Common use of DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES Clause in Contracts

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES. THE ROCKEFELLER PATENT RIGHTS, ROCKEFELLER MATERIALS, ROCKEFELLER TECHNICAL INFORMATION, LICENSED PRODUCTS, AND ANY OTHER TECHNOLOGY LICENSED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. TO THE KNOWLEDGE OF THE OFFICE OF TECHNOLOGY TRANSFER AT ROCKEFELLER, THERE ARE NO OUTSTANDING CLAIMS ASSERTED BY OR AGAINST ROCKEFELLER ALLEGING INFRINGEMENT IN CONNECTION WITH THE ROCKEFELLER PATENT RIGHTS, ROCKEFELLER MATERIALS AND ROCKEFELLER TECHNICAL INFORMATION. ROCKEFELLER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMMERCIAL UTILITY, NON-INFRINGEMENT OR TITLE. ROCKEFELLER WILL NOT BE LIABLE TO COMPANY, ITS SUCCESSORS OR ASSIGNS, OR ANY THIRD PARTY WITH RESPECT TO ANY CLAIM: ARISING FROM COMPANY’S USE OF THE ROCKEFELLER PATENT RIGHTS, ROCKEFELLER MATERIALS, ROCKEFELLER TECHNICAL INFORMATION, LICENSED PRODUCTS OR ANY OTHER TECHNOLOGY LICENSED UNDER THIS AGREEMENT; ARISING FROM THE DEVELOPMENT, TESTING, MANUFACTURE, USE OR SALE OF LICENSED PRODUCTS; OR FOR LOST PROFITS, BUSINESS INTERRUPTION, OR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES. THE ROCKEFELLER PATENT RIGHTS, ROCKEFELLER MATERIALS, ROCKEFELLER TECHNICAL INFORMATION, LICENSED PRODUCTS, AND ANY OTHER TECHNOLOGY LICENSED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASISSection 6.1 - Disclaimer of Warranties. TO THE KNOWLEDGE OF THE OFFICE OF TECHNOLOGY TRANSFER AT ROCKEFELLERFULLEST EXTENT PERMITTED BY LAW, THERE ARE NO OUTSTANDING CLAIMS ASSERTED BY OR AGAINST ROCKEFELLER ALLEGING INFRINGEMENT IN CONNECTION WITH THE ROCKEFELLER PATENT RIGHTS, ROCKEFELLER MATERIALS AND ROCKEFELLER TECHNICAL INFORMATION. ROCKEFELLER MAKES NO ORBCOMM SHALL NOT BE DEEMED TO HAVE MADE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE US GROUND SEGMENT HARDWARE. TO THE FULLEST EXTENT PERMITTED BY LAW, ORBCOMM EXPRESSLY DISCLAIMS, AND ORBCOMM CANADA HEREBY EXPRESSLY WAIVES, RELEASES AND RENOUNCES ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF ORBCOMM, EXPRESS OR IMPLIED, INCLUDING ARISING BY LAW OR OTHERWISE, WITH RESPECT TO, INCLUDING, BUT NOT LIMITED TO TO, (i) ANY IMPLIED WARRANTY OF ACCURACY, COMPLETENESS, PERFORMANCE, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, COMMERCIAL UTILITY, NON-INFRINGEMENT OR TITLE. ROCKEFELLER WILL NOT BE LIABLE TO COMPANY, ITS SUCCESSORS OR ASSIGNS, OR ; (ii) ANY THIRD PARTY WITH RESPECT TO ANY CLAIM: IMPLIED WARRANTY ARISING FROM COMPANY’S USE COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (iii) ANY WARRANTIES AS TO THE ACCURACY OR AVAILABILITY OF THE ROCKEFELLER PATENT RIGHTSUS GROUND SEGMENT HARDWARE; (iv) ANY OBLIGATION, ROCKEFELLER MATERIALSLIABILITY, ROCKEFELLER TECHNICAL INFORMATIONRIGHT, LICENSED PRODUCTS CLAIM OR REMEDY UNDER ANY THEORY OF LAW, INCLUDING ANY TORT, NEGLIGENCE, STRICT LIABILITY, CONTRACT OR OTHER TECHNOLOGY LICENSED UNDER THIS AGREEMENT; ARISING FROM THE DEVELOPMENTLEGAL OR EQUITABLE THEORY. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, TESTINGINCLUDING, MANUFACTURE, USE OR SALE OF LICENSED PRODUCTS; OR FOR LOST PROFITS, BUSINESS INTERRUPTION, OR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.BUT NOT

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES. THE ROCKEFELLER PATENT RIGHTSLICENSED PATENTS, ROCKEFELLER MATERIALS, ROCKEFELLER TECHNICAL INFORMATION, LICENSED PRODUCTS, LICENSED PROCESSES, AND ANY OTHER TECHNOLOGY OR INFORMATION PROVIDED OR LICENSED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. TO THE KNOWLEDGE OF THE OFFICE OF TECHNOLOGY TRANSFER AT ROCKEFELLER, THERE ARE NO OUTSTANDING CLAIMS ASSERTED BY OR AGAINST ROCKEFELLER ALLEGING INFRINGEMENT IN CONNECTION WITH THE ROCKEFELLER PATENT RIGHTS, ROCKEFELLER MATERIALS AND ROCKEFELLER TECHNICAL INFORMATION. ROCKEFELLER MOUNT SINAI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMMERCIAL UTILITY, NON-NON INFRINGEMENT OR TITLETITLE WITH RESPECT THERETO. ROCKEFELLER MOUNT SINAI WILL NOT BE LIABLE TO COMPANYMSGI, ITS SUCCESSORS OR ASSIGNS, OR ANY THIRD PARTY WITH RESPECT TO ANY CLAIM: CLAIM ARISING FROM COMPANYOR ATTRIBUTABLE TO MSGI’S USE OF THE ROCKEFELLER PATENT RIGHTSLICENSED PATENTS, ROCKEFELLER MATERIALS, ROCKEFELLER TECHNICAL INFORMATION, LICENSED PRODUCTS OR PRODUCTS, AND ANY OTHER TECHNOLOGY OR INFORMATION PROVIDED OR LICENSED UNDER THIS AGREEMENT; , OR ARISING FROM THE DEVELOPMENT, TESTING, MANUFACTURE, USE OR SALE OF LICENSED PRODUCTS; . NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY, OR ITS SUCCESSORS OR ASSIGNS, OR TO ANY THIRD PARTY, FOR LOST PROFITS, BUSINESS INTERRUPTION, OR INDIRECT, SPECIAL OR CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES. THE ROCKEFELLER PATENT RIGHTS, ROCKEFELLER MATERIALS, ROCKEFELLER TECHNICAL INFORMATION, LICENSED PRODUCTS, AND ANY OTHER TECHNOLOGY LICENSED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. TO THE KNOWLEDGE OF THE OFFICE OF TECHNOLOGY TRANSFER AT ROCKEFELLERMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THERE ARE NO OUTSTANDING CLAIMS ASSERTED BY OR AGAINST ROCKEFELLER ALLEGING INFRINGEMENT IN CONNECTION WITH THE ROCKEFELLER PATENT RIGHTSWE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, ROCKEFELLER MATERIALS AND ROCKEFELLER TECHNICAL INFORMATION. ROCKEFELLER MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO ANY WARRANTY TO, IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMMERCIAL UTILITY, TITLE AND NON-INFRINGEMENT INFRINGEMENT, WITH REGARD TO THE SOFTWARE. WE DO NOT GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR TITLEERROR- FREE, AND YOU ACKNOWLEDGE THAT IT IS NOT TECHNICALLY PRACTICABLE FOR US TO DO SO. ROCKEFELLER WILL NOT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE TO COMPANYFOR ANY SPECIAL, ITS SUCCESSORS INCIDENTAL, INDIRECT OR ASSIGNSCONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, OR ANY THIRD PARTY WITH RESPECT TO ANY CLAIM: ARISING FROM COMPANY’S USE WITHOUT LIMITATION, DAMAGES FOR LOSS OF THE ROCKEFELLER PATENT RIGHTS, ROCKEFELLER MATERIALS, ROCKEFELLER TECHNICAL INFORMATION, LICENSED PRODUCTS OR ANY OTHER TECHNOLOGY LICENSED UNDER THIS AGREEMENT; ARISING FROM THE DEVELOPMENT, TESTING, MANUFACTURE, USE OR SALE OF LICENSED PRODUCTS; OR FOR LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR INDIRECTANY OTHER PECUNIARY LAW) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, SPECIAL EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, OUR ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR CONSEQUENTIAL DAMAGES OF ANY KINDFIVE DOLLARS (USD $5.00).

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES. THE ROCKEFELLER PATENT RIGHTSWe shall not be responsible to provide Services to the extent that the issue is caused by (a) Customer's misuse, ROCKEFELLER MATERIALSimproper use, ROCKEFELLER TECHNICAL INFORMATIONmisconfiguration, LICENSED PRODUCTSalteration, AND ANY OTHER TECHNOLOGY LICENSED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASISor damage to the Software; (b) Customer's use of the Software with any hardware or software not supplied or supported by Us; (c) Customer's failure to install an update to the Software if such update would have resolved the issue; or (d) any other uses in a manner not in accordance with this Agreement. TO THE KNOWLEDGE OF THE OFFICE OF TECHNOLOGY TRANSFER AT ROCKEFELLERWe shall have no responsibility for loss of or damage to Customer's data, regardless of the cause of any such loss or damage. THERE ARE NO OUTSTANDING CLAIMS ASSERTED BY OR AGAINST ROCKEFELLER ALLEGING INFRINGEMENT IN CONNECTION WITH THE ROCKEFELLER PATENT RIGHTS, ROCKEFELLER MATERIALS AND ROCKEFELLER TECHNICAL INFORMATION. ROCKEFELLER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, RELATING TO PRODUCTS OR SERVICES FURNISHED TO CUSTOMER HEREUNDER. WE SPECIFICALLY DISCLAIM AND EXCLUDE ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY WITHOUT LIMITATION THOSE OF ACCURACY, COMPLETENESS, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMMERCIAL UTILITYMERCHANTABILITY OR NON- INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, NON-INFRINGEMENT WHETHER MADE BY OUR EMPLOYEES OR TITLEOTHERWISE, WHICH IS NOT CONTAINED IN THIS AGREEMENT WILL BE DEEMED TO BE A WARRANTY BY US FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF US WHATSOEVER. ROCKEFELLER WILL NOT IN NO EVENT (i) SHALL OUR MAXIMUM LIABILITY FOR ALL DAMAGES EXCEED ACTUAL DIRECT DAMAGES CAUSED BY THE SPECIFIC PRODUCT OR SERVICE COMPLAINED OF, (ii) SHALL OUR MAXIMUM LIABILITY FOR ALL DAMAGES EXCEED THE TOTAL AMOUNT OF FEES PAID HEREUNDER, OR (iii) SHALL WE BE LIABLE TO COMPANYFOR INCIDENTAL, ITS SUCCESSORS OR ASSIGNSCONSEQUENTIAL, OR ANY THIRD PARTY WITH RESPECT TO ANY CLAIM: ARISING FROM COMPANY’S USE OF THE ROCKEFELLER PATENT RIGHTS, ROCKEFELLER MATERIALS, ROCKEFELLER TECHNICAL INFORMATION, LICENSED PRODUCTS OR ANY OTHER TECHNOLOGY LICENSED UNDER THIS AGREEMENT; ARISING FROM THE DEVELOPMENT, TESTING, MANUFACTURE, USE OR SALE OF LICENSED PRODUCTS; OR FOR LOST PROFITS, BUSINESS INTERRUPTION, OR INDIRECTEXEMPLARY, SPECIAL OR CONSEQUENTIAL INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST BUSINESS PROFITS AND THE LOSS, DAMAGE OR DESTRUCTION OF ANY KINDDATA) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. No limitation as to damages for personal injury is hereby intended. Some states do not allow the exclusion or limitation of incidental or consequential damages under certain circumstances and the above exclusion or limitation may not apply.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES. YOU EXPRESSLY AGREE THAT USE OF THE ROCKEFELLER PATENT RIGHTS, ROCKEFELLER MATERIALS, ROCKEFELLER TECHNICAL INFORMATION, LICENSED PRODUCTS, SERVICES AND ANY OTHER TECHNOLOGY LICENSED UNDER THIS AGREEMENT CONTENT IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE KNOWLEDGE OF THE OFFICE OF TECHNOLOGY TRANSFER AT ROCKEFELLERDR, THERE ARE NO OUTSTANDING CLAIMS ASSERTED BY OR AGAINST ROCKEFELLER ALLEGING INFRINGEMENT IN CONNECTION WITH THE ROCKEFELLER PATENT RIGHTSWHEEL, ROCKEFELLER MATERIALS AND ROCKEFELLER TECHNICAL INFORMATION. ROCKEFELLER MAKES YOUR EMPLOYER (IF RELEVANT), AND THEIR CONTRACTORS, AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIESWARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY WARRANTY OF ACCURACY, COMPLETENESS, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, COMMERCIAL UTILITYNONINFRINGEMENT, NON-INFRINGEMENT TITLE, AVAILABILITY, RESPONSE TIMES, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR TITLEMALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. ROCKEFELLER DR, WHEEL, AND YOUR EMPLOYER (IF RELEVANT), AND THEIR CONTRACTORS, AFFILIATES, AND THEIR RELATED PERSONS MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER DR, WHEEL, YOUR EMPLOYER (IF RELEVANT), NOR THEIR RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OBTAINED THROUGH THE SERVICES. IT IS YOUR RESPONSIBILITY TO COMPANYEVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR USEFULNESS OF THE SERVICES. FURTHERMORE, NEITHER DR, WHEEL, YOUR EMPLOYER (IF RELEVANT), NOR THEIR RELATED PERSONS GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, AVAILABLE AT ANY PARTICULAR TIME OR WITHIN ANY PARTICULAR TIMEFRAME, OR FREE FROM ERROR, DEFECT, GLITCHES, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND DR, WHEEL, YOUR EMPLOYER (IF RELEVANT), AND THEIR RELATED PERSONS DISCLAIM ANY LIABILITY RELATING THERETO. YOU UNDERSTAND AND AGREE THAT, DUE TO SCHEDULING, FAILURES OF ELECTRONIC EQUIPMENT OR COMMUNICATIONS FACILITIES (INCLUDING THE INTERNET), EMERGENCIES, AND OTHER CIRCUMSTANCES, DR, WHEEL, YOUR EMPLOYER (IF RELEVANT), AND THEIR RELATED PERSONS CANNOT WARRANT OR OTHERWISE GUARANTEE, AND DO NOT WARRANT OR OTHERWISE GUARANTEE, THAT YOU WILL HAVE ACCESS TO THE SERVICES, OR THAT THE SERVICES WILL BE PROVIDED IN A TIMELY FASHION OR AT ALL. UNDER NO CIRCUMSTANCES WILL DR, WHEEL, YOUR EMPLOYER (IF RELEVANT), OR THEIR RELATED PERSONS BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM DELAYS IN EVALUATION OR TREATMENT, OR DELAYED, LATE, POSTPONED, CANCELLED OR OTHERWISE UNFULFILLED CONSULTATIONS OR OTHER SCHEDULED APPOINTMENTS FOR SERVICES, HOWSOEVER CAUSED, OR THE MEDICAL MALPRACTICE, FRAUD, OR NEGLIGENCE OF HEALTH PROFESSIONALS PERFORMING CLINICAL SERVICES THROUGH THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF DR, WHEEL, YOUR EMPLOYER (IF RELEVANT), AND THE RELATED PERSONS (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO ACCESS OR USE OF THE SERVICES, EXCEED THE GREATER OF $50 OR THE AMOUNT YOU PAID TO US TO USE THE SERVICES IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT THAT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE DR’S, WHEEL’S, YOUR EMPLOYER’S (IF RELEVANT), AND ITS SUCCESSORS RELATED PERSONS’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR ASSIGNSIMPUTED), OR ANY THIRD PARTY WITH RESPECT TO ANY CLAIM: ARISING FROM COMPANY’S USE OF THE ROCKEFELLER PATENT RIGHTS, ROCKEFELLER MATERIALS, ROCKEFELLER TECHNICAL INFORMATION, LICENSED PRODUCTS OTHER LEGAL OR ANY OTHER TECHNOLOGY LICENSED UNDER THIS AGREEMENT; ARISING FROM THE DEVELOPMENT, TESTING, MANUFACTURE, USE OR SALE OF LICENSED PRODUCTS; OR FOR LOST PROFITS, BUSINESS INTERRUPTION, OR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KINDEQUITABLE THEORY.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES. YOU EXPRESSLY AGREE THAT USE OF THE ROCKEFELLER PATENT RIGHTS, ROCKEFELLER MATERIALS, ROCKEFELLER TECHNICAL INFORMATION, LICENSED PRODUCTS, SERVICES AND ANY OTHER TECHNOLOGY LICENSED UNDER THIS AGREEMENT CONTENT IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE KNOWLEDGE OF THE OFFICE OF TECHNOLOGY TRANSFER AT ROCKEFELLERDR, THERE ARE NO OUTSTANDING CLAIMS ASSERTED BY OR AGAINST ROCKEFELLER ALLEGING INFRINGEMENT IN CONNECTION WITH THE ROCKEFELLER PATENT RIGHTSITS CONTRACTORS AND ITS AFFILIATES, ROCKEFELLER MATERIALS AND ROCKEFELLER TECHNICAL INFORMATION. ROCKEFELLER MAKES THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIESWARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY WARRANTY OF ACCURACY, COMPLETENESS, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, COMMERCIAL UTILITYNONINFRINGEMENT, NON-INFRINGEMENT TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR TITLEMALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. ROCKEFELLER WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER DR NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OBTAINED THROUGH THE SERVICES. IT IS YOUR RESPONSIBILITY TO COMPANYEVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR USEFULNESS OF THE SERVICES. FURTHERMORE, DR DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND DR DISCLAIMS ANY LIABILITY RELATING THERETO. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF DR OR THE RELATED PERSONS (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO ACCESS OR USE OF THE SERVICES, EXCEED THE GREATER OF $50 OR THE AMOUNT YOU PAID TO US TO USE THE SERVICES IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT THAT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE DR AND ITS SUCCESSORS RELATED PERSONS’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR ASSIGNSIMPUTED), OR ANY THIRD PARTY WITH RESPECT TO ANY CLAIM: ARISING FROM COMPANY’S USE OF THE ROCKEFELLER PATENT RIGHTS, ROCKEFELLER MATERIALS, ROCKEFELLER TECHNICAL INFORMATION, LICENSED PRODUCTS OTHER LEGAL OR ANY OTHER TECHNOLOGY LICENSED UNDER THIS AGREEMENT; ARISING FROM THE DEVELOPMENT, TESTING, MANUFACTURE, USE OR SALE OF LICENSED PRODUCTS; OR FOR LOST PROFITS, BUSINESS INTERRUPTION, OR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.EQUITABLE THEORY