Common use of Exclusion and Limitation of Liability Clause in Contracts

Exclusion and Limitation of Liability. a. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON IN ANY EVENT FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, MORAL, SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR DATA, LOSS OF PROFIT, SAVINGS OR REVENUE OR FAILURE TO REALIZE EXPECTED PROFIT OR SAVINGS OR OTHER NON- DIRECT, COMMERCIAL OR ECONOMIC LOSS OR DAMAGE OF ANY KIND UNDER ANY LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF OR COULD REASONABLY FORESEE THE POSSIBILITY OF SUCH DAMAGE OR LOSS, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE SERVICES, DEVICES OR EQUIPMENT, THE MATERIAL OR MESSAGES TRANSMITTED THROUGH THE SERVICES, THE FAILURE OR UNAVAILABILITY OF THE SERVICES, DEVICES OR EQUIPMENT, THE USE OF THE SERVICES, DEVICES OR EQUIPMENT OR ANY UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS, CORRUPTION OR DESTRUCTION OF COMMUNICATIONS, INFORMATION OR DATA.

Exclusion and Limitation of Liability. a. 9.1. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT IN NO EVENT SHALL THE RIGHTHOLDER OR ITS PARTNERS BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON IN ANY EVENT FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECTSPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARYINDIRECT, MORAL, SPECIAL OR CONSEQUENTIAL DAMAGESDAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION PROFITS OR DATACONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PROFITPRIVACY, SAVINGS FOR CORRUPTION, DAMAGE AND LOSS OF DATA OR REVENUE PROGRAMS, FOR FAILURE TO MEET ANY DUTY INCLUDING ANY STATUTORY DUTY, DUTY OF GOOD FAITH OR DUTY OF REASONABLE CARE, FOR NEGLIGENCE, FOR ECONOMIC LOSS, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO REALIZE EXPECTED PROFIT OR SAVINGS PROVIDE SUPPORT OR OTHER NON- DIRECTSERVICES, COMMERCIAL INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR ECONOMIC LOSS OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR DAMAGE OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, OR ARISING OUT OF ANY KIND UNDER BREACH OF CONTRACT OR ANY LEGAL THEORYTORT (INCLUDING NEGLIGENCE, MISREPRESENTATION, ANY STRICT LIABILITY OBLIGATION OR DUTY), OR ANY BREACH OF STATUTORY DUTY, OR ANY BREACH OF WARRANTY OF THE RIGHTHOLDER AND/OR ANY OF ITS PARTNERS, EVEN IF WE HAVE THE RIGHTHOLDER AND/OR ANY PARTNER HAS BEEN ADVISED OF OR COULD REASONABLY FORESEE THE POSSIBILITY OF SUCH DAMAGE DAMAGES. YOU AGREE THAT IN THE EVENT THE RIGHTHOLDER AND/OR LOSS, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE SERVICES, DEVICES OR EQUIPMENTITS PARTNERS ARE FOUND LIABLE, THE MATERIAL OR MESSAGES TRANSMITTED THROUGH THE SERVICES, THE FAILURE OR UNAVAILABILITY LIABILITY OF THE SERVICES, DEVICES RIGHTHOLDER AND/OR EQUIPMENT, ITS PARTNERS SHALL BE LIMITED BY THE USE COSTS OF THE SERVICESSOFTWARE. IN NO CASE SHALL THE LIABILITY OF THE RIGHTHOLDER AND/OR ITS PARTNERS EXCEED THE FEES PAID FOR THE SOFTWARE TO THE RIGHTHOLDER OR THE PARTNER (AS MAY BE APPLICABLE). NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS ANY CLAIM FOR DEATH AND PERSONAL INJURY. FURTHER IN THE EVENT ANY DISCLAIMER, DEVICES EXCLUSION OR EQUIPMENT LIMITATION IN THIS AGREEMENT CANNOT BE EXCLUDED OR ANY UNAUTHORIZED ACCESS LIMITED ACCORDING TO APPLICABLE LAW THEN ONLY SUCH DISCLAIMER, EXCLUSION OR ALTERATIONLIMITATION SHALL NOT APPLY TO YOU AND YOU CONTINUE TO BE BOUND BY ALL THE REMAINING DISCLAIMERS, THEFT, LOSS, CORRUPTION OR DESTRUCTION OF COMMUNICATIONS, INFORMATION OR DATAEXCLUSIONS AND LIMITATIONS.

Exclusion and Limitation of Liability. a. (a) TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON IN ANY EVENT FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, MORAL, SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR DATA, LOSS OF PROFIT, SAVINGS OR REVENUE OR FAILURE TO REALIZE EXPECTED PROFIT OR SAVINGS OR OTHER NON- NON-DIRECT, COMMERCIAL OR ECONOMIC LOSS OR DAMAGE OF ANY KIND UNDER ANY LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF OR COULD REASONABLY FORESEE THE POSSIBILITY OF SUCH DAMAGE OR LOSS, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE SERVICES, DEVICES OR EQUIPMENT, THE MATERIAL OR MESSAGES TRANSMITTED THROUGH THE SERVICES, THE FAILURE OR UNAVAILABILITY OF THE SERVICES, DEVICES OR EQUIPMENT, THE USE OF THE SERVICES, DEVICES OR EQUIPMENT OR ANY UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS, CORRUPTION OR DESTRUCTION OF COMMUNICATIONS, INFORMATION OR DATA.

Exclusion and Limitation of Liability. a. 8.1. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT IN NO EVENT SHALL THE RIGHTHOLDER OR ITS PARTNERS BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON IN ANY EVENT FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECTSPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARYINDIRECT, MORAL, SPECIAL OR CONSEQUENTIAL DAMAGESDAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION PROFITS OR DATACONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PROFITPRIVACY, SAVINGS FOR CORRUPTION, DAMAGE AND LOSS OF DATA OR REVENUE PROGRAMS, FOR FAILURE TO MEET ANY DUTY INCLUDING ANY STATUTORY DUTY, DUTY OF GOOD FAITH OR DUTY OF REASONABLE CARE, FOR NEGLIGENCE, FOR ECONOMIC LOSS, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO REALIZE EXPECTED PROFIT OR SAVINGS PROVIDE SUPPORT OR OTHER NON- DIRECTSERVICES, COMMERCIAL INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR ECONOMIC LOSS OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR DAMAGE OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, OR ARISING OUT OF ANY KIND UNDER BREACH OF CONTRACT OR ANY LEGAL THEORYTORT (INCLUDING NEGLIGENCE, MISREPRESENTATION, ANY STRICT LIABILITY OBLIGATION OR DUTY), OR ANY BREACH OF STATUTORY DUTY, OR ANY BREACH OF WARRANTY OF THE RIGHTHOLDER AND/OR ANY OF ITS PARTNERS, EVEN IF WE HAVE THE RIGHTHOLDER AND/OR ANY PARTNER HAS BEEN ADVISED OF OR COULD REASONABLY FORESEE THE POSSIBILITY OF SUCH DAMAGE DAMAGES. NOTHING IN THIS AGREEMENT EXCLUDES OR LOSSLIMITS ANY CLAIM FOR DEATH AND PERSONAL INJURY. FURTHER IN THE EVENT ANY DISCLAIMER, INCLUDING WITHOUT EXCLUSION OR LIMITATION ANY LOSS IN THIS AGREEMENT CANNOT BE EXLUDED OR DAMAGE ARISING FROM LIMITED ACCORDING TO APPLICABLE LAW THEN ONLY SUCH DISCLAIMER, EXCLUSION OR IN CONNECTION WITH LIMITATION SHALL NOT APPLY TO YOU AND YOU CONTINUE TO BE BOUND BY ALL THE SERVICESREMAINING DISCLAIMERS, DEVICES OR EQUIPMENT, THE MATERIAL OR MESSAGES TRANSMITTED THROUGH THE SERVICES, THE FAILURE OR UNAVAILABILITY OF THE SERVICES, DEVICES OR EQUIPMENT, THE USE OF THE SERVICES, DEVICES OR EQUIPMENT OR ANY UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS, CORRUPTION OR DESTRUCTION OF COMMUNICATIONS, INFORMATION OR DATAEXCLUSIONS AND LIMITATIONS.

Exclusion and Limitation of Liability. a. 7.1. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT IN NO EVENT SHALL THE RIGHTHOLDER OR ITS PARTNERS BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON IN ANY EVENT FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECTSPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARYINDIRECT, MORAL, SPECIAL OR CONSEQUENTIAL DAMAGESDAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION PROFITS OR DATACONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PROFITPRIVACY, SAVINGS FOR CORRUPTION, DAMAGE AND LOSS OF DATA OR REVENUE PROGRAMS, FOR FAILURE TO MEET ANY DUTY INCLUDING ANY STATUTORY DUTY, DUTY OF GOOD FAITH OR DUTY OF REASONABLE CARE, FOR NEGLIGENCE, FOR ECONOMIC LOSS, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO REALIZE EXPECTED PROFIT OR SAVINGS PROVIDE SUPPORT OR OTHER NON- DIRECTSERVICES, COMMERCIAL INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR ECONOMIC LOSS OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR DAMAGE OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, OR ARISING OUT OF ANY KIND UNDER BREACH OF CONTRACT OR ANY LEGAL THEORYTORT (INCLUDING NEGLIGENCE, MISREPRESENTATION, ANY STRICT LIABILITY OBLIGATION OR DUTY), OR ANY BREACH OF STATUTORY DUTY, OR ANY BREACH OF WARRANTY OF THE RIGHTHOLDER AND/OR ANY OF ITS PARTNERS, EVEN IF WE HAVE THE RIGHTHOLDER AND/OR ANY PARTNER HAS BEEN ADVISED OF OR COULD REASONABLY FORESEE THE POSSIBILITY OF SUCH DAMAGE DAMAGES. YOU AGREE THAT IN THE EVENT THE RIGHTHOLDER AND/OR LOSS, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE SERVICES, DEVICES OR EQUIPMENTITS PARTNERS ARE FOUND LIABILE, THE MATERIAL OR MESSAGES TRANSMITTED THROUGH THE SERVICES, THE FAILURE OR UNAVAILABILITY LIABILITY OF THE SERVICES, DEVICES RIGHTHOLDER AND/OR EQUIPMENT, ITS PARTNERS SHALL BE LIMITED BY THE USE COSTS OF THE SERVICESSOFTWARE. IN NO CASE SHALL THE LIABILITY OF THE RIGHTHOLDER AND/OR ITS PARTNERS EXCEED THE FEES PAID FOR THE SOFTWARE TO THE RIGHTHOLDER OR THE PARTNER (AS MAY BE APPLICABLE). NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS ANY CLAIM FOR DEATH AND PERSONAL INJURY. FURTHER IN THE EVENT ANY DISCLAIMER, DEVICES EXCLUSION OR EQUIPMENT LIMITATION IN THIS AGREEMENT CANNOT BE EXLUDED OR ANY UNAUTHORIZED ACCESS LIMITED ACCORDING TO APPLICABLE LAW THEN ONLY SUCH DISCLAIMER, EXCLUSION OR ALTERATIONLIMITATION SHALL NOT APPLY TO YOU AND YOU CONTINUE TO BE BOUND BY ALL THE REMAINING DISCLAIMERS, THEFT, LOSS, CORRUPTION OR DESTRUCTION OF COMMUNICATIONS, INFORMATION OR DATAEXCLUSIONS AND LIMITATIONS.

Exclusion and Limitation of Liability. a. TO THE FULLEST EXTENT PERMITTED BY LAWIN NO EVENT WILL SANDVINE, YOU AGREE THAT WE WILL NOT ITS AFFILIATES OR THEIR SUPPLIERS OR LICENSORS BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON IN ANY EVENT FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECTSPECIAL, INCIDENTAL, PUNITIVECONSEQUENTIAL, EXEMPLARY, MORAL, SPECIAL PUNITIVE OR CONSEQUENTIAL DAMAGES, INDIRECT DAMAGES WHATSOEVER OR ANY DAMAGES FOR HARM TO BUSINESSLOSS OF PROFITS, LOSS OF REVENUE, BUSINESS INTERRUPTION, DESTRUCTION, LOSS, ALTERATION OR DISCLOSURE OF INFORMATION OR DATA, LOSS OR OTHER PECUNIARY LOSS, OR ANY LOSSES ASSOCIATED WITH THIRD PARTY ITEMS ARISING OUT OF PROFITTHE USE OR INABILITY TO USE THE PRODUCT OR THIRD PARTY ITEM OR ANY INTELLECUTAL PROPERTY RIGHTS EMBODIED THEREIN, SAVINGS OR REVENUE THE PERFORMANCE, INTERRUPTION OR FAILURE TO REALIZE EXPECTED PROFIT OF THE PRODUCT OR SAVINGS OR OTHER NON- DIRECTTHIRD PARTY ITEM, COMMERCIAL OR ECONOMIC LOSS OR DAMAGE IRRESPECTIVE OF ANY KIND UNDER ANY LEGAL THEORYTHE CAUSE OF ACTION, EVEN IF WE SANDVINE, ITS AFFILIATES ORTHEIR SUPPLIERS OR LICENSORS BECOME AWARE OF OR HAVE BEEN ADVISED OF OR COULD REASONABLY FORESEE THE POSSIBILITY OF SUCH DAMAGE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LOSSLIMITATION OF PARTICULAR LIABILITIES AND TO THE EXTENT THAT SUCH LAWS ARE CONTROLLING, INCLUDING ONE OR MORE OF THE FOREGOING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO END USER. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, SANDVINE’S CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT INCLUDING, WITHOUT LIMITATION ANY LOSS OR DAMAGE ARISING LIMITATION, FROM OR IN CONNECTION WITH THE SERVICES, DEVICES USE OR EQUIPMENT, THE MATERIAL OR MESSAGES TRANSMITTED THROUGH THE SERVICES, THE FAILURE OR UNAVAILABILITY IMPROPER FUNCTIONING OF THE SERVICESPRODUCT OR PROVIDING SERVICES OR ARISING OUT OF LIABILITY UNDER BREACH OF CONTRACT, DEVICES INCLUDING DATA PROTECTION ADDENDUM OR EQUIPMENTIN CONNECTION WITH ANY PERSONAL DATA BREACH (EACH, A “CLAIM”), WILL NOT EXCEED THE USE OF AMOUNT PAID BY END USER FOR THE SERVICESPRODUCT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. NOTWITHSTANDING ANYTHING ELSE, DEVICES AFFILIATES, SUPPLIERS AND LICENSORS WILL HAVE NO LIABILITY FOR ANY CLAIMS IN CONNECTION WITH THE PRODUCT OR EQUIPMENT OR ANY UNAUTHORIZED ACCESS THIS AGREEMENT. THIRD PARTY SUPPLIERS AND LICENSORS HAVE NO LIABILITY TO OR ALTERATION, THEFT, LOSS, CORRUPTION OR DESTRUCTION OF COMMUNICATIONS, INFORMATION OR DATAAN END USER UNDER THIS AGREEMENT.

Exclusion and Limitation of Liability. a. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT IN NO EVENT SHALL THE RIGHTHOLDER OR ITS PARTNERS BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON IN ANY EVENT FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECTSPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARYINDIRECT, MORAL, SPECIAL OR CONSEQUENTIAL DAMAGESDAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION PROFITS OR DATACONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PROFITPRIVACY, SAVINGS FOR CORRUPTION, DAMAGE AND LOSS OF DATA OR REVENUE PROGRAMS, FOR FAILURE TO MEET ANY DUTY INCLUDING ANY STATUTORY DUTY, DUTY OF GOOD FAITH OR DUTY OF REASONABLE CARE, FOR NEGLIGENCE, FOR ECONOMIC LOSS, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO REALIZE EXPECTED PROFIT OR SAVINGS PROVIDE SUPPORT OR OTHER NON- DIRECTSERVICES, COMMERCIAL INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR ECONOMIC LOSS OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR DAMAGE OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, OR ARISING OUT OF ANY KIND UNDER BREACH OF CONTRACT OR ANY LEGAL THEORYTORT (INCLUDING NEGLIGENCE, MISREPRESENTATION, ANY STRICT LIABILITY OBLIGATION OR DUTY), OR ANY BREACH OF STATUTORY DUTY, OR ANY BREACH OF WARRANTY OF THE RIGHTHOLDER OR ANY OF ITS PARTNERS, EVEN IF WE HAVE THE RIGHTHOLDER OR ANY PARTNER HAS BEEN ADVISED OF OR COULD REASONABLY FORESEE THE POSSIBILITY OF SUCH DAMAGE DAMAGES. YOU AGREE THAT IN THE EVENT THE RIGHTHOLDER AND/OR LOSS, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE SERVICES, DEVICES OR EQUIPMENTITS PARTNERS ARE FOUND LIABILE, THE MATERIAL OR MESSAGES TRANSMITTED THROUGH THE SERVICES, THE FAILURE OR UNAVAILABILITY LIABILITY OF THE SERVICES, DEVICES RIGHTHOLDER AND/OR EQUIPMENT, ITS PARTNERS SHALL BE LIMITED BY THE USE COSTS OF THE SERVICESSOFTWARE. IN NO CASE SHALL THE LIABILITY OF THE RIGHTHOLDER AND/OR ITS PARTNERS EXCEED THE FEES PAID FOR THE SOFTWARE TO THE RIGHTHOLDER OR THE PARTNER (AS MAY BE APPLICABLE). NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS ANY CLAIM FOR DEATH AND PERSONAL INJURY. FURTHER IN THE EVENT ANY DISCLAIMER, DEVICES EXCLUSION OR EQUIPMENT LIMITATION IN THIS AGREEMENT CANNOT BE EXLUDED OR ANY UNAUTHORIZED ACCESS LIMITED ACCORDING TO APPLICABLE LAW THEN ONLY SUCH DISCLAIMER, EXCLUSION OR ALTERATIONLIMITATION SHALL NOT APPLY TO YOU AND YOU CONTINUE TO BE BOUND BY ALL THE REMAINING DISCLAIMERS, THEFT, LOSS, CORRUPTION OR DESTRUCTION OF COMMUNICATIONS, INFORMATION OR DATAEXCLUSIONS AND LIMITATIONS.

Exclusion and Limitation of Liability. a. TO THE FULLEST EXTENT PERMITTED BY LAWIN NO EVENT WILL SANDVINE, YOU AGREE THAT WE WILL NOT ITS AFFILIATES OR THEIR SUPPLIERS OR LICENSORS BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON IN ANY EVENT FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECTSPECIAL, INCIDENTAL, PUNITIVECONSEQUENTIAL, EXEMPLARY, MORAL, SPECIAL PUNITIVE OR CONSEQUENTIAL DAMAGES, INDIRECT DAMAGES WHATSOEVER OR ANY DAMAGES FOR HARM TO BUSINESSLOSS OF PROFITS, LOSS OF REVENUE, BUSINESS INTERRUPTION, DESTRUCTION, LOSS, ALTERATION OR DISCLOSURE OF INFORMATION OR DATA, LOSS OR OTHER PECUNIARY LOSS, OR ANY LOSSES ASSOCIATED WITH THIRD PARTY ITEMS ARISING OUT OF PROFITTHE USE OR INABILITY TO USE THE PRODUCT OR THIRD PARTY ITEM OR ANY INTELLECUTAL PROPERTY RIGHTS EMBODIED THEREIN, SAVINGS OR REVENUE THE PERFORMANCE, INTERRUPTION OR FAILURE TO REALIZE EXPECTED PROFIT OF THE PRODUCT OR SAVINGS OR OTHER NON- DIRECTTHIRD PARTY ITEM, COMMERCIAL OR ECONOMIC LOSS OR DAMAGE IRRESPECTIVE OF ANY KIND UNDER ANY LEGAL THEORYTHE CAUSE OF ACTION, EVEN IF WE SANDVINE, ITS AFFILIATES ORTHEIR SUPPLIERS OR LICENSORS BECOME AWARE OF OR HAVE BEEN ADVISED OF OR COULD REASONABLY FORESEE THE POSSIBILITY OF SUCH DAMAGE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LOSSLIMITATION OF PARTICULAR LIABILITIES AND TO THE EXTENT THAT SUCH LAWS ARE CONTROLLING, INCLUDING ONE OR MORE OF THE FOREGOING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO END USER. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, XXXXXXXX’S CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT INCLUDING, WITHOUT LIMITATION ANY LOSS OR DAMAGE ARISING LIMITATION, FROM OR IN CONNECTION WITH THE SERVICES, DEVICES USE OR EQUIPMENT, THE MATERIAL OR MESSAGES TRANSMITTED THROUGH THE SERVICES, THE FAILURE OR UNAVAILABILITY IMPROPER FUNCTIONING OF THE SERVICESPRODUCT OR PROVIDING SERVICES OR ARISING OUT OF LIABILITY UNDER BREACH OF CONTRACT, DEVICES INCLUDING DATA PROTECTION ADDENDUM OR EQUIPMENTIN CONNECTION WITH ANY PERSONAL DATA BREACH (EACH, A “CLAIM”), WILL NOT EXCEED THE USE OF AMOUNT PAID BY END USER FOR THE SERVICESPRODUCT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. NOTWITHSTANDING ANYTHING ELSE, DEVICES AFFILIATES, SUPPLIERS AND LICENSORS WILL HAVE NO LIABILITY FOR ANY CLAIMS IN CONNECTION WITH THE PRODUCT OR EQUIPMENT OR ANY UNAUTHORIZED ACCESS THIS AGREEMENT. THIRD PARTY SUPPLIERS AND LICENSORS HAVE NO LIABILITY TO OR ALTERATION, THEFT, LOSS, CORRUPTION OR DESTRUCTION OF COMMUNICATIONS, INFORMATION OR DATAAN END USER UNDER THIS AGREEMENT.

Exclusion and Limitation of Liability. a. IN NO EVENT WILL SCALEUP BIO OR ITS AFFILIATES, OR ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SERVICE, OR ON ANY WEBSITE LINKED TO THE FULLEST EXTENT PERMITTED BY LAWTHIS SERVICE, YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER WHATSOEVER TO YOU (OR ANY OTHER PERSON IN ANY EVENT PERSON) FOR ANY LOSS OR DAMAGES WHATSOEVERDIRECT, INCLUDING WITHOUT LIMITATION DIRECTINCIDENTAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, MORAL, SPECIAL OR CONSEQUENTIAL DAMAGESPUNITIVE DAMAGES ARISING OUT OF THE ACCESS, DAMAGES FOR HARM USE OR INABILITY TO BUSINESSUSE THIS SERVICE OR ANY SITE LINKED TO THIS SERVICE (INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT), OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ALTERATION, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF INFORMATION BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES OR DAMAGES RESULTING FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY OR LOSS OF PROFITTHE SERVICE). THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, SAVINGS TORT, NEGLIGENCE, STRICT LIABILITY, OR REVENUE OR FAILURE TO REALIZE EXPECTED PROFIT OR SAVINGS OR ANY OTHER NON- DIRECT, COMMERCIAL OR ECONOMIC LOSS OR DAMAGE OF ANY KIND UNDER ANY LEGAL THEORYBASIS, EVEN IF WE HAVE SCALEUP BIO HAS BEEN ADVISED OF OR COULD REASONABLY FORESEE THE POSSIBILITY OF SUCH DAMAGE OR LOSS, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH AND TO THE SERVICES, DEVICES OR EQUIPMENT, THE MATERIAL OR MESSAGES TRANSMITTED THROUGH THE SERVICES, THE FAILURE OR UNAVAILABILITY OF THE SERVICES, DEVICES OR EQUIPMENT, THE USE OF THE SERVICES, DEVICES OR EQUIPMENT OR ANY UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS, CORRUPTION OR DESTRUCTION OF COMMUNICATIONS, INFORMATION OR DATAMAXIMUM EXTENT PERMITTED BY LAW.

Exclusion and Limitation of Liability. a. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE FULLEST EXTENT PERMITTED BY LAWOTHER, YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY ANYBODY CLAIMING THROUGH SUCH OTHER PERSON IN ANY EVENT PARTY FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARYSPECIAL, MORALOR LIQUIDATED DAMAGES OR LOSS, SPECIAL INCLUDING, WITHOUT LIMITATION, LOST BUSINESS OR CONSEQUENTIAL DAMAGESLOST PROFITS, DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR DATA, LOSS OF PROFIT, SAVINGS OR REVENUE OR FAILURE TO REALIZE EXPECTED PROFIT OR SAVINGS OR OTHER NON- DIRECT, COMMERCIAL OR ECONOMIC LOSS OR DAMAGE OF ANY KIND UNDER ANY LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF OR COULD REASONABLY FORESEE THE POSSIBILITY OF SUCH DAMAGE OR LOSS, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES THAT ARISE FROM ANY USE OF ANY LICENSED TECHNOLOGY OR FROM ANY LICENSED PRODUCT. IF BAYLOR IS LIABLE FOR ANY DIRECT DAMAGES OR LOSSES UNDER THIS AGREEMENT, OR FOR ANY DAMAGES OR LOSSES THAT CANNOT BE VALIDLY EXCLUDED UNDER THE SERVICES, DEVICES OR EQUIPMENTFOREGOING PROVISION OF THIS SECTION 16.4, THE MATERIAL OR MESSAGES TRANSMITTED THROUGH TOTAL AND AGGREGATE DAMAGES AND LOSSES FOR WHICH BAYLOR IS LIABLE UNDER THIS AGREEMENT SHALL BE LIMITED IN THE SERVICES, AGGREGATE TO (A) THE FAILURE OR UNAVAILABILITY SUM OF THE SERVICESROYALTIES AND OTHER LICENSE OR OPTION FEES PAID BY KUUR TO BAYLOR UNDER THIS AGREEMENT WITHIN TWELVE (12) MONTHS PRIOR TO ASSERTING SUCH CLAIM FOR SUCH DAMAGES AND LOSSES, DEVICES OR EQUIPMENT, (B) WITH RESPECT TO BAYLOR’S INDEMNIFICATION UNDER SECTION 16.1(c) THE USE SUM OF THE SERVICES, DEVICES ROYALTIES AND OTHER LICENSE OR EQUIPMENT OR ANY UNAUTHORIZED ACCESS OPTION FEES PAID BY KUUR TO OR ALTERATION, THEFT, LOSS, CORRUPTION OR DESTRUCTION OF COMMUNICATIONS, INFORMATION OR DATABAYLOR UNDER THIS AGREEMENT WITHIN TWENTY-FOUR (24) MONTHS PRIOR TO ASSERTING SUCH CLAIM FOR SUCH DAMAGES AND LOSSES.

Exclusion and Limitation of Liability. a. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON IN ANY EVENT EXCEPT FOR ANY LOSS OBLIGATION OF INDEMNITY OR DAMAGES WHATSOEVERBREACH OF, INCLUDING WITHOUT LIMITATION DIRECTOR DEFAULT UNDER, ANY SUCH OBLIGATION OR Article VIII, AND EXCEPT FOR OR IN CONNECTION WITH ANY INFRINGEMENT OR MISAPPROPRIATION OF ANY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS: (a) IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARYSPECIAL, MORAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LIQUIDATED DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR DATA, LOSS OF PROFIT, SAVINGS OR REVENUE OR FAILURE TO REALIZE EXPECTED PROFIT OR SAVINGS OR OTHER NON- DIRECT, COMMERCIAL OR ECONOMIC LOSS OR DAMAGE OF ANY KIND UNDER ANY LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF OR COULD REASONABLY FORESEE THE POSSIBILITY OF SUCH DAMAGE OR LOSS, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE SERVICES, DEVICES ANY ACTION OR EQUIPMENTDISPUTE UNDER THIS AGREEMENT; AND (b) IF A PARTY IS LIABLE FOR ANY DAMAGES UNDER THIS AGREEMENT, THE MATERIAL OR MESSAGES TRANSMITTED THROUGH TOTAL AND AGGREGATE DAMAGES FOR WHICH SUCH PARTY MAY BE LIABLE UNDER THIS AGREEMENT SHALL BE LIMITED IN THE SERVICES, AGGREGATE TO THE FAILURE OR UNAVAILABILITY TOTAL AMOUNT OF THE SERVICESQUARTERLY R&D PAYMENTS PAID BY CELL MEDICA TO BAYLOR UNDER ARTICLE VIII WITHIN TWENTY-FOUR (24) MONTHS PRIOR TO ASSERTING SUCH CLAIM FOR SUCH DAMAGES AND LOSSES. IN NO EVENT SHALL ANY EXCLUSION OR LIMITATION OF LIABILITY EXCLUDE OR LIMIT ANY FEE OR ROYALTY, DEVICES OR EQUIPMENT, THE USE OF THE SERVICES, DEVICES OR EQUIPMENT OR ANY UNAUTHORIZED ACCESS TO OR ALTERATIONPART THEREOF, THEFT, LOSS, CORRUPTION OR DESTRUCTION OF COMMUNICATIONS, INFORMATION OR DATATHAT IS DUE UNDER THIS AGREEMENT.

Exclusion and Limitation of Liability. a. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON IN ANY EVENT EXCEPT FOR ANY LOSS OBLIGATION OF INDEMNITY OR DAMAGES WHATSOEVERBREACH OF, INCLUDING WITHOUT LIMITATION DIRECTOR DEFAULT UNDER, ANY SUCH OBLIGATION OR ARTICLE VIII, AND EXCEPT FOR OR IN CONNECTION WITH ANY INFRINGEMENT OR MISAPPROPRIATION OF ANY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS: (a) IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARYSPECIAL, MORAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LIQUIDATED DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR DATA, LOSS OF PROFIT, SAVINGS OR REVENUE OR FAILURE TO REALIZE EXPECTED PROFIT OR SAVINGS OR OTHER NON- DIRECT, COMMERCIAL OR ECONOMIC LOSS OR DAMAGE OF ANY KIND UNDER ANY LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF OR COULD REASONABLY FORESEE THE POSSIBILITY OF SUCH DAMAGE OR LOSS, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE SERVICES, DEVICES ANY ACTION OR EQUIPMENTDISPUTE UNDER THIS AGREEMENT; AND (b) IF A PARTY IS LIABLE FOR ANY DAMAGES UNDER THIS AGREEMENT, THE MATERIAL OR MESSAGES TRANSMITTED THROUGH TOTAL AND AGGREGATE DAMAGES FOR WHICH SUCH PARTY MAY BE LIABLE UNDER THIS AGREEMENT SHALL BE LIMITED IN THE SERVICES, AGGREGATE TO THE FAILURE OR UNAVAILABILITY TOTAL AMOUNT OF THE SERVICESQUARTERLY R&D PAYMENTS PAID BY KUUR TO BAYLOR UNDER ARTICLE III WITHIN TWENTY-FOUR (24) MONTHS PRIOR TO ASSERTING SUCH CLAIM FOR SUCH DAMAGES AND LOSSES. IN NO EVENT SHALL ANY EXCLUSION OR LIMITATION OF LIABILITY EXCLUDE OR LIMIT ANY FEE OR ROYALTY, DEVICES OR EQUIPMENT, THE USE OF THE SERVICES, DEVICES OR EQUIPMENT OR ANY UNAUTHORIZED ACCESS TO OR ALTERATIONPART THEREOF, THEFT, LOSS, CORRUPTION OR DESTRUCTION OF COMMUNICATIONS, INFORMATION OR DATATHAT IS DUE UNDER THIS AGREEMENT.

Exclusion and Limitation of Liability. a. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON IN ANY EVENT FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, MORAL, SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR DATA, LOSS OF PROFIT, SAVINGS OR REVENUE OR FAILURE TO REALIZE EXPECTED PROFIT OR SAVINGS OR OTHER NON- NON-DIRECT, COMMERCIAL OR ECONOMIC LOSS OR DAMAGE OF ANY KIND UNDER ANY LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF OR COULD REASONABLY FORESEE THE POSSIBILITY OF SUCH DAMAGE OR LOSS, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE SERVICES, DEVICES OR EQUIPMENT, THE MATERIAL OR MESSAGES TRANSMITTED THROUGH THE SERVICES, THE FAILURE OR UNAVAILABILITY OF THE SERVICES, DEVICES OR EQUIPMENT, THE USE OF THE SERVICES, DEVICES OR EQUIPMENT OR ANY UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS, CORRUPTION OR DESTRUCTION OF COMMUNICATIONS, INFORMATION OR DATA.

Exclusion and Limitation of Liability. a. THE MAXIMUM LIABILITY IN THE AGGREGATE OF WEGOLOOK, LLC, ITS OWNERS, OFFICERS, EMPLOYEES, MEMBERS, STOCKHOLDERS, PARTNERS, DIRECTORS, MANAGERS, AGENTS, SUBCONTRACTORS, AFFILIATES, SUCESSORS, ASSIGNS, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE (HEREINAFTER, THE “WEGOLOOK PARTIES,” WHICH SHALL REFER TO THE FULLEST EXTENT PERMITTED BY LAWANY ONE, YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE MORE, AND ALL OF THEM) TO YOU OR ANY OTHER PERSON OF YOUR FAMILY MEMBERS OR PASSENGERS IN ANY EVENT VEHICLE FOR ANY LOSS and all claims, actions, damages, losses, liabilities, costs, or expenses, IN ANY WAY ARISING OUT OF OR DAMAGES WHATSOEVERIN CONNECTION WITH ANY USE OF THE WEBSITE OR ANY SERVICES PROVIDED BY US, INCLUDING WITHOUT LIMITATION THE MOBILE APPLICATIONS, SHALL BE THE AMOUNT OF THE INSPECTION FEE PAID BY YOU TO WEGOLOOK OR $100. NONE OF THE WEGOLOOK PARTIES SHALL BE LIABLE UNDER ANY CIRCUMSTANCES TO YOU OR ANY OF YOUR FAMILY MEMBERS OR PASSENGERS IN THE VEHICLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, MORAL, SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR HARM INCLUDING BUT NOT LIMITED TO BUSINESSLOST PROFITS OR OPPORTUNITY COSTS, LOSS OF INFORMATION USE, OR DATA, LOSS OF PROFIT, SAVINGS OR REVENUE OR FAILURE TO REALIZE EXPECTED PROFIT OR SAVINGS OR OTHER NON- DIRECT, COMMERCIAL OR ECONOMIC LOSS OR DAMAGE OF ANY KIND UNDER ANY LEGAL THEORYBUSINESS, EVEN IF WE HAVE BEEN ADVISED ANY OR ALL OF THE WEGOLOOK PARTIES WERE NOTIFIED OF THE LIKELIHOOD OR COULD REASONABLY FORESEE THE POSSIBILITY OF SUCH DAMAGES OCCURRING. THESE EXCLUSIONS AND LIMITATIONS SHALL BE ENFORCED TO THE GREATEST EXTENT ALLOWED BY LAW. THE PROVISIONS OF THIS SECTION APPLY REGARDLESS OF THE FORM OF ACTION, OR TYPE OF claim, action, damage, loss, liability, cost, or expense, REGARDLESS OF WHETHER IT BE AN ACTION IN TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR BASED ON CONTRACT, STATUTE, OR ANYTHING ELSE. THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE LIMITATION ON RECOVERY OF ECONOMIC DAMAGE OR LOSS, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE SERVICES, DEVICES OR EQUIPMENT, THE MATERIAL OR MESSAGES TRANSMITTED THROUGH THE SERVICES, THE FAILURE OR UNAVAILABILITY SHALL NOT APPLY TO RESIDENTS OF THE SERVICES, DEVICES OR EQUIPMENT, THE USE STATE OF THE SERVICES, DEVICES OR EQUIPMENT OR ANY UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS, CORRUPTION OR DESTRUCTION OF COMMUNICATIONS, INFORMATION OR DATA.NEW JERSEY

Exclusion and Limitation of Liability. a. 10.1. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT IN NO EVENT SHALL THE RIGHTHOLDER OR ITS PARTNERS BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON IN ANY EVENT FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECTSPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARYINDIRECT, MORAL, SPECIAL OR CONSEQUENTIAL DAMAGESDAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION PROFITS OR DATACONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PROFITPRIVACY, SAVINGS FOR CORRUPTION, DAMAGE AND LOSS OF DATA OR REVENUE PROGRAMS, FOR FAILURE TO MEET ANY DUTY INCLUDING ANY STATUTORY DUTY, DUTY OF GOOD FAITH OR DUTY OF REASONABLE CARE, FOR NEGLIGENCE, FOR ECONOMIC LOSS, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO REALIZE EXPECTED PROFIT OR SAVINGS PROVIDE SUPPORT OR OTHER NON- DIRECTSERVICES, COMMERCIAL INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR ECONOMIC LOSS OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR DAMAGE OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, OR ARISING OUT OF ANY KIND UNDER BREACH OF CONTRACT OR ANY LEGAL THEORYTORT (INCLUDING NEGLIGENCE, MISREPRESENTATION, ANY STRICT LIABILITY OBLIGATION OR DUTY), OR ANY BREACH OF STATUTORY DUTY, OR ANY BREACH OF WARRANTY OF THE RIGHTHOLDER OR ANY OF ITS PARTNERS, EVEN IF WE HAVE THE RIGHTHOLDER OR ANY PARTNER HAS BEEN ADVISED OF OR COULD REASONABLY FORESEE THE POSSIBILITY OF SUCH DAMAGE DAMAGES. YOU AGREE THAT IN THE EVENT THE RIGHTHOLDER AND/OR LOSS, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE SERVICES, DEVICES OR EQUIPMENTITS PARTNERS ARE FOUND LIABLE, THE MATERIAL OR MESSAGES TRANSMITTED THROUGH THE SERVICES, THE FAILURE OR UNAVAILABILITY LIABILITY OF THE SERVICES, DEVICES RIGHTHOLDER AND/OR EQUIPMENT, ITS PARTNERS SHALL BE LIMITED BY THE USE COSTS OF THE SERVICESSOFTWARE. IN NO CASE SHALL THE LIABILITY OF THE RIGHTHOLDER AND/OR ITS PARTNERS EXCEED THE FEES PAID FOR THE SOFTWARE TO THE RIGHTHOLDER OR THE PARTNER (AS MAY BE APPLICABLE). NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS ANY CLAIM FOR DEATH AND PERSONAL INJURY. FURTHER IN THE EVENT ANY DISCLAIMER, DEVICES EXCLUSION OR EQUIPMENT LIMITATION IN THIS AGREEMENT CANNOT BE EXCLUDED OR ANY UNAUTHORIZED ACCESS LIMITED ACCORDING TO APPLICABLE LAW THEN ONLY SUCH DISCLAIMER, EXCLUSION OR ALTERATIONLIMITATION SHALL NOT APPLY TO YOU AND YOU CONTINUE TO BE BOUND BY ALL THE REMAINING DISCLAIMERS, THEFT, LOSS, CORRUPTION OR DESTRUCTION OF COMMUNICATIONS, INFORMATION OR DATAEXCLUSIONS AND LIMITATIONS.

Exclusion and Limitation of Liability. a. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE FULLEST EXTENT PERMITTED BY LAWOTHER, YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY ANYBODY CLAIMING THROUGH SUCH OTHER PERSON IN ANY EVENT PARTY FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARYSPECIAL, MORALOR LIQUIDATED DAMAGES OR LOSS, SPECIAL INCLUDING, WITHOUT LIMITATION, LOST BUSINESS OR CONSEQUENTIAL DAMAGESLOST PROFITS, DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR DATA, LOSS OF PROFIT, SAVINGS OR REVENUE OR FAILURE TO REALIZE EXPECTED PROFIT OR SAVINGS OR OTHER NON- DIRECT, COMMERCIAL OR ECONOMIC LOSS OR DAMAGE OF ANY KIND UNDER ANY LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF OR COULD REASONABLY FORESEE THE POSSIBILITY OF SUCH DAMAGE OR LOSS, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES THAT ARISE FROM ANY USE OF ANY LICENSED TECHNOLOGY OR FROM ANY LICENSED PRODUCT. IF BAYLOR IS LIABLE FOR ANY DIRECT DAMAGES OR LOSSES UNDER THIS AGREEMENT, OR FOR ANY DAMAGES OR LOSSES THAT CANNOT BE VALIDLY EXCLUDED UNDER THE SERVICES, DEVICES OR EQUIPMENTFOREGOING PROVISION OF THIS SECTION 16.4, THE MATERIAL OR MESSAGES TRANSMITTED THROUGH TOTAL AND AGGREGATE DAMAGES AND LOSSES FOR WHICH BAYLOR IS LIABLE UNDER THIS AGREEMENT SHALL BE LIMITED IN THE SERVICES, AGGREGATE TO (A) THE FAILURE OR UNAVAILABILITY SUM OF THE SERVICESROYALTIES AND OTHER LICENSE OR OPTION FEES PAID BY CELL MEDICA TO BAYLOR UNDER THIS AGREEMENT WITHIN TWELVE (12) MONTHS PRIOR TO ASSERTING SUCH CLAIM EXECUTION COPY CONFIDENTIAL FOR SUCH DAMAGES AND LOSSES, DEVICES OR EQUIPMENT, (B) WITH RESPECT TO BAYLOR’S INDEMNIFICATION UNDER SECTION 16.1(c) THE USE SUM OF THE SERVICES, DEVICES ROYALTIES AND OTHER LICENSE OR EQUIPMENT OR ANY UNAUTHORIZED ACCESS OPTION FEES PAID BY CELL MEDICA TO OR ALTERATION, THEFT, LOSS, CORRUPTION OR DESTRUCTION OF COMMUNICATIONS, INFORMATION OR DATABAYLOR UNDER THIS AGREEMENT WITHIN TWENTY-FOUR (24) MONTHS PRIOR TO ASSERTING SUCH CLAIM FOR SUCH DAMAGES AND LOSSES.

Exclusion and Limitation of Liability. a. SUPPLIER DOES NOT EXCLUDE OR LIMIT ITS LIABILITY (IF ANY) TO BUYER FOR ANY MATTER FOR WHICH IT WOULD BE ILLEGAL FOR SUPPLIER TO EXCLUDE OR LIMIT OR TO ATTEMPT TO EXCLUDE OR LIMIT ITS LIABILITY. OTHER THAN ANY LIABILITY OF SUPPLIER ARISING UNDER CLAUSE 10.1, WHICH SHALL NOT BE LIMITED, AND WITHOUT PREJUDICE TO THE OTHER PROVISIONS OF THIS CLAUSE 10 (EXCLUSION AND LIMITATION OF LIABILITY), SUPPLIER'S AGGREGATE LIABILITY AS DEFINED IN PART D (DEFINITIONS AND INTERPRETATION) UNDER EACH CONTRACT WILL BE LIMITED TO AN AMOUNT EQUAL TO THE GREATER OF 115% OF THE AMOUNT PAID BY BUYER TO SUPPLIER UNDER THAT CONTRACT OR £10,000. EXCEPT AS PROVIDED IN CLAUSE 10.1, SUPPLIER WILL BE UNDER NO LIABILITY AS DEFINED IN PART D (DEFINITIONS AND INTERPRETATION) TO BUYER WHATSOEVER IN RESPECT OF ANY CLAIM ARISING OUT OF AN EVENTWHICH IS CAUSED, OR CONTRIBUTED TO, BY THE GOODS AND SUCH EVENT OCCURS AFTER THE COMMENCEMENT OF THE LAUNCH PROCEDURE OF THE VEHICLE CARRYING SUCH GOODS INTO SPACE; PURE ECONOMIC LOSS, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF CONTRACTS, LOSS OF GOODWILL, LOSS OF ANTICIPATED EARNINGS OR SAVINGS (WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL) OR LOSS OF USE OR VALUE OR DAMAGE OF ANY DATA OR EQUIPMENT (INCLUDING SOFTWARE), WASTED MANAGEMENT, OPERATION OR OTHER TIME (WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL) OR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS, IN EACH CASE HOWSOEVER CAUSED ARISING OUT OF OR IN CONNECTION WITH: ANY OF THE WORKS, OR THE MANUFACTURE OR SALE OR SUPPLY, OR FAILURE OR DELAY IN SUPPLY, OF THE WORKS BY SUPPLIER OR ON THE PART OF SUPPLIER’S EMPLOYEES, AGENTS OR SUBCONTRACTORS; ANY BREACH BY SUPPLIER OF ANY OF THE EXPRESS OR IMPLIED TERMS OF THE CONTRACT; ANY USE MADE OR RESALE BY BUYER OF ANY OF THE WORKS, OR OF ANY PRODUCT INCORPORATING ANY OF THE WORKS; OR ANY STATEMENT MADE OR NOT MADE, OR ADVICE GIVEN OR NOT GIVEN, BY OR ON BEHALF OF SUPPLIER. EXCEPT AS EXPRESSLY SET OUT IN THE CONTRACT, SUPPLIER HEREBY EXCLUDES TO THE FULLEST EXTENT PERMITTED BY PERMISSIBLE IN LAW, YOU AGREE THAT WE WILL NOT BE RESPONSIBLE ALL CONDITIONS, WARRANTIES AND STIPULATIONS, EXPRESS (OTHER THAN THOSE SET OUT IN THE CONTRACT) OR LIABLE TO YOU IMPLIED, STATUTORY, CUSTOMARY OR ANY OTHER PERSON OTHERWISE WHICH, BUT FOR SUCH EXCLUSION, WOULD OR MIGHT SUBSIST IN ANY EVENT FOR ANY LOSS OR DAMAGES WHATSOEVERFAVOUR OF BUYER, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.. EACH OF SUPPLIER’S EMPLOYEES, AGENTS AND SUBCONTRACTORS MAY RELY UPON AND ENFORCE THE EXCLUSIONS AND RESTRICTIONS OF LIABILITY IN THE CONTRACT IN THAT PERSON’S OWN NAME AND FOR THAT PERSON’S OWN BENEFIT, AS IF THE WORDS “ITS EMPLOYEES, AGENTS AND SUBCONTRACTORS” FOLLOWED THE WORD SUPPLIER WHEREVER IT APPEARS IN THOSE CLAUSES SAVE FOR EACH REFERENCE IN CLAUSE10.3.5. BUYER ACKNOWLEDGES THAT THE ABOVE PROVISIONS OF THIS CLAUSE 10 (EXCLUSION AND LIMITATION DIRECTOF LIABILITY) ARE REASONABLE AND REFLECTED IN THE PRICE WHICH WOULD BE HIGHER WITHOUT THOSE PROVISIONS, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, MORAL, SPECIAL AND BUYER WILL ACCEPT SUCH RISK AND/OR CONSEQUENTIAL DAMAGES, DAMAGES INSURE ACCORDINGLY. BUYER IS SOLELY RESPONSIBLE AND LIABLE FOR HARM TO BUSINESS, LOSS THE PROPER LEGAL DISPOSAL OF INFORMATION OR DATA, LOSS OF PROFIT, SAVINGS OR REVENUE OR FAILURE TO REALIZE EXPECTED PROFIT OR SAVINGS OR OTHER NON- DIRECT, COMMERCIAL OR ECONOMIC LOSS OR DAMAGE OF ANY KIND UNDER ANY LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF OR COULD REASONABLY FORESEE ALL MATERIALS PURCHASED FROM SUPPLIER AT THE POSSIBILITY END-OF-LIFE CYCLE OF SUCH DAMAGE OR LOSSMATERIALS. Law The formation, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE SERVICESexistence, DEVICES OR EQUIPMENTconstruction, THE MATERIAL OR MESSAGES TRANSMITTED THROUGH THE SERVICESperformance, THE FAILURE OR UNAVAILABILITY OF THE SERVICES, DEVICES OR EQUIPMENT, THE USE OF THE SERVICES, DEVICES OR EQUIPMENT OR ANY UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS, CORRUPTION OR DESTRUCTION OF COMMUNICATIONS, INFORMATION OR DATAvalidity and all aspects whatsoever of the Contract or of any term of the Contract or of any non-contractual obligations arising out of or in connection with it will be governed by English law.

Exclusion and Limitation of Liability. a. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT WE IN NO EVENT WILL NOT SANDVINE BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON IN ANY EVENT FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECTSPECIAL, INCIDENTAL, PUNITIVECONSEQUENTIAL, EXEMPLARYPUNITIVE OR INDIRECT DAMAGES WHATSOEVER (INCLUDING, MORAL, SPECIAL OR CONSEQUENTIAL DAMAGESWITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESSLOSS OF PROFITS, LOSS OF REVENUE, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR INCLUDING LOSS OF DATA, LOSS OR OTHER PECUNIARY LOSS, OR ANY LOSSES ASSOCIATED WITH THIRD PARTY ITEMS) ARISING OUT OF PROFITTHE USE OR INABILITY TO USE THE PRODUCT OR THE PERFORMANCE, SAVINGS OR REVENUE INTERRUPTION OR FAILURE TO REALIZE EXPECTED PROFIT OR SAVINGS OR OTHER NON- DIRECTOF THE PRODUCT, COMMERCIAL OR ECONOMIC LOSS OR DAMAGE IRRESPECTIVE OF ANY KIND UNDER ANY LEGAL THEORYTHE CAUSE OF ACTION, EVEN IF WE HAVE SANDVINE HAS BEEN ADVISED OF OR COULD REASONABLY FORESEE THE POSSIBILITY OF SUCH DAMAGE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LOSSLIMITATION OF PARTICULAR LIABILITIES AND TO THE EXTENT THAT SUCH LAWS ARE CONTROLLING, INCLUDING ONE OR MORE OF THE FOREGOING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO END USER. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, SANDVINE’S CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT INCLUDING, WITHOUT LIMITATION ANY LOSS OR DAMAGE ARISING LIMITATION, FROM OR IN CONNECTION WITH THE SERVICES, DEVICES USE OR EQUIPMENT, THE MATERIAL OR MESSAGES TRANSMITTED THROUGH THE SERVICES, THE FAILURE OR UNAVAILABILITY IMPROPER FUNCTIONING OF THE SERVICESPRODUCT (EACH, DEVICES A “CLAIM”), WILL NOT EXCEED THE AMOUNT PAID BY END USER FOR THE PRODUCT. NOTWITHSTANDING ANYTHING ELSE, AFFILIATES, SUPPLIERS AND LICENSORS WILL HAVE NO LIABILITY FOR ANY CLAIMS IN CONNECTION WITH THE PRODUCT OR EQUIPMENT, THE USE OF THE SERVICES, DEVICES OR EQUIPMENT OR ANY UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS, CORRUPTION OR DESTRUCTION OF COMMUNICATIONS, INFORMATION OR DATATHIS AGREEMENT.

Exclusion and Limitation of Liability. a. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PARTICULAR LIABILITIES AND, TO THE FULLEST EXTENT PERMITTED BY LAWTHAT SUCH LAWS ARE CONTROLLING, YOU AGREE THAT WE ONE OR MORE OF THE FOREGOING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO END USER. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, IN NO EVENT WILL NOT SANDVINE, ITS AFFILIATES OR THEIR SUPPLIERS OR LICENSORS BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON IN ANY EVENT FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECTSPECIAL, INCIDENTAL, PUNITIVECONSEQUENTIAL, EXEMPLARY, MORAL, SPECIAL PUNITIVE OR CONSEQUENTIAL DAMAGES, INDIRECT DAMAGES WHATSOEVER OR ANY DAMAGES FOR HARM TO BUSINESSLOSS OF PROFITS, LOSS OF REVENUE, BUSINESS INTERRUPTION, DESTRUCTION, LOSS, ALTERATION TO INFORMATION OR DATA, LOSS OR DISCLOSURE OF INFORMATION OR DATA, OR OTHER PECUNIARY LOSS ARISING OUT OF PROFITTHE USE OR INABILITY TO USE APP QOE SOFTWARE OR LISTS (OR ANY PART THEREOF) OR ANY INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN, SAVINGS OR REVENUE THE PERFORMANCE, INTERRUPTION OR FAILURE TO REALIZE EXPECTED PROFIT OF APP QOE SOFTWARE OR SAVINGS OR OTHER NON- DIRECTLISTS, COMMERCIAL OR ECONOMIC LOSS OR DAMAGE IRRESPECTIVE OF ANY KIND UNDER ANY LEGAL THEORYTHE CAUSE OF ACTION, EVEN IF WE SANDVINE, ITS AFFILIATES OR THEIR SUPPLIERS OR LICENSORS BECOME AWARE OF OR HAVE BEEN ADVISED OF OR COULD REASONABLY FORESEE THE POSSIBILITY OF SUCH DAMAGE DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR LOSSOTHERWISE, XXXXXXXX’S CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE SERVICESUSE OR IMPROPER FUNCTIONING OF APP QOE SOFTWARE OR LISTS OR PROVIDING SERVICES OR ARISING OUT OF LIABILITY UNDER BREACH OF CONTRACT, DEVICES INCLUDING DATA PROCESSING ADDENDUM OR EQUIPMENTIN CONNECTION WITH ANY PERSONAL DATA BREACH (EACH, A “CLAIM”), WILL NOT EXCEED THE MATERIAL AMOUNT PAID BY END USER FOR APP QOE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. NOTWITHSTANDING ANYTHING ELSE, AFFILIATES, SUPPLIERS AND LICENSORS WILL HAVE NO LIABILITY TO END USER UNDER THIS AGREEMENT INCLUDING FOR ANY CLAIMS IN CONNECTION WITH APP QOE SOFTWARE OR MESSAGES TRANSMITTED THROUGH THE SERVICES, THE FAILURE OR UNAVAILABILITY OF THE SERVICES, DEVICES OR EQUIPMENT, THE USE OF THE SERVICES, DEVICES OR EQUIPMENT OR ANY UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS, CORRUPTION OR DESTRUCTION OF COMMUNICATIONS, INFORMATION OR DATALISTS.