Common use of Exclusion of Damages Clause in Contracts

Exclusion of Damages. IN NO EVENT WILL THE REVIEW OR ITS SUPPLIERS BE LIABLE TO SUBSCRIBER, SUBSCRIBERS' AUTHORIZED USERS OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE LICENSED CONTENT, OR THE REVIEW SITE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE REVIEW OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SUBSCRIBER AGREES THAT THE REVIEW WILL NOT BE LIABLE FOR ANY CREDITS OR REFUNDS FOR SERVICE INTERRUPTIONS, LATENCY, INCOMPLETE CONTENT TRANSMISSION, GENERAL NETWORK FAILURES OR OTHER FAILURES REGARDING CONTENT ACCESS OR TRANSMISSION WHICH MAY FROM TIME TO TIME MAKE THE LICENSED CONTENT OR THE REVIEW SITE UNAVAILABLE TO AUTHORIZED USERS. THE SUBSCRIBER FURTHER AGREES THAT NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THE LICENSED CONTENT MAY BE BROUGHT BY THE SUBSCRIBER MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH ACTION HAS OCCURRED.

Exclusion of Damages. IN NO EVENT WILL THE REVIEW SHALL EITHER PARTY OR ITS SUPPLIERS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO SUBSCRIBERTHE OTHER PARTY OR ITS AFFILIATES, SUBSCRIBERS' AUTHORIZED USERS DIRECTORS, OFFICERS, EMPLOYEES, OR ANY THIRD PARTY AGENTS FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL PUNITIVE DAMAGES OR LOST PROFITS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS NEGLIGENCE) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH RELATING TO THIS AGREEMENT, THE LICENSED CONTENT, OR THE REVIEW SITE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE REVIEW OR ITS SUPPLIERS HAVE SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES; PROVIDED, HOWEVER, THAT THE FOREGOING LIMITATIONS SHALL NOT LIMIT EACH PARTY’S OBLIGATIONS EXPRESSLY ASSUMED IN EXHIBIT H OF THE MASTER SEPARATION AND DISTRIBUTION AGREEMENT; PROVIDED FURTHER THAT THE EXCLUSION OF PUNITIVE DAMAGES SHALL APPLY IN ANY EVENT. SUBSCRIBER EACH PARTY ACKNOWLEDGES AND AGREES THAT ALL PALM MARKS, THE REVIEW WILL NOT BE LIABLE FOR PALMONE BRAND, AND ANY CREDITS OTHER INFORMATION OR REFUNDS FOR SERVICE INTERRUPTIONSMATERIALS LICENSED OR PROVIDED HEREUNDER ARE LICENSED OR PROVIDED ON AN “AS IS” BASIS AND THAT NEITHER PARTY NOR ANY OF ITS SUBSIDIARIES MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES WHATSOEVER, LATENCYEXPRESS, INCOMPLETE CONTENT TRANSMISSIONIMPLIED OR STATUTORY, GENERAL NETWORK FAILURES WITH RESPECT THERETO, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, ENFORCEABILITY OR OTHER FAILURES REGARDING CONTENT ACCESS OR TRANSMISSION WHICH MAY FROM TIME TO TIME MAKE THE LICENSED CONTENT OR THE REVIEW SITE UNAVAILABLE TO AUTHORIZED USERSNON-INFRINGEMENT. THE SUBSCRIBER FURTHER AGREES THAT NO ACTIONWithout limiting the generality of the foregoing, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THE LICENSED CONTENT MAY BE BROUGHT BY THE SUBSCRIBER MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH ACTION HAS OCCURREDHolding makes no warranty or representation as to the validity of the PalmOne Brand or any Transition Xxxx licensed by it to PalmOne or any warranty or representation that any use of the PalmOne Brand or any Transition Xxxx with respect to any product or service shall be free from infringement of any rights of any Third Party.

Exclusion of Damages. IN NO EVENT WILL TO THE REVIEW OR EXTENT PERMITTED BY LAW, NEITHER MICRO FOCUS NOR ANY OF ITS THIRD-PARTY SUPPLIERS SHALL BE LIABLE TO SUBSCRIBER, SUBSCRIBERS' AUTHORIZED USERS OR ANY THIRD PARTY FOR ANY INJURY, LOSS OR DAMAGE, WHETHER INDIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USECONSEQUENTIAL, DATA, BUSINESS OR PROFITS ARISING OUT OF THE SUPPORT SERVICES OR IN CONNECTION WITH THIS AGREEMENTTHE USE OR INABILITY TO USE THE MAINTAINED SOFTWARE, THE LICENSED CONTENTNOR FOR ANY LOST PROFITS, DATA OR PROGRAMS, OR THE REVIEW SITECOST OF RECOVERING SUCH DATA OR PROGRAMS, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, AND TO THE EXTENT PERMITTED BY LAW, MICRO FOCUS AND ITS THIRD PARTY SUPPLIERS HEREBY DISCLAIM ANY CONDITIONS OR WARRANTIES WHETHER BASED ON EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY RELATING TO QUALITY, MERCHANTABILITY OR FITNESS FOR PURPOSE WITH RESPECT TO THE SUPPORT SERVICES TO BE PROVIDED HEREUNDER. 13. Limitation of Liability. ANY LIABILITY OF MICRO FOCUS OR ITS THIRD PARTY SUPPLIERS SHALL BE LIMITED IN THE AGGREGATE TO THE AMOUNT PAID BY LICENSEE FOR SUPPORT SERVICES FOR THE APPLICABLE MAINTAINED SOFTWARE DURING THE PRIOR 12 MONTH PERIOD. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. MICRO FOCUS AND ITS THIRD-PARTY SUPPLIERS’ LIMITATIONS OF LIABILITY ARE NOT CUMULATIVE. NEITHER THIS AGREEMENT NOR ANYTHING IN SECTIONS 12 AND 13 SHALL PURPORT TO EXCLUDE OR OTHERWISE, REGARDLESS RESTRICT THE LIABILITY OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE REVIEW MICRO FOCUS OR ITS THIRD-PARTY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SUBSCRIBER AGREES THAT THE REVIEW WILL TO ANY EXTENT NOT BE LIABLE FOR ANY CREDITS OR REFUNDS FOR SERVICE INTERRUPTIONS, LATENCY, INCOMPLETE CONTENT TRANSMISSION, GENERAL NETWORK FAILURES OR OTHER FAILURES REGARDING CONTENT ACCESS OR TRANSMISSION WHICH MAY FROM TIME TO TIME MAKE THE LICENSED CONTENT OR THE REVIEW SITE UNAVAILABLE TO AUTHORIZED USERS. THE SUBSCRIBER FURTHER AGREES THAT NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THE LICENSED CONTENT MAY BE BROUGHT PERMITTED BY THE SUBSCRIBER MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH ACTION HAS OCCURREDLAW.

Exclusion of Damages. Mayo acknowledges, and shall require each person given access to the Health Site to acknowledge, that any collection or any compilation of data entails the likelihood of some human and machine errors, omissions, delays, interruptions, and losses, including inadvertent loss of data or damage to media, that may give rise to loss or damage. Accordingly, Mayo agrees THAT THE DATABASES ARE PROVIDED "AS IS"; NEITHER LICENSOR NOR IVI MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO ITS ACCURACY, COMPLETENESS, OR CURRENTNESS; AND LICENSOR AND IVI SPECIFICALLY DISCLAIM ANY OTHER WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF MAYO'S PROGRAM IS WITH MAYO. NEITHER LICENSOR NOR IVI WARRANTS THAT THE INFORMATION CONTAINED IN THE DATABASES WILL MEET MAYO'S REQUIREMENTS OR THAT THE OPERATION OF THE DATABASES WILL BE ERROR-FREE. LICENSOR SOLELY WARRANTS THE ELECTRONIC MEDIA ON WHICH THE DATABASES ARE FURNISHED TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF DELIVERY TO MAYO. NEITHER LICENSOR NOR IVI SHALL NOT BE LIABLE ON ACCOUNT OF ANY SUCH ERRORS, OMISSIONS, DELAYS, OR LOSSES. MAYO AGREES THAT IN NO EVENT WILL LICENSOR OR IVI BE LIABLE FOR THE RESULTS OF MAYO'S USE OF THE DATABASES, OR ITS INABILITY OR FAILURE TO CONDUCT ITS BUSINESS, OR FOR DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES. MAYO FURTHER AGREES THAT IN NO EVENT WILL THE REVIEW OR ITS SUPPLIERS BE LIABLE TO SUBSCRIBER, SUBSCRIBERS' AUTHORIZED USERS OR ANY THIRD PARTY TOTAL AGGREGATE LIABILITY OF LICENSOR AND IVI FOR ANY SPECIALCLAIMS, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE LICENSED CONTENTLOSSES, OR THE REVIEW SITEDAMAGES ARISING UNDER THIS AGREEMENT AND SERVICES PERFORMED HEREUNDER, WHETHER BASED ON BREACH OF CONTRACTIN CONTRACT OR TORT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), EXCEED THE TOTAL AMOUNT PAID BY MAYO TO IVI DURING THE PRECEDING TWELVE-MONTH PERIOD, EVEN IF LICENSOR AND/OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE REVIEW OR ITS SUPPLIERS HAVE IVI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL CLAIM, LOSS, OR DAMAGE. SUBSCRIBER AGREES THAT THE REVIEW WILL NOT BE LIABLE FOR ANY CREDITS OR REFUNDS FOR SERVICE INTERRUPTIONS, LATENCY, INCOMPLETE CONTENT TRANSMISSION, GENERAL NETWORK FAILURES OR OTHER FAILURES REGARDING CONTENT ACCESS OR TRANSMISSION WHICH MAY FROM TIME TO TIME MAKE THE LICENSED CONTENT OR THE REVIEW SITE UNAVAILABLE TO AUTHORIZED USERS. THE SUBSCRIBER FURTHER AGREES THAT NO ACTION, FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF FORMTHE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. If the foregoing limitations are held to be unenforceable, ARISING FROM OR PERTAINING TO THE LICENSED CONTENT MAY BE BROUGHT BY THE SUBSCRIBER MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH ACTION HAS OCCURREDLicensor's and IVI's liability for damages under this Sublicense Agreement to Mayo shall in any event not exceed the total amount of royalties paid by Mayo hereunder.

Exclusion of Damages. IN NO EVENT WILL THE REVIEW EXCEPT WITH RESPECT TO ANY BREACH OF NVIDIA’S OR ITS SUPPLIERS SUBSIDIARIES’ OBLIGATIONS UNDER SECTION 9.1, OR ANY VIOLATION OF THE LIMITATIONS OR RESTRICTIONS ON THE SCOPE OF THE LICENSES GRANTED TO NVIDIA HEREUNDER, NEITHER PARTY (INCLUDING ITS SUBSIDIARIES) WILL BE LIABLE TO SUBSCRIBER, SUBSCRIBERS' AUTHORIZED USERS THE OTHER PARTY OR ANY THIRD PARTY ITS SUBSIDIARIES FOR ANY INCIDENTAL, SPECIAL, INDIRECTPUNITIVE, INCIDENTAL EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES BASED ON LOSS OF USE, DATA, BUSINESS BUSINESS, PROFITS, OR PROFITS GOODWILL OR BASED ON COST OF COVER) IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO THIS AGREEMENT OR ANY USE BY NVIDIA (OR ANY OF ITS SUBSIDIARIES, AGENTS OR IN CONNECTION WITH THIS AGREEMENT, DIRECT OR INDIRECT CUSTOMERS) OF THE LICENSED CONTENTPATENTS, TRANSMETA TECHNOLOGY, OR THE REVIEW SITETRANSMETA TECHNOLOGY DELIVERABLES, WHETHER SUCH LIABILITY ARISES FROM ANY Signature Version CLAIM BASED ON BREACH OF UPON CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE REVIEW OR ITS SUPPLIERS HAVE IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SUBSCRIBER AGREES THAT THIS SECTION 13.1 SHALL NOT, HOWEVER, BE CONSTRUED AS LIMITING (a) EITHER PARTY’S LIABILITY FOR INFRINGEMENT OR MISAPPROPRIATION OF THE REVIEW WILL NOT BE LIABLE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, or (b) THE AMOUNT OF MONETARY DAMAGES FINALLY AWARDED BY A COURT, OR AGREED TO IN A SETTLEMENT, FOR ANY CREDITS OR REFUNDS FOR SERVICE INTERRUPTIONS, LATENCY, INCOMPLETE CONTENT TRANSMISSION, GENERAL NETWORK FAILURES OR OTHER FAILURES REGARDING CONTENT ACCESS OR TRANSMISSION WHICH MAY FROM TIME NVIDIA IS OBLIGATED TO TIME MAKE THE LICENSED CONTENT OR THE REVIEW SITE UNAVAILABLE INDEMNIFY TRANSMETA PURSUANT TO AUTHORIZED USERS. THE SUBSCRIBER FURTHER AGREES THAT NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THE LICENSED CONTENT MAY BE BROUGHT BY THE SUBSCRIBER MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH ACTION HAS OCCURREDSECTION 12.

Exclusion of Damages. IN NO EVENT WILL Section 15.01 TO THE REVIEW OR ITS SUPPLIERS FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR BREACHES OF CONFIDENTIALITY, NEITHER PARTY SHALL BE LIABLE TO SUBSCRIBER, SUBSCRIBERS' AUTHORIZED USERS THE OTHER PARTY OR ANY THIRD PARTY OTHER PERSON FOR ANY SPECIALINJURY TO OR LOSS OF GOODWILL, REPUTATION, BUSINESS, PRODUCTION, REVENUES, PROFITS, ANTICIPATED PROFITS, CONTRACTS OR OPPORTUNITIES (REGARDLESS OF HOW THESE ARE CLASSIFIED AS DAMAGES), OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, INCIDENTAL EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL ENHANCED DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE LICENSED CONTENT, OR THE REVIEW SITE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISEOTHERWISE (INCLUDING THE ENTRY INTO, PERFORMANCE OR BREACH OF THIS AGREEMENT), REGARDLESS OF WHETHER SUCH LOSS OR DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE REVIEW OR ITS SUPPLIERS HAVE PARTY AGAINST WHOM SUCH LIABILITY IS CLAIMED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. SUBSCRIBER AGREES EACH PARTY’S MAXIMUM LIABILITY TO THE OTHER ARISING UNDER OR IN RELATION TO THIS AGREEMENT OR ANY OF THE SERVICES PROVIDED HEREUNDER WILL BE LIMITED TO RE-PERFORMANCE (OR PERFORMANCE) OF THE Confidential Portions of this Exhibit marked as [**] have been omitted pursuant to a request for confidential treatment and have been filed separately with the Securities and Exchange Comission. Confidential Treatment Requested by American Superconductor Corporation APPLICABLE SERVICE; PROVIDED THAT THE REVIEW WILL PROVISIONS OF THIS SENTENCE SHALL NOT BE LIABLE FOR ANY CREDITS OR REFUNDS FOR SERVICE INTERRUPTIONS, LATENCY, INCOMPLETE CONTENT TRANSMISSION, GENERAL NETWORK FAILURES OR OTHER FAILURES REGARDING CONTENT ACCESS OR TRANSMISSION WHICH MAY FROM TIME APPLY TO TIME MAKE THE LICENSED CONTENT OR THE REVIEW SITE UNAVAILABLE TO AUTHORIZED USERSBASF’S PAYMENT OBLIGATIONS UNDER THIS AGREEMENT. THE SUBSCRIBER FURTHER AGREES THAT NO ACTIONLIMITATIONS SET FORTH IN THIS SECTION 15.01 SHALL NOT APPLY TO EITHER PARTY’S LIABILITY, REGARDLESS IF ANY, FOR CONTRIBUTION OR INDEMNITY WITH RESPECT TO LIABILITY TO THIRD PARTIES FOR PERSONAL INJURY, DEATH, OR DAMAGE TO TANGIBLE PROPERTY (WHETHER AS A RESULT OF FORM, ARISING FROM THE PARTY’S WILLFUL MISCONDUCT OR PERTAINING TO THE LICENSED CONTENT MAY BE BROUGHT BY THE SUBSCRIBER MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH ACTION HAS OCCURREDGROSS NEGLIGENCE OR OTHERWISE).

Exclusion of Damages. IN NO EVENT WILL TO THE REVIEW EXTENT PERMITTED BY LAW, NEITHER DXC OR ITS SUPPLIERS CUSTOMER SHALL BE LIABLE TO SUBSCRIBER, SUBSCRIBERS' AUTHORIZED USERS THE OTHER OR ANY THIRD PARTY FOR ANY SPECIALLOST PROFITS (WHETHER DIRECT OR INDIRECT), INDIRECTLOSS OF USE OF DATA, INCIDENTAL OR CONSEQUENTIAL COST OF SUBSTITUTE GOODS, OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING LOSS DAMAGE TO BUSINESS, REPUTATION, OR GOODWILL), OR INDIRECT DAMAGES OF USEANY TYPE HOWEVER CAUSED, WHETHER BY BREACH OF WARRANTY, BREACH OF CONTRACT, IN TORT OR ANY OTHER LEGAL ACTION OR EQUITABLE CAUSE OF ACTION EVEN IF SUCH PARTY HAS BEEN ADVISED OF SUCH DAMAGES IN ADVANCE OR IF SUCH DAMAGES WERE FORESEEABLE. THE FOREGOING EXCLUSIONS SHALL NOT APPLY TO (1) BODILY INJURY OR DEATH; AND (2) INFRINGEMENT BY A PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS. NOTHWITHSTANDING THE FOREGOING, THIS SECTION 6.2 SHALL NOT PREVENT CUSTOMER’S RECOVERY FOR LEGALLY REQUIRED: (A) NOTIFICATION COSTS TO THIRD PARTIES INCURRED BY CUSTOMER; (B) COMMERCIALLY REASONABLE CREDIT MONITORING COSTS FOR THIRD PARTIES INCURRED BY CUSTOMER; AND (C) GOVERNMENT OR REGULATORY FINES PAID BY CUSTOMER, IN EACH CASE TO THE EXTENT CAUSED BY DXC’S MATERIAL BREACH OF THIS AGREEMENT THAT RESULT IN UNAUTHORIZED DISCLOSURE OF CUSTOMER DATA, BUSINESS OR PROFITS PROVIDED THAT DXC’S CUMULATIVE AND AGGREGATE LIABILITY AT ALL TIMES ARISING OUT OF OR IN CONNECTION WITH RELATED TO THIS AGREEMENT, THE LICENSED CONTENT, OR THE REVIEW SITE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE REVIEW OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SUBSCRIBER AGREES THAT THE REVIEW WILL NOT AGREEMENT SHALL BE LIABLE FOR ANY CREDITS OR REFUNDS FOR SERVICE INTERRUPTIONS, LATENCY, INCOMPLETE CONTENT TRANSMISSION, GENERAL NETWORK FAILURES OR OTHER FAILURES REGARDING CONTENT ACCESS OR TRANSMISSION WHICH MAY FROM TIME TO TIME MAKE THE LICENSED CONTENT OR THE REVIEW SITE UNAVAILABLE TO AUTHORIZED USERS. THE SUBSCRIBER FURTHER AGREES THAT NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING LIMITED TO THE LICENSED CONTENT MAY BE BROUGHT BY THE SUBSCRIBER MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH ACTION HAS OCCURREDLIABILITY AMOUNT SET FORTH IN SECTION 6.1.

Exclusion of Damages. IN AS CONSIDERATION FOR USER'S OPPORTUNITY TO USE THIS SITE AND THE CONTENT AND SERVICES, USER AGREES THAT UNDER NO EVENT CIRCUMSTANCES WHATSOEVER WILL THE REVIEW ASSOCIATED UNDERWRITERS INSURANCE OR ITS SUPPLIERS ANYONE ASSOCIATED WITH ASSOCIATED UNDERWRITERS INSURANCE OR THIS SITE BE LIABLE IN ANY WAY TO SUBSCRIBER, SUBSCRIBERS' AUTHORIZED USERS YOU OR ANY THIRD PARTY OTHER ENTITY FOR ANY SPECIALACTION OR INACTION TAKEN BY USER IN RELIANCE UPON INFORMATION OR SERVICES PROVIDED THROUGH THIS SITE. NEITHER ASSOCIATED UNDERWRITERS INSURANCE NOR ANYONE ASSOCIATED WITH ASSOCIATED UNDERWRITERS INSURANCE SHALL BE LIABLE IN ANY EVENT FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USESPECIAL, DATACONSEQUENTIAL, BUSINESS OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE LICENSED CONTENTINCIDENTAL, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (i) YOUR USE OF THE REVIEW SITE, WHETHER BASED OR RELIANCE ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE)THE CONTENT OR SERVICES, OR OTHERWISE(ii) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY ASSOCIATED UNDERWRITERS INSURANCE OR ITS CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE REVIEW OR ITS SUPPLIERS HAVE ASSOCIATED UNDERWRITERS INSURANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. SUBSCRIBER AGREES THAT THE REVIEW WILL NOT BE LIABLE FOR ANY CREDITS OR REFUNDS FOR SERVICE INTERRUPTIONSSome jurisdictions do not permit the exclusion of certain types of damages. Therefore, LATENCYonly if required by applicable law, INCOMPLETE CONTENT TRANSMISSION, GENERAL NETWORK FAILURES OR OTHER FAILURES REGARDING CONTENT ACCESS OR TRANSMISSION WHICH MAY FROM TIME TO TIME MAKE THE LICENSED CONTENT OR THE REVIEW SITE UNAVAILABLE TO AUTHORIZED USERSsome or all of the exclusions above may not apply to you. THE SUBSCRIBER FURTHER AGREES THAT NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THE LICENSED CONTENT MAY BE BROUGHT BY THE SUBSCRIBER MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH ACTION HAS OCCURREDYou may have other rights from jurisdiction to jurisdiction.

Exclusion of Damages. EXCEPT WITH RESPECT TO AMOUNTS TO BE PAID BY EITHER PARTY PURSUANT TO A COURT AWARAD (OTHER THAN A DEFAULT JUDGMENT) OR SETTLEMENT AS WELL AS THE DEFENSE COSTS UNDER THE INDEMNIFICATION OBLIGATIONS NO MATTER HOW MUCH DAMAGES MAY BE CHARACTERIZED, IN NO EVENT WILL SHALL EITHER PARTY HAVE ANY LIABILITY TO THE REVIEW OR ITS SUPPLIERS BE LIABLE TO SUBSCRIBER, SUBSCRIBERS' AUTHORIZED USERS OR ANY THIRD OTHER PARTY FOR ANY INDIRECT, SPECIAL, INDIRECTINCIDENTAL, INCIDENTAL PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES, HOWEVER CAUSED, OR FOR ANY LOST PROFITS, LOSS OF USEUS, DATACOST OF DATA RECONSTRUCTION, BUSINESS COST OF PROCUREMENT OF SUBSTITUTE GOODS OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE LICENSED CONTENT, OR THE REVIEW SITESERVICES, WHETHER BASED ON BREACH OF IN CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH DAMAGE WAS FORESEEABLE AND WHETHER PARTY’S LICENSORS, OR NOT THE REVIEW OR ITS SUPPLIERS SUBCONTRACTORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGELOSS OR DAMAGES. SUBSCRIBER AGREES THAT THE REVIEW CLIENT WILL NOT BE LIABLE FOR ANY CREDITS ASSERT THAT ITS PAYMENT OBLIGATIONS ARE EXCLUDED AS RESELLER’S OR REFUNDS FOR SERVICE INTERRUPTIONS, LATENCY, INCOMPLETE CONTENT TRANSMISSION, GENERAL NETWORK FAILURES OR OTHER FAILURES REGARDING CONTENT ACCESS OR TRANSMISSION WHICH MAY FROM TIME TO TIME MAKE THE LICENSED CONTENT OR THE REVIEW SITE UNAVAILABLE TO AUTHORIZED USERS. THE SUBSCRIBER FURTHER AGREES THAT NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THE LICENSED CONTENT MAY BE BROUGHT BY THE SUBSCRIBER MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH ACTION HAS OCCURREDSPRYPOINT’S LOST PROFITS.

Exclusion of Damages. IN NO EVENT WILL THE REVIEW OR NCIT AND ITS LICENSORS, SERVICE LICENSORS AND SUPPLIERS SHALL NOT BE LIABLE TO SUBSCRIBER, SUBSCRIBERS' AUTHORIZED USERS OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS ARISING OUT OF UNDER OR IN CONNECTION WITH THIS AGREEMENTAGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, THE LICENSED CONTENT, OR THE REVIEW SITE, WHETHER BASED ON INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATIONS OR OTHERWISE, FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES, (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY, OR (d) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE REVIEW OR ITS SUPPLIERS HAVE BEEN PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGELOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. SUBSCRIBER AGREES BOTH PARTIES UNDERSTAND AND AGREE THAT THE REVIEW WILL NOT REMEDIES AND LIMITATIONS HEREIN ALLOCATE THE RISKS OF PRODUCT AND SERVICE NONCONFORMITY BETWEEN THE PARTIES AS AUTHORIZED BY LAW. THE FEES HEREIN REFLECT, AND ARE SET IN RELIANCE UPON, THIS ALLOCATION OF RISK AND THE EXCLUSION OF CONSEQUENTIAL DAMAGES SET FORTH IN THIS AGREEMENT. 13.2 CAP ON MONETARY LIABILITY. IN ANY EVENT, THE COLLECTIVE AGGREGATE LIABILITY OR OBLIGATION OF NCIT UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATIONS OR OTHERWISE, SHALL BE LIABLE FOR LIMITED TO THE AMOUNT PAID TO NCIT BY LICENSEE UNDER THIS AGREEMENT IN THE PRECEDING 12 MONTHS. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY CREDITS OR REFUNDS FOR SERVICE INTERRUPTIONS, LATENCY, INCOMPLETE CONTENT TRANSMISSION, GENERAL NETWORK FAILURES AGREED OR OTHER FAILURES REGARDING CONTENT ACCESS OR TRANSMISSION WHICH MAY FROM TIME TO TIME MAKE THE LICENSED CONTENT OR THE REVIEW SITE UNAVAILABLE TO AUTHORIZED USERSREMEDY OF ITS ESSENTIAL PURPOSE. THE SUBSCRIBER FURTHER AGREES THAT NO ACTIONreplace the Services and NCIT Materials, REGARDLESS OF FORMin whole or in part, ARISING FROM OR PERTAINING TO THE LICENSED CONTENT MAY BE BROUGHT BY THE SUBSCRIBER MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH ACTION HAS OCCURRED.to

Exclusion of Damages. 9.3.1 EXCEPT FOR INTENTIONAL OR WILLFUL MISCONDUCT, AND EXCEPT FOR INTENTIONAL OR WILLFUL MATERIAL BREACH AS TO WHICH COMPANY HAS KNOWLEDGE AND HAS PROVIDED WRITTEN NOTICE THEREOF TO NEKTAR AL WITHIN FIVE (5) DAYS OF SUCH KNOWLEDGE: (i) IN NO EVENT WILL THE REVIEW OR ITS SUPPLIERS BE LIABLE TO SUBSCRIBER, SUBSCRIBERS' AUTHORIZED USERS OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS SHALL NEKTAR AL's LIABILITY ARISING OUT OF THE DEVELOPMENT, MANUFACTURE, SUPPLY, USE OR SALE OF SELECTED REAGENT OR SELECTED PRODUCT, EXCEED NEKTAR AL's OBLIGATION TO REPLACE THAT QUANTITY OF SELECTED REAGENT GIVING RISE TO THE LIABILITY, AND (ii) IN CONNECTION WITH NO EVENT SHALL NEKTAR AL's LIABILITY ARISING OUT OF THIS AGREEMENT, EXCEED IN THE LICENSED CONTENTAGGREGATE, AN AMOUNT THAT IS EQUAL TO THE TOTAL AMOUNT PAID BY COMPANY UNDER THE RESEARCH PLAN. THE FOREGOING LIMITATION ON NEKTAR AL'S LIABILITY SHALL NOT APPLY WITH RESPECT TO THE AMOUNT OF ANY OVERPAYMENT OF ROYALTIES OR MILESTONES BY COMPANY TO NEKTAR AL HEREUNDER, PROVIDED SUCH OVERPAYMENT IS (X) NOTIFIED IN WRITING BY COMPANY TO NEKTAR AL PROMPTLY AFTER SUCH OVERPAYMENT IS DISCOVERED BY COMPANY, BUT IN NO EVENT LATER THAN 30 DAYS AFTER THE QUARTER IN WHICH SUCH OVERPAYMENT WAS MADE, OR (Y) REVEALED BY AN AUDIT AS PROVIDED FOR UNDER SECTION 6.2. IN THE REVIEW SITE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE REVIEW OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY EVENT OF SUCH DAMAGE. SUBSCRIBER AGREES THAT THE REVIEW WILL NOT BE LIABLE FOR ANY CREDITS OR REFUNDS FOR SERVICE INTERRUPTIONSOVERPAYMENT, LATENCYNEKTAR AL SHALL CREDIT COMPANY WITH RESPECT TO FUTURE PAYMENTS OWED BY COMPANY TO NEKTAR AL HEREUNDER, INCOMPLETE CONTENT TRANSMISSION, GENERAL NETWORK FAILURES OR OTHER FAILURES REGARDING CONTENT ACCESS OR TRANSMISSION WHICH MAY FROM TIME TO TIME MAKE THE LICENSED CONTENT OR THE REVIEW SITE UNAVAILABLE TO AUTHORIZED USERS. THE SUBSCRIBER FURTHER AGREES THAT NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THE LICENSED CONTENT MAY BE BROUGHT BY THE SUBSCRIBER MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO EXTENT OF SUCH ACTION HAS OCCURRED.OVERPAYMENT

Exclusion of Damages. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9.1 OR IN SECTION 9.3 BELOW, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE REVIEW EITHER PARTY OR ITS SUPPLIERS AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND SUPPLIERS, BE LIABLE TO SUBSCRIBER, SUBSCRIBERS' AUTHORIZED USERS OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INDIRECTPUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATABUSINESS PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, OR PROFITS ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF THE LICENSED CONTENT, POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE REASONABLY FORESEEABLE. THE REVIEW SITE, EXCLUSIONS OF LIABILITY FOR DAMAGES IN THIS SECTION 9.1 APPLY REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, OR OTHERWISEANY OTHER LEGAL THEORY. THIS SECTION 9.1 DOES NOT LIMIT EITHER PARTY’S OBLIGATION TO INDEMNIFY THE OTHER PARTY OR ANY OTHER INDEMNIFIED PARTIES FROM DAMAGES FINALLY AWARDED BY A COURT TO A THIRD PARTY WITH RESPECT TO CLAIMS TO WHICH THE INDEMNITY OBLIGATIONS IN SECTION 8 APPLY, REGARDLESS EVEN IF CHARACTERIZED AS INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE REVIEW OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SUBSCRIBER AGREES THAT THE REVIEW WILL NOT BE LIABLE FOR ANY CREDITS OR REFUNDS FOR SERVICE INTERRUPTIONS, LATENCY, INCOMPLETE CONTENT TRANSMISSION, GENERAL NETWORK FAILURES OR OTHER FAILURES REGARDING CONTENT ACCESS OR TRANSMISSION WHICH MAY FROM TIME TO TIME MAKE THE LICENSED CONTENT OR THE REVIEW SITE UNAVAILABLE TO AUTHORIZED USERS. THE SUBSCRIBER FURTHER AGREES THAT NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THE LICENSED CONTENT MAY BE BROUGHT BY THE SUBSCRIBER MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH ACTION HAS OCCURREDTYPE.

Exclusion of Damages. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW AND EXCLUDING (A) AMOUNTS TO BE PAID BY EITHER PARTY PURSUANT TO A COURT AWARD (OTHER THAN A DEFAULT JUDGMENT) OR SETTLEMENT AS WELL AS THE DEFENSE COSTS UNDER THE INDEMNIFICATION OBLIGATIONS NO MATTER HOW SUCH DAMAGES MAY BE CHARACTERIZED, AND (B) DAMAGES FOR BODILY INJURY OR DEATH, IN NO EVENT WILL SHALL EITHER PARTY HAVE ANY LIABILITY TO THE REVIEW OR ITS SUPPLIERS BE LIABLE TO SUBSCRIBER, SUBSCRIBERS' AUTHORIZED USERS OR ANY THIRD OTHER PARTY FOR ANY INDIRECT, SPECIAL, INDIRECTINCIDENTAL, INCIDENTAL PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USEDAMAGES, DATA, BUSINESS OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE LICENSED CONTENTHOWEVER CAUSED, OR THE REVIEW SITEFOR ANY LOST PROFITS, OR COST OF DATA RECONSTRUCTION FOR DATA THAT IS NOT CUSTOMER DATA WHETHER BASED ON BREACH OF IN CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH DAMAGE WAS FORESEEABLE AND WHETHER PARTY’S LICENSORS OR NOT THE REVIEW OR ITS SUPPLIERS SUBCONTRACTORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGELOSS OR DAMAGES. SUBSCRIBER AGREES THAT THE REVIEW CUSTOMER WILL NOT BE LIABLE ASSERT THAT ITS PAYMENT OBLIGATIONS FOR ANY CREDITS OR REFUNDS FOR SERVICE INTERRUPTIONSSERVICES MADE AVAILABLE BY WORKDAY TO CUSTOMER IN ACCORDANCE WITH THIS AGREEMENT AND, LATENCYIF APPLICABLE, INCOMPLETE CONTENT TRANSMISSION, GENERAL NETWORK FAILURES OR OTHER FAILURES REGARDING CONTENT ACCESS OR TRANSMISSION WHICH MAY FROM TIME ITS OBLIGATION TO TIME MAKE PAY THE LICENSED CONTENT OR THE REVIEW SITE UNAVAILABLE EARLY TERMINATION FEE PURSUANT TO AUTHORIZED USERS. THE SUBSCRIBER FURTHER AGREES THAT NO ACTION, REGARDLESS SECTION 9.3 (EFFECT OF FORM, ARISING FROM OR PERTAINING TO THE LICENSED CONTENT MAY BE BROUGHT BY THE SUBSCRIBER MORE THAN ONE (1TERMINATION) YEAR AFTER THE EVENT GIVING RISE TO SUCH ACTION HAS OCCURREDARE EXCLUDED AS WORKDAY’S LOST PROFITS.

Exclusion of Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE REVIEW OR ITS SUPPLIERS WAVE PARTIES BE LIABLE TO SUBSCRIBERYOU, SUBSCRIBERS' AUTHORIZED USERS ANY USERS, OR ANY THIRD THIRD-PARTY FOR ANY SPECIAL, LOST PROFIT OR ANY INDIRECT, INCIDENTAL CONSEǪUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL PUNITIVE DAMAGES (INCLUDING LOSS OF ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, DATA, BUSINESS OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE LICENSED CONTENT, WAVE OR THE REVIEW SITESERVICES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT EVEN IF THE REVIEW OR ITS SUPPLIERS WAVE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES AND REGARDLESS OF WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT OR OTHERWISE. SUBSCRIBER AGREES THAT ACCESS TO, AND USE OF, WAVE AND THE REVIEW SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL NOT BE LIABLE SOLELY RESPONSIBLE FOR ANY CREDITS DAMAGE, MISUSE, ERROR, OR REFUNDS FOR SERVICE INTERRUPTIONSLOSS OF DATA ARISING FROM SUCH ACCESS AND USE. SOME JURISDICTIONS, LATENCYINCLUDING STATES SUCH AS NEW JERSEY IN THE UNITED STATES, INCOMPLETE CONTENT TRANSMISSIONDO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEǪUENTIAL DAMAGES. IF YOU LIVE IN ONE OF THESE JURISDICTIONS, GENERAL NETWORK FAILURES THE ABOVE LIMITATION OR EXCLUSION DOES NOT APPLY TO YOU. OTHER FAILURES THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WAVE PARTIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING CONTENT ACCESS OR TRANSMISSION WHICH MAY FROM TIME TO TIME MAKE THE LICENSED CONTENT WAVE OR THE REVIEW SITE UNAVAILABLE SERVICES. WITHOUT LIMITING THE PRECEDING SENTENCE, YOU AND ALL USERS AGREE THAT ANY IMPLIED WARRANTIES SUCH AS THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED FROM YOUR LICENSE AND USE OF WAVE AND THE SERVICES. SOME JURISDICTIONS, INCLUDING NEW JERSEY IN THE UNITED STATES, DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES. IF YOU LIVE IN ONE OF THESE JURISDICTIONS, THE ABOVE LIMITATIONS DO NOT APPLY TO AUTHORIZED USERS. THE SUBSCRIBER FURTHER AGREES THAT NO ACTIONYOU AND IN SUCH CASE, REGARDLESS OF FORM, ARISING FROM OR PERTAINING ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE LICENSED CONTENT MAY BE BROUGHT BY MINIMUM PERMISSIBLE UNDER APPLICABLE LAW FROM THE SUBSCRIBER MORE THAN ONE (1) YEAR AFTER DATE YOU FIRST ACCESSED OR USED WAVE OR THE EVENT GIVING RISE SERVICES. YOU AND THE USERS EXPRESSLY ACKNOWLEDGE AND AGREE THAT WAVE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND YOU AND THE USERS AGREE TO SUCH ACTION HAS OCCURREDUSE WAVE, THE SERVICES, ANY THIRD-PARTY SERVICES AND ONLINE SERVICES, AND ANY CONTENT, MATERIALS, TOOLS, UTILITIES, SOFTWARE AND FUNCTIONALITY RELATED TO WAVE OR THE SERVICES AT YOUR OWN RISK. YOU AND THE USERS AGREE TO DETERMINE THE SUITABILITY OF WAVE AND SERVICES FOR THE INTENDED USE AND AGREE TO VERIFY ALL RESULTS OBTAINED USING WAVE AND THE SERVICES. You agree that the essential purposes of this Agreement may be fulfilled even with these limitations on liabilities. You acknowledge that Wave Financial would not be able to o er the Products and Services on an economical basis without these limitations.

Exclusion of Damages. IN NO EVENT WILL TO THE REVIEW OR EXTENT PERMITTED BY LAW, NEITHER MICRO FOCUS NOR ANY OF ITS THIRD-PARTY SUPPLIERS SHALL BE LIABLE TO SUBSCRIBER, SUBSCRIBERS' AUTHORIZED USERS OR ANY THIRD PARTY FOR ANY INJURY, LOSS OR DAMAGE, WHETHER INDIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USECONSEQUENTIAL, DATA, BUSINESS OR PROFITS ARISING OUT OF THE SUPPORT SERVICES OR IN CONNECTION WITH THIS AGREEMENTTHE USE OR INABILITY TO USE THE MAINTAINED SOFTWARE, THE LICENSED CONTENTNOR FOR ANY LOST PROFITS, DATA OR PROGRAMS, OR THE REVIEW SITECOST OF RECOVERING SUCH DATA OR PROGRAMS, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, AND TO THE EXTENT PERMITTED BY LAW, MICRO FOCUS AND ITS THIRD PARTY SUPPLIERS HEREBY DISCLAIM ANY CONDITIONS OR WARRANTIES WHETHER BASED ON EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY RELATING TO QUALITY, MERCHANTABILITY OR FITNESS FOR PURPOSE WITH RESPECT TO THE SUPPORT SERVICES TO BE PROVIDED HEREUNDER. 10. Limitation of Liability. ANY LIABILITY OF MICRO FOCUS OR ITS THIRD PARTY SUPPLIERS SHALL BE LIMITED IN THE AGGREGATE TO THE AMOUNT PAID BY LICENSEE FOR SUPPORT SERVICES FOR THE APPLICABLE MAINTAINED SOFTWARE DURING THE PRIOR 12 MONTH PERIOD. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. MICRO FOCUS AND ITS THIRD-PARTY SUPPLIERS’ LIMITATIONS OF LIABILITY ARE NOT CUMULATIVE. NEITHER THIS AGREEMENT NOR ANYTHING IN SECTIONS 9 AND 10 SHALL PURPORT TO EXCLUDE OR OTHERWISE, REGARDLESS RESTRICT THE LIABILITY OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE REVIEW MICRO FOCUS OR ITS THIRD-PARTY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SUBSCRIBER AGREES THAT THE REVIEW WILL TO ANY EXTENT NOT BE LIABLE FOR ANY CREDITS OR REFUNDS FOR SERVICE INTERRUPTIONS, LATENCY, INCOMPLETE CONTENT TRANSMISSION, GENERAL NETWORK FAILURES OR OTHER FAILURES REGARDING CONTENT ACCESS OR TRANSMISSION WHICH MAY FROM TIME TO TIME MAKE THE LICENSED CONTENT OR THE REVIEW SITE UNAVAILABLE TO AUTHORIZED USERS. THE SUBSCRIBER FURTHER AGREES THAT NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THE LICENSED CONTENT MAY BE BROUGHT PERMITTED BY THE SUBSCRIBER MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH ACTION HAS OCCURREDLAW.

Exclusion of Damages. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN NO EVENT WILL THE REVIEW CONTRACT, TORT, NEGLIGENCE OR ITS OTHERWISE) SHALL EITHER PARTY TO THIS AGREEMENT, OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, SUPPLIERS OR LICENSORS, BE LIABLE TO SUBSCRIBER, SUBSCRIBERS' AUTHORIZED USERS THE OTHER PARTY OR ANY THIRD PARTY ITS AFFILIATES FOR ANY LOST PROFITS (WHETHER DIRECT OR INDIRECT), LOST SALES OR BUSINESS, LOST DATA (WHERE SUCH DATA IS LOST IN THE COURSE OF TRANSMISSION VIA CUSTOMER’S SYSTEMS OR OVER THE INTERNET THROUGH NO FAULT OF SKILLS4GOOD), BUSINESS INTERRUPTION, LOSS OF GOODWILL, COSTS OF COVER OR REPLACEMENT, COSTS OF SUBSTITUTE GOODS, OR FOR ANY OTHER TYPE OF INDIRECT, INCIDENTAL, SPECIAL, INDIRECTEXEMPLARY, INCIDENTAL CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE LOSS OR DAMAGES (INCLUDING DAMAGE TO BUSINESS, REPUTATION OR GOODWILL), OR FOR ANY OTHER INDIRECT LOSS OF USE, DATA, BUSINESS OR PROFITS ARISING OUT OF DAMAGES INCURRED BY THE OTHER PARTY OR ITS AFFILIATES IN CONNECTION WITH THIS AGREEMENT, THE LICENSED CONTENT, COMPLIANCE PACKAGE OR THE REVIEW SITE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISEPROFESSIONAL SERVICES, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE REVIEW OR ITS SUPPLIERS HAVE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGE. SUBSCRIBER AGREES THAT DAMAGES, HOWEVER CAUSED, WHETHER BY BREACH OF WARRANTY, BREACH OF CONTRACT, IN TORT OR ANY OTHER LEGAL OR EQUITABLE CAUSE OF ACTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE REVIEW WILL COMPLIANCE PACKAGE OR PROFESSIONAL SERVICES, INCLUDING BUT NOT BE LIABLE FOR ANY CREDITS OR REFUNDS FOR SERVICE INTERRUPTIONS, LATENCY, INCOMPLETE CONTENT TRANSMISSION, GENERAL NETWORK FAILURES OR OTHER FAILURES REGARDING CONTENT ACCESS OR TRANSMISSION WHICH MAY FROM TIME TO TIME MAKE THE LICENSED CONTENT OR THE REVIEW SITE UNAVAILABLE TO AUTHORIZED USERS. THE SUBSCRIBER FURTHER AGREES THAT NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING LIMITED TO THE LICENSED CONTENT MAY BE BROUGHT BY USE OR INABILITY TO USE THE SUBSCRIBER MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO COMPLIANCE PACKAGE OR PROFESSIONAL SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION THEREOF, EVEN IF SUCH ACTION PARTY HAS OCCURREDBEEN ADVISED OF SUCH DAMAGES IN ADVANCE OR IF SUCH DAMAGES WERE FORESEEABLE.

Exclusion of Damages. IN NO EVENT WILL THE REVIEW OR SUBSCRIBER EXPRESSLY UNDERSTANDS AND AGREES THAT CHEMAXON, ITS SUPPLIERS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO SUBSCRIBER, SUBSCRIBERS' AUTHORIZED USERS OR ANY THIRD PARTY SUBSCRIBER FOR ANY SPECIALDIRECT, INDIRECT, INCIDENTAL INCIDENTAL, SPECIAL CONSEQUENTIAL OR CONSEQUENTIAL EXEMPLARY DAMAGES (INCLUDING INCURRED BY SUBSCRIBER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USEPROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), DATAANY LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS ANY LOSS OF DATA SUFFERED EXCEPT AS PROVIDED HEREIN, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE LICENSED CONTENTSERVICES, OR OTHER INTANGIBLE LOSS. THE REVIEW SITE, WHETHER BASED FOREGOING LIMITATIONS ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND CHEMAXON'S LIABILITY SHALL APPLY WHETHER OR NOT THE REVIEW CHEMAXON HAS BEEN ADVISED OF OR ITS SUPPLIERS SHOULD HAVE BEEN ADVISED AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGELOSSES ARISING. SUBSCRIBER AGREES THAT NOTWITHSTANDING THE REVIEW WILL FOREGOING, NOTHING HEREIN SHALL EXCLUDE OR LIMIT CHEMAXON'S LIABILITY FOR LOSSES WHICH MAY NOT BE LIABLE FOR ANY CREDITS LAWFULLY EXCLUDED OR REFUNDS FOR SERVICE INTERRUPTIONS, LATENCY, INCOMPLETE CONTENT TRANSMISSION, GENERAL NETWORK FAILURES OR OTHER FAILURES REGARDING CONTENT ACCESS OR TRANSMISSION WHICH MAY FROM TIME TO TIME MAKE THE LICENSED CONTENT OR THE REVIEW SITE UNAVAILABLE TO AUTHORIZED USERS. THE SUBSCRIBER FURTHER AGREES THAT NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THE LICENSED CONTENT MAY BE BROUGHT LIMITED BY THE SUBSCRIBER MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH ACTION HAS OCCURREDAPPLICABLE LAW.