL CLOUDSAVER’S, ITS AFFILIATES OR THEIR EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS OR DIRECTORS BE LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIALINDIRECT, PUNITIVE, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, CONSEQUENTIAL OR PUNITIVE EXEMPLARY DAMAGES, REGARDLESS INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED RELATING TO THIS AGREEMENT; AND (b) IN NO EVENT SHALL CLOUDSAVER’S CUMULATIVE AND AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE AGREEMENT FEES PAID TO CLOUDSAVER BY CUSTOMER UNDER ANY LEGAL OR EQUITABLE THEORYTHE APPLICABLE ORDER(S), INCLUDING BREACH OF CONTRACTPRIOR ORDERS FOR THE SAME SERVICES, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIMLIABILITY. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT (COLLECTIVELY, THE “EXCLUSIONS”) APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE NON- BREACHING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE PROVISIONS OF THIS SECTION 20 ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE EXCLUSIONS IN DETERMINING TO CLAIMS PURSUANT TO SECTION 8ENTER INTO THIS AGREEMENT AND THE PRICING FOR THE SERVICES.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONNOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY OR ANY FAILURE OF ESSENTIAL PURPOSE, IN NO EVENT WILL EITHER PARTY SHALL AN IC OR COMPANY (INCLUDING ANY OF ITS RELATED PARTIES (AS DEFINED BELOW) BE LIABLE UNDER OR IN CONNECTION WITH TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, OTHER PARTY FOR ANY CONSEQUENTIALSPECIAL, INCIDENTALINCI- DENTAL, INDIRECT, PUNITIVE OR EXEMPLARY, SPECIALOR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, ENHANCEDHOWEVER CAUSED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE IC AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORYTHE SUBJECT MATTER HEREOF (INCLUDING BUT NOT LIMITED TO THE COMPANY PROD- UCTS, INCLUDING BREACH THE PROGRAM, COMPANY MARKETING MATERIALS, OR TRS BUSINESS SUPPLIES), WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT TORT, OR OTHER THEORY OF LIABILITY (INCLUDING NEGLIGENCEBUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY), STRICT LIABILITYOR OTHERWISE, AND OTHERWISE EXCEED EVEN IF THE TOTAL AMOUNTS PAID IC OR COMPANY (OR ANY OF ITS RELATED PARTIES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT GIVE EFFECT TO DEBTBOOK UNDER THE AGREEMENT LIMITED LIABILITY OR EXCULPATORY CLAUSES, THIS PROVISION IS NOT APPLICABLE. IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE JURISDICTIONS THAT ALLOW FOR EXCULPATORY OR LIMITED LIABILITY CLAUSES IN A LIMITED MANNER, THIS PROVI- SION IS APPLICABLE TO THE CLAIM. FULLEST EXTENT ALLOWED BY THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8LAW OF SUCH JURISDICTION.

Limitations of Liability. 7.1 EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONSECTION 7.2, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY SHALL UB, OR ANY OF THE INDEMNIFIED PARTIES, BE LIABLE UNDER TO LICENSEE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORYPUNITIVE DAMAGES, INCLUDING BREACH WITHOUT LIMITATION, LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER, REGARDLESS OF WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER EVEN IF SUCH PARTY WAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLEDAMAGES. IN ANY CASE, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONSECTION 7.2, IN NO EVENT WILL THE AGGREGATE UB’S TOTAL LIABILITY TO LICENSEE FOR ANY DAMAGES WITH RESPECT TO ANY CLAIM OR CAUSE OF DEBTBOOK ACTION ARISING OUT OF OR RELATED TO THE THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE SHALL NOT EXCEED THE TOTAL AMOUNTS AGGREGATE AMOUNT OF LICENSE FEES PAID BY LICENSEE TO DEBTBOOK UB UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIMTHIS AGREEMENT. THE EXCLUSIONS AND LIMITATIONS RIGHTS OF THE LICENSEE IN THIS SECTION DO NOT APPLY 7.1 SHALL BE THE LICENSEE’S SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGES OF ANY NATURE RELATING TO CLAIMS PURSUANT TO SECTION 8THIS AGREEMENT OR THE UB PRODUCTS.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN CLIENT'S SOLE AND EXCLUSIVE REMEDIES FOR DAMAGES FROM ANY CAUSE RELATED TO OR ARISING OUT OF THIS SECTION, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH AGREEMENT REGARDLESS OF THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING WHETHER BASED ON NEGLIGENCE, BREACH OF CONTRACT, TORT WARRANTY OR OTHER LEGAL THEORY, WILL BE THOSE PROVIDED IN THIS AGREEMENT. IN NO EVENT SHALL UNISYS, ITS AFFILIATES, SUPPLIERS, OR SUBCONTRACTORS BE LIABLE FOR (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIALI) INDIRECT, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCEDPUNITIVE, OR PUNITIVE CONSEQUENTIAL DAMAGES; (II) LOST PROFITS, REGARDLESS LOSS OF USE OR LOSS OF REVENUE (WHETHER EITHER PARTY WAS ADVISED DIRECT OR INDIRECT); (III) DAMAGE TO OR LOSS OF DATA; (IV) LOSS OF GOODWILL OR OTHER DIMINUTION IN THE VALUE OF THE POSSIBILITY CLIENT'S BUSINESS; OR (V) CLAIMS AGAINST CLIENT FROM OTHERS EXCEPT FOR AMOUNTS FOR WHICH CLIENT IS INDEMNIFIED UNDER THE PATENT AND COPYRIGHT SECTION OF SUCH LOSSES THIS AGREEMENT, IN ALL CASES EVEN IF KNOWN OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN FOR AMOUNTS FOR WHICH CLIENT IS INDEMNIFIED UNDER THE INFRINGEMENT INDEMNIFICATION SECTION OF THIS SECTIONAGREEMENT, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORYUNISYS, INCLUDING BREACH OF CONTRACTITS AFFILIATES, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, SUPPLIERS AND OTHERWISE SUBCONTRACTORS WILL NOT EXCEED THE TOTAL AMOUNTS GREATER OF $100,000 OR THE CHARGES PAID TO DEBTBOOK UNDER UNISYS OR ITS AFFILIATES FOR THE AGREEMENT IN SERVICE THAT IS THE 12-MONTH PERIOD PRECEDING SUBJECT OF THE EVENT GIVING RISE TO CLAIM DURING THE 12 MONTHS BEFORE THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONCUSTOMER AGREES THAT THE CONSIDERATION WHICH PLOT BOSS, LLC IS CHARGING HEREUNDER DOES NOT INCLUDE CONSIDERATION FOR ASSUMPTION BY PLOT BOSS, LLC OF THE RISK OF CUSTOMER’S INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND/OR DAMAGES ARISING FROM ACTIONS COMMITTED BY A THIRD-PARTY, WHETHER OR NOT SAID DAMAGES ARE REASONABLY FORESEEABLE BY THE PARTIES. IN NO EVENT WILL SHALL EITHER PARTY BE LIABLE UNDER TO ANYONE FOR LOST PROFITS OR REVENUE OR FOR INCIDENTAL, CONSEQUENTIAL, UNITIVE, COVER, SPECIAL, RELIANCE OR EXEMPLARY DAMAGES, OR INDIRECT DAMAGES OF ANY TYPE OR KIND HOWEVER CAUSED, WHETHER FROM BREACH OF WARRANTY, BREACH OR REPUDIATION OF CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL CAUSE OF ACTION FROM OR IN CONNECTION WITH THIS AGREEMENT (AND WHETHER OR NOT THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY LAW) OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, SHALL IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT DIRECT DAMAGE LIMITATIONS AS SET FORTH IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 85.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONTO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY SHALL USAC OR ITS SUPPLIERS OR LICENSORS BE LIABLE UNDER FOR LOSS OR DAMAGE OF LOST PROFITS OR REVENUES OR SIMILAR ECONOMIC LOSS, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, COST OF SUBSTITUTE GOODS OR SERVICES, INDIRECT OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT OR EPC, EVEN IF USAC HAS BEEN ADVISED OF SUCH CLAIM. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, USAC’S TOTAL AGGREGATE LIABILITY FOR ANY LEGAL CLAIMS ARISING UNDER THIS AGREEMENT OR EQUITABLE THEORYOTHERWISE ARISING FROM THE TRANSACTIONS CONTEMPLATED HEREIN REGARDLESS OF THE FORM OF ACTION (INCLUDING, INCLUDING BUT NOT LIMITED TO, ACTIONS FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, RESCISSION AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE WARRANTY) SHALL NOT EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT $100 IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8AGGREGATE.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONFor clarification, these Terms do not limit our liability for fraud, fraudulent misrepresentation, death, personal injury or any other liability to the extent that applicable law would prohibit such a limitation. Limitation on Damages IN NO EVENT WILL EITHER PARTY JonasCoaching, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR AFFILIATES, BE LIABLE UNDER OR IN CONNECTION WITH TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCEDPUNITIVE OR EXEMPLARY DAMAGES, COSTS OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES AND/OR LOST SAVINGS), WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM A BREACH OR ALLEGED BREACH OF THESE TERMS, OR PUNITIVE DAMAGES, REGARDLESS THE USE OF WHETHER EITHER PARTY WAS ANY SERVICES PROVIDED HEREUNDER. Liability Cap IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY BREACH OR ALLEGED BREACH OF THESE TERMS WITH RESPECT TO ANY CLAIMS HEREUNDER EXCEED A MAXIMUM AGGREGATE AMOUNT OF THE AMOUNT PAID BY YOU TO US DURING THE 6 MONTHS IMMEDIATELY PRECEDING THE CLAIM. Applicability THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL AND NOTWITHSTANDING THE AGGREGATE LIABILITY FAILURE OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8ESSENTIAL PURPOSE THEREOF.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL EITHER PARTY SHALL SANS DIGITAL, ITS AFFILIATES OR SUPPLIERS BE LIABLE UNDER TO LICENSEE, ITS AFFILIATES OR IN CONNECTION WITH THE AGREEMENT UNDER CUSTOMERS FOR ANY LEGAL INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR EQUITABLE THEORYPUNITIVE DAMAGES WHATSOEVER, INCLUDING BREACH WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR REVENUE, LOST BUSINESS OPPORTUNITIES, LOST OR INACCESSIBLE DATA OR INFORMATION, UNAUTHORIZED ACCESS TO DATA OR INFORMATION OR OTHER PECUNIARY LOSS, ARISING OUT OF CONTRACTOR RELATED TO THIS AGREEMENT, THE SUBJECT MATTER HEREOF OR THE AUTHORIZED OR UNAUTHORIZED USE OF OR INABILITY TO USE THE PRODUCT, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), NEGLIGENCE AND STRICT PRODUCT LIABILITY, ) OR OTHERWISE AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS IRRESPECTIVE OF WHETHER EITHER PARTY WAS SANS DIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSSES LOSS OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLEDAMAGE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE SHALL SANS DIGITAL’S AGGREGATE LIABILITY OF DEBTBOOK UNDER THIS AGREEMENT OR ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORYSUBJECT MATTER HEREOF EXCEED ONE HUNDRED DOLLARS (US$100.00). Some jurisdictions do not allow the limitation of incidental or consequential damages so this limitation may not apply fully to Licensee, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIMbut such limitation shall apply to the maximum extent permitted by applicable law. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8Licensee acknowledges that the pricing of the Product and other terms and conditions of this Agreement reflect the allocation of risk set forth in this Agreement and that SANS DIGITAL would not enter into this Agreement without these limitations on its liability.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, CONNECTION WITH USE OF SALTSTACK TECHNOLOGY BEYOND THE SCOPE OF ANY LICENSE GRANTED HEREIN: (I) IN NO EVENT WILL SHALL EITHER PARTY BE LIABLE UNDER FOR: ANY INDIRECT, MORAL, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES; ANY LOSS OF USE, DATA, OR PROFITS; OR ANY INTERRUPTION OF BUSINESS - ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORYTHIS AGREEMENT, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITYHOWEVER CAUSED, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, WHETHER OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS NOT IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL DAMAGE; AND (II) THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED EITHER PARTY WITH RESPECT TO THE THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE SHALL NOT EXCEED THE TOTAL AMOUNTS PAID OR PAYABLE BY CUSTOMER PURSUANT TO DEBTBOOK UNDER THIS AGREEMENT FOR THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING PRODUCTS THAT GAVE RISE TO THE LIABILITY WITHIN THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. THE FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY WILL APPLY REGARDLESS OF THE FORM OR SOURCE OF ACTION, AND LIMITATIONS REGARDLESS OF ANY OBLIGATION STATED UNDER THIS AGREEMENT. THE LIMITATION ON DAMAGES AS SET FORTH IN THE PRIOR SENTENCE SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL BREACH OR A BREACH OF THE FUNDAMENTAL TERMS OF THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8AGREEMENT.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL EITHER PARTY BE LIABLE SECTION APPLIES TO LIABILITY UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, CONTRACT (INCLUDING BREACH OF CONTRACTWARRANTY), TORT (INCLUDING NEGLIGENCENEGLIGENCE AND/OR STRICT LIABILITY), STRICT LIABILITYAND ANY OTHER LEGAL OR EQUITABLE FORM OF CLAIM. IF YOU INITIATE ANY CLAIM, ACTION, SUIT, ARBITRATION, OR OTHER PROCEEDING RELATING TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, SYMANTEC SHALL NOT BE LIABLE FOR: (I) ANY LOSS OF PROFIT, BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS, OR (II) ANY INDIRECT OR CONSEQUENTIAL LOSS. SYMANTEC’S TOTAL LIABILITY FOR DAMAGES SUSTAINED BY YOU AND OTHERWISE, ANY THIRD PARTY FOR ANY CONSEQUENTIALUSE OR RELIANCE ON A CERTIFICATE SHALL BE LIMITED, INCIDENTALIN THE AGGREGATE, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF TO TWO (2) TIMES THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLEAMOUNT PAID FOR EACH CERTIFICATE. EXCEPT AS EXPRESSLY OTHERWISE THE LIABILITY LIMITATIONS PROVIDED IN THIS SECTIONSECTION 16 SHALL BE THE SAME REGARDLESS OF THE NUMBER OF DIGITAL SIGNATURES, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF TRANSACTIONS, OR CLAIMS RELATED TO SUCH CERTIFICATE. NOTWITHSTANDING THE AGREEMENT FOREGOING, SYMANTEC’S LIABILITY SHALL NOT BE LIMITED UNDER THIS SECTION 16 IN CASES OF PERSONAL INJURY OR DEATH ARISING FROM SYMANTEC’S NEGLIGENCE OR TO ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT OTHER LIABILITY WHICH CANNOT BE EXCLUDED BY APPLICABLE LAW (INCLUDING NEGLIGENCEMANDATORY LAWS OF ANY APPLICABLE JURISDICTION), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE . TO THE CLAIM. EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITY LIMITATIONS, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO MAY NOT APPLY TO CLAIMS PURSUANT TO SECTION 8YOU.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS SECTIONAGREEMENT, IN NO EVENT APPEN WILL EITHER PARTY NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORYTO CUSTOMER FOR INDIRECT, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR EXEMPLARY DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORYTHIS AGREEMENT, INCLUDING BREACH BUT NOT LIMITED TO LOST PROFITS OR LOSS OF CONTRACTBUSINESS, OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), STRICT AND REGARDLESS OF THE THEORY OF LIABILITY, AND OTHERWISE EVEN IF APPEN IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. UNDER NO CIRCUMSTANCES WILL APPEN’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNTS AMOUNT PAID BY CUSTOMER TO DEBTBOOK APPEN UNDER THE AGREEMENT IN APPLICABLE ORDER FORM DURING THE 12-MONTH PERIOD TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS ALLOCATION IS REFLECTED IN THE EXCLUSIONS PRICING OFFERED BY APPEN TO CUSTOMER AND LIMITATIONS IS AN ESSENTIAL COMPONENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN THIS CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT CUSTOMER'S AND ITS AFFILIATES’ PAYMENT OBLIGATIONS UNDER THE “FEES AND PAYMENT” SECTION ABOVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; THUS, THE ABOVE LIMITATION MAY NOT APPLY TO CLAIMS PURSUANT TO SECTION 8IN SUCH STATES.

Limitations of Liability. 12.1 EXCEPT AS EXPRESSLY OTHERWISE PROVIDED SPECIFICALLY SET FORTH IN THIS SECTIONSECTION 12.2 BELOW, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY PARTY, NOR THEIR RESPECTIVE SUPPLIERS, BE LIABLE UNDER TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE REASONABLY FORESEEABLE. THE LIMITATIONS ON AND EXCLUSIONS OF LIABILITY FOR DAMAGES IN CONNECTION WITH THIS SECTION 12.1 APPLY REGARDLESS OF WHETHER THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCEDBREACH OF WARRANTY, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONTO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT NEITHER PARTY WILL EITHER PARTY BE LIABLE UNDER FOR ANY LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, DOWNTIME, LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, AND OR OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLEDAMAGES. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE TIME DOCTOR’S LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE UNDER THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID AMOUNT OF TIME DOCTOR’S PAYMENT OBLIGATIONS TO DEBTBOOK UNDER THE AGREEMENT IN VALUE-ADDED RESELLER DURING THE TWELVE (12-) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST DATE AN EVENT GIVING RISE TO THE CLAIMSUCH LIABILITY OCCURRED. THE EXCLUSIONS PARTIES ACKNOWLEDGE AND LIMITATIONS IN AGREE THAT THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO IS AN ESSENTIAL ELEMENT OF THE AGREEMENT AND THAT IN ITS ABSENCE, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT. THIS SECTION 8IS SEVERABLE AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL EITHER PARTY DUOCIRCLE SHALL NOT BE LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, TO YOU FOR ANY CONSEQUENTIALDIRECT, INDIRECT, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, CONSEQUENTIAL OR PUNITIVE EXEMPLARY DAMAGES, REGARDLESS INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF WHETHER EITHER PARTY WAS PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES (EVEN IF DUOCIRCLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES DAMAGES) IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM: (I) THE USE OR DAMAGES THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; OR SUCH LOSSES (III) UNAUTHORIZED ACCESS TO OR DAMAGES WERE OTHERWISE FORESEEABLEALTERATION OF THE PROGRAMS AND/OR YOUR CONTENT. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN NO EVENT WILL SOME OR ALL OF THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF ABOVE EXCLUSIONS OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO MAY NOT APPLY TO CLAIMS PURSUANT YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN ANY SUCH CASE, DUOCIRCLE’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO DUOCIRCLE HEREUNDER FOR THE SERVICES. CLIENT ACKNOWLEDGES AND AGREES THAT THIS SECTION 813 REPRESENTS A REASONABLE ALLOCATION OF RISK AND THAT, IN THE ABSENCE OF THESE LIMITATIONS OF LIABILITY, THE TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCEDOR INCIDENTAL DAMAGES, OR PUNITIVE DAMAGESFOR ANY LOST DATA, REGARDLESS LOST PROFITS OR COSTS OF WHETHER EITHER PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING FROM OR RELATING TO THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF SUCH PARTY WAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES DAMAGES. EACH PARTY’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR DAMAGES TORT OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONOTHERWISE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE NOT EXCEED THE TOTAL AMOUNTS AMOUNT OF FEES PAID OR OWED BY CUSTOMER TO DEBTBOOK RAVACAN UNDER THIS AGREEMENT DURING THE AGREEMENT IN INITIAL TERM OR RENEWAL TERM, AS THE 12-MONTH PERIOD PRECEDING CASE MAY BE, DURING WHICH THE EVENT EVENTS GIVING RISE TO THE CLAIMSUCH LIABILITY OCCURRED. THE EXCLUSIONS AND LIMITATIONS LIMITATION OF LIABILITIES SET FORTH IN THIS SECTION DO 9 SHALL NOT APPLY TO CLAIMS PURSUANT TO A PARTY’S OBLIGATIONS UNDER SECTION 8, TO LIABILITY ARISING FROM A PARTY’S BREACH OF SECTION 10, OR TO LIABILITY ARISING FROM A PARTY’S VIOLATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL EITHER PARTY SHALL WACOM, OR ITS LICENSORS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND UNDER OR ANY THEORY OF LIABILITY, IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH USE OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGESTHE LICENSED MATERIALS, REGARDLESS OF WHETHER EITHER PARTY WAS WACOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR OTHERWISE HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH LOSSES DAMAGES. EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, COST OF REMOVAL OR DAMAGES WERE OTHERWISE FORESEEABLEREINSTALLATION, OUTSIDE COMPUTER TIME, LABOR COSTS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, OR LOSS OF USE OR INTERRUPTION OF BUSINESS. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE WACOM’S OR ITS LICENSORS’ TOTAL AGGREGATE LIABILITY OF DEBTBOOK TO YOU UNDER THIS AGREEMENT OR ARISING OUT OF OR RELATED TO YOUR USE OF THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORYLICENSED MATERIALS EXCEED FIVE HUNDRED U.S. DOLLARS (US $500). Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or limitation on how long an implied warranty lasts, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIMthe above limitations or exclusions may not apply to you. THE EXCLUSIONS DISCLAIMERS AND LIMITATIONS OF LIABILITIES SET FORTH IN THIS SECTION DO NOT AGREEMENT SHALL APPLY TO CLAIMS PURSUANT TO SECTION 8NOTWITHSTANDING THE FAILURE OR ALLEGED FAILURE OF ANY ESSENTIAL PURPOSE.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED TO THE FULLEST EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANY OTHER PROVISION IN THIS SECTIONAGREEMENT OR IN A ORDER FORM, EXCEPT FOR CUSTOMER’S PAYMENT OBLIGATIONS FOR ALL CHARGES DUE UNDER THE ORDER FORM AND EXCEPT FOR LIABILITY FOR DEATH OR BODILY INJURY, THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY TOGETHER WITH ITS AFFILIATES AND THEIR REPRESENTATIVES, SUCCESSORS AND ASSIGNS TO THE OTHER PARTY AND ITS AFFILIATES AND THEIR REPRESENTATIVES, SUCCESSORS AND ASSIGNS FOR ANY AND ALL CLAIMS, LIABILITIES, ACTIONS AND DAMAGES OF ANY NATURE WHATSOEVER INCLUDING ATTORNEYS’ FEES AND OTHER LEGAL EXPENSES, ARISING OUT OF, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER CONNECTION WITH, OR IN CONNECTION WITH RELATING TO, THIS AGREEMENT AND/OR ANY ORDER FORM, AND ANY BAA, HOWEVER CAUSED AND REGARDLESS OF THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORYTHEORY ASSERTED, INCLUDING WHETHER OUT OF BREACH OF CONTRACTCONTRACT OR WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY, AND STATUTORY LIABILITY OR OTHERWISE, FOR ANY CONSEQUENTIALSHALL NOT, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS FEES PAID OR PAYABLE TO DEBTBOOK UNDER LEIDOS FOR USE OF THE AGREEMENT PARTICULAR SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12-MONTH PERIOD PRECEDING ) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONFor clarification, these Terms do not limit our liability for fraud, fraudulent misrepresentation, death, personal injury or any other liability to the extent that applicable law would prohibit such a limitation. Limitation on Damages IN NO EVENT WILL EITHER PARTY Team Xxxxx, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR AFFILIATES, BE LIABLE UNDER OR IN CONNECTION WITH TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCEDPUNITIVE OR EXEMPLARY DAMAGES, COSTS OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES AND/OR LOST SAVINGS), WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM A BREACH OR ALLEGED BREACH OF THESE TERMS, OR PUNITIVE DAMAGES, REGARDLESS THE USE OF WHETHER EITHER PARTY WAS ANY SERVICES PROVIDED HEREUNDER. Liability Cap IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY BREACH OR ALLEGED BREACH OF THESE TERMS WITH RESPECT TO ANY CLAIMS HEREUNDER EXCEED A MAXIMUM AGGREGATE AMOUNT OF THE AMOUNT PAID BY YOU TO US DURING THE 6 MONTHS IMMEDIATELY PRECEDING THE CLAIM. Applicability THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL AND NOTWITHSTANDING THE AGGREGATE LIABILITY FAILURE OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8ESSENTIAL PURPOSE THEREOF.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONCUSTOMER AGREES THAT THE CONSIDERATION WHICH SITE IN- DUSTRIES, LLC IS CHARGING HEREUNDER DOES NOT INCLUDE CONSIDERATION FOR AS- SUMPTION BY SITE INDUSTRIES, LLC OF THE RISK OF CUSTOMER’S INCIDENTAL OR CON- SEQUENTIAL DAMAGES, AND/OR DAMAGES ARISING FROM ACTIONS COMMITTED BY A THIRD-PARTY, WHETHER OR NOT SAID DAMAGES ARE REASONABLY FORESEEABLE BY THE PARTIES. IN NO EVENT WILL SHALL EITHER PARTY BE LIABLE UNDER TO ANYONE FOR LOST PROFITS OR REVENUE OR FOR INCIDENTAL, CONSEQUENTIAL, UNITIVE, COVER, SPE- CIAL, RELIANCE OR EXEMPLARY DAMAGES, OR INDIRECT DAMAGES OF ANY TYPE OR KIND HOWEVER CAUSED, WHETHER FROM BREACH OF WARRANTY, BREACH OR REPU- DIATION OF CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL CAUSE OF ACTION FROM OR IN CONNECTION WITH THIS AGREEMENT (AND WHETHER OR NOT THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY LAW) OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, SHALL IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT DIRECT DAMAGE LIMITATIONS AS SET FORTH IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 85.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED THIS SECTION APPLIES TO LIABILITY UNDER CONTRACT (INCLUDING BREACH OF WARRANTY), TORT (INCLUDING NEGLIGENCE AND/OR STRICT LIABILITY), AND ANY OTHER LEGAL OR EQUITABLE FORM OF CLAIM. IN THE EVENT OF ANY CLAIM, ACTION, SUIT, ARBITRATION, OR OTHER PROCEEDING UNDER THIS SECTIONAGREEMENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, SYMANTEC SHALL NOT BE LIABLE FOR: (I) ANY LOSS OF PROFIT, BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS, OR (II) ANY INDIRECT OR CONSEQUENTIAL LOSS. IN NO EVENT WILL EITHER PARTY SYMANTEC BE LIABLE FOR ANY DAMAGES SUSTAINED BY YOU AND ANY THIRD PARTY FOR ANY USE OR RELIANCE ON A TEST CERTIFICATE OR TEST ROOT. NOTWITHSTANDING THE FOREGOING, SYMANTEC’S LIABILITY SHALL NOT BE LIMITED UNDER THIS SECTION 16 IN CASES OF PERSONAL INJURY OR IN CONNECTION DEATH ARISING FROM SYMANTEC’S NEGLIGENCE OR WITH THE AGREEMENT UNDER RESPECT TO ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT OTHER LIABILITY WHICH CANNOT BE EXCLUDED BY APPLICABLE LAW (INCLUDING NEGLIGENCEMANDATORY LAWS OF ANY APPLICABLE JURISDICTION). TO THE EXTENT JURISDICTIONS DO NOT ALLOW CERTAIN LIABILITY LIMITATIONS, STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED SOME OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE ABOVE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO MAY NOT APPLY TO CLAIMS PURSUANT TO SECTION 8YOU.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WE WILL EITHER PARTY NOT BE LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCEDINCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGESOTHER SIMILAR DAMAGES IN CONNECTION WITH THIS VALIDATION AGREEMENT, REGARDLESS INCLUDING ANY LOSS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES BUSINESS, PROFITS, DATA, OR DAMAGES GOODWILL OR SUCH LOSSES INTERRUPTION OR DAMAGES WERE OTHERWISE FORESEEABLEWORK STOPPAGE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT EVENT, UNDER ANY CIRCUMSTANCES, WILL THE OUR AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF IN CONNECTION WITH YOUR VALIDATION (OR RELATED TO THE AGREEMENT UNDER ANY LEGAL LACK THEREOF) OR EQUITABLE THEORYTHIS AGREEMENT, INCLUDING BREACH OF CONTRACTWHETHER FROM CONTRACT OR TORT OR OTHERWISE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS GREATER OF: (I) ANY FEES THAT YOU HAVE PAID TO DEBTBOOK UNDER THE AGREEMENT US IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY, OR (II) ONE HUNDRED ($100) U.S. DOLLARS. THESE LIMITATIONS OF LIABILITY ARE CRITICAL TO US, AND FORM AN ESSENTIAL BASIS OF THIS AGREEMENT AND OUR RELATIONSHIP WITH YOU, AND WE WOULD NOT ENTER INTO THIS AGREEMENT ON THESE TERMS IF THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO OF LIABILITY WERE NOT APPLY TO CLAIMS PURSUANT TO SECTION 8INCLUDED.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL EITHER PARTY BE LIABLE SECTION 16 APPLIES TO LIABILITY UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, CONTRACT (INCLUDING BREACH OF CONTRACTWARRANTY), TORT (INCLUDING NEGLIGENCENEGLIGENCE AND/OR STRICT LIABILITY), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY OTHER LEGAL OR EQUITABLE THEORYFORM OF CLAIM. IN THE EVENT OF ANY CLAIM, INCLUDING BREACH ACTION, SUIT, ARBITRATION, OR OTHER PROCEEDING RELATING TO SERVICES PROVIDED UNDER THIS AGREEMENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, SYMANTEC SHALL NOT BE LIABLE FOR: (I) ANY LOSS OF CONTRACTPROFIT, TORT BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS, OR (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE II) ANY INDIRECT OR CONSEQUENTIAL LOSS. SYMANTEC’S TOTAL LIABILITY FOR DAMAGES SUSTAINED BY YOU SHALL NOT EXCEED TWO TIMES THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER FOR THE AGREEMENT IN SERVICES DURING THE 12TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT EVENTS GIVING RISE TO THE CLAIM. NOTWITHSTANDING THE EXCLUSIONS AND LIMITATIONS IN FOREGOING, SYMANTEC’S LIABILITY SHALL NOT BE LIMITED UNDER THIS SECTION 16 IN CASES OF PERSONAL INJURY OR DEATH ARISING FROM SYMANTEC’S NEGLIGENCE OR WITH RESPECT TO ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED BY APPLICABLE LAW (INCLUDING MANDATORY LAWS OF ANY APPLICABLE JURISDICTION). TO THE EXTENT JURISDICTIONS DO NOT ALLOW CERTAIN LIABILITY LIMITATIONS, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CLAIMS PURSUANT TO SECTION 8YOU.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS SECTIONAGREEMENT, IN NO EVENT Figure Eight WILL EITHER PARTY NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORYTO CUSTOMER FOR INDIRECT, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR EXEMPLARY DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORYTHIS AGREEMENT, INCLUDING BREACH BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS, EVEN IF FIGURE EIGHT IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. UNDER NO CIRCUMSTANCES WILL FIGURE EIGHT’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE)TORT, STRICT LIABILITYOR OTHERWISE, AND OTHERWISE EXCEED THE TOTAL AMOUNTS AMOUNT PAID BY CUSTOMER TO DEBTBOOK FIGURE EIGHT UNDER THE AGREEMENT IN APPLICABLE ORDER FORM DURING THE 12-MONTH PERIOD TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS ALLOCATION IS REFLECTED IN THE EXCLUSIONS PRICING OFFERED BY FIGURE EIGHT TO CUSTOMER AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages; thus, the above limitation may not apply.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED 8.1 ENVOY’S REPRESENTATIONS AND WARRANTIES ARE THOSE SET FORTH IN ARTICLE 7 OF THIS SECTIONAGREEMENT. ENVOY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. IN NO EVENT WILL EITHER PARTY SHALL ENVOY BE LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, CONSEQUENTIAL OR PUNITIVE SPECIAL DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLEDAMAGES. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE ENVOY’S AGGREGATE LIABILITY TO PROVIDER UNDER THIS AGREEMENT AND WITH RESPECT TO ENVOY SERVICES, ENVOY PRODUCTS, AND ENVOY MATERIALS FURNISHED HEREUNDER (WHETHER UNDER CONTRACT, TORT, OR ANY OTHER THEORY OF DEBTBOOK ARISING OUT OF LAW OR RELATED TO THE AGREEMENT EQUITY) SHALL NOT EXCEED, UNDER ANY LEGAL CIRCUMSTANCES, THE AVERAGE MONTHLY AMOUNT PAID BY PROVIDER TO ENVOY FOR THE PARTICULAR ENVOY SERVICES, ENVOY PRODUCTS, OR EQUITABLE THEORY, INCLUDING BREACH ENVOY MATERIALS THAT ARE NOT IN COMPLIANCE WITH THE TERMS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THIS AGREEMENT. THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER FOREGOING LIMITATION OF LIABILITY REPRESENTS THE AGREEMENT ALLOCATION OF RISK OF FAILURE BETWEEN THE PARTIES AS REFLECTED IN THE 12-MONTH PERIOD PRECEDING PRICING HEREUNDER AND IS AN ESSENTIAL ELEMENT OF THE EVENT GIVING RISE TO BASIS OF THE CLAIM. BARGAIN BETWEEN THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8PARTIES.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL EITHER PARTY MAXELER AND ITS RELATED PARTIES SHALL NOT BE LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, TO YOU FOR ANY CONSEQUENTIALDIRECT, INDIRECT, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, CONSEQUENTIAL OR PUNITIVE EXEMPLARY DAMAGES, REGARDLESS INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF WHETHER EITHER PARTY WAS PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES DAMAGES) IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM: (i) THE USE OR DAMAGES THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; OR SUCH LOSSES (iii) UNAUTHORIZED ACCESS TO OR DAMAGES WERE OTHERWISE FORESEEABLEALTERATION OF YOUR CONTENT. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONANY CASE, IN NO EVENT WILL THE OUR AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AGREEMENT UNDER ANY LEGAL AMOUNT ACTUALLY PAID BY YOU TO US HEREUNDER FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR EQUITABLE THEORYTHE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, INCLUDING BREACH SOME OR ALL OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE ABOVE EXCLUSIONS AND OR LIMITATIONS IN THIS SECTION DO MAY NOT APPLY TO CLAIMS PURSUANT TO SECTION 8YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN FOR CLAIMS AND DAMAGES OF A THIRD PARTY ARISING UNDER SECTION 20 (Indemnification) RELATING TO BODILY OR MEDICAL INJURIES, SUPPLIER’S TOTAL LIABILITY UNDER THIS SECTION, AGREEMENT SHALL IN NO EVENT WILL EITHER EXCEED ** THE TOTAL FEES PAID UNDER THIS AGREEMENT DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE MANUFACTURE OF THE BATCH OR PROVISION OF THE SERVICES GIVING RISE TO THE CLAIM. SUPPLIER’S LIABILITY UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS FOR LOST, DAMAGED OR DESTROYED API OR SUPERNUS SUPPLIED MATERIALS, WHETHER OR NOT INCORPORATED INTO PRODUCT, SHALL NOT EXCEED THE MAXIMUM CREDIT VALUE IN ANY CALENDAR YEAR. NEITHER PARTY SHALL BE LIABLE UNDER OR IN CONNECTION WITH TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, OTHER PARTY FOR ANY CONSEQUENTIALINDIRECT, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCEDPUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF REVENUES, PROFITS OR PUNITIVE DAMAGESDATA ARISING OUT OF PERFORMANCE UNDER THIS AGREEMENT, REGARDLESS OF WHETHER EITHER IN CONTRACT OR IN TORT, EVEN IF SUCH PARTY WAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLEDAMAGES. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM** This portion has been redacted pursuant to a confidential treatment request. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8.EXECUTION COPY

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, 12.1 IN NO EVENT WILL EITHER PARTY SHALL SONY OR ITS SUPPLIERS BE LIABLE UNDER FOR PROSPECTIVE PROFITS, OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE BREACH OF THIS AGREEMENT BY SCEE), WHETHER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITYINDEMNITY, PRODUCT LIABILITY OR OTHERWISE. IN NO EVENT SHALL SONY'S LIABILITY ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DIRECT DAMAGES, AND OTHERWISEINCLUDING WITHOUT LIMITATION ANY LIABILITY UNDER CLAUSE 11.1, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLEEXCEED [*] . EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONSET FORTH HEREIN, IN NO EVENT WILL THE AGGREGATE LIABILITY SONY ENTITY, NOR ANY OF DEBTBOOK ARISING OUT THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, SHALL BEAR ANY RISK, OR HAVE ANY RESPONSIBILITY OR LIABILITY, OF ANY KIND TO PUBLISHER OR RELATED TO ANY THIRD PARTIES WITH RESPECT TO THE AGREEMENT UNDER ANY LEGAL FUNCTIONALITY AND/OR EQUITABLE THEORYPERFORMANCE OF LICENSED PRODUCTS. *Information has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment pursuant to Rule 406 under the Securities Act of 1933, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8as amended.

Limitations of Liability. 11.1 EXCEPT FOR LIABILITY ARISING OUT OF (1) LOUDCLOUD’S INDEMNIFICATION OBLIGATIONS OR A PARTY’S BREACH OF CONFIDENTIALITY HEREUNDER, (2) A PARTY’S INFRINGEMENT OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, OR (3) ACTS OF LICENSEE EXCEEDING THE SCOPE OF THE LICENSES GRANTED UNDER THIS LICENSE AGREEMENT, AND (4) EXCEPT FOR LICENSEE’S OBLIGATIONS TO MAKE PAYMENTS TO LOUDCLOUD AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONSET FORTH HEREUNDER, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORYPARTY’S TOTAL COMBINED, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE CUMULATIVE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE AGREEMENT “OPSWARE MAINTENANCE AGREEMENT” BETWEEN THE PARTIES OF EVEN DATE HEREWITH , UNDER ANY LEGAL THEORY OF LAW, EXCEED THE SUM OF FEES PAID OR EQUITABLE THEORY, INCLUDING PAYABLE BY LICENSEE UNDER THIS AGREEMENT DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE. IN THE CASE OF LIABILITY ARISING OUT OF ANY BREACH OF CONTRACTCONFIDENTIALITY HEREUNDER, TORT (INCLUDING NEGLIGENCE)EACH PARTY’S TOTAL COMBINED, STRICT LIABILITY, AND OTHERWISE CUMULATIVE LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIMSUM OF ****. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO EXISTENCE OF ONE OR MORE CLAIMS SHALL NOT APPLY TO CLAIMS PURSUANT TO SECTION 8EXPAND SUCH LIMIT.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONFor clarification, these Terms do not limit our liability for fraud, fraudulent misrepresentation, death, personal injury or any other liability to the extent that applicable law would prohibit such a limitation. Limitation on Damages IN NO EVENT WILL EITHER PARTY Advone Xxxxxxx Xxxxxxxx, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR AFFILIATES, BE LIABLE UNDER OR IN CONNECTION WITH TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCEDPUNITIVE OR EXEMPLARY DAMAGES, COSTS OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES AND/OR LOST SAVINGS), WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM A BREACH OR ALLEGED BREACH OF THESE TERMS, OR PUNITIVE DAMAGES, REGARDLESS THE USE OF WHETHER EITHER PARTY WAS ANY SERVICES PROVIDED HEREUNDER. Liability Cap IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY BREACH OR ALLEGED BREACH OF THESE TERMS WITH RESPECT TO ANY CLAIMS HEREUNDER EXCEED A MAXIMUM AGGREGATE AMOUNT OF THE AMOUNT PAID BY YOU TO US DURING THE 6 MONTHS IMMEDIATELY PRECEDING THE CLAIM. Applicability THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL AND NOTWITHSTANDING THE AGGREGATE LIABILITY FAILURE OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8ESSENTIAL PURPOSE THEREOF.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL SHALL EITHER PARTY BE LIABLE FOR LOST PROFITS OR BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR FOR ANY EXEMPLARY, PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATED TO DIAGNOSTIC ACCURACY AND/OR MEDICAL MALPRACTICE), REGARDLESS OF WHETHER SUCH DAMAGES ARISE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE AND REGARDLESS OF WHETHER SUCH PARTY IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. EXCEPTING INSTANCES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND THE SPECIFIC OBLIGATIONS OF IMPACT APPLICATIONS UNDER SECTION 6.1, THE AGGREGATE LIABILITY OF IMPACT APPLICATIONS FOR ANY AND ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THE THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE ITS SUBJECT MATTER SHALL NOT EXCEED THE TOTAL AMOUNTS FEES PAID TO DEBTBOOK BY CUSTOMER UNDER THIS AGREEMENT DURING THE AGREEMENT IN THE TWELVE (12-) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8DATE ON WHICH ANY SUCH CLAIM FIRST ARISES.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL EITHER PARTY BE LIABLE SECTION 16 APPLIES TO LIABILITY UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, CONTRACT (INCLUDING BREACH OF CONTRACTWARRANTY), TORT (INCLUDING NEGLIGENCENEGLIGENCE AND/OR STRICT LIABILITY), STRICT LIABILITYAND ANY OTHER LEGAL OR EQUITABLE FORM OF CLAIM. IF YOU INITIATE ANY CLAIM, ACTION, SUIT, ARBITRATION, OR OTHER PROCEEDING RELATING TO SERVICES PROVIDED UNDER THIS SUBSCRIBER AGREEMENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THAWTE SHALL NOT BE LIABLE FOR (I) ANY LOSS OF PROFIT, BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS, OR (II) ANY INDIRECT OR CONSEQUENTIAL LOSS. XXXXXX'S TOTAL LIABILITY FOR DAMAGES SUSTAINED BY YOU AND OTHERWISE, ANY THIRD PARTY FOR ANY CONSEQUENTIALUSE OR RELIANCE ON A CERTIFICATE SHALL BE LIMITED, INCIDENTALIN THE AGGREGATE, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF TO TWO TIMES THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLEAMOUNT PAID FOR THE CERTIFICATE. EXCEPT AS EXPRESSLY OTHERWISE THE LIABILITY LIMITATIONS PROVIDED IN THIS SECTIONSECTION 16 SHALL BE THE SAME REGARDLESS OF THE NUMBER OF DIGITAL SIGNATURES, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF TRANSACTIONS, OR CLAIMS RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE SUCH CERTIFICATE. TO THE CLAIM. EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITY LIMITATIONS, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO MAY NOT APPLY TO CLAIMS PURSUANT TO SECTION 8YOU.

Limitations of Liability. EXCEPT AS THE OBLIGATIONS OF LICENSOR ARE EXPRESSLY OTHERWISE PROVIDED LIMITED TO THE FOREGOING PROVISIONS. THESE PROVISIONS CONTAIN THE FULL AND EXCLUSIVE WARRANTIES AND REMEDIES IN THIS SECTIONFAVOR OF END-USER AND ANY THIRD PARTY, AND ARE IN LIEU OF ALL OTHER REMEDIES AND WARRANTIES – WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE OR USE. IN NO EVENT WILL EITHER PARTY LICENSOR BE LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCEDINDIRECT OR INCIDENTAL DAMAGES; NOR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLEPROFITS. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL LICENSOR TOTAL LIABILITY FOR ANY DAMAGES IN ANY ACTION (BASED ON CONTRACT OR TORT OR OTHERWISE) ARISING FROM THE AGGREGATE LIABILITY DELIVERY, INSTALLATION, USE AND PERFORMANCE OF DEBTBOOK ARISING OUT ANY OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE SOLUTION MODULES EXCEED THE TOTAL AMOUNTS AMOUNT ACTUALLY PAID TO DEBTBOOK UNDER LICENSOR PURSUANT TO THIS AGREEMENT DURING THE AGREEMENT IN THE 12-TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TERM PRIOR TO THE CLAIMOCCURRENCE OF SUCH DAMAGES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS AND LIMITATIONS SPECIFIED IN THIS SECTION DO NOT 7 WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS XXXX IS FOUND TO CLAIMS PURSUANT TO SECTION 8HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL EITHER PARTY BE LIABLE SECTION APPLIES TO LIABILITY UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, CONTRACT (INCLUDING BREACH OF CONTRACTWARRANTY), TORT (INCLUDING NEGLIGENCENEGLIGENCE AND/OR STRICT LIABILITY), STRICT LIABILITYAND ANY OTHER LEGAL OR EQUITABLE FORM OF CLAIM. IN THE EVENT OF ANY CLAIM, AND OTHERWISEACTION, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCEDSUIT, OR PUNITIVE DAMAGESOTHER PROCEEDING ARISING FROM THE SERVICES PROVIDED UNDER THIS AGREEMENT, REGARDLESS TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY SHALL NOT BE LIABLE FOR (I) ANY LOSS OF WHETHER EITHER PROFIT, BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS, OR (II) ANY INDIRECT OR CONSEQUENTIAL LOSS. COMPANY'S TOTAL LIABILITY FOR DAMAGES SUSTAINED BY YOU AND ANY THIRD PARTY WAS ADVISED OF UNDER THIS AGREEMENT SHALL BE LIMITED, IN THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE AGGREGATE, TO TWO THOUSAND USD.THE LIABILITY LIMITATIONS PROVIDED IN THIS SECTIONSECTION SHALL BE THE SAME REGARDLESS OF THE NUMBER OF DIGITAL SIGNATURES, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF TRANSACTIONS, OR CLAIMS RELATED TO THIS AGREEMENT. NOTWITHSTANDING THE AGREEMENT FOREGOING, COMPANY'S LIABILITY SHALL NOT BE LIMITED UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY IN CASES OF PERSONAL INJURY OR DEATH ARISING FROM COMPANY'S NEGLIGENCE OR WITH RESPECT TO CLAIMS PURSUANT TO SECTION 8.ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED BY APPLICABLE LAW

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL EITHER PARTY BE LIABLE SECTION 16 APPLIES TO LIABILITY UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, CONTRACT (INCLUDING BREACH OF CONTRACTWARRANTY), TORT (INCLUDING NEGLIGENCENEGLIGENCE AND/OR STRICT LIABILITY), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY OTHER LEGAL OR EQUITABLE THEORYFORM OF CLAIM. IN THE EVENT OF ANY CLAIM, INCLUDING BREACH ACTION, SUIT, ARBITRATION, OR OTHER PROCEEDING RELATING TO SERVICES PROVIDED UNDER THIS AGREEMENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, SYMANTEC SHALL NOT BE LIABLE FOR: (I) ANY LOSS OF CONTRACTPROFIT, TORT BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS, OR (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE II) ANY INDIRECT OR CONSEQUENTIAL LOSS. SYMANTEC'S TOTAL LIABILITY FOR DAMAGES SUSTAINED BY YOU SHALL NOT EXCEED TWO TIMES THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER FOR THE AGREEMENT IN SERVICES DURING THE 12TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT EVENTS GIVING RISE TO THE CLAIM. NOTWITHSTANDING THE EXCLUSIONS AND LIMITATIONS IN FOREGOING, SYMANTEC'S LIABILITY SHALL NOT BE LIMITED UNDER THIS SECTION 16 IN CASES OF PERSONAL INJURY OR DEATH ARISING FROM SYMANTEC'S NEGLIGENCE OR WITH RESPECT TO ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED BY APPLICABLE LAW (INCLUDING MANDATORY LAWS OF ANY APPLICABLE JURISDICTION). TO THE EXTENT JURISDICTIONS DO NOT ALLOW CERTAIN LIABILITY LIMITATIONS, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CLAIMS PURSUANT TO SECTION 8YOU.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED THE LIMITATIONS OF LIABILITY SET FORTH IN SECTION 25 OF THE CONTRACT APPLY TO THIS AGREEMENT AND ARE HEREBY INCORPORATED BY REFERENCE HEREIN. FOR PURPOSES OF CLARITY, CLAIMS OF ANY KIND (WHETHER BASED IN CONTRACT, INDEMNITY, WARRANTY, TORT, STRICT LIABILITY OR OTHWERWISE MADE OR ALLEGED UNDER THIS AGREEMENT WILL BE DEEMED TO BE CLAIMS UNDER THE CONTRACT (AND CLAIMS OF ANY KIND UNDER THE CONTRACT WILL BE DEEMED TO BE CLAIMS UNDER THIS AGREEMENT) AND PAYMENTS WITH RESPECT THERETO WILL COUNT TOWARD A PARTY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS SECTION 12.2 AND SECTION 25 OF THE CONTRACT. THE PARTIES AGREE THAT THE LIABILITY AND WARRANTY LIMITATIONS SET FORTH IN THIS SECTION, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH AGREEMENT AND THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH CONTRACT ARE A REASONABLE ALLOCATION OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, RISK AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF LIABILITY CONSIDERING THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIMRESPECTIVE BENEFITS OBTAINED HEREUNDER. THE EXCLUSIONS AND FOREGOING LIMITATIONS IN THIS SECTION DO NOT SHALL APPLY TO CLAIMS PURSUANT TO SECTION 8NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN a. IT IS AGREED THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, CLIENT WILL LIMIT WCG’s TOTAL AGGREGATE LIABILITY TO CLIENT TO $50,000 OR THE AMOUNT OF WCG’s FEE WHICH HAS BEEN ACTUALLY PAID TO AND RECEIVED BY WCG, WHICHEVER IS LESS, FOR ANY AND ALL INJURIES, CLAIMS, LOSSES EXPENSES OR CLAIM EXPENSES (INCLUDING ATTORNEY’S AND EXPERT WITNESS FEES) ARISING OUT OF THIS SECTIONAGREEMENT OR THE SERVICES TO BE PERFORMED PURSUANT TO THIS AGREEMENT FROM ANY CAUSE OR CAUSES. SUCH CAUSES INCLUDE, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORYBUT ARE NOT LIMITED TO, INCLUDING WCG’S NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT STATUTORY LIABILITY, BREACH OF WARRANTY, NEGLIGENT MISREPRESENTATIONS, ENVIRONMENTAL LIABILITY OR OTHER ACTS GIVING RISE TO LIABILITY BASED UPON CONTRACT, TORT OR STATUTE. IT IS EXPRESSLY AGREED THAT THE REMEDY STATED HEREIN IS THE CLIENT’S EXCLUSIVE AND OTHERWISE, SOLE REMEDY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK DAMAGE(S) ARISING OUT OF THIS AGREEMENT OR RELATED SERVICES TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS BE PERFORMED PURSUANT TO SECTION 8THIS AGREEMENT.

Limitations of Liability. EXCEPT AS EXPRESSLY EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL EITHER PARTY BE LIABLE AND REGARDLESS OF WHETHER A CLAIM ARISES UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, STRICT LIABILITYLIABILITY OR OTHERWISE, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, WHETHER OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS NOT BAXENERGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES LOSS OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONDAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY SHALL BAXENERGY BE LIABLE FOR: (i) ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT KIND (INCLUDING NEGLIGENCELOSS OF USE, DATA, BUSINESS OR PROFITS); (ii) CLAIMS THAT ARE COVERED BY THE INSURANCE POLICIES SPECIFIED IN SECTION 3, STRICT LIABILITYAS CARRIED BY BAXENERGY, AND OTHERWISE SHALL BAXENERGY’s TOTAL LIABILITY EXCEED THE COVERAGE AMOUNTS SPECIFIED THEREIN; NOR (iii) CLAIMS THAT ARE NOT COVERED BY THE INSURANCE POLICIES SPECIFIED IN SECTION 3, AS CARRIED BY BAXENERGY, SHOULD BAXENERGY’s TOTAL CUMULATIVE LIABILITY HEREUNDER EXCEED THE TOTAL AMOUNTS LICENSE FEES PAID BY LICENSEE TO DEBTBOOK BAXENERGY UNDER THE THIS AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIMOR ONE HUNDRED THOUSAND EUROS (€100,000), WHICHEVER IS LESS. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8The parties expressly agree that the allocation of risk contained in this Section is an essential basis of this Agreement.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED NOTWITHSTANDING ANYTHING TO THE CONTRARY ANYWHERE IN THIS SECTIONAGREEMENT, MILLENNIUM'S EXCLUSIVE REMEDY AND THE COMPANY'S LIMIT OF LIABILITY FOR ANY AND ALL PRODUCT WARRANTY CLAIMS HEREUNDER, SHALL BE FOR THE REPLACEMENT OF THE PARTICULAR PRODUCT WITH RESPECT TO WHICH SUCH CLAIMS ARE ASSERTED UNDER SECTION 3(B). EXCEPT FOR OBLIGATIONS OF INDEMNITY FOR THIRD PARTY CLAIMS NOT LIMITED BY THE PRECEDING SENTENCE, IN NO EVENT WILL SHALL EITHER PARTY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM THE PRODUCT OR ANY OTHER ACTIVITIES OF THE PARTIES UNDER THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY ANYWHERE IN THIS AGREEMENT, THE TOTAL LIABILITY THAT THE COMPANY WILL HAVE TO MILLENNIUM UNDER OR IN CONNECTION WITH THE AGREEMENT OR RELATED IN ANY MANNER TO THIS AGREEMENT, OTHER THAN PURSUANT TO A SALE TRANSACTION UNDER SECTION 6(e), (UNDER ANY LEGAL OR EQUITABLE THEORYTHEORY OF LIABILITY, INCLUDING AND INCLUDING, WITHOUT LIMITATION, ON ACCOUNT OF DAMAGES FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCEDTORT, OR PUNITIVE DAMAGES, REGARDLESS OTHERWISE) SHALL NEVER EXCEED AN AGGREGATE OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT $5 MILLION (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8FIVE MILLION) DOLLARS.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONFor clarification, these Terms do not limit our liability for fraud, fraudulent misrepresentation, death, personal injury or any other liability to the extent that applicable law would prohibit such a limitation. Limitation on Damages IN NO EVENT WILL EITHER PARTY Xxxx Xxxx Xxx, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR AFFILIATES, BE LIABLE UNDER OR IN CONNECTION WITH TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCEDPUNITIVE OR EXEMPLARY DAMAGES, COSTS OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES AND/OR LOST SAVINGS), WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM A BREACH OR ALLEGED BREACH OF THESE TERMS, OR PUNITIVE DAMAGES, REGARDLESS THE USE OF WHETHER EITHER PARTY WAS ANY SERVICES PROVIDED HEREUNDER. Liability Cap IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY BREACH OR ALLEGED BREACH OF THESE TERMS WITH RESPECT TO ANY CLAIMS HEREUNDER EXCEED A MAXIMUM AGGREGATE AMOUNT OF THE AMOUNT PAID BY YOU TO US DURING THE 6 MONTHS IMMEDIATELY PRECEDING THE CLAIM. Applicability THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL AND NOTWITHSTANDING THE AGGREGATE LIABILITY FAILURE OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8ESSENTIAL PURPOSE THEREOF.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED a. No Indirect Damages. NOTWITHSTANDING ANY TERM OR PROVISION CONTAINED IN THIS SECTIONAGREEMENT, IN NO EVENT WILL EITHER PARTY WHATSOEVER SHALL THE IFF BE LIABLE UNDER TO YOU OR IN CONNECTION WITH THE AGREEMENT UNDER TO ANY LEGAL OTHER PERSON, FIRM OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITYCORPORATION, AND OTHERWISEYOU SPECIFICALLY WAIVE ANY CLAIM, FOR ANY CONSEQUENTIALINDIRECT, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCEDCONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, REGARDLESS OR OTHER SIMILAR TYPE OF DAMAGES, INCLUDING YET NOT LIMITED TO DAMAGES BASED UPON LOSS OF PROFITS AND/OR LOSS OF BUSINESS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE PERFORMANCE THEREOF, THE USE OF THE MATERIALS PROMISED OR MADE AVAILABLE PURSUANT TO THIS AGREEMENT, AND/OR AN ALLEGED BREACH OF THIS AGREEMENT, WHETHER EITHER PARTY WAS ADVISED OR NOT THE IFF IS INFORMED, KNEW OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH LOSSES DAMAGES IN ADVANCE. BECAUSE SOME STATES OR DAMAGES NATIONS MAY NOT PERMIT THE EXCLUSION OR SUCH LOSSES LIMITATION OF LIABILITY FOR SPECIAL CONSEQUENTIAL OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONINCIDENTAL DAMAGES, IN NO EVENT WILL THE AGGREGATE SUCH STATES OR NATIONS, LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED IS LIMITED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8FULLEST EXTENT PERMITTED BY LAW.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT NEITHER PARTY WILL EITHER PARTY BE LIABLE OR OBLIGATED TO THE OTHER PARTY UNDER OR IN CONNECTION WITH THE THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIALSPECIAL, INDIRECT, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIALPUNITIVE, ENHANCEDRELIANCE OR CONSEQUENTIAL DAMAGES, OR PUNITIVE DAMAGESLOSS OF PROFITS, REVENUE, DATA OR USE, REGARDLESS OF WHETHER EITHER THE LEGAL THEORY UPON WHICH SUCH CLAIM IS BASED, EVEN IF THE OTHER PARTY WAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLEDAMAGES. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONNOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, (A) IN NO EVENT WILL THE AGGREGATE PINGMD’S TOTAL CUMULATIVE LIABILITY FOR ALL OF DEBTBOOK ARISING OUT PINGMD’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000), AND (B) IN NO EVENT WILL PINGMD’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT FROM ALL OTHER CAUSES OF OR RELATED TO THE AGREEMENT UNDER ACTION OF ANY LEGAL OR EQUITABLE THEORYKIND, INCLUDING BREACH OF TORT, CONTRACT, TORT (INCLUDING NEGLIGENCE), NEGLIGENCE AND STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS LESSER OF (I) TEN THOUSAND DOLLARS (US$10,000); OR (II) THE CUMULATIVE FEES PAID BY CLIENT TO DEBTBOOK UNDER PINGMD DURING THE AGREEMENT IN THE TWELVE (12-) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIMSUCH LIABILITY. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8The Parties agree that the foregoing limitations of liability are essential elements of the bargain and that in the absence of such limitations, the financial and other terms of this Agreement would be substantially different.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONFor clarification, these Terms do not limit our liability for fraud, fraudulent misrepresentation, death, personal injury or any other liability to the extent that applicable law would prohibit such a limitation. Limitation on Damages IN NO EVENT WILL EITHER PARTY Xxxx Xxxxxxx, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR AFFILIATES, BE LIABLE UNDER OR IN CONNECTION WITH TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCEDPUNITIVE OR EXEMPLARY DAMAGES, COSTS OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES AND/OR LOST SAVINGS), WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM A BREACH OR ALLEGED BREACH OF THESE TERMS, OR PUNITIVE DAMAGES, REGARDLESS THE USE OF WHETHER EITHER PARTY WAS ANY SERVICES PROVIDED HEREUNDER. Liability Cap IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY BREACH OR ALLEGED BREACH OF THESE TERMS WITH RESPECT TO ANY CLAIMS HEREUNDER EXCEED A MAXIMUM AGGREGATE AMOUNT OF THE AMOUNT PAID BY YOU TO US DURING THE 6 MONTHS IMMEDIATELY PRECEDING THE CLAIM. Applicability THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL AND NOTWITHSTANDING THE AGGREGATE LIABILITY FAILURE OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8ESSENTIAL PURPOSE THEREOF.

Limitations of Liability. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTIONFor clarification, these Terms do not limit our liability for fraud, fraudulent misrepresentation, death, personal injury or any other liability to the extent that applicable law would prohibit such a limitation. Limitation on Damages IN NO EVENT WILL EITHER PARTY Xxxxx Xxxxx Coaching, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR AFFILIATES, BE LIABLE UNDER OR IN CONNECTION WITH TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCEDPUNITIVE OR EXEMPLARY DAMAGES, COSTS OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES AND/OR LOST SAVINGS), WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM A BREACH OR ALLEGED BREACH OF THESE TERMS, OR PUNITIVE DAMAGES, REGARDLESS THE USE OF WHETHER EITHER PARTY WAS ANY SERVICES PROVIDED HEREUNDER. Liability Cap IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY BREACH OR ALLEGED BREACH OF THESE TERMS WITH RESPECT TO ANY CLAIMS HEREUNDER EXCEED A MAXIMUM AGGREGATE AMOUNT OF THE AMOUNT PAID BY YOU TO US DURING THE 6 MONTHS IMMEDIATELY PRECEDING THE CLAIM. Applicability THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL AND NOTWITHSTANDING THE AGGREGATE LIABILITY FAILURE OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8ESSENTIAL PURPOSE THEREOF.