Common use of Disclaimer of Certain Damages Clause in Contracts

Disclaimer of Certain Damages. IN NO EVENT WILL HTC OR ANY SUPPLIER OR LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE APPLICATION, EVEN IF HTC OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 MAY NOT APPLY TO YOU.

Disclaimer of Certain Damages. XOMETRY SHALL NOT IN NO ANY EVENT WILL HTC OR ANY SUPPLIER OR LICENSOR BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE , SPECIAL OR EXEMPLARY DAMAGES; , OR FOR ANY LOSS OF PROFITS, BUSINESSREVENUES, BUSINESS OPPORTUNITIES OR FOR LOSS OF INCOME, BARGAIN, REVENUE, CONTRACTS, GOODWILL, ANTICIPATED SAVINGSUSE, ENJOYMENT, TIME, DATA, OR ELECTRONICALLY TRANSMITTED ORDERS OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE; LOSS , BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATIONSERVICES, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; OR PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH DAMAGE OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY EMOTIONAL DISTRESS, WHETHER OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE APPLICATION, EVEN IF HTC OR ANY SUPPLIER OR LICENSOR NOT XOMETRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW , ARISING OUT OF OR IN CONNECTION WITH: (1) THIS AGREEMENT OR THE EXCLUSION USE OR LIMITATION INABILITY TO USE THE WEBSITE OR SERVICES; (2) THE COST OF INCIDENTAL PROCUREMENT OF SUBSTITUTE GOODS OR CONSEQUENTIAL DAMAGESERVICES RESULTING FROM ANY GOODS, LOSSPARTS, DATA, INFORMATION OR LIABILITY FROM INTENTIONAL ACTS SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE OR SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, SPECIFICATIONS, TOLERANCES OR DATA; (4) YOUR PARTS; OR (5) ANY OTHER MATTER RELATED TO THE WEBSITE AND SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTSNEGLIGENCE), PRODUCT LIABILITY, LIABILITY OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 MAY NOT APPLY TO YOUOTHER LEGAL THEORY.

Disclaimer of Certain Damages. IN NO EVENT WILL HTC VIVEPORT OR ANY SUPPLIER OR LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE APPLICATIONSERVICES, EVEN IF HTC VIVEPORT OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 10 12 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 12 MAY NOT APPLY TO YOU.

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HTC OR ANY SUPPLIER OR LICENSOR SHALL COMPANY PARTIES BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESSREVENUE OR DATA, GOODWILLINDIRECT, ANTICIPATED SAVINGSINCIDENTAL, SPECIAL, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATIONCONSEQUENTIAL DAMAGES, OR OTHER INFORMATION; DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS , OR PROCUREMENT OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH SUBSTITUTE GOODS OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY SERVICES, IN EACH CASE WHETHER OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE APPLICATION, EVEN IF HTC OR ANY SUPPLIER OR LICENSOR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW , ARISING OUT OF OR IN CONNECTION WITH THE EXCLUSION AGREEMENT OR LIMITATION ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF INCIDENTAL COMPANY PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR CONSEQUENTIAL DAMAGEINABILITY TO USE COMPANY PROPERTIES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, LOSSDATA, INFORMATION OR LIABILITY FROM INTENTIONAL ACTS SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH COMPANY PROPERTIES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON COMPANY PROPERTIES; OR (e) ANY OTHER MATTER RELATED TO COMPANY PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTSNEGLIGENCE), PRODUCT LIABILITY, LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (i) DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, FOR (ii) ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 MAY NOT APPLY TO YOUINJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL HTC OR ANY SUPPLIER OR LICENSOR SHALL COMPANY PARTIES BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESSREVENUE OR DATA, GOODWILLINDIRECT, ANTICIPATED SAVINGSINCIDENTAL, SPECIAL, OR USE; LOSS CONSEQUENTIAL DAMAGES ARISING OUT OF OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATIONIN CONNECTION WITH COMPANY PROPERTIES, OR OTHER INFORMATION; DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS , PROCUREMENT OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH SUBSTITUTE GOODS OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY SERVICES, WHETHER OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE APPLICATION, EVEN IF HTC OR ANY SUPPLIER OR LICENSOR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW , ARISING OUT OF OR IN CONNECTION WITH THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSSTERMS, OR LIABILITY FROM INTENTIONAL ACTS ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF COMPANY PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE COMPANY PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH COMPANY PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON COMPANY PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO COMPANY PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTSNEGLIGENCE), PRODUCT LIABILITY, LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, FOR (B) ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 MAY NOT APPLY TO YOUINJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL HTC OR ANY SUPPLIER OR LICENSOR SHALL COMPANY PARTIES BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESSREVENUE OR DATA, GOODWILLINDIRECT, ANTICIPATED SAVINGSINCIDENTAL, SPECIAL, EXEMPLARY, OR USE; LOSS CONSEQUENTIAL DAMAGES ARISING OUT OF OR CORRUPTION OF DATAIN CONNECTION WITH A KIT, CONFIDENTIAL INFORMATIONCOMPANY PROPERTIES OR OUTPUTS, OR OTHER INFORMATION; DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION; , PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR PERSONAL INJURY; OR PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH DAMAGE OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY EMOTIONAL DISTRESS, WHETHER OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE APPLICATION, EVEN IF HTC OR ANY SUPPLIER OR LICENSOR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW , ARISING OUT OF OR IN CONNECTION WITH THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSSTERMS, OR LIABILITY FROM INTENTIONAL ACTS ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF KITS, COMPANY PROPERTIES OR OUTPUTS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE OUTPUTS OR COMPANY PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH COMPANY PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON COMPANY PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO COMPANY PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTSNEGLIGENCE), PRODUCT LIABILITY, LIABILITY OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 MAY NOT APPLY TO YOUOTHER LEGAL THEORY.

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HTC SHALL TPF, ITS AFFILIATES, REPRESENTATIVES OR ANY SUPPLIER OR LICENSOR AGENTS (“TPF PARTIES”) BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESSREVENUE OR DATA, GOODWILLINDIRECT, ANTICIPATED SAVINGSINCIDENTAL, SPECIAL, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATIONCONSEQUENTIAL DAMAGES, OR OTHER INFORMATION; DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS , OR PROCUREMENT OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH SUBSTITUTE GOODS OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY SERVICES, IN EACH CASE WHETHER OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE APPLICATION, EVEN IF HTC OR ANY SUPPLIER OR LICENSOR NOT TPF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW , ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR USE OF THE EXCLUSION TPF PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR LIMITATION INABILITY TO USE TPF PROPERTIES; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF INCIDENTAL YOUR TRANSMISSIONS OR CONSEQUENTIAL DAMAGEDATA; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON TPF PROPERTIES; OR (d) ANY OTHER MATTER RELATED TO TPF PROPERTIES, LOSSWHETHER BASED ON WARRANTY, OR LIABILITY FROM INTENTIONAL ACTS COPYRIGHT, CONTRACT, TORT (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTSNEGLIGENCE), PRODUCT LIABILITY, LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A TPF PARTY FOR (i) DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, INJURY CAUSED BY A TPF PARTY’S NEGLIGENCE; OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, FOR (ii) ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 MAY NOT APPLY TO YOUINJURY CAUSED BY A TPF PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HTC OR ANY SUPPLIER OR LICENSOR SHALL ZAPPER PARTIES BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESSETHEREUM OR OTHER VIRTUAL CURRENCY, GOODWILLREVENUE OR DATA, ANTICIPATED SAVINGSINDIRECT, INCIDENTAL, SPECIAL, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATIONCONSEQUENTIAL DAMAGES, OR OTHER INFORMATION; DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS , OR PROCUREMENT OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH SUBSTITUTE GOODS OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY SERVICES, IN EACH CASE WHETHER OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE APPLICATION, EVEN IF HTC OR ANY SUPPLIER OR LICENSOR NOT ZAPPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW , ARISING OUT OF OR IN CONNECTION WITH THE EXCLUSION AGREEMENT OR LIMITATION ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF INCIDENTAL ZAPPER PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR CONSEQUENTIAL DAMAGEINABILITY TO USE ZAPPER PROPERTIES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, LOSSDATA, INFORMATION OR LIABILITY FROM INTENTIONAL ACTS SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH ZAPPER PROPERTIES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ZAPPER PROPERTIES; OR (e) ANY OTHER MATTER RELATED TO ZAPPER PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTSNEGLIGENCE), PRODUCT LIABILITY, LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A ZAPPER PARTY FOR (i) DEATH OR PERSONAL INJURY. NOTHING INJURY CAUSED BY A ZAPPER PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A ZAPPER PARTY’S FRAUD OR FRAUDULENT XXXXXXXXXXXXXXXXX.XX: ZAPPER DOES NOT IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY WHICH FOR (i) DEATH OR PERSONAL INJURY CAUSED BY ZAPPER’S NEGLIGENCE; (ii) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (iii) ANY OTHER LIABILITY THAT CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 MAY NOT APPLY TO YOUBY ENGLISH OR EU LAW.

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HTC OR ANY SUPPLIER OR LICENSOR SHALL VERIFIED INC. PARTIES BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESSREVENUE OR DATA, GOODWILLINDIRECT, ANTICIPATED SAVINGSINCIDENTAL, SPECIAL, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATIONCONSEQUENTIAL DAMAGES, OR OTHER INFORMATION; DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS , OR PROCUREMENT OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH SUBSTITUTE GOODS OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY SERVICES, IN EACH CASE WHETHER OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE APPLICATION, EVEN IF HTC OR ANY SUPPLIER OR LICENSOR NOT Verified Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR INABILITY TO USE THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (e) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR FOREGOING LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS SHALL NOT APPLY TO LIABILITY OF AN VERIFIED INC. PARTY FOR (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR i) DEATH OR PERSONAL INJURYINJURY CAUSED BY AN VERIFIED INC. NOTHING IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONSPARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY AN VERIFIED INC. IF YOU LIVE, PARTY’S FRAUD OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 MAY NOT APPLY TO YOUFRAUDULENT MISREPRESENTATION.

Disclaimer of Certain Damages. IN NO EVENT WILL HTC SHALL SAMSUNG OR ANY SUPPLIER OR LICENSOR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL; , SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGSEXEMPLARY, OR USE; LOSS PUNITIVE DAMAGES OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE APPLICATIONLOST PROFITS, EVEN IF HTC SAMSUNG OR ANY SUPPLIER OR LICENSOR HAS ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION WILL APPLY REGARDLESS OF THE EXCLUSION OR LIMITATION THEORY OF INCIDENTAL OR CONSEQUENTIAL DAMAGELIABILITY, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING WHETHER FRAUD, FRAUDULENT MISREPRESENTATIONM ISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS)BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, INFRINGEMENT OR ANY OTHER THEORIES, EVEN IF SAMSUNG OR ITS LICENSORS H AVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT YOU HEREBY WAIVE ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS FROM SAMSUNG AND ITS LICENSORS. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT SAMSUNG WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR DEATH SUCH CLAIM. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR PERSONAL INJURY. NOTHING IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. LOSS IF YOU LIVE, ALLOW ANYONE (SUCH AS ANOTHER USER OR ARE OTHERWISE SUBJECT A MERCHANT) TO USE OR HANDLE YOUR DEVICE OR SAMSUNG PAY. NOTWITHSTANDING ANYTHING TO THE LAWS IN ONE OF THOSE JURISDICTIONSCONTRARY CONTAINED HEREIN, ANY STATUTORY ENTITLEMENT AVAILABLE SAMSUNG’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE OF ACTION WILL AT ALL TIMES BE DEEMED LIMITED TO THE EXTENT LESSER OF (IF AT ALLA) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 MAY NOT APPLY TO YOUYOUR ACTUAL LOSS; OR (B) $1,000 (ONE THOUSAND DOLLARS).

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HTC OR ANY SUPPLIER OR LICENSOR SHALL CASTLE PARTIES BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESSREVENUE OR DATA, GOODWILLINDIRECT, ANTICIPATED SAVINGSINCIDENTAL, SPECIAL, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATIONCONSEQUENTIAL DAMAGES, OR OTHER INFORMATION; DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS , OR PROCUREMENT OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH SUBSTITUTE GOODS OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY SERVICES, IN EACH CASE WHETHER OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE APPLICATION, EVEN IF HTC OR ANY SUPPLIER OR LICENSOR NOT CASTLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW , ARISING OUT OF OR IN CONNECTION WITH THE EXCLUSION AGREEMENT OR USE OF SERVICES (INCLUDING THE CASTLE SMART CONTRACT) OR ANY COMMUNICATIONS, INTERACTIONS OR EXCHANGES WITH OTHER USERS OF SERVICES OR THIRD PARTIES THAT INTERACT WITH THE SERVICES, ON ANY THEORY OF LIABILITY, INCLUDING ANY SUCH DAMAGES RESULTING FROM: (a) LOSS OR DIMINISHMENT IN VALUE OF USER ASSETS, (b) THE USE OR INABILITY TO USE SERVICES; (c) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH SERVICES; (d) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (e) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY THIRD-PART POOL; (f) ANY USE OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSSTHE CASTLE SMART CONTRACT, OR LIABILITY FROM INTENTIONAL ACTS (g) ANY OTHER MATTER RELATED TO SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTSNEGLIGENCE), PRODUCT LIABILITY, LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A CASTLE PARTY FOR (i) DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, INJURY CAUSED BY A CASTLE PARTY’S NEGLIGENCE; OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, FOR (ii) ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 MAY NOT APPLY TO YOUINJURY CAUSED BY A CASTLE PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Disclaimer of Certain Damages. NOTWITHSTANDING ANYTHING IN NO EVENT WILL HTC THIS AGREEMENT, AN ORDER FORM OR, IF APPLICABLE THE SURVIVING EXISTING AGREEMENT PROVISIONS TO THE CONTRARY, NEITHER LICENSOR NOR ITS AFFILIATES, NOR ITS OR ANY SUPPLIER THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS OR LICENSOR REPRESENTATIVES SHALL BE LIABLE TO LICENSEE OR ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES FOR ANY INDIRECT, CONSEQUENTIAL; SPECIAL; , INCIDENTAL; INDIRECT; , RELIANCE, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES; FOR LOSS OF , INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DAMAGES FOR HARM TO BUSINESS, GOODWILLLOST SAVINGS OR LOST REVENUES, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVERRESULTING FROM, ARISING OUT OFOF OR OTHERWISE IN CONNECTION WITH THE SOFTWARE, BASED ONTHE DOCUMENTATION OR OTHER PRODUCTS, RESULTING FROM INFORMATION, MATERIALS OR IN ANY WAY RELATED TO SERVICES PROVIDED BY OR ON BEHALF OF LICENSOR OR THIS AGREEMENT, AN ORDER FORM OR, IF APPLICABLE THE SURVIVING EXISTING AGREEMENT PROVISIONS, REGARDLESS OF THE FORM OF THE ACTION OR THE APPLICATIONTHEORY OF RECOVERY, EVEN IF HTC OR ANY SUPPLIER OR LICENSOR SUCH PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW IN NO EVENT WILL LICENSOR OR ITS AFFILIATES (OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES) BE LIABLE FOR (A) ANY LOSS OF DATA OR INABILITY TO ACCESS DATA OR (B) ANY LOSS OR DAMAGES INCURRED BY LICENSEE, ITS AUTHORIZED USERS OR ANY THIRD-PARTY, IN EACH CASE, WHETHER AS A RESULT OF A SECURITY BREACH OF LICENSEE’S NETWORK, ANY FAILURE OR BREACH OF LICENSEE’S INTERNAL SECURITY PROTOCOLS RELATING TO LICENSEE’S AND ITS AUTHORIZED USERS’ ACCESS TO AND USE OF THE EXCLUSION SOFTWARE AND THE DOCUMENTATION OR LIMITATION OTHERWISE. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, AN ORDER FORM OR, IF APPLICABLE THE SURVIVING EXISTING AGREEMENT PROVISIONS TO THE CONTRARY, NEITHER LICENSOR NOR ITS AFFILIATES NOR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES SHALL BE LIABLE IN ANY RESPECT FOR ANY LOSSES (AS SUCH TERM IS DEFINED IN SECTION 10.1) RESULTING FROM, ARISING OUT OF INCIDENTAL OR CONSEQUENTIAL DAMAGEOTHERWISE RELATING TO (I) ANY PERSONAL INJURY, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVEPROPERTY DAMAGE OF ANY NATURE WHATSOEVER OR (II) ANY COMBINATION, OPERATION OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE USE OF THOSE JURISDICTIONSANY TECHNOLOGY, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW ANDSOFTWARE, IF LIMITATION IS HARDWARE, FIRMWARE, DEVICE, SYSTEM OR NETWORK NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 MAY NOT APPLY TO YOUPROVIDED BY LICENSOR.

Disclaimer of Certain Damages. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT WILL HTC OR ANY SUPPLIER OR LICENSOR SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, CONSEQUENTIAL; SPECIAL; , INCIDENTAL; INDIRECT; , RELIANCE, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES; FOR LOSS OF , INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DAMAGES FOR HARM TO BUSINESS, GOODWILLLOST SAVINGS OR LOST REVENUES, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVERRESULTING FROM, ARISING OUT OFOF OR OTHERWISE IN CONNECTION WITH THE SOFTWARE, BASED ONTHE DOCUMENTATION OR THIS AGREEMENT, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT REGARDLESS OF THE FORM OF THE ACTION OR THE APPLICATIONTHEORY OF RECOVERY (INCLUDING, WITHOUT LIMITATION, TORT, NEGLIGENCE AND STRICT LIABILITY), EVEN IF HTC OR ANY SUPPLIER OR LICENSOR THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, LICENSOR SHALL NOT ALLOW THE EXCLUSION BE LIABLE IN ANY RESPECT FOR ANY LOSSES (AS SUCH TERM IS DEFINED IN SECTION 10.1) RESULTING FROM, ARISING OUT OF OR LIMITATION OTHERWISE RELATING TO (A) ANY PERSONAL INJURY, DEATH OR PROPERTY DAMAGE OF INCIDENTAL ANY NATURE WHATSOEVER OR CONSEQUENTIAL DAMAGE(B) ANY COMBINATION, LOSSOPERATION OR USE OF ANY TECHNOLOGY, SOFTWARE, HARDWARE, FIRMWARE, DEVICE, SYSTEM OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUDNETWORK NOT PROVIDED BY LICENSOR, FRAUDULENT MISREPRESENTATIONINCLUDING, WITHOUT LIMITATION, SECURITY ALARM DEVICES AND SYSTEMS, FIRE ALARM DEVICES AND SYSTEMS, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS GUNSHOT DETECTION DEVICES AND EXCLUSIONS IN THIS SECTION 10 MAY NOT APPLY TO YOUSYSTEMS.

Disclaimer of Certain Damages. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT WILL HTC OR ANY SUPPLIER OR LICENSOR SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, CONSEQUENTIAL; SPECIAL; , INCIDENTAL; INDIRECT; , RELIANCE, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES; FOR LOSS OF , INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DAMAGES FOR HARM TO BUSINESS, GOODWILLLOST SAVINGS OR LOST REVENUES, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVERRESULTING FROM, ARISING OUT OFOF OR OTHERWISE IN CONNECTION WITH THE SOFTWARE, BASED ONTHE DOCUMENTATION OR THIS AGREEMENT, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT REGARDLESS OF THE FORM OF THE ACTION OR THE APPLICATIONTHEORY OF RECOVERY (INCLUDING, WITHOUT LIMITATION, TORT, NEGLIGENCE AND STRICT LIABILITY), EVEN IF HTC OR ANY SUPPLIER OR LICENSOR THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, LICENSOR SHALL NOT ALLOW THE EXCLUSION BE LIABLE IN ANY RESPECT FOR ANY LOSSES (AS SUCH TERM IS DEFINED IN SECTION 7.1) RESULTING FROM, ARISING OUT OF OR LIMITATION OTHERWISE RELATING TO (A) ANY PERSONAL INJURY, DEATH OR PROPERTY DAMAGE OF INCIDENTAL ANY NATURE WHATSOEVER OR CONSEQUENTIAL DAMAGE(B) ANY COMBINATION, LOSSOPERATION OR USE OF ANY TECHNOLOGY, SOFTWARE, HARDWARE, FIRMWARE, DEVICE, SYSTEM OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUDNETWORK NOT PROVIDED BY LICENSOR, FRAUDULENT MISREPRESENTATIONINCLUDING, WITHOUT LIMITATION, SECURITY ALARM DEVICES AND SYSTEMS, FIRE ALARM DEVICES AND SYSTEMS, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS GUNSHOT DETECTION DEVICES AND EXCLUSIONS IN THIS SECTION 10 MAY NOT APPLY TO YOUSYSTEMS.

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL HTC OR ANY SUPPLIER OR LICENSOR SHALL ALTUMAI PARTIES BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESSREVENUE OR DATA, GOODWILLINDIRECT, ANTICIPATED SAVINGSINCIDENTAL, SPECIAL, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATIONCONSEQUENTIAL DAMAGES, OR OTHER INFORMATION; DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS , PROCUREMENT OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH SUBSTITUTE GOODS OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY SERVICES, IN EACH CASE WHETHER OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE APPLICATION, EVEN IF HTC OR ANY SUPPLIER OR LICENSOR NOT ALTUMAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW , ARISING OUT OF OR IN CONNECTION WITH THE EXCLUSION TERMS OR LIMITATION ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF INCIDENTAL ALTUMAI PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR CONSEQUENTIAL DAMAGEINABILITY TO USE ALTUMAI PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, LOSSDATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE ALTUMAI PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ALTUMAI PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO ALTUMAI PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY FROM INTENTIONAL ACTS SHALL NOT APPLY TO LIABILITY OF A ALTUMAI PARTY FOR (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR A) DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, INJURY CAUSED BY A ALTUMAI PARTY’S NEGLIGENCE; OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, FOR (B) ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 MAY NOT APPLY TO YOUINJURY CAUSED BY A ALTUMAI PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL HTC OR ANY SUPPLIER OR LICENSOR SHALL SCOUT CLOUD PARTIES BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESSREVENUE OR DATA, GOODWILLINDIRECT, ANTICIPATED SAVINGSINCIDENTAL, SPECIAL, OR USE; LOSS CONSEQUENTIAL DAMAGES ARISING OUT OF OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATIONIN CONNECTION WITH SCOUT CLOUD PROPERTIES, OR OTHER INFORMATION; DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS , PROCUREMENT OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH SUBSTITUTE GOODS OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY SERVICES, WHETHER OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE APPLICATION, EVEN IF HTC OR ANY SUPPLIER OR LICENSOR NOT SCOUT CLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW , ARISING OUT OF OR IN CONNECTION WITH THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSSAGREEMENT, OR LIABILITY FROM INTENTIONAL ACTS ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF SCOUT CLOUD PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE SCOUT CLOUD PROPERTIES;; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH SCOUT CLOUD PROPERTIES;; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SCOUT CLOUD PROPERTIES;; OR (5) ANY OTHER MATTER RELATED TO SCOUT CLOUD PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTSNEGLIGENCE), PRODUCT LIABILITY, LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A SCOUT CLOUD PARTY FOR (A) DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, INJURY CAUSED BY A SCOUT CLOUD PARTY’S NEGLIGENCE;; OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, FOR (B) ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 MAY NOT APPLY TO YOUINJURY CAUSED BY A SCOUT CLOUD PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HTC OR ANY SUPPLIER OR LICENSOR SHALL DIGNIFIHEALTH PARTIES BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESSREVENUE OR DATA, GOODWILLINDIRECT, ANTICIPATED SAVINGSINCIDENTAL, SPECIAL, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATIONCONSEQUENTIAL DAMAGES, OR OTHER INFORMATION; DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS , OR PROCUREMENT OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH SUBSTITUTE GOODS OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY SERVICES, IN EACH CASE WHETHER OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE APPLICATION, EVEN IF HTC OR ANY SUPPLIER OR LICENSOR NOT DIGNIFIHEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW , ARISING OUT OF OR IN CONNECTION WITH THE EXCLUSION AGREEMENT OR LIMITATION ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF INCIDENTAL DIGNIFIHEALTH PROPERTIES, INCLUDING, WITHOU LIMIATION, ANY PROVIDER OR CONSEQUENTIAL DAMAGEENTERPRISE CUSTOMER, LOSSON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR LIABILITY INABILITY TO USE DIGNIFIHEALTH PROPERTIES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM INTENTIONAL ACTS ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH DIGNIFIHEALTH PROPERTIES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON DIGNIFIHEALTH PROPERTIES; OR (e) ANY OTHER MATTER RELATED TO DIGNIFIHEALTH PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTSNEGLIGENCE), PRODUCT LIABILITY, LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A DIGNIFIHEALTH PARTY FOR (i) DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, INJURY CAUSED BY A DIGNIFIHEALTH PARTY’S NEGLIGENCE; OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, FOR (ii) ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 MAY NOT APPLY TO YOUINJURY CAUSED BY A DIGNIFIHEALTH PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Disclaimer of Certain Damages. IN NO EVENT WILL HTC VIVERSE OR ANY SUPPLIER OR LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR DAMAGES;FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTIONBUSINESSINTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY MEETANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE APPLICATION, EVEN IF HTC VIVERSE OR ANY SUPPLIER OR LICENSOR ORLICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITYPRODUCTLIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 MAY NOT MAYNOT APPLY TO YOU.

Disclaimer of Certain Damages. IN NO EVENT WILL HTC SHALL SAMSUNG OR ANY SUPPLIER OR LICENSOR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL; , SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGSEXEMPLARY, OR USE; LOSS PUNITIVE DAMAGES OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE APPLICATIONLOST PROFITS, EVEN IF HTC SAMSUNG OR ANY SUPPLIER OR LICENSOR HAS ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION WILL APPLY REGARDLESS OF THE EXCLUSION OR LIMITATION THEORY OF INCIDENTAL OR CONSEQUENTIAL DAMAGELIABILITY, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING WHETHER FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS)BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, INFRINGEMENT OR ANY OTHER THEORIES, EVEN IF SAMSUNG OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT YOU HEREBY WAIVE ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS FROM SAMSUNG AND ITS LICENSORS. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT SAMSUNG WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR DEATH SUCH CLAIM. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR PERSONAL INJURY. NOTHING IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. LOSS IF YOU LIVE, ALLOW ANYONE (SUCH AS ANOTHER USER OR ARE OTHERWISE SUBJECT A MERCHANT) TO USE OR HANDLE YOUR DEVICE OR SAMSUNG PAY. NOTWITHSTANDING ANYTHING TO THE LAWS IN ONE OF THOSE JURISDICTIONSC ONTRARY CONTAINED HEREIN, ANY STATUTORY ENTITLEMENT AVAILABLE SAMSUNG’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE OF ACTION WILL AT ALL TIMES BE DEEMED LIMITED TO THE EXTENT LESSER OF (IF AT ALLA) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 MAY NOT APPLY TO YOUYOUR ACTUAL LOSS; OR (B) $1,000 (ONE THOUSAND DOLLARS).

Disclaimer of Certain Damages. IN NO EVENT WILL HTC OR ANY SUPPLIER OR LICENSOR SHALL TIER1APP BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO ANY SOFTWARE COMPONENTS THAT ARE LICENSED UNDER A LICENSE APPROVED BY THE OPEN SOURCE INITIATIVE OR SIMILAR OPEN SOURCE OR FREEWARE LICENSE AND WHICH ARE INCLUDED IN, EMBEDDED, UTILIZED BY, PROVIDED OR DISTRIBUTED WITH THE SOFTWARE. IN NO EVENT SHALL YOU OR TIER1APP BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESSLOSS OF USE, GOODWILLBUSINESS INTERRUPTION, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATIONCOST OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF PRIVACY; ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE PERFORMANCE OF OR FAILURE TO MEET ANY DUTY PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF GOOD FAITH CONTRACT OR REASONABLE CARE; TORTIOUS CONDUCT, INCLUDING NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE APPLICATION, EVEN IF HTC OR ANY SUPPLIER OR LICENSOR A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO IN ADDITION, TIER1APP SHALL NOT ALLOW BE LIABLE FOR ANY DAMAGES CAUSED BY DELAY IN THE EXCLUSION DELIVERY OR LIMITATION FURNISHING OF INCIDENTAL THE SOFTWARE, DOCUMENTATION, THE SUPPORT SERVICES OR CONSEQUENTIAL DAMAGE, LOSS, OR THE TRAINING SERVICES. THE LIMITATIONS OF LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING SET FORTH IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 MAY 10.1 SHALL NOT APPLY TO YOUA BREACH BY YOU OF THE SCOPE OF THE LICENSE GRANTED IN SECTION 2 OF THIS AGREEMENT.

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL HTC OR ANY SUPPLIER OR LICENSOR SHALL INSTRUCTURE PARTIES BE LIABLE FOR ANY CONSEQUENTIAL; INDIRECT, INCIDENTAL, SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR , EXEM- PLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE IN- STRUCTURE PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, WHETHER OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE APPLICATION, EVEN IF HTC OR ANY SUPPLIER OR LICENSOR NOT INSTRUCTURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM INTENTIONAL ACTS ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE INSTRUCTURE PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE INSTRUCTURE PROPERTIES; (2) THE COST OF PROCUREMENT OF SUB- STITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SER- VICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE INSTRUCTURE PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERA- TION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD- PARTY ON INSTRUCTURE PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO THE IN- STRUCTURE PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTSNEGLIGENCE), PRODUCT LIABILITY, LIABILITY OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 MAY NOT APPLY TO YOUOTHER LEGAL THEORY.

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HTC OR ANY SUPPLIER OR LICENSOR SHALL WIDO PARTIES BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESSETHEREUM OR OTHER VIRTUAL CURRENCY, GOODWILLREVENUE OR DATA, ANTICIPATED SAVINGSINDIRECT, INCIDENTAL, SPECIAL, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATIONCONSEQUENTIAL DAMAGES, OR OTHER INFORMATION; DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS , OR PROCUREMENT OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH SUBSTITUTE GOODS OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY SERVICES, IN EACH CASE WHETHER OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE APPLICATION, EVEN IF HTC OR ANY SUPPLIER OR LICENSOR NOT WIDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW , ARISING OUT OF OR IN CONNECTION WITH THE EXCLUSION AGREEMENT OR LIMITATION ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF INCIDENTAL WIDO PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR CONSEQUENTIAL DAMAGEINABILITY TO USE WIDO PROPERTIES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, LOSSDATA, INFORMATION OR LIABILITY FROM INTENTIONAL ACTS SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH WIDO PROPERTIES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON WIDO PROPERTIES; OR (e) ANY OTHER MATTER RELATED TO WIDO PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTSNEGLIGENCE), PRODUCT LIABILITY, LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A WIDO PARTY FOR (i) DEATH OR PERSONAL INJURY. NOTHING INJURY CAUSED BY A WIDO PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A WIDO PARTY’S FRAUD OR FRAUDULENT XXXXXXXXXXXXXXXXX.XX: WIDO D OES NOT IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY WHICH FOR (i) DEATH OR PERSONAL INJURY CAUSED BY WIDO’S NEGLIGENCE; (ii) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (iii) ANY OTHER LIABILITY THAT CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 MAY NOT APPLY TO YOUBY ENGLISH OR EU LAW.

Disclaimer of Certain Damages. IN NO EVENT WILL HTC OR ANY SUPPLIER OR LICENSOR EITHER PARTY BE LIABLE OR RESPONSIBLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL; SPECIAL; , INCIDENTAL; INDIRECT; PUNITIVE , PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, INTERRUPTION ARISING OUT OF, BASED ON, RESULTING FROM OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR AGREEMENT. THE APPLICATION, FOREGOING DISCLAIMER WILL APPLY EVEN IF HTC OR ANY SUPPLIER OR LICENSOR EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH THE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW ; THE EXCLUSION OR LIMITATION LIMITED REMEDIES SET FORTH HEREIN FAIL OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATIONTHEIR ESSENTIAL PURPOSE, AND FAILURE TO DISCLOSE DEFECTS)REGARDLESS IF THE LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, LIABILITY OR FOR DEATH OR PERSONAL INJURYOTHERWISE. NOTHING LIMITATIONS ON LIABILITY IN THIS SECTION 10 NO EVENT WILL BE INTERPRETED AS EXCLUDING THE AGGREGATE LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED EITHER PARTY (TO THE EXTENT (IF NOT DISCLAIMED UNDER SECTION 9) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE FEES RECEIVED BY TIPS FROM VENDOR UNDER THIS AGREEMENT DURING THE TWELVE MONTHS PRIOR TO THE TIME AT ALL) PERMISSIBLE WHICH THE LOSS, COST, CLAIM OR DAMAGES AROSE. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS AGREEMENT WILL NOT ENLARGE OR EXTEND THE LIMITATION ON MONEY DAMAGES, EXCEPT THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 MAY NOT NO LIMITS SHALL APPLY TO YOUPHYSICAL PROPERTY DAMAGE OR PERSONAL INJURY CAUSED BY A PARTY’S NEGLIGENCE OR INTENTIONAL MISCONDUCT. State of Texas Franchise Tax By signature hereon, the bidder hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code.

Disclaimer of Certain Damages. IN NO EVENT WILL HTC VIVERSE OR ANY SUPPLIER OR LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR DAMAGES;FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY MEETANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE APPLICATION, EVEN IF HTC VIVERSE OR ANY SUPPLIER OR LICENSOR ORLICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITYPRODUCTLIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 MAY NOT MAYNOT APPLY TO YOU.

Disclaimer of Certain Damages. IN NO EVENT WILL HTC OR ANY SUPPLIER OR LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE APPLICATIONSOFTWARE, EVEN IF HTC OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 10 9 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 9 MAY NOT APPLY TO YOU.

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HTC OR ANY SUPPLIER OR LICENSOR SHALL COMPANY PARTIES BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESSREVENUE OR DATA, GOODWILLINDIRECT, ANTICIPATED SAVINGSINCIDENTAL, SPECIAL, EXEMPLARY, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATIONCONSEQUENTIAL DAMAGES, OR OTHER INFORMATION; DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS , OR PROCUREMENT OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH SUBSTITUTE GOODS OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY SERVICES, IN EACH CASE, WHETHER OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR NOT THE APPLICATION, EVEN IF HTC OR ANY SUPPLIER OR LICENSOR COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM INTENTIONAL ACTS ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE COMPANY PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE COMPANY PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH COMPANY PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE COMPANY PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO THE COMPANY PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTSNEGLIGENCE), PRODUCT LIABILITY, LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (i) DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, FOR (ii) ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 MAY NOT APPLY TO YOUINJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HTC OR ANY SUPPLIER OR LICENSOR SHALL UNUM ID PARTIES BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESSREVENUE OR DATA, GOODWILLINDIRECT, ANTICIPATED SAVINGSINCIDENTAL, SPECIAL, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATIONCONSEQUENTIAL DAMAGES, OR OTHER INFORMATION; DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS , OR PROCUREMENT OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH SUBSTITUTE GOODS OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY SERVICES, IN EACH CASE WHETHER OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE APPLICATION, EVEN IF HTC OR ANY SUPPLIER OR LICENSOR NOT UNUM ID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR INABILITY TO USE THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (e) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR FOREGOING LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS SHALL NOT APPLY TO LIABILITY OF AN UNUM ID PARTY FOR (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR i) DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, INJURY CAUSED BY AN UNUM ID PARTY’S NEGLIGENCE; OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, FOR (ii) ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 MAY NOT APPLY TO YOUINJURY CAUSED BY AN UNUM ID PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL HTC OR ANY SUPPLIER OR LICENSOR SHALL FINKOPER PARTIES BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESSREVENUE OR DATA, GOODWILLINDIRECT, ANTICIPATED SAVINGSINCIDENTAL, SPECIAL, EXEMPLARY, OR USE; LOSS CONSEQUENTIAL DAMAGES ARISING OUT OF OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATIONIN CONNECTION WITH FINKOPER , OR OTHER INFORMATION; DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION; , PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR PERSONAL INJURY; OR PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH DAMAGE OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY EMOTIONAL DISTRESS, WHETHER OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR NOT THE APPLICATION, EVEN IF HTC OR ANY SUPPLIER OR LICENSOR HAS FINKOPER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW , ARISING OUT OF OR IN CONNECTION WITH THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSSTERMS, OR LIABILITY FROM INTENTIONAL ACTS ANY COMMUNICATIONS OR INTERACTIONS WITH OTHER USERS OF FINKOPER , ON ANY THEORY OF LIABILITY, INCLUDING ANY SUCH DAMAGES RESULTING FROM: (1) THE USE OR INABILITY TO USE FINKOPER ; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH FINKOPER ; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON FINKOPER ; OR (5) ANY OTHER MATTER RELATED TO FINKOPER , WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTSNEGLIGENCE), PRODUCT LIABILITY, LIABILITY OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 MAY NOT APPLY TO YOUOTHER LEGAL THEORY.

Disclaimer of Certain Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WILL HTC SHALL ANY PARTY OR ANY SUPPLIER OR LICENSOR OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL; INDIRECT, SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS , INCIDENTAL OR CONSEQUENTIAL DAMAGES AS A RESULT OF PROFITSTHIS AGREEMENT, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, WHETHER SUCH DAMAGES ARE ALLEGED AS A RESULT OF TORTIOUS CONDUCT OR USE; LOSS BREACH OF CONTRACT OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; OTHERWISE AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE APPLICATION, EVEN IF HTC A PARTY OR ANY SUPPLIER OR LICENSOR OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO DAMAGES (INCLUDING, BUT SHALL NOT ALLOW BE LIMITED TO, THE EXCLUSION COST OF REMOVAL AND REINSTALLATION OF GOODS, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF USE OF DATA, INTERRUPTION OF BUSINESS OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, OTHER ECONOMIC LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR BUT NOTHING IN THIS ARTICLE 6 SHALL OPERATE TO EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURYINJURY RESULTING FROM A PARTY’S NEGLIGENCE. NOTHING THE COMPANY HAS REQUESTED AN ORDER FROM THE SECURITIES AND EXCHANGE COMMISSION (THE “COMMISSION”) PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED, GRANTING CONFIDENTIAL TREATMENT TO SELECTED PORTIONS. ACCORDINGLY, THE CONFIDENTIAL PORTIONS HAVE BEEN OMITTED FROM THIS EXHIBIT, AND HAVE BEEN FILED SEPARATELY WITH THE COMMISSION. OMITTED PORTIONS ARE INDICATED IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 MAY NOT APPLY TO YOUEXHIBIT WITH “*****”.

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HTC OR ANY SUPPLIER OR LICENSOR SHALL ZAPPER PARTIES BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESSETHEREUM OR OTHER VIRTUAL CURRENCY, GOODWILLREVENUE OR DATA, ANTICIPATED SAVINGSINDIRECT, INCIDENTAL, SPECIAL, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATIONCONSEQUENTIAL DAMAGES, OR OTHER INFORMATION; DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS , OR PROCUREMENT OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH SUBSTITUTE GOODS OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY SERVICES, IN EACH CASE WHETHER OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE APPLICATION, EVEN IF HTC OR ANY SUPPLIER OR LICENSOR NOT ZAPPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW , ARISING OUT OF OR IN CONNECTION WITH THE EXCLUSION AGREEMENT OR LIMITATION ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF INCIDENTAL THE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR CONSEQUENTIAL DAMAGEINABILITY TO USE THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, LOSSDATA, INFORMATION OR LIABILITY FROM INTENTIONAL ACTS SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (e) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTSNEGLIGENCE), PRODUCT LIABILITY, LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A ZAPPER PARTY FOR (i) DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, INJURY CAUSED BY A ZAPPER PARTY’S NEGLIGENCE; OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 MAY NOT APPLY TO YOU.FOR

Disclaimer of Certain Damages. IN NO EVENT WILL HTC SHALL SAMSUNG OR ANY SUPPLIER OR LICENSOR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL; , SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGSEXEMPLARY, OR USE; LOSS PUNITIVE DAMAGES OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE APPLICATIONLOST PROFITS, EVEN IF HTC SAMSUNG OR ANY SUPPLIER OR LICENSOR HAS ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION WILL APPLY REGARDLESS OF THE EXCLUSION OR LIMITATION THEORY OF INCIDENTAL OR CONSEQUENTIAL DAMAGELIABILITY, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING WHETHER FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS)BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, INFRINGEMENT OR ANY OTHER THEORIES, EVEN IF SAMSUNG OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT YOU HEREBY WAIVE ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS FROM SAMSUNG AND ITS LICENSORS. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT SAMSUNG WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR DEATH SUCH CLAIM. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR PERSONAL INJURY. NOTHING IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. LOSS IF YOU LIVE, ALLOW ANYONE (SUCH AS ANOTHER USER OR ARE OTHERWISE SUBJECT A MERCHANT) TO USE OR HANDLE YOUR DEVICE OR SAMSUNG PAY. NOTWITHSTANDING ANYTHING TO THE LAWS IN ONE OF THOSE JURISDICTIONSCONTRARY CONTAINED HEREIN, ANY STATUTORY ENTITLEMENT AVAILABLE SAMSUNG’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE OF ACTION WILL AT ALL TIMES BE DEEMED LIMITED TO THE EXTENT LESSER OF (IF AT ALLA) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 MAY NOT APPLY TO YOUYOUR ACTUAL LOSS; OR (B) $1,000 (ONE THOUSAND DOLLARS).

Disclaimer of Certain Damages. IN NO EVENT WILL HTC SHALL CUSTOMER OR ANY SUPPLIER TALEND OR LICENSOR ITS LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESSLOSS OF USE, GOODWILLBUSINESS INTERRUPTION, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATIONCOST OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH KIND IN CONNECTION WITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OF THE USE OR IN ANY WAY RELATED INABILITY TO THIS AGREEMENT USE THE TALEND SOFTWARE OR THE APPLICATIONTALEND CLOUD SERVICES, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF HTC OR ANY SUPPLIER OR LICENSOR A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR TALEND WILL REMAIN LIABLE FOR DEATH AND PERSONAL INJURY IN JURISDICTIONS WHERE THIS LIABILITY MAY NOT BE RESTRICTED. THE TALEND CLOUD SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, INACCESSIBILITY AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET. TALEND IS NOT RESPONSIBLE AND DISCLAIMS ALL LIABILITY FOR ANY DELAYS, FAILURES OR PERSONAL INJURYDAMAGES RESULTING FROM SUCH PROBLEMS. NOTHING YOU ARE FULLY RESPONSIBLE FOR INTERNET ACCESS AND CONNECTIVITY ISSUES. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 10 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 MAY 9.1 SHALL NOT APPLY TO YOUA BREACH THROUGH GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY CUSTOMER OF THE SCOPE OF THE LICENSE GRANTED IN SECTION 2.1 OR TO A BREACH BY EITHER PARTY OF ITS OBLIGATIONS UNDER SECTION 6 (CONFIDENTIALITY) OF THIS AGREEMENT.