Common use of Liability Limitations Clause in Contracts

Liability Limitations. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES), WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH IN THIS AGREEMENT, (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITY, (C) A BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDER, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENT.

Liability Limitations. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER PARTY CLEANBRAIN, CLEANBRAIN EMPLOYEES, OR SALES CONTRACTORS BE LIABLE TO THE OTHER CLIENT OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA OR CLIENT DATA, COST OF RECREATING LOST DATA OR CLIENT DATA, COST OF COVER, OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND KIND, IN CONNECTION WITH OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES), WHETHER FORESEEABLE OR NOT, ARISING OUT OF THIS AGREEMENT OR RELATING TO ANY LICENSE, INCLUDING, BUT NOT LIMITED TO, THE FURNISHING, PERFORMANCE OR USE OF THE CLEANTELLIGENT SUBSCRIPTION SERVICES, SOFTWARE, DOCUMENTATION, PHONE/EMAIL/WEBINAR/CHAT SUPPORT, CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, BASIC SUPPORT SERVICES, PRIORITY SUPPORT SERVICES, BUSINESS INTELLIGENCE/VISUALIZER SERVICES, OR OTHER ITEMS OR SERVICES PROVIDED HEREUNDER OR ANY DELAY IN DELIVERY OR FURNISHING THE CLEANTELLIGENT SUBSCRIPTION SERVICES, SOFTWARE, DOCUMENTATION, PHONE/EMAIL/WEBINAR/CHAT SUPPORT, CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, BASIC SUPPORT SERVICES, PRIORITY SUPPORT SERVICES, BUSINESS INTELLIGENCE/VISUALIZER SERVICES, OR SAID ITEMS OR SERVICES, EVEN IF CLEANBRAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY TERM OF THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY , CLEANBRAIN’S MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT OR IN TORT OR UNDER ANY OTHER FORM OF THE FOREGOINGLIABILITY) FOR DAMAGES OR LOSS, HOWSOEVER ARISING OR CAUSED, WHETHER OR NOT ARISING FROM CLEANBRAIN’S NEGLIGENCE, SHALL IN NO EVENT WILL EITHER PARTY BE LIABLE GREATER THAN THE AMOUNT OF THE ACCESS FEES PAID TO CLEANBRAIN BY CLIENT DURING THE LAST SIX MONTHS PRIOR TO THE OTHER DATE OF THE EVENT GIVING RISE TO SUCH LIABILITY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CLEANBRAIN SHALL HAVE NO LIABILITY TO CLIENT OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF ALLEGED INFRINGEMENT RELATING TO THIS AGREEMENT IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM▇▇▇▇, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOINGCLEANTELLIGENT SUBSCRIPTION SERVICES, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH IN THIS AGREEMENTSOFTWARE, (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITYDOCUMENTATION, (C) A BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDERPHONE/EMAIL/WEBINAR/CHAT SUPPORT, (D) FOR PERSONAL INJURY CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, BASIC SUPPORT SERVICES, PRIORITY SUPPORT SERVICES, OR PATENT INFRINGEMENT BUSINESS INTELLIGENCE/VISUALIZER SERVICES, OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTCLAIM THEREOF.

Liability Limitations. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER (a) Direct Damages NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY OTHER, WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STRICT LIABILITY, STATUTE, LAW, EQUITY, OR OTHERWISE ARISING UNDER OR RELATED TO A SERVICE AGREEMENT FOR: (A) INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTALOR PUNITIVE DAMAGES; (B) LOSS OF PROFITS OR REVENUE (OTHER THAN IN AN ACTION BY VENDOR TO RECOVER PAYMENT OF A PRICE OWED); OR (C) LOSS OF REPUTATION, EXEMPLARYGOODWILL, PUNITIVE TIME, OPPORTUNITY, OR CONSEQUENTIAL ACCESS TO DATA, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OF ANY KIND DAMAGES, EXCEPT AS PROVIDED IN SECTION 18.2 OR NATURE AS OTHERWISE SPECIFICALLY PROVIDED FOR IN THE SERVICE AGREEMENT. As used in this Section 18, “Party” includes a Party to this Master Agreement and its Affiliates, employees, agents, contractors, and suppliers when acting in that capacity with respect to a Service Agreement (INCLUDING LOST PROFITS AND LOST REVENUESincluding, without limitation, any Purchase Order under a Service Agreement or any Adoption Agreement), WHETHER FORESEEABLE OR NOTand any Persons claiming by or through a Party to this Master Agreement. (b) Damages Cap EXCEPT AS PROVIDED IN SECTION 18.2(a)(ii), ARISING OUT OF OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT NEITHER PARTY WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY OTHER, REGARDLESS OF THE FORMS OF ACTION THAT IMPOSE LIABILITY, FOR ANY LOSSES OR DAMAGES AMOUNTS UNDER A SERVICE AGREEMENT GREATER THAN THE CHARGES PAID AND PAYABLE BY COMPANY UNDER THE SERVICE AGREEMENT FOR THE TWELVE (12) CONSECUTIVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT IN EXCESS OCCURRENCE OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIMAPPLICABLE EVENT, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY ACT OR OMISSION GIVING RISE TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO LAST SUCH CLAIM (A) AN OBLIGATION OF INDEMNITY SET FORTH IN THIS AGREEMENT, (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITY, (C) A BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDER, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTthe “Direct Damages Cap”).

Liability Limitations. EXCEPT EXCLUDING LOSSES ARISING PURSUANT TO SECTION 9 OR FOR A PARTY’S GROSS NEGLIGENCE, WILLFUL OR INTENTIONAL MISCONDUCT OR FRAUD, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY’S LIABILITY TO THE OTHER HEREUNDER FOR ANY LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, DEFICIENCIES, COSTS OR EXPENSES, INCLUDING THE REASONABLE FEES AND REASONABLE EXPENSES OF LEGAL COUNSEL, ACCOUNTANTS OR OTHER EXPERTS AND PROFESSIONAL ADVISERS (COLLECTIVELY, “LOSS”), ARISING FROM OR RELATING TO THIS AGREEMENT OR THE PROVISION OF THE SERVICES HEREUNDER WILL NOT EXCEED THE AMOUNT PAID BY CLIENT TO ESENTIRE FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING SPECIFIC SERVICE TO WHICH SUCH CLAIM RELATES DURING THE SIX-MONTH PERIOD PRIOR TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENTDATE THE LOSS OCCURRED. IN NO THE EVENT CLIENT IS PURCHASING SERVICES THROUGH A RESELLER, EACH PARTY’S LIABILITY TO THE OTHER HEREUNDER FOR ANY LOSS (AS DEFINED ABOVE) WILL NOT EXCEED TWO HUNDRED FIFTY THOUSAND U.S. DOLLARS (USD$250,000). REGARDLESS OF THE NATURE OF THE CLAIM OR THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, VIOLATION OF ANY REQUIREMENTS OF LAW, BREACH OF CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT), NEITHER PARTY SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY ANY: INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, INCIDENTALCONSEQUENTIAL OR PUNITIVE DAMAGES (EVEN IF THE PARTY CAUSING SUCH LOSS OR DAMAGE HAS BEEN ADVISED OR HAD KNOWLEDGE OF THE POSSIBILITY OF SAME OR COULD REASONABLY HAVE FORESEEN SAME), EXEMPLARYINCLUDING LOST BUSINESS REVENUE, PUNITIVE LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF PROFITS OR CONSEQUENTIAL LOSSES FAILURE TO REALIZE EXPECTED PROFITS OR DAMAGES SAVINGS). FOR GREATER CERTAINTY, WHERE CLIENT RECEIVES SERVICES THROUGH A RESELLER, ESENTIRE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER IN RESPECT OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES), WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH IN THIS AGREEMENT, (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITY, (C) A BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDER, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OMISSIONS, REPRESENTATIONS OR INTENTIONAL MISREPRESENTATIONSWARRANTIES PROVIDED BY SUCH RESELLER. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS PARTIES AGREE THAT THIS SECTION 8 REPRESENTS A REASONABLE ALLOCATION OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTRISK.

Liability Limitations. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY IN ANY MANNER, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHER THEORY, FOR ANY INDIRECT, SPECIALCONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE PUNITIVE, STATUTORY OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE (INCLUDING SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND LOST REVENUES)LOSS OF DATA, REGARDLESS OF WHETHER FORESEEABLE OR NOT, ARISING OUT SUCH PARTY WAS ADVISED OF OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY WAS AWARE OF THE FOREGOING, POSSIBILITY OR SUCH DAMAGES. IN NO EVENT WILL EITHER PARTY BE LIABLE TO SHALL THE OTHER PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIMTOTAL, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE CUMULATIVE LIABILITY OF EITHER ONE PARTY TO THE OTHER PARTY HEREUNDERREGARDING ANY AND ALL CLAIMS AND CAUSES OF ACTION, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED TEN MILLION DOLLARS ($10,000,000). NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN LIMITATIONS SET FORTH IN THIS PARAGRAPH SHALL BE DEEMED TO LIMIT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY LIMITED REMEDIES SET FORTH IN THIS AGREEMENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, (B) FOR DAMAGES RESULTING FROM A BREACH OF AND THAT THE FOREGOING LIMITATIONS IN THIS PARAGRAPH ARE AN OBLIGATION OF CONFIDENTIALITY, (C) A BREACH ESSENTIAL BASIS OF THE OBLIGATIONS IN EXHIBIT J HEREUNDER, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. BARGAIN BETWEEN THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTPARTIES.

Liability Limitations. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER PARTY CLEANBRAIN, CLEANBRAIN EMPLOYEES, OR SALES CONTRACTORS BE LIABLE TO THE OTHER CLIENT OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA OR CLIENT DATA, COST OF RECREATING LOST DATA OR CLIENT DATA, COST OF COVER, OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND KIND, IN CONNECTION WITH OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES), WHETHER FORESEEABLE OR NOT, ARISING OUT OF THIS AGREEMENT OR RELATING TO ANY LICENSE, INCLUDING, BUT NOT LIMITED TO, THE FURNISHING, PERFORMANCE OR USE OF THE CLEANTELLIGENT SUBSCRIPTION SERVICES, SOFTWARE, DOCUMENTATION, PHONE/EMAIL/WEBINAR/CHAT SUPPORT, CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, BASIC SUPPORT SERVICES, PRIORITY SUPPORT SERVICES, BUSINESS INTELLIGENCE/VISUALIZER SERVICES, OR OTHER ITEMS OR SERVICES PROVIDED HEREUNDER OR ANY DELAY IN DELIVERY OR FURNISHING THE CLEANTELLIGENT SUBSCRIPTION SERVICES, SOFTWARE, DOCUMENTATION, PHONE/EMAIL/WEBINAR/CHAT SUPPORT, CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, BASIC SUPPORT SERVICES, PRIORITY SUPPORT SERVICES, BUSINESS INTELLIGENCE/VISUALIZER SERVICES, OR SAID ITEMS OR SERVICES, EVEN IF CLEANBRAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY TERM OF THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY , CLEANBRAIN’S MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT OR IN TORT OR UNDER ANY OTHER FORM OF THE FOREGOINGLIABILITY) FOR DAMAGES OR LOSS, HOWSOEVER ARISING OR CAUSED, WHETHER OR NOT ARISING FROM CLEANBRAIN’S NEGLIGENCE, SHALL IN NO EVENT WILL EITHER PARTY BE LIABLE GREATER THAN THE AMOUNT OF THE USER LICENSE FEES PAID TO CLEANBRAIN BY CLIENT DURING THE LAST SIX MONTHS PRIOR TO THE OTHER DATE OF THE EVENT GIVING RISE TO SUCH LIABILITY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CLEANBRAIN SHALL HAVE NO LIABILITY TO CLIENT OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF ALLEGED INFRINGEMENT RELATING TO THIS AGREEMENT IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM▇▇▇▇, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOINGCLEANTELLIGENT SUBSCRIPTION SERVICES, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH IN THIS AGREEMENTSOFTWARE, (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITYDOCUMENTATION, (C) A BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDERPHONE/EMAIL/WEBINAR/CHAT SUPPORT, (D) FOR PERSONAL INJURY CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, BASIC SUPPORT SERVICES, PRIORITY SUPPORT SERVICES, OR PATENT INFRINGEMENT BUSINESS INTELLIGENCE/VISUALIZER SERVICES, OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTCLAIM THEREOF.

Liability Limitations. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 9.1 Limitation of Liability IN NO EVENT SHALL EITHER PARTY BE LIABLE OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND INCLUDING FOR DAMAGES, LOSSES, CLAIMS, EXPENSES, COSTS, LEGAL FEES OR ANY OTHER HEADS, EXCEED THE LESSER OF INR 100,000 OR THE AMOUNT PAID BY YOU FOR THE SERVICES HEREUNDER IN THE THREE MONTHS IMEMDIATELY PRECEDING THE CLAIM. THE FOREGOING SHALL NOT LIMIT YOUR PAYMENT OBLIGATIONS UNDER SECTION 5 (FEES & PAYMENT FOR SERVICES) ABOVE. ADDITIONALLY, THE FACT THAT WE WERE PREVIOUSLY AWARE OF THE LIKLIHOOD OF OR COULD HAVE REASONABLY FORESEEN OR PREVENTED THE INCURRENCE OF ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, COSTS OR INJURY SHALL NOT CAUSE ANY ENHANCEMENT IN THE AFORESAID LIMITATION OF OUR LIABILITY, 9.2 Exclusion of Consequential and Related Damages IN ADDITION AND WITHOUT PREJUDICE TO THE OTHER PARTY FOREGOING, IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARYCONSEQUENTIAL, COVER OR PUNITIVE OR CONSEQUENTIAL DAMAGES. LOSSES OR DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES)EXPENSES HOWEVER CAUSED, WHETHER FORESEEABLE IN CONTRACT, TORT OR NOTUNDER ANY OTHER THEORY OF LIABILITY, ARISING OUT OF AND WHETHER OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY NOT WE HAVE BEEN ADVISED OF THE FOREGOING, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSSES OR DAMAGES POSSIBILITY OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH IN THIS AGREEMENT, (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITY, (C) A BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDER, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTDAMAGES.

Liability Limitations. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER PARTY CLEANBRAIN, CLEANBRAIN EMPLOYEES, OR SALES CONTRACTORS BE LIABLE TO THE OTHER CLIENT OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA OR CLIENT DATA, COST OF RECREATING LOST DATA OR CLIENT DATA, COST OF COVER, OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND KIND, IN CONNECTION WITH OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES), WHETHER FORESEEABLE OR NOT, ARISING OUT OF THIS AGREEMENT OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING ANY LICENSE, INCLUDING, BUT NOT LIMITED TO, THE GENERALITY FURNISHING, PERFORMANCE OR USE OF THE FOREGOINGCLEANTELLIGENT SUBSCRIPTION SERVICES, SOFTWARE, DOCUMENTATION, PHONE/EMAIL/WEBINAR/CHAT SUPPORT, CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, BASIC SUPPORT SERVICES, PRIORITY SUPPORT SERVICES, BUSINESS INTELLIGENCE/VISUALIZER SERVICES, ON-SITE TRAINING, JUMPSTART UNIVERSITY, CHILD ACCOUNT SERVICES, WHITE LABEL BRANDING, OR OTHER ITEMS, PRODUCTS OR SERVICES PROVIDED HEREUNDER OR ANY DELAY IN NO EVENT WILL EITHER PARTY BE LIABLE DELIVERY OR FURNISHING THE CLEANTELLIGENT SUBSCRIPTION SERVICES, SOFTWARE, DOCUMENTATION, PHONE/EMAIL/WEBINAR/CHAT SUPPORT, CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, BASIC SUPPORT SERVICES, PRIORITY SUPPORT SERVICES, BUSINESS INTELLIGENCE/VISUALIZER SERVICES, ON-SITE TRAINING, JUMPSTART UNIVERSITY, CHILD ACCOUNT SERVICES, WHITE LABEL BRANDING, OR SAID ITEMS, PRODUCTS OR SERVICES, EVEN IF CLEANBRAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE OTHER PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH CONTRARY IN THIS AGREEMENT, CLEANBRAIN’S MAXIMUM AGGREGATE LIABILITY (BWHETHER IN CONTRACT OR IN TORT OR UNDER ANY OTHER FORM OF LIABILITY) FOR DAMAGES RESULTING OR LOSS, HOWSOEVER ARISING OR CAUSED, WHETHER OR NOT ARISING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITYCLEANBRAIN’S NEGLIGENCE, (C) A BREACH SHALL IN NO EVENT BE GREATER THAN THE AMOUNT OF THE OBLIGATIONS IN EXHIBIT J HEREUNDERUSER LICENSE FEES PAID TO CLEANBRAIN BY CLIENT DURING THE LAST SIX (6) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO SUCH LIABILITY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CLEANBRAIN SHALL HAVE NO LIABILITY TO CLIENT OR ANY THIRD PARTY FOR ANY ALLEGED INFRINGEMENT RELATING TO THE MARK, (D) FOR PERSONAL INJURY CLEANTELLIGENT SUBSCRIPTION SERVICES, SOFTWARE, DOCUMENTATION, PHONE/EMAIL/WEBINAR/CHAT SUPPORT, CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, BASIC SUPPORT SERVICES, PRIORITY SUPPORT SERVICES, BUSINESS INTELLIGENCE/VISUALIZER SERVICES, ON-SITE TRAINING, JUMPSTART UNIVERSITY, CHILD ACCOUNT SERVICES, OR PATENT INFRINGEMENT WHITE LABEL BRANDING, OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTCLAIM THEREOF.

Liability Limitations. EXCEPT FOR WITH THE SOLE EXCEPTION OF THE EXPRESS TERMS OF ANY SERVICE-LEVEL GUARANTEE OR “MONEY BACK” GUARANTEE THEN IN EFFECT, THE APPLICATION, AND ALL OF ITS RELATED MATERIAL, IS MADE AVAILABLE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” REAXIUM MAKES NO WARRANTIES OR REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIESOF ANY KIND WITH RESPECT TO THE APPLICATION, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDERINCLUDING, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY WARRANTIES OF MERCHANTABILITYMERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR NON-INFRINGEMENT, EACH OF WHICH IS HEREBY EXPRESSLY DISCLAIMED. IN THERE IS NO EVENT SHALL EITHER PARTY BE LIABLE GUARANTEE THAT ACCESS TO THE OTHER PARTY APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED. REAXIUM IS NOT LIABLE FOR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF, OR THE INABILITY TO USE, THE SERVICE. REAXIUM IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTALCONSEQUENTIAL, EXEMPLARYPUNITIVE, PUNITIVE OR CONSEQUENTIAL LOSSES EXEMPLARY DAMAGES ARISING FROM OR DAMAGES OF RELATING TO THE SERVICE. THE MAXIMUM LIABILITY WITH RESPECT TO ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES), WHETHER FORESEEABLE OR NOT, SINGLE INCIDENT ARISING OUT OF OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING AGREEMENT SHALL NOT EXCEED THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL EITHER PARTY BE LIABLE AMOUNT PAID BY YOU TO THE OTHER PARTY REAXIUM FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST YOUR SUBSCRIPTION DURING THE 12 MONTH PERIOD MONTHS PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE INCIDENT. THE FOREGOING LIMITATION OF LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH IN THIS AGREEMENT, (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITY, (C) A BREACH APPLY EVEN IF REAXIUM HAD BEEN ADVISED OF THE OBLIGATIONS IN EXHIBIT J HEREUNDERPOSSIBILITY OF SUCH DAMAGES, KNEW OF THE POSSIBILITY, OR SHOULD HAVE KNOWN OF THE POSSIBILITY, REGARDLESS OF HOW SUCH DAMAGES MAY HAVE ARISEN, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH A CLAIM IS BASED. From time to time we may provide functionality that facilitates access to, or integrates with, other third-party applications or services (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTSe.g. synchronization with your associated organization’s website or servers). You give us the right to use Subscriber Data as required for the normal interaction and inter-operation of our App with the third-party application. We do not assume any responsibility for the operation or support of such application, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONSthe terms and conditions for use of those services – including important terms and conditions which may relate to their use of Subscriber Data - are set by the respective providers. THE PASTWARRANTY LIMITATIONS, PRESENT OR FUTURE DISCLAIMERS, AND OTHER LEGAL PROTECTIONS APPLICABLE TO REAXIUM HEREIN MAY BE ASSERTED IN FULL BY ITS PARENT, DIRECTORS, OFFICERS, EMPLOYEES EMPLOYEES, AGENTS AND STOCKHOLDERS AFFILIATED COMPANIES, AND EACH ARE INTENDED THIRD-PARTY BENEFICIARIES OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTSUCH PROTECTIONS.

Liability Limitations. EXCEPT FOR NEITHER PARTY (INCLUDING, IN THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREINCASE OF DEALERTRACK, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER PARTY ITS AFFILIATES) WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, EXEMPLARYMULTIPLE, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES)ANY DAMAGES RESULTING FROM ANY LOSS OF USE, WHETHER FORESEEABLE LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS OR NOT, OTHER ECONOMIC LOSS) ARISING OUT OF OR RELATING TO IN CONNECTION WITH THE APPLICABLE PARTICIPATION FORM AND/OR THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY , EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE FOREGOINGPOSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY (INCLUDING BREACH OF CONTRACT OR WARRANTY, IN NO EVENT EQUITY, STRICT LIABILITY, TORT OR OTHERWISE). ADDITIONALLY, THE AGGREGATE LIABILITY UNDER THIS AGREEMENT OF DEALERTRACK AND ITS AFFILIATES, ON THE ONE HAND, AND PROVIDER, ON THE OTHER HAND, WILL EITHER PARTY BE LIABLE EXPRESSLY LIMITED TO AN AMOUNT EQUAL TO THE OTHER PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING AMOUNT PAID BY PROVIDER TO THIS AGREEMENT DEALERTRACK UNDER THE APPLICABLE PARTICIPATION FORM IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD TWELVE (12) MONTHS PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY EVENT GIVING RISE TO THE OTHER PARTY HEREUNDERLIABILITY. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY FOREGOING LIMITATIONS OF LIABILITY WITH RESPECT WILL NOT APPLY TO (A) AN OBLIGATION A PARTY’S BREACH OF INDEMNITY SET FORTH IN THIS AGREEMENTITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 9, (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITYPARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 10, (C) A BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDERPARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44A PARTY’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS BREACH OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTAPPLICABLE PRIVACY LAWS.

Liability Limitations. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH AS EXPRESSLY SPECIFIED HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER PARTY THE PerkWiz PARTIES BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECTINJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES)KIND, WHETHER FORESEEABLE BASED IN CONTRACT, TORT, OR NOTOTHERWISE, ARISING AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR RELATING TO ARE ANY WAY CONNECTED WITH (1) THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY AGREEMENT (INCLUDING ANY CHANGES THERETO), (2) ANY USE OF THE FOREGOINGPerkWiz SITES, SERVICES, THE PerkWiz CONTENT, OR THE USER CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF ANY OF THE SERVICES), OR (4) YOUR VISIT TO ANY RESTAURANT OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY RESTAURANT OR MERCHANT IN NO EVENT WILL EITHER CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY BE DIRECTING YOU TO THE PerkWiz SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO THE OTHER PARTY USER FOR ANY LOSSES REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR DAMAGES LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE PerkWiz CONTENT. PerkWiz IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY KIND RESTAURANT FOR WHICH A USER HAS MADE A RESERVATION, CLAIMED AN OFFER OR NATURE ARISING OUT PROMOTION, OR PAID A BILL USING THE PAYMENT SERVICES OR ANY MERCHANT THAT ISSUES A MERCHANT GIFT CARD. IF YOU ARE A RESIDENT OF RELATING TO THE UK OR EU, THE LIMITATION OF LIABILITY IN THIS AGREEMENT IN EXCESS SHALL NOT APPLY TO ANY DAMAGE ARISING FROM OUR WILLFUL MISCONDUCT AND GROSS NEGLIGENCE, NOR SHALL IT APPLY TO DAMAGE FROM INJURY TO LIFE, BODY OR HEALTH. IF THE DISCLAIMER OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIMDIRECT DAMAGES ABOVE IS NOT ENFORCEABLE AT LAW, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENTTHE GIFT CARD TERMS, YOU EXPRESSLY AGREE THAT OUR LIABILITY TO YOU (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITY, (C) A BREACH AY CAUSE WHATSOEVER AND REGARDLESS OF THE OBLIGATIONS IN EXHIBIT J HEREUNDERFORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50). You and ▇▇▇▇▇▇▇ understand and agree that the disclaimers, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTSexclusions, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONSand limitations in this Section 19 and in Section 20 are essential elements of this Agreement and that they represent a reasonable allocation of risk. THE PASTIn particular, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTyou understand that ▇▇▇▇▇▇▇ would be unable to make the Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Liability Limitations. EXCEPT FOR NEITHER PARTY (INCLUDING, IN THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREINCASE OF XTIME, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER PARTY ITS AFFILIATES) WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, EXEMPLARYMULTIPLE, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES)ANY DAMAGES RESULTING FROM ANY LOSS OF USE, WHETHER FORESEEABLE LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS OR NOT, OTHER ECONOMIC LOSS) ARISING OUT OF OR RELATING TO IN CONNECTION WITH THE APPLICABLE PARTICIPATION FORM AND/OR THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY , EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE FOREGOINGPOSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY (INCLUDING BREACH OF CONTRACT OR WARRANTY, IN NO EVENT EQUITY, STRICT LIABILITY, TORT OR OTHERWISE). ADDITIONALLY, THE AGGREGATE LIABILITY UNDER THIS AGREEMENT OF XTIME AND ITS AFFILIATES, ON THE ONE HAND, AND PROVIDER, ON THE OTHER HAND, WILL EITHER PARTY BE LIABLE EXPRESSLY LIMITED TO AN AMOUNT EQUAL TO THE OTHER PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING AMOUNT PAID BY PROVIDER TO THIS AGREEMENT XTIME UNDER THE APPLICABLE PARTICIPATION FORM IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD TWELVE (12) MONTHS PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY EVENT GIVING RISE TO THE OTHER PARTY HEREUNDERLIABILITY. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY FOREGOING LIMITATIONS OF LIABILITY WITH RESPECT WILL NOT APPLY TO (A) AN OBLIGATION A PARTY’S BREACH OF INDEMNITY SET FORTH IN THIS AGREEMENTITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 9, (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITYPARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 9, (C) A BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDERPARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44A PARTY’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS BREACH OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTAPPLICABLE PRIVACY LAWS.

Liability Limitations. EXCEPT TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY OR CUSTOMER TOGETHER WITH ALL OF THEIR RESPECTIVE AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED IN THE AGGREGATE THE FEES PAID BY CUSTOMER TO COMPANY FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING AFFECTED SERVICES IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS MONTH IN WHICH THE CLAIM AROSE. CUSTOMERS SOLE REMEDY FOR A PARTICULAR PURPOSE FAILURE OR NON-INFRINGEMENTPERFORMANCE OF THE SERVICE OR EQUIPMENT TO MEET THE PERFORMANCE OR SERVICE LEVELS WILL BE TO RECEIVE A CREDIT AS SET OUT IN APPLICLE SCHEDULE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ANY SCHEDULE, OR ANY OTHER APPLICABLE TERMS, IN NO EVENT SHALL EITHER PARTY BE LIABLE RESPONSIBLE TO THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES DAMAGES, INCLUDIN G, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOSS OF DATA, THE COST OF SUBSTITUTE SERVICES OR DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES)DIMINUTION IN GOODWILL, WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGOTHER PARTY, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT IN EXCESS EVEN IF ADVISED OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS CLAUSE SHALL LIMIT THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY CUSTOMER TO PAY THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH IN THIS AGREEMENT, (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITY, (C) A BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDER, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTCHARGES.

Liability Limitations. EXCEPT FOR WITH THE EXPRESS REPRESENTATIONS SOLE EXCEPTION OF THE LIMITED WARRANTY PROVIDED IN SECTION 8, THE SOFTWARE AND WARRANTIES SET FORTH HEREINALL SERVICES HEREUNDER ARE PROVIDED “AS IS”, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIESWITHOUT WARRANTY OF ANY KIND TO CUSTOMER OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY IMPLIED WARRANTIES (I) OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED; OR (VIII) THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. IN NO EVENT EFFORTS BY LICENSOR TO MODIFY THE SOFTWARE SHALL EITHER PARTY NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. NEITHER LICENSOR NOR ANY OF ITS SUPPLIERS OR RESELLERS SHALL BE LIABLE TO THE OTHER CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS OR REVENUE, LOSS OF USE, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND WHETHER UNDER THIS LICENSE OR NATURE OTHERWISE, EVEN IF LICENSOR OR ITS SUPPLIERS OR RESELLERS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS NEGLIGENT. IN ANY EVENT, LICENSOR’S SOLE AND EXCLUSIVE LIABILITY FOR BREACH OF THIS WARRANTY SHALL BE, AT LICENSOR’S SOLE DISCRETION, (INCLUDING LOST PROFITS AND LOST REVENUES)A) REPLACEMENT OF SOFTWARE OR SERVICE IF AT ANY TIME THE SOFTWARE OR SERVICE DOES NOT CONFORM TO THE WARRANTY IN SECTION 8 OR (B) A PRORATED REFUND. EXCEPT FOR LICENSOR’S INDEMNIFICATION OBLIGATIONS HEREUNDER, WHETHER FORESEEABLE OR NOTLICENSOR’S ENTIRE, CUMULATIVE LIABILITY FOR MONEY DAMAGES ARISING OUT OF THIS AGREEMENT AND/OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY LICENSING OF THE FOREGOING, IN NO EVENT WILL EITHER PARTY BE LIABLE TO SOFTWARE SHALL NOT EXCEED THE OTHER PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT IN EXCESS AMOUNT OF THE TOTAL AMOUNT ACTUALLY FEES PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST CUSTOMER FOR THE SOFTWARE DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIMTHREE (3) MONTHS PRECEDING THE EVENT CAUSING LIABILITY. In jurisdictions that prohibit the exclusion or limitation of liability for consequential or incidental damages, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH IN THIS AGREEMENT, (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITY, (C) A BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDER, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTLicensor’s liability is limited to the greatest extent permitted by law.

Liability Limitations. EXCEPT FOR NEITHER PARTY (INCLUDING, IN THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREINCASE OF XTIME, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER PARTY ITS AFFILIATES) WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECTANYINDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, EXEMPLARYMULTIPLE, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES)ANY DAMAGES RESULTING FROM ANY LOSS OF USE, WHETHER FORESEEABLE LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS OR NOT, OTHER ECONOMIC LOSS) ARISING OUT OF OR RELATING TO IN CONNECTION WITH THE APPLICABLE PARTICIPATION FORM AND/OR THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY , EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE FOREGOINGPOSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY (INCLUDING BREACH OF CONTRACT OR WARRANTY, IN NO EVENT EQUITY, STRICT LIABILITY, TORT OR OTHERWISE). ADDITIONALLY, THE AGGREGATE LIABILITY UNDER THIS AGREEMENT OF XTIME AND ITS AFFILIATES, ON THE ONE HAND, AND PROVIDER, ON THE OTHER HAND, WILL EITHER PARTY BE LIABLE EXPRESSLY LIMITED TO AN AMOUNT EQUAL TO THE OTHER PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING AMOUNT PAID BY PROVIDER TO THIS AGREEMENT XTIME UNDER THE APPLICABLE PARTICIPATION FORM IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD TWELVE (12) MONTHS PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY EVENT GIVING RISE TO THE OTHER PARTY HEREUNDERLIABILITY. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY FOREGOING LIMITATIONS OF LIABILITY WITH RESPECT WILL NOT APPLY TO (A) AN OBLIGATION A PARTY’S BREACH OF INDEMNITY SET FORTH IN THIS AGREEMENTITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 9, (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITYPARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 9, (C) A BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDERPARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44A PARTY’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS BREACH OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTAPPLICABLE PRIVACY LAWS.

Liability Limitations. EXCEPT FOR NEITHER PARTY (INCLUDING, IN THE EXPRESS REPRESENTATIONS CASE OF DDC, ITS AFFILIATES AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIRD PARTIES PROVIDING THIRD PARTY MATERIALS IN CONNECTION WITH THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER PARTY AGREEMENT) WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, EXEMPLARYMULTIPLE, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES)ANY DAMAGES RESULTING FROM ANY LOSS OF USE, WHETHER FORESEEABLE LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS OR NOT, OTHER ECONOMIC LOSS) ARISING OUT OF OR RELATING TO THIS IN CONNECTION WITH THE AGREEMENT. WITHOUT LIMITING THE GENERALITY , EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE FOREGOINGPOSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, IN NO EVENT THE AGGREGATE LIABILITY UNDER THE AGREEMENT OF DDC, ITS AFFILIATES AND ITS THIRD PARTIES, ON THE ONE HAND, AND VENDOR AND VENDOR’S AFFILIATES, ON THE OTHER HAND, WILL EITHER PARTY BE LIABLE EXPRESSLY LIMITED TO AN AMOUNT EQUAL TO THE OTHER PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING AMOUNT PAID BY VENDOR TO THIS DDC UNDER THE AGREEMENT IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD TWELVE (12) MONTHS PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY EVENT GIVING RISE TO THE OTHER PARTY HEREUNDERLIABILITY. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY FOREGOING LIMITATIONS OF LIABILITY WITH RESPECT WILL NOT APPLY TO (A) AN OBLIGATION OF INDEMNITY SET FORTH IN THIS A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER THE AGREEMENT, (B) FOR DAMAGES AND LOSSES RESULTING FROM A VENDOR’S BREACH OF AN OBLIGATION OF CONFIDENTIALITYTHE RESTRICTIONS IN SECTION 5, OR (C) A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, INCLUDING WITH RESPECT TO A PARTY’S BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDER, SECTION 9 (DCONFIDENTIAL INFORMATION) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTAPPLICABLE PRIVACY LAWS.

Liability Limitations. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT BELL SHALL EITHER PARTY NOT BE LIABLE TO THE OTHER PARTY FOR ANY (A) DAMAGES, CLAIMS, LOSSES, INJURIES, TAXES, EXPENSES OR COSTS (“DAMAGES”) ARISING OUT OF ANY ERRORS, UNAVAILABILITY OR INTERRUPTIONS IN CONNECTION WITH ANY BELL SERVICES OR ANY ACTUAL OR MISSED INSTALLATION APPOINTMENTS; AND/OR (B) INDIRECT, SPECIAL, INCIDENTALCONSEQUENTIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES OR INCIDENTAL DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES), WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSSES REASON WHATSOEVER. SUBJECT TO ANY OTHER LIMITATION OR DAMAGES EXCLUSION OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH CONTAINED IN THIS AGREEMENT, ▇▇▇▇'▇ CUMULATIVE LIABILITY TO YOU FOR ALL BELL SERVICES PROVIDED HEREUNDER FOR DAMAGES, INCLUDING DAMAGES ARISING FROM ▇▇▇▇’▇ NEGLIGENCE, BREACH OF CONTRACT, TORT OR OTHER CAUSES OF ACTION, INLUDING FUNDAMENTAL BREACH, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AGGREGATE MONTHLY FEES (BLESS ALL DISCOUNTS, INCENTIVES, PROMOTIONS AND CREDITS) PAID BY YOU FOR THE SPECIFIC BELL SERVICE(S) THAT GAVE RISE TO THE DAMAGES DURING THE 1 MONTH PERIOD BEFORE THE EVENT GIVING RISE TO THE DAMAGES, LESS AMOUNTS PAID (IF ANY) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITY, (C) A BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDER, (D) PREVIOUS CLAIMS FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONSSUCH BELL SERVICE. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES BELL SHALL NOT HAVE BE RESPONSIBLE OR LIABLE TO YOU FOR ANY PERSONAL LIABILITY CONTENT, APPLICATIONS OR OBLIGATION SERVICES PROVIDED TO ROW 44 ARISING UNDER THIS AGREEMENTYOU BY A THIRD-PARTY FOR USE WITH ANY BELL SERVICES EVEN IF BELL IS BILLING AND COLLECTING FEES ON BEHALF OF SUCH A THIRD- PARTY. Without limiting the generality of the foregoing, Bell is not liable for (a) any act or omissions of a telecommunications carrier whose facilities are used in establishing connections to points which Bell does not directly serve; (b) defamation, trademark, copyright, or any intellectual property right infringement arising from material transmitted or received over ▇▇▇▇’▇ facilities or claims based on a contention that the use of equipment through your account infringes the intellectual property rights of a third-party; or (c) infringement of any intellectual property right arising from combining or using non-Bell Equipment and facilities with Bell Services.

Liability Limitations. NOTWITHSTANDING ANYTHING CONTAINED HEREIN (OR IN ANY SLA OR SIGNED ORDER FORM) TO THE CONTRARY, THE MAXIMUM LIABILITY AND OBLIGATION OF COMPANY AS A RESULT OF OR IN CONNECTION WITH THE DELIVERY OF ANY SERVICE HEREUNDER OR THE OBLIGATIONS HEREUNDER (INCLUDING WITHOUT LIMITATION, AS A RESULT OF ANY BREACH OF THIS AGREEMENT OR ANY GROSS NEGLIGENCE OF COMPANY) SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO COMPANY FOR THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE MONTH IN WHICH THE FIRST CLAIM AROSE; AND PROVIDED FURTHER THAT, FOR THE AVOIDANCE OF ALL DOUBT, CUSTOMER SHALL NOT BE ENTITLED TO RECOVER ANY AMOUNT IN EXCESS OF THE AMOUNT ACTUALLY PAID BY CUSTOMER TO COMPANY FOR THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE MONTH IN WHICH THE FIRST CLAIM AROSE IN CONNECTION WITH OR AS A RESULT OF THE DELIVERY OF ANY SERVICES HEREUNDER OR THE OBLIGATIONS HEREUNDER. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES INDEMNIFICATION OBLIGATIONS SET FORTH HEREINUNDER SECTION 7(c) HEREOF AND SUBJECT TO THE OBLIGATIONS SET FORTH IN SECTION 7(c) HEREOF, ROW 44 SPECIFICALLY DISCLAIMS ALL NEITHER PARTY WILL BE LIABLE FOR ANY DAMAGES FOR LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, THE COST OF PURCHASING REPLACEMENT SERVICES, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES IN ANY WAY RELATED TO THIS AGREEMENT OR ANY ORDER. COMPANY WILL HAVE NO LIABILITY FOR ANY CLAIMS RELATING TO 911 OR OTHER EMERGENCY REFERRAL CALLS. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AND WARRANTIESRESPECTING THE SERVICE, EXPRESS OR IMPLIED, RELATING INCLUDING BUT NOT LIMITED TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES), WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH IN THIS AGREEMENT, (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITY, (C) A BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDER, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTPURPOSE.

Liability Limitations. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT BELL SHALL EITHER PARTY NOT BE LIABLE TO THE OTHER PARTY FOR ANY : (a) DAMAGES, CLAIMS, LOSSES, INJURIES, TAXES, EXPENSES OR COSTS (“DAMAGES”) ARISING OUT OF ANY ERRORS, UNAVAILABILITY OR INTERRUPTIONS IN CONNECTION WITH ANY BELL SERVICES OR ANY ACTUAL OR MISSED INSTALLATION APPOINTMENTS; AND/OR (b) INDIRECT, SPECIAL, INCIDENTALCONSEQUENTIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES OR INCIDENTAL DAMAGES OF ANY KIND OR NATURE FOR ANY REASON WHATSOEVER (INCLUDING LOST PROFITS AND PROFITS, ANTICIPATED OR LOST REVENUES)REVENUE, WHETHER FORESEEABLE OR NOTLOSS OF DATA, ARISING OUT LOSS OF OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSSES OR DAMAGES USE OF ANY KIND INFORMATION SYSTEM, FAILURE TO REALIZE EXPECTED SAVINGS, OR NATURE ARISING OUT ANY OTHER COMMERCIAL OR ECONOMIC LOSS). SUBJECT TO ANY OTHER LIMITATION OR EXCLUSION OF RELATING TO THIS AGREEMENT IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH CONTAINED IN THIS AGREEMENT, ▇▇▇▇'▇ CUMULATIVE LIABILITY TO CUSTOMER FOR ALL BELL SERVICES PROVIDED HEREUNDER FOR DAMAGES, INCLUDING DAMAGES ARISING FROM ▇▇▇▇’▇ NEGLIGENCE, BREACH OF CONTRACT, TORT OR OTHER CAUSES OF ACTION, INCLUDING FUNDAMENTAL BREACH, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AGGREGATE MONTHLY FEES (BLESS ALL DISCOUNTS, INCENTIVES, PROMOTIONS AND CREDITS) PAID BY CUSTOMER FOR THE SPECIFIC BELL SERVICE(S) THAT GAVE RISE TO THE DAMAGES DURING THE ONE (1) MONTH PERIOD BEFORE THE EVENT GIVING RISE TO THE DAMAGES, LESS AMOUNTS PAID (IF ANY) FOR DAMAGES RESULTING FROM PREVIOUS CLAIMS FOR SUCH BELL SERVICE. BELL SHALL NOT BE RESPONSIBLE OR LIABLE TO CUSTOMER FOR ANY CONTENT, APPLICATIONS OR SERVICES PROVIDED TO CUSTOMER BY A BREACH THIRD-PARTY FOR USE WITH ANY BELL SERVICES EVEN IF BELL IS BILLING AND COLLECTING FEES ON BEHALF OF AN OBLIGATION OF CONFIDENTIALITYSUCH A THIRD-PARTY. BELL AND THE BELL PROVIDERS ARE NOT LIABLE FOR, AND CUSTOMER SHALL BE LIABLE FOR, (CI) A BREACH THE USE OF THE BELL SERVICES PROVIDED BY BELL IN COMBINATION WITH SERVICES, PRODUCTS OR EQUIPMENT PROVIDED BY THE CUSTOMER OR ANY THIRD PARTIES, (II) THE FAILURE BY THE CUSTOMER TO PERFORM ITS OBLIGATIONS IN EXHIBIT J HEREUNDER, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENT, (III) CUSTOMER’S OR ANY OEND USER’S USE OF THE BELL SERVICES OR TRANSMISSION OF THE CONTENT (AS DEFINED IN SECTION 18), OR (IV) CLAIMS AGAINST BELL BY END USERS IN CONNECTION WITH THE BELL SERVICES. Without limiting the generality of the foregoing, Bell is not liable for (a) any act or omissions of a telecommunications carrier whose facilities are used in establishing connections to points which Bell does not directly serve; (b) defamation, trademark, copyright, or any intellectual property right infringement arising from material transmitted or received over ▇▇▇▇’▇ facilities or claims based on a contention that the use of equipment through Customer’s account infringes the intellectual property rights of a third- party; or (c) infringement of any intellectual property right arising from combining or using Non-Bell Equipment and facilities with Bell Services.

Liability Limitations. (a) EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH INDEMNIFICATION PROVISIONS PROVIDED HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES), WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY LIQUIDWARE AND ITS SUPPLIERS’ AGGREGATE LIABILITY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT IN EXCESS REGARDLESS OF THE TOTAL AMOUNT ACTUALLY FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE, EVER EXCEED THE FEES PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST RESELLER DURING THE 12 MONTH PERIOD PRIOR MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH CLAIM. (b) IN NO EVENT WILL LIQUIDWARE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF EITHER PARTY TO THE DATA, REVENUE, PROFITS, GOODWILL, USE OR OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOINGECONOMIC ADVANTAGE) ARISING OUT OF, NOTHING HEREIN SHALL BE DEEMED TO LIMIT OR IN ANY LIABILITY WAY CONNECTED WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH IN THIS AGREEMENT, (B) FOR DAMAGES ORDER OR RESULTING FROM A BREACH THE USE OF AN OBLIGATION OR INABILITY TO USE THE LICENSED SOFTWARE, INCLUDING THE FAILURE OF CONFIDENTIALITYESSENTIAL PURPOSE, (C) A BREACH EVEN IF LIQUIDWARE AND/OR ITS SUPPLIERS HAVE BEEN PREVIOUSLY ADVISED OF THE OBLIGATIONS IN EXHIBIT J HEREUNDERPOSSIBILITY OR LIKELIHOOD OF THE DAMAGES OCCURRING, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY AND WHETHER THE LIABILITY IS BASED ON ROW 44’S FRAUDULENT ACTSCONTRACT, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PASTTORT, PRESENT OR FUTURE DIRECTORSNEGLIGENCE, OFFICERSSTRICT LIABILITY, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL PRODUCTS LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTOTHERWISE. (c) The limitations above in this Section do not apply to a situation if, and only to the extent that, the limitations cannot under applicable laws limit the liability of Liquidware in that situation.

Liability Limitations. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT BELL SHALL EITHER PARTY NOT BE LIABLE TO THE OTHER PARTY FOR ANY : (a) DAMAGES, CLAIMS, LOSSES, INJURIES, TAXES, EXPENSES OR COSTS (“DAMAGES”) ARISING OUT OF ANY ERRORS, UNAVAILABILITY OR INTERRUPTIONS IN CONNECTION WITH ANY BELL SERVICES OR ANY ACTUAL OR MISSED INSTALLATION APPOINTMENTS; AND/OR (b) INDIRECT, SPECIAL, INCIDENTALCONSEQUENTIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES OR INCIDENTAL DAMAGES OF ANY KIND OR NATURE FOR ANY REASON WHATSOEVER (INCLUDING LOST PROFITS AND PROFITS, ANTICIPATED OR LOST REVENUES)REVENUE, WHETHER FORESEEABLE OR NOTLOSS OF DATA, ARISING OUT LOSS OF OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSSES OR DAMAGES USE OF ANY KIND INFORMATION SYSTEM, FAILURE TO REALIZE EXPECTED SAVINGS, OR NATURE ARISING OUT ANY OTHER COMMERCIAL OR ECONOMIC LOSS). SUBJECT TO ANY OTHER LIMITATION OR EXCLUSION OF RELATING TO THIS AGREEMENT IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH CONTAINED IN THIS AGREEMENT, ▇▇▇▇'▇ CUMULATIVE LIABILITY TO CUSTOMER FOR ALL BELL SERVICES PROVIDED HEREUNDER FOR DAMAGES, INCLUDING DAMAGES ARISING FROM ▇▇▇▇’▇ NEGLIGENCE, BREACH OF CONTRACT, TORT OR OTHER CAUSES OF ACTION, INCLUDING FUNDAMENTAL BREACH, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AGGREGATE MONTHLY FEES (BLESS ALL DISCOUNTS, INCENTIVES, PROMOTIONS AND CREDITS) PAID BY CUSTOMER FOR THE SPECIFIC BELL SERVICE(S) THAT GAVE RISE TO THE DAMAGES DURING THE ONE (1) MONTH PERIOD BEFORE THE EVENT GIVING RISE TO THE DAMAGES, LESS AMOUNTS PAID (IF ANY) FOR DAMAGES RESULTING FROM PREVIOUS CLAIMS FOR SUCH BELL SERVICE. BELL SHALL NOT BE RESPONSIBLE OR LIABLE TO CUSTOMER FOR ANY CONTENT, APPLICATIONS OR SERVICES PROVIDED TO CUSTOMER BY A BREACH THIRD-PARTY FOR USE WITH ANY BELL SERVICES EVEN IF BELL IS BILLING AND COLLECTING FEES ON BEHALF OF AN OBLIGATION OF CONFIDENTIALITYSUCH A THIRD-PARTY. ▇▇▇▇ AND THE BELL PROVIDERS ARE NOT LIABLE FOR, AND CUSTOMER SHALL BE LIABLE FOR, (CI) A BREACH THE USE OF THE BELL SERVICES PROVIDED BY BELL IN COMBINATION WITH SERVICES, PRODUCTS OR EQUIPMENT PROVIDED BY THE CUSTOMER OR ANY THIRD PARTIES, (II) THE FAILURE BY THE CUSTOMER TO PERFORM ITS OBLIGATIONS IN EXHIBIT J HEREUNDER, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENT, (III) CUSTOMER’S OR ANY OEND USER’S USE OF THE BELL SERVICES OR TRANSMISSION OF THE CONTENT (AS DEFINED IN SECTION 18), OR (IV) CLAIMS AGAINST BELL BY END USERS IN CONNECTION WITH THE BELL SERVICES. Without limiting the generality of the foregoing, Bell is not liable for (a) any act or omissions of a telecommunications carrier whose facilities are used in establishing connections to points which Bell does not directly serve; (b) defamation, trademark, copyright, or any intellectual property right infringement arising from material transmitted or received over ▇▇▇▇’▇ facilities or claims based on a contention that the use of equipment through Customer’s account infringes the intellectual property rights of a third- party; or (c) infringement of any intellectual property right arising from combining or using Non-▇▇▇▇ Equipment and facilities with Bell Services.

Liability Limitations. EXCEPT UNDER NO CIRCUMSTANCES WILL SIGMAFLOW OR ITS AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS BY CUSTOMER OR ANY THIRD PARTY (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, USE OF MONEY OR USE OF THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREINPRODUCTS, ROW 44 SPECIFICALLY DISCLAIMS ALL INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER REPRESENTATIONS AND WARRANTIESWORK OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF BREACH OF EXPRESS OR IMPLIEDIMPLIED WARRANTY, RELATING BREACH OF CONTRACT, BREACH OF ANY INTELLECTUAL PROPERTY RIGHT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EXCEPT ONLY IN THE CASE OF PERSONAL INJURY WHERE AND TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENTEXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO WILL THE OTHER PARTY FOR AGGREGATE LIABILITY INCURRED IN ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE ACTION OR CONSEQUENTIAL LOSSES PROCEEDING BY SIGMAFLOW OR DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES), WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT IN EXCESS OF ITS AUTHORIZED REPRESENTATIVE EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING CUSTOMER FOR THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE SPECIFIC LICENSED MATERIAL THAT DIRECTLY CAUSED THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH IN THIS AGREEMENT, (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITY, (C) A BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDER, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTDAMAGE.

Liability Limitations. EXCEPT REMEDY SHALL NOT BE LIABLE FOR ANY LIABILITIES, LOSSES, OR DAMAGES, INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, REVENUE, OR PROFITS, IN CONNECTION WITH OR ARISING OUT OF ANY FAILURE OR DEFECT IN OR UNAVAILABILITY OR USE OF THE EXPRESS REPRESENTATIONS SOFTWARE OR DOCUMENTATION, OR ANY PART THEREOF, OR THE HARDWARE AND WARRANTIES SET FORTH HEREINEQUIPMENT, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIESIF ANY, EXPRESS PURCHASED HEREUNDER, OR IMPLIED, RELATING TO THE ANY SERVICES PROVIDED HEREUNDER. REMEDY SHALL NOT HAVE ANY LIABILITY WITH RESPECT TO ANY LOSS OR DAMAGE RELATED TO ANY (i) FAILURE OF THE SOFTWARE; OR (ii) ANY USE OF THE SOFTWARE OR THE RESULTS OR DECISIONS MADE OR OBTAINED BY ROW 44 HEREUNDER, INCLUDING USERS OF ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE THE SOFTWARE OR NON-INFRINGEMENTDOCUMENTATION. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES), WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING TO REMEDY'S AGGREGATE TOTAL LIABILITY UNDER THIS AGREEMENT IN EXCESS EXCEED THE LESSER OF FRANCHISEE'S ACTUAL DIRECT DAMAGES OR THE TOTAL AMOUNT FRANCHISEE ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST REMEDY DURING THE 12 SIX MONTH PERIOD PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE IMMEDIATELY PRECEDING THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO DAMAGE-CAUSING EVENT. THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH LIMITATIONS CONTAINED IN THIS AGREEMENT, (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITY, (C) A BREACH OF THE OBLIGATIONS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS IN EXHIBIT J HEREUNDER, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTESSENTIAL PURPOSE.

Liability Limitations. EXCEPT FOR THE EXPRESS REPRESENTATIONS NEITHER PARTY (INCLUDING, ITS AFFILIATES, AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDERITS THIRD PARTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER ALL THIRD PARTY LICENSORS) WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, EXEMPLARYMULTIPLE, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES)ANY DAMAGES RESULTING FROM ANY LOSS OF USE, WHETHER FORESEEABLE LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS OR NOT, OTHER ECONOMIC LOSS) ARISING OUT OF OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING IN CONNECTION WITH THE GENERALITY APPLICABLE ORDER FORM OR THE USE OF ANY COX PRODUCT OR COX SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE FOREGOINGPOSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, IN NO EVENT THE AGGREGATE LIABILITY UNDER EACH ORDER FORM OF COX, ITS AFFILIATES AND ITS THIRD PARTIES (INCLUDING ALL THIRD PARTY LICENSORS), ON THE ONE HAND, AND CUSTOMER AND CUSTOMER REPRESENTATIVES, ON THE OTHER HAND, WILL EITHER PARTY BE LIABLE EXPRESSLY LIMITED TO AN AMOUNT EQUAL TO THE OTHER PARTY FOR ANY LOSSES OR DAMAGES GREATER OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) $3 MILLION, OR (B) AN OBLIGATION AMOUNT EQUAL TO THE AMOUNT PAID BY CUSTOMER TO COX FOR THE AFFECTED COX PRODUCT OR COX SERVICE UNDER THE APPLICABLE ORDER FORM IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE FOREGOING LIMITATIONS OF INDEMNITY SET FORTH IN THIS AGREEMENTLIABILITY WILL NOT APPLY TO: (A) DAMAGES AND LOSSES RESULTING FROM CUSTOMER’S BREACH OF SECTION 4 (USE RESTRICTIONS), (B) FOR DAMAGES AND LOSSES RESULTING FROM A PARTY’S BREACH OF AN OBLIGATION OF CONFIDENTIALITYSECTION 6 (PROPRIETARY RIGHTS AND LICENSES), (C) DAMAGES AND LOSSES RESULTING FROM A PARTY’S BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDERSECTION 7 (CONFIDENTIALITY), (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 9 (INDEMNIFICATION), OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44DAMAGES AND LOSSES RESULTING FROM A PARTY’S FRAUDULENT ACTSGROSS NEGLIGENCE, FRAUDULENT OMISSIONS WILLFUL MISCONDUCT, OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTACTS.

Liability Limitations. EXCEPT FOR NEITHER PARTY (INCLUDING, IN THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREINCASE OF XTIME, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER PARTY ITS AFFILIATES) WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, EXEMPLARYMULTIPLE, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES)ANY DAMAGES RESULTING FROM ANY LOSS OF USE, WHETHER FORESEEABLE LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS OR NOT, OTHER ECONOMIC LOSS) ARISING OUT OF OR RELATING TO IN CONNECTION WITH THE APPLICABLE PARTICIPATION FORM AND/OR THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY , EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE FOREGOINGPOSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY (INCLUDING BREACH OF CONTRACT OR WARRANTY, IN NO EVENT EQUITY, STRICT LIABILITY, TORT OR OTHERWISE). ADDITIONALLY, THE AGGREGATE LIABILITY UNDER THIS AGREEMENT OF XTIME AND ITS AFFILIATES, ON THE ONE HAND, AND PROVIDER, ON THE OTHER HAND, WILL EITHER PARTY BE LIABLE EXPRESSLY LIMITED TO AN AMOUNT EQUAL TO THE OTHER PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING AMOUNT PAID BY PROVIDER TO THIS AGREEMENT XTIME UNDER THE APPLICABLE PARTICIPATION FORM IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD TWELVE (12) MONTHS PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY EVENT GIVING RISE TO THE OTHER PARTY HEREUNDERLIABILITY. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY FOREGOING LIMITATIONS OF LIABILITY WITH RESPECT WILL NOT APPLY TO (A) AN OBLIGATION A PARTY’S BREACH OF INDEMNITY SET FORTH IN THIS AGREEMENTITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 9, (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITYPARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 10, (C) A BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDERPARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44A PARTY’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS BREACH OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTAPPLICABLE PRIVACY LAWS.

Liability Limitations. EXCEPT FOR WITH THE EXPRESS REPRESENTATIONS SOLE EXCEPTION OF THE LIMITED WARRANTY PROVIDED IN SECTION 8, THE SOFTWARE AND WARRANTIES SET FORTH HEREINALL SERVICES HEREUNDER ARE PROVIDED “AS IS”, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIESWITHOUT WARRANTY OF ANY KIND TO CUSTOMER OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY IMPLIED WARRANTIES (I) OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE; (II) OF INFORMATIONAL CONTENT OR NON-ACCURACY; (III) OF NON- INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED; OR (VIII) THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. IN NO EVENT EFFORTS BY LICENSOR TO MODIFY THE SOFTWARE SHALL EITHER PARTY NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. NEITHER LICENSOR NOR ANY OF ITS SUPPLIERS OR RESELLERS SHALL BE LIABLE TO THE OTHER CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS OR REVENUE, LOSS OF USE, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND WHETHER UNDER THIS LICENSE OR NATURE OTHERWISE, EVEN IF LICENSOR OR ITS SUPPLIERS OR RESELLERS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS NEGLIGENT. IN ANY EVENT, LICENSOR’S SOLE AND EXCLUSIVE LIABILITY FOR BREACH OF THIS WARRANTY SHALL BE, AT LICENSOR’S SOLE DISCRETION, (INCLUDING LOST PROFITS AND LOST REVENUES)A) REPLACEMENT OF SOFTWARE OR SERVICE IF AT ANY TIME THE SOFTWARE OR SERVICE DOES NOT CONFORM TO THE WARRANTY IN SECTION 8 OR (B) A PRORATED REFUND. EXCEPT FOR LICENSOR’S INDEMNIFICATION OBLIGATIONS HEREUNDER, WHETHER FORESEEABLE OR NOTLICENSOR’S ENTIRE, CUMULATIVE LIABILITY FOR MONEY DAMAGES ARISING OUT OF THIS AGREEMENT AND/OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY LICENSING OF THE FOREGOING, IN NO EVENT WILL EITHER PARTY BE LIABLE TO SOFTWARE SHALL NOT EXCEED THE OTHER PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT IN EXCESS AMOUNT OF THE TOTAL AMOUNT ACTUALLY FEES PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST CUSTOMER FOR THE SOFTWARE DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIMTHREE (3) MONTHS PRECEDING THE EVENT CAUSING LIABILITY. In jurisdictions that prohibit the exclusion or limitation of liability for consequential or incidental damages, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH IN THIS AGREEMENT, (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITY, (C) A BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDER, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTLicensor’s liability is limited to the greatest extent permitted by law.

Liability Limitations. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER PARTY CLEANBRAIN, CLEANBRAIN EMPLOYEES, OR SALES CONTRACTORS BE LIABLE TO THE OTHER CLIENT OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA OR CLIENT DATA, COST OF RECREATING LOST DATA OR CLIENT DATA, COST OF COVER, OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND KIND, IN CONNECTION WITH OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES), WHETHER FORESEEABLE OR NOT, ARISING OUT OF THIS AGREEMENT OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING ANY LICENSE, INCLUDING, BUT NOT LIMITED TO, THE GENERALITY FURNISHING, PERFORMANCE OR USE OF THE FOREGOINGCLEANTELLIGENT SUBSCRIPTION SERVICES, SOFTWARE, DOCUMENTATION, PHONE/EMAIL/WEBINAR/CHAT SUPPORT, CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, SUPPORT SERVICES, BUSINESS INTELLIGENCE PLATINUM & REPORT WRITER SERVICES, ON-SITE TRAINING, CHILD ACCOUNT SERVICES, WHITE LABEL BRANDING, OR OTHER ITEMS, PRODUCTS OR SERVICES PROVIDED HEREUNDER OR ANY DELAY IN NO EVENT WILL EITHER PARTY BE LIABLE DELIVERY OR FURNISHING THE CLEANTELLIGENT SUBSCRIPTION SERVICES, SOFTWARE, DOCUMENTATION, PHONE/EMAIL/WEBINAR/CHAT SUPPORT, CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, SUPPORT SERVICES, BUSINESS INTELLIGENCE PLATINUM & REPORT WRITER SERVICES, ON-SITE TRAINING, CHILD ACCOUNT SERVICES, WHITE LABEL BRANDING, OR SAID ITEMS, PRODUCTS OR SERVICES, EVEN IF CLEANBRAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE OTHER PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH CONTRARY IN THIS AGREEMENT, CLEANBRAIN’S MAXIMUM AGGREGATE LIABILITY (BWHETHER IN CONTRACT OR IN TORT OR UNDER ANY OTHER FORM OF LIABILITY) FOR DAMAGES RESULTING OR LOSS, HOWSOEVER ARISING OR CAUSED, WHETHER OR NOT ARISING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITYCLEANBRAIN’S NEGLIGENCE, (C) A BREACH SHALL IN NO EVENT BE GREATER THAN THE AMOUNT OF THE OBLIGATIONS IN EXHIBIT J HEREUNDERUSER LICENSE FEES PAID TO CLEANBRAIN BY CLIENT DURING THE LAST SIX (6) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO SUCH LIABILITY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CLEANBRAIN SHALL HAVE NO LIABILITY TO CLIENT OR ANY THIRD PARTY FOR ANY ALLEGED INFRINGEMENT RELATING TO THE ▇▇▇▇, (D) FOR PERSONAL INJURY CLEANTELLIGENT SUBSCRIPTION SERVICES, SOFTWARE, DOCUMENTATION, PHONE/EMAIL/WEBINAR/CHAT SUPPORT, CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, SUPPORT SERVICES, BUSINESS INTELLIGENCE PLATINUM & REPORT WRITER SERVICES, ON-SITE TRAINING, CHILD ACCOUNT SERVICES, OR PATENT INFRINGEMENT WHITE LABEL BRANDING, OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTCLAIM THEREOF.

Liability Limitations. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH AS MAY OTHERWISE BE PROVIDED HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS BSLD (INCLUDING ITS SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS AND ASSIGNS) MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO SERVICES OR PRODUCTS PROVIDED PURSUANT TO THIS AGREEMENT. BSLD SHALL NOT BE LIABLE FOR SERVICE IMPAIRMENTS CAUSED BY ACTS WITHIN THE CONTROL OF CUSTOMER, ITS AGENTS, EMPLOYEES OR LICENSEES OR INTEROPERABILITY OF SPECIFIC CUSTOMER APPLICATIONS. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE CONTENT OF COMMUNICATIONS TRANSMITTED BY CUSTOMER USING THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT. BSLD SHALL HAVE NO LIABILITY TO CUSTOMER FOR DAMAGES CAUSED BY ACTS OR EVENTS BEYOND BSLD'S CONTROL, INCLUDING THE ACTS OR OMISSIONS OF OTHER TELECOMMUNICATIONS SERVICES OR INTERCONNECTION WITH OTHER SERVICES PROVIDERS. BSLD SHALL HAVE NO LIABILITY FOR DAMAGES CAUSED BY CUSTOMER'S FAILURE TO PERFORM ITS RESPONSIBILITIES UNDER THIS AGREEMENT OR THE ANNEXES HERETO, OR FOR THE ACT OF THIRD PARTIES (INCLUDING BUT NOT LIMITED TO CUSTOMER'S END-USERS). BSLD DOES NOT GUARANTEE OR MAKE ANY WARRANTY WITH RESPECT TO THE SERVICES PROVIDED BY BSLD WHEN SUCH SERVICES ARE USED IN AN EXPLOSIVE ATMOSPHERE. BSLD SHALL BE INDEMNIFIED, DEFENDED, AND HELD HARMLESS BY CUSTOMER AGAINST ALL CLAIMS, LOSSES, OR DAMAGES, BY ANY PERSON RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURSUANT TO THIS AGREEMENT OR NON-INFRINGEMENTTHE ANNEXES HERETO WHEN USED IN AN EXPLOSIVE ATMOSPHERE. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE ALL OTHER PARTY RESPECT, BSLD'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDIES AGAINST BSLD FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE DAMAGES ARISING FROM ANY ACT OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES), WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR OMISSION RELATING TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY , REGARDLESS OF THE FOREGOINGFORM OF ACTION, IN NO EVENT WILL EITHER PARTY WHETHER BASED ON CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE SHALL BE LIABLE LIMITED TO THE OTHER PARTY FOR ANY LOSSES FOLLOWING: BSLD Proprietary Information RESTRICTED o ACTS OR DAMAGES OMISSIONS. BSLD'S LIABILITY TO CUSTOMER ON ACCOUNT OF ANY KIND ACTS OR NATURE ARISING OUT OF OMISSIONS RELATING TO THIS AGREEMENT IN EXCESS OF OR THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN ANNEXES HERETO SHALL BE DEEMED LIMITED TO LIMIT [*]. o SERVICE IMPAIRMENT. BSLD'S LIABILITY FOR SERVICE IMPAIRMENTS SHALL NOT EXCEED AN AMOUNT EQUAL TO [*]. o PROPERTY DAMAGES. BSLD'S LIABILITY TO CUSTOMER FOR DAMAGES TO REAL OR TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY BSLD'S NEGLIGENCE IN THE COURSE OF ITS PERFORMANCE OF THIS AGREEMENT SHALL BE LIMITED TO CUSTOMER'S PROVEN DAMAGES OF SUCH PROPERTY. o PERSONAL INJURY OR DEATH. BSLD'S LIABILITY TO CUSTOMER FOR BODILY INJURY OR DEATH TO ANY LIABILITY PERSON PROXIMATELY CAUSED BY BSLD NEGLIGENCE IN THE COURSE OF ITS PERFORMANCE OF THIS AGREEMENT SHALL BE LIMITED TO CUSTOMER'S PROVEN DAMAGES TO PERSON. o THIRD-PARTY PATENT INFRINGEMENT CLAIMS. NO LICENSE UNDER PATENTS (OTHER THAN THE LIMITED LICENSE TO USE) IS GRANTED BY BSLD OR SHALL BE IMPLIED OR ARISE BY ESTOPPEL, WITH RESPECT TO (A) AN OBLIGATION ANY SERVICE OFFERED PURSUANT TO THIS AGREEMENT OR THE ANNEXES HERETO. BSLD WILL DEFEND CUSTOMER AGAINST CLAIMS OF INDEMNITY SET FORTH IN THIS AGREEMENT, (B) FOR DAMAGES RESULTING PATENT INFRINGEMENT ARISING SOLELY FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITY, (C) A BREACH THE USE BY CUSTOMER OF THE OBLIGATIONS IN EXHIBIT J HEREUNDER, (D) SERVICES PROVIDED BY BSLD PURSUANT TO THIS AGREEMENT OR ANY APPLICABLE TARIFF AND WILL INDEMNIFY CUSTOMER FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY DAMAGES AWARDED BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTSUCH CLAIMS.

Liability Limitations. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT STAPLES SHALL EITHER PARTY NOT BE LIABLE TO THE OTHER PARTY FOR ANY (A) DAMAGES, CLAIMS, LOSSES, INJURIES, TAXES, EXPENSES OR COSTS (“DAMAGES”) ARISING OUT OF ANY ERRORS, UNAVAILABILITY OR INTERRUPTIONS IN CONNECTION WITH ANY STAPLES SERVICES OR ANY ACTUAL OR MISSED INSTALLATION APPOINTMENTS; AND/OR (B) INDIRECT, SPECIAL, INCIDENTALCONSEQUENTIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES OR INCIDENTAL DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES), WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSSES REASON WHATSOEVER. SUBJECT TO ANY OTHER LIMITATION OR DAMAGES EXCLUSION OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH CONTAINED IN THIS AGREEMENT, STAPLES‟ CUMULATIVE LIABILITY TO YOU FOR ALL STAPLES SERVICES PROVIDED HEREUNDER FOR DAMAGES, INCLUDING DAMAGES ARISING FROM STAPLES‟ NEGLIGENCE, BREACH OF CONTRACT, TORT OR OTHER CAUSES OF ACTION, INLUDING FUNDAMENTAL BREACH, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AGGREGATE MONTHLY FEES (BLESS ALL DISCOUNTS, INCENTIVES, PROMOTIONS AND CREDITS) PAID BY YOU FOR THE SPECIFIC STAPLES SERVICE(S) THAT GAVE RISE TO THE DAMAGES DURING THE 1 MONTH PERIOD BEFORE THE EVENT GIVING RISE TO THE DAMAGES, LESS AMOUNTS PAID (IF ANY) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITY, (C) A BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDER, (D) PREVIOUS CLAIMS FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONSSUCH STAPLES SERVICE. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES STAPLES SHALL NOT HAVE BE RESPONSIBLE OR LIABLE TO YOU FOR ANY PERSONAL LIABILITY CONTENT, APPLICATIONS OR OBLIGATION SERVICES PROVIDED TO ROW 44 ARISING UNDER THIS AGREEMENTYOU BY A THIRD-PARTY FOR USE WITH ANY STAPLES SERVICES EVEN IF STAPLES IS BILLING AND COLLECTING FEES ON BEHALF OF SUCH A THIRD-PARTY. Without limiting the generality of the foregoing, Staples is not liable for (a) any act or omissions of a telecommunications carrier whose facilities are used in establishing connections to points which Staples does not directly serve; (b) defamation, trademark, copyright, or any intellectual property right infringement arising from material transmitted or received over Staples‟ facilities or claims based on a contention that the use of equipment through your account infringes the intellectual property rights of a third-party; or (c) infringement of any intellectual property right arising from combining or using non- Staples Equipment and facilities with Staples Services.

Liability Limitations. The following limitations of liability will apply despite anything to the contrary in this Agreement: (a) EXCEPT FOR THE EXPRESS REPRESENTATIONS A PARTY'S BREACH OF ITS OBLIGATIONS REGARDING A PARTY'S CONFIDENTIAL INFORMATION AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENTPROPRIETARY RIGHTS. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES), WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSSES SPECIAL IN DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FROM BUSINESS INTERRUPTION, LOSS OF ANY KIND PROFITS OR NATURE REVENUE, OR LOSS OF GOODWILL). (b) EXCEPT FOR A PARTY'S BREACH OF ITS OBLIGATIONS REGARDING A PARTY'S CONFIDENTIAL INFORMATION AND PROPRIETARY RIGHTS. IN NO EVENT WILL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF RELATING TO OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY THE DISTRIBUTOR TO THE COMPANY FOR THE PURCHASE OF PRODUCTS UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE CLAIM OCCURRED. (c) THE LIMITATIONS OF THIS SECTION 5.7 WILL APPLY TO ALL CAUSES OF ACTION IN EXCESS THE AGGREGATE, WHETHER OR NOT FORESEEABLE, WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE TOTAL AMOUNT ACTUALLY PAID TO POSSIBILITY OF SUCH DAMAGES. AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING DESPITE ANY FAI LURE OF THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY ESSENTIAL PURPOSE OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT THIS AGREEMENT OR ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH IN LIMITED REMEDY UNDER THIS AGREEMENT, (B) FOR DAMAGES RESULTING FROM A INCLUDING WITHOUT LIMITATION, BREACH OF AN OBLIGATION OF CONFIDENTIALITYCONTRACT, (C) A BREACH OF WARRANTY, INDEMNIFICATION, NEGLIGENCE, STRICT LIABILITY, AND OTHER TORTS AND STATUTORY CLAIMS. EACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDERPARTIES ACKNOWLEDGES THAT IT UNDERSTANDS THE LEGAL AND ECONOMIC RAMIFICATIONS OF THE LIMITATIONS, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. AND AGREES THAT THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES LIMITATIONS ALLOCATE THE VARIOUS RISKS BETWEEN THE PARTIES AND STOCKHOLDERS FORM AN ESSENTIAL PART OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENT.

Liability Limitations. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING 9.1 NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES), WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGCONTRARY, IN NO EVENT WILL EITHER PARTY AXONIQ, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, INCLUDING AXONIQ LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, BUSINESS, GOODWILL, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION AT LAW OR IN EQUITY, OR IN CONTRACT OR TORT, EVEN IF AXONIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 9.2 NOTWITHSTANDING ANYTHING TO THE OTHER PARTY CONTRARY IN THIS AGREEMENT, AXONIQ’S TOTAL, AGGREGATE LIABILITY FOR ANY LOSSES DAMAGES AND EXPENSES ARISING UNDER OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING RELATED TO THIS AGREEMENT (WHETHER IN EXCESS AN ACTION AT LAW OR IN EQUITY, OR IN CONTRACT, TORT OR OTHERWISE OR WHETHER RELATED TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICES) WILL IN NO EVENT EXCEED THE AMOUNT OF 25% OF LICENSE FEES PAID UNDER THIS AGREEMENT IN THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 TWELVE (12) MONTH PERIOD PRIOR IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH THE CLAIM. HOWEVER, THIS LIMITATION WILL NOT APPLY IF YOU ONLY USE A FREE LICENSE, IN WHICH AMOUNT CASE OUR AGGREGATE LIABILITY WILL BE LIMITED TO ONE HUNDRED DOLLARS. THE MAXIMUM AGGREGATE LICENSEE ACKNOWLEDGES THAT AXONIQ’S PRICING REFLECTS THE ALLOCATION OF RISKS, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS, AND THE LIMITATION OF LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOINGIF ANY AXONIQ LIABILITY SUBJECT TO THIS SECTION MAY NOT LAWFULLY BE LIMITED OR DISCLAIMED. IN THAT CASE, NOTHING HEREIN IT SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT BE EXCLUDED FROM THIS PARAGRAPH, AND THIS PARAGRAPH SHALL BE INTERPRETED OTHERWISE TO (A) AN OBLIGATION OF INDEMNITY SET FORTH BE GIVEN FULL EFFECT. 9.3 THE EXCLUSIONS AND LIMITATIONS IN THIS AGREEMENT, (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITY, (C) A BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDER, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SECTION SHALL NOT HAVE ANY PERSONAL LIABILITY APPLY IN CASE OF GROSS NEGLIGENCE OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTWILFUL MISCONDUCT.

Liability Limitations. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING 4.1 NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES), WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGCONTRARY, IN NO EVENT WILL EITHER PARTY AXONIQ, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, INCLUDING AXONIQ LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, BUSINESS, GOODWILL, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF AXONIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 4.2 NOTWITHSTANDING ANYTHING TO THE OTHER PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH CONTRARY IN THIS AGREEMENT, (B) ▇▇▇▇▇▇’S LIABILITY FOR DAMAGES RESULTING FROM A BREACH AND EXPENSES HEREUNDER OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE OR WHETHER RELATED TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICES) WILL IN NO EVENT EXCEED THE AMOUNT OF AN OBLIGATION ONE HUNDRED EURO. LICENSEE ACKNOWLEDGES THAT AXONIQ’S PRICING REFLECTS THE ALLOCATION OF CONFIDENTIALITYRISKS, (C) A BREACH OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION OF LIABILITY HEREUNDER. 4.3 THE LIMITATIONS SET OUT IN THIS SECTION DO NOT APPLY IN CASE THE DAMAGE IS CAUSED BY THE WILLFUL INTENT OF GROSS NEGLIGENCE ON THE PART OF THE OBLIGATIONS IN EXHIBIT J HEREUNDER, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS MANAGEMENT OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTAXONIQ.

Liability Limitations. EXCEPT FOR NEITHER PARTY (INCLUDING, IN THE EXPRESS REPRESENTATIONS CASE OF ▇▇▇, ITS AFFILIATES, AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDERITS THIRD PARTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER ALL THIRD PARTY LICENSORS) WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, EXEMPLARYMULTIPLE, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES)ANY DAMAGES RESULTING FROM ANY LOSS OF USE, WHETHER FORESEEABLE LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS OR NOT, OTHER ECONOMIC LOSS) ARISING OUT OF OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING IN CONNECTION WITH THE GENERALITY APPLICABLE ORDER FORM OR THE USE OF ANY ▇▇▇ PRODUCT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE FOREGOINGPOSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, IN NO EVENT THE AGGREGATE LIABILITY UNDER EACH ORDER FORM OF COX, ITS AFFILIATES AND ITS THIRD PARTIES (INCLUDING ALL THIRD PARTY LICENSORS), ON THE ONE HAND, AND CUSTOMER AND CUSTOMER REPRESENTATIVES, ON THE OTHER HAND, WILL EITHER PARTY BE LIABLE EXPRESSLY LIMITED TO AN AMOUNT EQUAL TO THE OTHER PARTY AMOUNT PAID BY CUSTOMER TO ▇▇▇ (IN THE CASE OF ▇▇▇ LIABILITY) OR THE AMOUNT PAID OR PAYABLE BY CUSTOMER (IN THE CASE OF CUSTOMER LIABILITY) FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT THE AFFECTED ▇▇▇ PRODUCT UNDER THE APPLICABLE ORDER FORM IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD TWELVE (12) MONTHS PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY EVENT GIVING RISE TO THE OTHER PARTY HEREUNDERLIABILITY. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY FOREGOING LIMITATIONS OF LIABILITY WITH RESPECT WILL NOT APPLY TO (A) AN OBLIGATION OF INDEMNITY SET FORTH IN THIS AGREEMENT, A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 10 (INDEMNIFICATION); (B) FOR DAMAGES AND LOSSES RESULTING FROM A CUSTOMER’S BREACH OF AN OBLIGATION OF CONFIDENTIALITYTHE RESTRICTIONS IN SECTION 4 (USE RESTRICTIONS), OR (C) A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, INCLUDING WITH RESPECT TO A PARTY’S BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDER, SECTION 7 (DCONFIDENTIAL INFORMATION) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTAPPLICABLE PRIVACY LAWS.

Liability Limitations. EXCEPT FOR THE EXPRESS REPRESENTATIONS NEITHER PARTY’S LIABILITY, AND WARRANTIES SET FORTH HEREINCORRESPONDING DAMAGES, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIESWITH RESPECT TO ANY SINGLE, EXPRESS MULTIPLE, OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY SERIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES), WHETHER FORESEEABLE OR NOT, INCIDENTS ARISING OUT OF OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING NPA SaaS AGREEMENT (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) SHALL EXCEED THE GENERALITY TOTAL AGGREGATE DOLLARS ACTUALLY PAID BY CUSTOMER TO NTI FOR THE SaaS, NOVATIME SaaS MATERIALS AND PRODUCT SERVICES UNDER THE NPA SaaS AGREEMENT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT OR CAUSE GIVING RISE TO SUCH CLAIM FOR DAMAGES; AND IF SUCH LIABILITY RESULTS FROM CUSTOMER USE OF A PARTICULAR PORTION OF THE FOREGOINGSaaS, IN NO EVENT WILL EITHER PARTY NOVATIME SaaS MATERIALS, OR NTI PRODUCT/SERVICES UNDER THE NPA SaaS AGREEMENT, SUCH LIABILITY SHALL BE LIABLE LIMITED TO THE OTHER PARTY FEES PAID BY CUSTOMER TO NTI FOR ANY LOSSES THE DEFICIENT OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT IN EXCESS SHORTFALL PORTION OF THE TOTAL AMOUNT ACTUALLY PAID SaaS, NOVATIME SaaS MATERIALS, AND/OR PRODCUT/SERVICES GIVING RISE TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE LIABILITY. THE MAXIMUM AGGREGATE LIABILITY LIMITATION OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY PARTY’S LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH IN THIS AGREEMENT, (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITY, (C) A BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDER, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES PRIOR SENTENCE SHALL NOT HAVE ANY PERSONAL LIABILITY APPLY TO THE INDEMNITY OBLIGATIONS PER SECTION XV HEREOF OR OBLIGATION TO ROW 44 ARISING UNDER THIS ELSEWHERE IN THE NPA SaaS AGREEMENT.

Liability Limitations. (a) EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH INDEMNIFICATION PROVISIONS PROVIDED HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES), WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY LIQUIDWARE’S AND ITS SUPPLIERS’ AGGREGATE LIABILITY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT IN EXCESS REGARDLESS OF THE TOTAL AMOUNT ACTUALLY FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE, EVER EXCEED THE FEES PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DISTRIBUTOR DURING THE 12 MONTH PERIOD PRIOR MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH CLAIM. (b) IN NO EVENT WILL LIQUIDWARE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF EITHER PARTY TO THE DATA, REVENUE, PROFITS, GOODWILL, USE OR OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOINGECONOMIC ADVANTAGE) ARISING OUT OF, NOTHING HEREIN SHALL BE DEEMED TO LIMIT OR IN ANY LIABILITY WAY CONNECTED WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH IN THIS AGREEMENT, (B) FOR DAMAGES ORDER OR RESULTING FROM A BREACH THE USE OF AN OBLIGATION OR INABILITY TO USE THE LICENSED SOFTWARE, INCLUDING THE FAILURE OF CONFIDENTIALITYESSENTIAL PURPOSE, (C) A BREACH EVEN IF LIQUIDWARE AND/OR ITS SUPPLIERS HAVE BEEN PREVIOUSLY ADVISED OF THE OBLIGATIONS IN EXHIBIT J HEREUNDERPOSSIBILITY OR LIKELIHOOD OF THE DAMAGES OCCURRING, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY AND WHETHER THE LIABILITY IS BASED ON ROW 44’S FRAUDULENT ACTSCONTRACT, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PASTTORT, PRESENT OR FUTURE DIRECTORSNEGLIGENCE, OFFICERSSTRICT LIABILITY, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL PRODUCTS LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTOTHERWISE. (c) The limitations above in this Section do not apply to a situation if, and only to the extent that, the limitations cannot under applicable laws limit the liability of Liquidware in that situation.

Liability Limitations. EXCEPT IF CUSTOMER SHOULD BECOME ENTITLED TO CLAIM DAMAGES FROM THE COMPANY (INCLUDING WITHOUT LIMITATION, FOR INDEMNITY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER TORT CLAIM), THE COMPANY WILL BE LIABLE ONLY FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING AMOUNT OF CUSTOMER’S ACTUAL DIRECT DAMAGES UP TO THE AMOUNT THAT CUSTOMER PAID THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE FOR THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY THAT ARE THE SUBJECT OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENTTHE CLAIM. IN NO EVENT SHALL EVENT, HOWEVER, WILL EITHER PARTY (AND, IN THE CASE OF COMPANY, ITS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS) BE LIABLE TO THE OTHER OR ANY THIRD PARTY (AND, IN THE CASE OF COMPANY, ITS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS) IN THE AGGREGATE FOR ANY INDIRECTLOST PROFITS, LOSS OF BUSINESS, USE, SALES, SAVINGS, OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES DAMAGES, OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES), WHETHER FORESEEABLE RESULTING FROM OR NOT, ARISING OUT OF THIS AGREEMENT OR RELATING TO THIS AGREEMENTTHE SERVICES. WITHOUT LIMITING EVEN IF THE GENERALITY COMPANY HAS BEEN ADVISED OF THE FOREGOINGPOSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY WITH RESPECT TO ANY VIOLATION OF EITHER PARTY’S INTELLECTUAL PROPERTY RIGHTS AS SET FORTH HEREIN. COMPANY IS NOT AN INSURER WITH REGARD TO PERFORMANCE OF THE SERVICES. CUSTOMER AGREES TO ASSUME THE RISK FOR: (A) ALL LIABILITIES DISCLAIMED BY COMPANY HEREIN, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSSES OR AND (B) ALL ALLEGED DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING OF THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY LIMITED REMEDY PROVIDED HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY ALLOCATIONS OF LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH IN THIS AGREEMENTSUBSECTION 9(D) REPRESENT THE AGREED, (B) BARGAINED-FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITY, (C) A BREACH UNDERSTANDING OF THE OBLIGATIONS IN EXHIBIT J HEREUNDER, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44PARTIES AND COMPANY’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONSCOMPENSATION HEREUNDER REFLECTS SUCH ALLOCATIONS. THE PASTLIMITATION OF LIABILITY AND TYPES OF DAMAGES STATED IN THIS AGREEMENT ARE INTENDED BY THE PARTIES TO APPLY REGARDLESS OF THE FORM OF LAWSUIT OR CLAIM A PARTY MAY BRING, PRESENT WHETHER IN TORT, CONTRACT OR FUTURE DIRECTORSOTHERWISE, OFFICERSAND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL THE ABOVE LIMITATIONS OR EXCLUSIONS IN THIS SECTION 9 MAY NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION APPLY TO ROW 44 ARISING UNDER THIS AGREEMENTYOU.

Liability Limitations. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. a. IN NO EVENT SHALL EITHER PARTY TI, OR ANY APPLICABLE LICENSOR, BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARYCONSEQUENTIAL OR INDIRECT DAMAGES, PUNITIVE IN CONNECTION WITH OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES), WHETHER FORESEEABLE OR NOT, ARISING OUT OF THE LICENSES GRANTED HEREIN OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY EVALUATOR’S USE OF THE FOREGOINGLICENSED MATERIALS, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY AND REGARDLESS OF WHETHER TI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, COST OF REMOVAL OR REINSTALLATION, COMPUTER TIME, LABOR COSTS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, OR LOSS OF USE OR INTERRUPTION OF BUSINESS. b. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING TO SHALL TI’S AGGREGATE LIABILITY UNDER THIS AGREEMENT IN EXCESS EXCEED THE GREATER OF THE TOTAL AMOUNT ACTUALLY FEES PAID TO AND RECEIVED TI BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY EVALUATOR UNDER THIS AGREEMENT OR FIVE HUNDRED DOLLARS ($500). THIS LIMITATION APPLIES REGARDLESS OF EITHER PARTY TO THE WHETHER OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION PROVISIONS OF INDEMNITY SET FORTH IN THIS AGREEMENT, (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITY, (C) A BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDER, (D) FOR PERSONAL INJURY AGREEMENT HAVE BEEN BREACHED OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONSHAVE PROVEN INEFFECTIVE. THE PASTEXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THESE LIMITS. c. EVALUATOR ACKNOWLEDGES AND AGREES THAT THE FOREGOING LIABILITY LIMITATIONS ARE ESSENTIAL ELEMENTS OF THIS AGREEMENT AND THAT IN THE ABSENCE OF SUCH LIMITATIONS, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES THE MATERIAL AND STOCKHOLDERS ECONOMIC TERMS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTAGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.

Liability Limitations. EXCEPT UNDER NO CIRCUMSTANCES WILL AZ SELLER BE LIABLE FOR: LOSS OF REVENUE; LOSS OF DATA; LOSS OR LEVEL OF INVENTORY OR ITS EFFECT ON PRICING; LOSS OF ACTUAL OR ANTICIPATED PROFITS; LOSS OF CONTRACTS; LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, OR CONSEQUENTIAL OR INDIRECT LOSS OR SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING, FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREINAVOIDANCE OF DOUBT, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS WHERE SUCH LOSS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY DAMAGE IS ALSO OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE CATEGORY OF LOSS OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUESDAMAGE ALREADY LISTED), WHETHER FORESEEABLE OR NOTUNFORESEEABLE, BASED ON CLAIMS BY CUSTOMER OR ANY THIRD PARTY ARISING OUT OF ANY BREACH OR RELATING FAILURE OF EXPRESS OR IMPLIED WARRANTY CONDITIONS OR OTHER TERM, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, OTHER LIABILITY IN TORT, FAILURE OF ANY REMEDY TO THIS AGREEMENTACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. WITHOUT LIMITING AZ SELLER IS NOT LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR THE GENERALITY FAILURE OF A PERSON TO ENTER INTO A TRANSACTION BY MEANS OF CUSTOMER’S USE OF THE FOREGOINGSERVICES, IN NO EVENT WILL EITHER PARTY BE LIABLE TO TECHNOLOGY, ANY MODULE (OR OTHER SOFTWARE LICENSED) OR THE OTHER PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH IN THIS AGREEMENT, (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITY, (C) A BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDER, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTSERVICES.

Liability Limitations. EXCEPT FOR THIS PARAGRAPH LIMITS THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO LIABILITIES ARISING FROM THE SERVICES PROVIDED BY ROW 44 HEREUNDERAS WELL AS THE LIABILITIES ARISING UNDER THIS AGREEMENT AND ANY SOW, INCLUDING AND IS A BARGAINED-FOR AND MATERIAL PART OF OUR BUSINESS RELATIONSHIP WITH YOU. YOU ACKNOWLEDGE AND AGREE THAT MSP WOULD NOT PROVIDE ANY WARRANTY OF MERCHANTABILITYSERVICES, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENTENTER INTO ANY SOW OR THIS AGREEMENT, UNLESS MSP COULD RELY ON THE LIMITATIONS DESCRIBED IN THIS PARAGRAPH. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES DAMAGES, SUCH AS LOST REVENUE, LOSS OF ANY KIND OR NATURE PROFITS (INCLUDING LOST PROFITS EXCEPT FOR FEES DUE AND LOST REVENUESOWING TO MSP), WHETHER FORESEEABLE SAVINGS, OR NOT, OTHER INDIRECT OR CONTINGENT EVENT-BASED ECONOMIC LOSS ARISING OUT OF OR RELATING TO IN CONNECTION WITH THE SERVICES, THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY , OR ANY SOW EVEN IF A PARTY HAS BEEN ADVISED OF THE FOREGOINGPOSSIBILITY OF SUCH DAMAGES; HOWEVER, IN NO EVENT WILL EITHER REASONABLE ATTORNEYS’ FEES AWARDED TO A PREVAILING PARTY (AS DESCRIBED BELOW), YOUR INDEMNIFICATION OBLIGATIONS, AND ANY AMOUNTS DUE AND PAYABLE PURSUANT TO THE NON-SOLICITATION PROVISION OF THIS AGREEMENT SHALL NOT BE LIABLE LIMITED BY THE FOREGOING LIMITATION. EXCEPT FOR THE FOREGOING EXCEPTIONS, A RESPONSIBLE PARTY’S (“RESPONSIBLE PARTY’S”) AGGREGATE LIABILITY TO THE OTHER PARTY (“AGGRIEVED PARTY”) FOR DAMAGES FROM ANY LOSSES AND ALL CLAIMS OR DAMAGES CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ANY KIND SUCH ACTION(S), THAT ARISE FROM OR NATURE ARISING OUT OF RELATING RELATE TO THIS AGREEMENT (COLLECTIVELY, “CLAIMS”), WHETHER IN EXCESS CONTRACT, TORT, INDEMNIFICATION, OR NEGLIGENCE, SHALL BE LIMITED SOLELY TO THE AMOUNT OF THE TOTAL AGGRIEVED PARTY’S ACTUAL AND DIRECT DAMAGES, NOT TO EXCEED THE AMOUNT ACTUALLY OF FEES PAID BY YOU (EXCLUDING HARD COSTS FOR LICENSES, HARDWARE, ETC.) TO AND RECEIVED BY ROW 44 FROM SOUTHWEST MSP FOR THE SPECIFIC SERVICE UPON WHICH THE APPLICABLE CLAIM(S) IS/ARE BASED DURING THE 12 SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO SUCH CLAIMTHE DATE ON WHICH THE CAUSE OF ACTION ACCRUED OR $10,000, WHICH AMOUNT WILL BE WHICHEVER IS GREATER. THE MAXIMUM AGGREGATE LIABILITY FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE REMEDIES LISTED IN THIS AGREEMENT FAIL OF EITHER PARTY THEIR ESSENTIAL PURPOSE; HOWEVER, THE LIMITATIONS SHALL NOT APPLY TO THE OTHER PARTY HEREUNDEREXTENT THAT THE CLAIMS ARE CAUSED BY A RESPONSIBLE PARTY’S WILLFUL OR INTENTIONAL MISCONDUCT, OR GROSS NEGLIGENCE. NOTWITHSTANDING THE FOREGOINGSIMILARLY, NOTHING HEREIN A RESPONSIBLE PARTY’S LIABILITY OBLIGATION SHALL BE DEEMED REDUCED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH IN THIS AGREEMENTTHE EXTENT THAT A CLAIM IS CAUSED BY, (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITYOR THE RESULT OF, (C) A BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDER, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44AGGRIEVED PARTY’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS WILLFUL OR INTENTIONAL MISREPRESENTATIONS. MISCONDUCT, GROSS NEGLIGENCE, OR TO THE PASTEXTENT THAT THE AGGRIEVED PARTY FAILED TO REASONABLY MITIGATE (OR ATTEMPT TO MITIGATE, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTAS APPLICABLE) THE CLAIMS.

Liability Limitations. 16.1 EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES), WHETHER FORESEEABLE OR NOT, INDEMNIFICATION OBLIGATIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGUNDER SECTION 15, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY IN ANY MANNER, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, FOR ANY LOSSES CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR STATUTORY DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUES, BUSINESS OR PROFITS. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS CONTAINED IN THIS SECTION APPLY REGARDLESS OF WHETHER THEY ARE ADVISED OF OR WERE AWARE OF THE POSSIBILITY OF THE DAMAGES SET FORTH IN THE PRECEDING SENTENCE. 16.2 THE LIMITATIONS SET FORTH IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RULE AND REGULATION, NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY LIMITED REMEDIES SET FORTH IN THIS AGREEMENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, (B) FOR DAMAGES RESULTING FROM A BREACH OF AND THAT THE LIMITATIONS SET FORTH IN THIS SECTION ARE AN OBLIGATION OF CONFIDENTIALITY, (C) A BREACH ESSENTIAL BASIS OF THE OBLIGATIONS IN BARGAIN BETWEEN THE PARTIES. CONFIDENTIAL PORTIONS OF THIS EXHIBIT J HEREUNDER, (D) MARKED AS [***] HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. CONFIDENTIAL TREATMENT AND HAVE BEEN FILED SEPARATELY WITH THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES SECURITIES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTEXCHANGE COMMISSION.

Liability Limitations. EXCEPT FOR NEITHER PARTY (INCLUDING, IN THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREINCASE OF ▇▇▇, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER PARTY ITS AFFILIATES) WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, EXEMPLARYMULTIPLE, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES)ANY DAMAGES RESULTING FROM ANY LOSS OF USE, WHETHER FORESEEABLE LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS OR NOT, OTHER ECONOMIC LOSS) ARISING OUT OF OR RELATING TO IN CONNECTION WITH THE APPLICABLE PARTICIPATION FORM AND/OR THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY , EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE FOREGOINGPOSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY (INCLUDING BREACH OF CONTRACT OR WARRANTY, IN NO EVENT EQUITY, STRICT LIABILITY, TORT OR OTHERWISE). ADDITIONALLY, THE AGGREGATE LIABILITY UNDER THIS AGREEMENT OF COX AND ITS AFFILIATES, ON THE ONE HAND, AND PROVIDER, ON THE OTHER HAND, WILL EITHER PARTY BE LIABLE EXPRESSLY LIMITED TO AN AMOUNT EQUAL TO THE OTHER PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING AMOUNT PAID BY PROVIDER TO THIS AGREEMENT COX UNDER THE APPLICABLE PARTICIPATION FORM IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD TWELVE (12) MONTHS PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY EVENT GIVING RISE TO THE OTHER PARTY HEREUNDERLIABILITY. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY FOREGOING LIMITATIONS OF LIABILITY WITH RESPECT WILL NOT APPLY TO (A) AN OBLIGATION A PARTY’S BREACH OF INDEMNITY SET FORTH IN THIS AGREEMENTITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 9, (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITYPARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 10, (C) A BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDERPARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44A PARTY’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS BREACH OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTAPPLICABLE PRIVACY LAWS.

Liability Limitations. EXCEPT FOR 10.1 WITH THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED EXCEPTION OF ANY BREACH BY ROW 44 A PARTY OF ITS CONFIDENTIALITY OBLIGATIONS HEREUNDER, INCLUDING OR ANY WARRANTY MISAPPROPRIATION BY A PARTY OF MERCHANTABILITYTHE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT NEITHER PARTY SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE SPECIAL OR CONSEQUENTIAL LOSSES DAMAGES, INCLUDING, BUT NOT LIMITED TO, FRUSTRATION OF ECONOMIC OR DAMAGES BUSINESS EXPECTATIONS, LOSS OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUESPROFITS, LOSS OF ANTICIPATED REVENUE, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCT(S), FACILITIES OR SERVICES, DOWNTIME COST, REGARDLESS OF WHETHER FORESEEABLE SUCH CLAIMS ARE BASED IN WARRANTY, CONTRACT, NEGLIGENCE, STRICT TORT, PRODUCTS LIABILITY OR NOTOTHERWISE, ARISING OUT OF OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY EVEN IF THAT PARTY HAS BEEN ADVISED OF THE FOREGOING, POSSIBILITY OF SUCH DAMAGES. THE PARTIES EXPRESSLY AGREE THAT THE LIMITATIONS ON DAMAGES SET FORTH IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN EXCESS OF PART THE TOTAL AMOUNT ACTUALLY PAID TO CONSIDERATION FOR THE PARTIES’ RESPECTIVE RIGHTS AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY OBLIGATIONS SET FORTH IN THIS AGREEMENT. IN ADDITION, (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITY, (C) A BREACH OF THE PARTIES AGREE THE FOREGOING IN NO WAY LIMITS THEIR RESPECTIVE INDEMNITY OBLIGATIONS IN EXHIBIT J HEREUNDER, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENT.

Liability Limitations. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREINUNDER NO CIRCUMSTANCES SHALL COMINDWARE, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIESOR ITS SUPPLIERS, EXPRESS RESELLERS, PARTNERS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER PARTY THEIR RESPECTIVE AFFILIATES BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR CONSEQUENTIAL LOSSES RELATED TO THE SOFTWARE OR DAMAGES OF ANY KIND OR NATURE SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING LOST PROFITS AND LOST REVENUESNEGLIGENCE), WHETHER FORESEEABLE OR NOTOTHERWISE, ARISING OUT (EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF OR RELATING TO THIS AGREEMENTTHE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSSES TOTAL AGGREGATE LIABILITY OF COMINDWARE, AND ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES ARISING FROM OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO COMINDWARE FOR THE SOFTWARE OR SERVICE. IF THE SOFTWARE AND SERVICE ARE PROVIDED WITHOUT CHARGE, THEN COMINDWARE AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER IN EXCESS OF $100.00. THE TOTAL AMOUNT ACTUALLY PAID FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE OR SERVICE, FROM INABILITY TO USE THE SOFTWARE OR SERVICE, TO USE OR RETRIEVE ANY BACKUP DATA, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND RECEIVED TO THE FULLEST EXTENT PERMITTED BY ROW 44 FROM SOUTHWEST DURING LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE 12 MONTH PERIOD PRIOR EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR DIRECT DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO SUCH CLAIMYOU. THE SOFTWARE AND SERVICE ARE NOT INTENDED FOR USE IN CONNECTION WITH ANY NUCLEAR, WHICH AMOUNT AVIATION, MASS TRANSIT, OR MEDICAL APPLICATION OR ANY OTHER INHERENTLY DANGEROUS APPLICATION THAT COULD RESULT IN DEATH, PERSONAL INJURY, CATASTROPHIC DAMAGE, OR MASS DESTRUCTION, AND LICENSEE AGREES THAT LICENSOR WILL BE THE MAXIMUM AGGREGATE HAVE NO LIABILITY OF EITHER PARTY TO ANY NATURE AS A RESULT OF ANY SUCH USE OF THE OTHER PARTY HEREUNDERSOFTWARE. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN LICENSOR SHALL NOT BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH IN THIS AGREEMENT, (B) LIABLE FOR DAMAGES RESULTING FROM TO LICENSEE’S HARDWARE AND SOFTWARE, LOSS, DESTRUCTION OR CORRUPTION OF LICENSEE’S DATA, LOSS OF REVENUE OF PROFITS AS A BREACH RESULT OF AN OBLIGATION OF CONFIDENTIALITY, (C) A BREACH LICENSEE’S USE OF THE OBLIGATIONS IN EXHIBIT J HEREUNDER, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTSOFTWARE.

Liability Limitations. EXCEPT UNDER NO CIRCUMSTANCES WILL TECH 2 SUCCESS BE LIABLE FOR: LOSS OF REVENUE; LOSS OF DATA; LOSS OF ACTUAL OR ANTICIPATED PROFITS; LOSS OF CONTRACTS; LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, OR CONSEQUENTIAL OR INDIRECT LOSS OR SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING, FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREINAVOIDANCE OF DOUBT, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS WHERE SUCH LOSS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY DAMAGE IS ALSO OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE CATEGORY OF LOSS OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUESDAMAGE ALREADY LISTED), WHETHER FORESEEABLE OR NOTUNFORESEEABLE, BASED ON CLAIMS BY CUSTOMER OR ANY THIRD PARTY ARISING OUT OF ANY BREACH OR RELATING FAILURE OF EXPRESS OR IMPLIED WARRANTY CONDITIONS OR OTHER TERM, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, OTHER LIABILITY IN TORT, FAILURE OF ANY REMEDY TO THIS AGREEMENTACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. WITHOUT LIMITING TECH 2 SUCCESS IS NOT LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR THE GENERALITY FAILURE OF A PERSON TO ENTER INTO A TRANSACTION BY MEANS OF CUSTOMER’S USE OF THE FOREGOINGSERVICES, IN NO EVENT WILL EITHER PARTY BE LIABLE TO TECHNOLOGY, ANY MODULE (OR OTHER SOFTWARE LICENSED) OR THE OTHER PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH IN THIS AGREEMENT, (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITY, (C) A BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDER, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTSERVICES.

Liability Limitations. EXCEPT THIS PARAGRAPH LIMITS THE LIABILITIES ARISING UNDER THIS AGREEMENT OR ANY SOW AND IS A BARGAINED-FOR AND MATERIAL PART OF OUR BUSINESS RELATIONSHIP WITH YOU. YOU ACKNOWLEDGE AND AGREE THAT TRUADVANTAGE WOULD NOT ENTER INTO ANY SOW OR THIS AGREEMENT UNLESS TRUADVANTAGE COULD RELY ON THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENTLIMITATIONS DESCRIBED IN THIS PARAGRAPH. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES DAMAGES, SUCH AS LOST REVENUE, LOSS OF ANY KIND OR NATURE PROFITS (INCLUDING LOST PROFITS EXCEPT FOR FEES DUE AND LOST REVENUESOWING TO TRUADVANTAGE), WHETHER FORESEEABLE SAVINGS, OR NOT, OTHER INDIRECT OR CONTINGENT EVENT-BASED ECONOMIC LOSS ARISING OUT OF OR RELATING TO IN CONNECTION WITH THIS AGREEMENT. WITHOUT LIMITING , ANY SOW, OR THE GENERALITY SERVICES, OR FOR ANY LOSS OR INTERRUPTION OF DATA, TECHNOLOGY OR SERVICES, OR FOR ANY BREACH HEREOF OR FOR ANY DAMAGES CAUSED BY ANY DELAY IN FURNISHING SERVICES UNDER THIS AGREEMENT OR ANY SOW, EVEN IF A PARTY HAS BEEN ADVISED OF THE FOREGOINGPOSSIBILITY OF SUCH DAMAGES; HOWEVER, REASONABLE ATTORNEYS’ FEES AWARDED TO A PREVAILING PARTY (AS DESCRIBED BELOW) SHALL NOT BE LIMITED BY THE FOREGOING LIMITATION. EXCEPT FOR YOUR PAYMENT OBLIGATIONS AND YOUR INDEMNIFICATION OBLIGATIONS DESCRIBED IN NO EVENT WILL EITHER PARTY BE LIABLE THIS AGREEMENT, A RESPONSIBLE PARTY’S (“RESPONSIBLE PARTY’S”) AGGREGATE LIABILITY TO THE OTHER PARTY (“AGGRIEVED PARTY”) FOR DAMAGES FROM ANY AND ALL CLAIMS OR CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ANY SUCH ACTION(S), THAT ARISE FROM OR RELATE TO THIS AGREEMENT (COLLECTIVELY, “CLAIMS”), WHETHER IN CONTRACT, TORT, INDEMNIFICATION, OR NEGLIGENCE, SHALL BE LIMITED SOLELY TO THE AMOUNT OF THE AGGRIEVED PARTY’S ACTUAL AND DIRECT DAMAGES, NOT TO EXCEED THE AMOUNT OF FEES PAID BY YOU (EXCLUDING HARD COSTS FOR LICENSES, HARDWARE, ETC.) TO TRUADVANTAGE FOR THE SPECIFIC SERVICE UPON WHICH THE APPLICABLE CLAIM(S) IS/ARE BASED DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE ON WHICH THE CAUSE OF ACTION ACCRUED. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT THAT THE CLAIMS ARE CAUSED BY A RESPONSIBLE PARTY’S WILLFUL OR INTENTIONAL MISCONDUCT, OR GROSS NEGLIGENCE. SIMILARLY, A RESPONSIBLE PARTY’S LIABILITY OBLIGATION SHALL BE REDUCED TO THE EXTENT THAT A CLAIM IS CAUSED BY, OR THE RESULT OF, THE AGGRIEVED PARTY’S WILLFUL OR INTENTIONAL MISCONDUCT, OR GROSS NEGLIGENCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, ANY SERVICE NOT INCLUDED UNDER AN APPLICABLE SOW IS NOT A RESPONSIBILITY OF TRUADVANTAGE AND TRUADVANTAGE SHALL NOT BE LIABLE FOR ANY LOSSES INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR DAMAGES PUNITIVE DAMAGES, SUCH AS LOST REVENUE, LOSS OF ANY KIND SAVINGS, OR NATURE OTHER INDIRECT OR CONTINGENT EVENT-BASED ECONOMIC LOSS ARISING OUT OF RELATING TO THIS AGREEMENT OR IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO CONNECTION WITH SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH IN THIS AGREEMENT, (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITY, (C) A BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDER, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTSERVICES.

Liability Limitations. A. Dishonored Reservations. IF A PROVIDER DOES NOT HONOR A RESERVATION BOOKED THROUGH THE SYSTEM DUE TO OVER SALE OR LACK OF A RECORD OF THE RESERVATION, THE SOLE REMEDY WILL BE AS SET FORTH IN THE PROVIDER’S TARIFF OR THE PROVIDER’S APPLICABLE POLICIES AND PROCEDURES. B. Limitation of Liability. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING (A) ACCRUED SUMS EXPRESSLY OWED UNDER THIS AGREEMENT BY EITHER PARTY TO THE SERVICES PROVIDED BY ROW 44 HEREUNDEROTHER; (B) ANY EXPRESS INDEMNITY OBLIGATIONS HEREIN; (C) ANY PAYMENT OBLIGATIONS PURSUANT TO AN EXHIBIT; AND (D) DIRECT DAMAGES FOR BREACHES OF CONFIDENTIALITY, INCLUDING ANY WARRANTY OF MERCHANTABILITYGROSS NEGLIGENCE OR WILFUL MISCONDUCT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY OTHER, UNDER ANY THEORY OF LIABILITY OR ANY FORM OF ACTION FOR ANY INDIRECTOTHER DAMAGE INCLUDING LOSS OF PROFITS OR BUSINESS OR ANY INCIDENTAL, SPECIAL, INCIDENTALPUNITIVE, EXEMPLARY, PUNITIVE INDIRECT, CONSEQUENTIAL, INTEREST, REVENUE, SAVINGS OR CONSEQUENTIAL LOSSES ANY OTHER ECONOMIC LOSS, OR DAMAGES THE COMPILATION, COMMUNICATION, DELIVERY OR LOSS OF USE OF ANY KIND DATA, EVEN IF THE DEFAULTING PARTY HAD BEEN ADVISED OF, KNEW, OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES), WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY SHOULD HAVE KNOWN OF THE FOREGOINGPOSSIBILITY THEREOF. C. PARTY A OPERATES AS THE REPRESENTATIVE OF PARTY B AND FUNCTIONS AS AN AUTONOMOUS INTERMEDIARY IN THE ARRANGEMENT OF BOOKINGS. AS SUCH, IN NO EVENT WILL IT IS NOT RESPONSIBLE FOR ANY ACTIONS, FAILURES, VIOLATIONS, OR NEGLIGENCE COMMITTED BY ANY INDEPENDENT ENTITIES, NOR FOR ANY RESULTING HARM OR COSTS. THIS INCLUDES, BUT IS NOT LIMITED TO, ▇▇▇▇▇ ARISING FROM DEATH, INJURY, SICKNESS, DAMAGE, LOSS, ACCIDENTS, THEFT, DELAYS, OR ANY OTHER DISCREPANCIES OR QUALITY ISSUES (SUCH AS DELAYS, OVERBOOKINGS, ETC.). THESE ISSUES MAY OCCUR EITHER PARTY BE LIABLE DIRECTLY OR INDIRECTLY DUE TO THE OTHER PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT IN EXCESS PROVISION OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BOOKINGS BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH IN THIS AGREEMENT, (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITY, (C) A BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDER, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT PROVIDERS THAT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTBEEN ENGAGED THROUGH.

Liability Limitations. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 10.1 IN NO EVENT SHALL WILL EITHER PARTY BE LIABLE LIABLE, TO THE OTHER PARTY OR TO ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE (DAMAGES, INCLUDING LOST PROFITS AND LOST REVENUES)PROFITS, WHETHER FORESEEABLE IN ANY MANNER IN CONNECTION WITH OR NOT, ARISING OUT OF OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY , REGARDLESS OF THE FOREGOING, IN NO EVENT WILL EITHER PARTY BE LIABLE TO FORM OF ACTION OR THE OTHER PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT IN EXCESS BASIS OF THE TOTAL AMOUNT ACTUALLY PAID CLAIM OR WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDED, HOWEVER, THAT THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO AND RECEIVED BY ROW 44 DAMAGES RESULTING FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF INDEMNITY SET FORTH IN THIS AGREEMENT, SUCH PARTY; (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITY, (C) A BREACH OF THE SUCH PARTY'S CONFIDENTIALITY OBLIGATIONS IN EXHIBIT J HEREUNDER, ; (C) EACH PARTY'S INDEMNIFICATION OBLIGATIONS HEREUNDER; AND/OR (D) FOR PERSONAL INJURY CLAIMS RELATING TO INTELLECTUAL PROPERTY. 10.2 IN ADDITION, GDSC'S LIABILITY IN THE AGGREGATE UNDER THIS AGREEMENT WILL NOT, IN ANY EVENT, EXCEED THE AMOUNTS ACTUALLY PAID TO GDSC BY MON UNDER THIS AGREEMENT DURING THE ONE (1) MONTH PRECEDING THE DATE OF THE UNDERLYING CLAIM AND MON'S LIABILITY IN THE AGGREGATE UNDER THIS AGREEMENT WILL NOT, IN ANY EVENT, EXCEED ANY AMOUNTS EXPRESSLY PAYABLE TO GDSC HEREUNDER, BUT NOT PAID; PROVIDED, HOWEVER, THAT THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO DAMAGES RESULTING FROM (A) THE GROSS NEGLIGENCE OR PATENT INFRINGEMENT WILLFUL MISCONDUCT OF SUCH PARTY; (B) A BREACH OF SUCH PARTY'S CONFIDENTIALITY OBLIGATIONS HEREUNDER; (C) EACH PARTY'S INDEMNIFICATION OBLIGATIONS HEREUNDER; AND/OR (ED) ANY RIGHT OR REMEDY AVAILABLE CLAIMS RELATING TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTINTELLECTUAL PROPERTY.

Liability Limitations. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREINBODILY INJURY, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER PARTY WILL MJF OR ITS VENDORS, BE LIABLE TO THE LICENSEE OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER PARTY LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF THE USE OR NATURE INABILITY TO USE THE MJF PROPRIETARY INFORMATION, DATA, AND/OR APIs, EVEN IF MJF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF MJF AND ITS AFFILIATES AND ITS AND THEIR LICENSORS, SUPPLIERS, SERVICE PROVIDERS, BUSINESS PARTNERS AND CUSTOMERS FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING LOST PROFITS AND LOST REVENUESNEGLIGENCE), WHETHER FORESEEABLE INDEMNITY OR NOTOTHERWISE, IN CONNECTION WITH THE PROPRIETARY INFORMATION, MJF DATA, APIS, API KEYS, API MATERIALS, DATA OR THIS AGREEMENT, WILL BE LIMITED TO THE TOTAL AMOUNTS PAID BY LICENSEE DURING THE TWELVE MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE GENERALITY OCCURRENCE OF THE FOREGOINGEVENT GIVING RISE TO SUCH CLAIM. IN ADDITION, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSSES OR DAMAGES MJF DISCLAIMS ALL LIABILITY OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH IN THIS AGREEMENT, (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITY, (C) A BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDER, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44MJF’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTVENDORS.

Liability Limitations. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER PARTY CLEANBRAIN, CLEANBRAIN EMPLOYEES, OR SALES CONTRACTORS BE LIABLE TO THE OTHER CLIENT OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA OR CLIENT DATA, COST OF RECREATING LOST DATA OR CLIENT DATA, COST OF COVER, OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND KIND, IN CONNECTION WITH OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES), WHETHER FORESEEABLE OR NOT, ARISING OUT OF THIS AGREEMENT OR RELATING TO ANY LICENSE, INCLUDING, BUT NOT LIMITED TO, THE FURNISHING, PERFORMANCE OR USE OF THE CLEANTELLIGENT SUBSCRIPTION SERVICES, SOFTWARE, DOCUMENTATION, PHONE/EMAIL/WEBINAR/CHAT SUPPORT, CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, BASIC SUPPORT SERVICES, PRIORITY SUPPORT SERVICES, BUSINESS INTELLIGENCE/VISUALIZER SERVICES, ON-SITE TRAINING, JUMPSTART UNIVERSITY, CHILD ACCOUNT SERVICES, WHITE LABEL BRANDING, OR OTHER ITEMS OR SERVICES PROVIDED HEREUNDER OR ANY DELAY IN DELIVERY OR FURNISHING THE CLEANTELLIGENT SUBSCRIPTION SERVICES, SOFTWARE, DOCUMENTATION, PHONE/EMAIL/WEBINAR/CHAT SUPPORT, CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, BASIC SUPPORT SERVICES, PRIORITY SUPPORT SERVICES, BUSINESS INTELLIGENCE/VISUALIZER SERVICES, ON-SITE TRAINING, JUMPSTART UNIVERSITY, CHILD ACCOUNT SERVICES, WHITE LABEL BRANDING, OR SAID ITEMS OR SERVICES, EVEN IF CLEANBRAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY TERM OF THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY , CLEANBRAIN’S MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT OR IN TORT OR UNDER ANY OTHER FORM OF THE FOREGOINGLIABILITY) FOR DAMAGES OR LOSS, HOWSOEVER ARISING OR CAUSED, WHETHER OR NOT ARISING FROM CLEANBRAIN’S NEGLIGENCE, SHALL IN NO EVENT WILL EITHER PARTY BE LIABLE GREATER THAN THE AMOUNT OF THE USER LICENSE FEES PAID TO CLEANBRAIN BY CLIENT DURING THE LAST SIX (6) MONTHS PRIOR TO THE OTHER DATE OF THE EVENT GIVING RISE TO SUCH LIABILITY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CLEANBRAIN SHALL HAVE NO LIABILITY TO CLIENT OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF ALLEGED INFRINGEMENT RELATING TO THIS AGREEMENT IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM▇▇▇▇, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOINGCLEANTELLIGENT SUBSCRIPTION SERVICES, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH IN THIS AGREEMENTSOFTWARE, (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITYDOCUMENTATION, (C) A BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDERPHONE/EMAIL/WEBINAR/CHAT SUPPORT, (D) FOR PERSONAL INJURY CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, BASIC SUPPORT SERVICES, PRIORITY SUPPORT SERVICES, BUSINESS INTELLIGENCE/VISUALIZER SERVICES, ON-SITE TRAINING, JUMPSTART UNIVERSITY, CHILD ACCOUNT SERVICES, OR PATENT INFRINGEMENT WHITE LABEL BRANDING, OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTCLAIM THEREOF.

Liability Limitations. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER PARTY CLEANBRAIN, CLEANBRAIN EMPLOYEES, OR SALES CONTRACTORS BE LIABLE TO THE OTHER CLIENT OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA OR CLIENT DATA, COST OF RECREATING LOST DATA OR CLIENT DATA, COST OF COVER, OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND KIND, IN CONNECTION WITH OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES), WHETHER FORESEEABLE OR NOT, ARISING OUT OF THIS AGREEMENT OR RELATING TO ANY LICENSE, INCLUDING, BUT NOT LIMITED TO, THE FURNISHING, PERFORMANCE OR USE OF THE CLEANTELLIGENT SUBSCRIPTION SERVICES, SOFTWARE, DOCUMENTATION, PHONE/EMAIL/WEBINAR/CHAT SUPPORT, CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, BASIC SUPPORT SERVICES, PRIORITY SUPPORT SERVICES, BUSINESS INTELLIGENCE/VISUALIZER SERVICES, ON-SITE TRAINING, JUMPSTART UNIVERSITY, OR OTHER ITEMS OR SERVICES PROVIDED HEREUNDER OR ANY DELAY IN DELIVERY OR FURNISHING THE CLEANTELLIGENT SUBSCRIPTION SERVICES, SOFTWARE, DOCUMENTATION, PHONE/EMAIL/WEBINAR/CHAT SUPPORT, CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, BASIC SUPPORT SERVICES, PRIORITY SUPPORT SERVICES, BUSINESS INTELLIGENCE/VISUALIZER SERVICES, ON-SITE TRAINING, JUMPSTART UNIVERSITY, OR SAID ITEMS OR SERVICES, EVEN IF CLEANBRAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY TERM OF THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY , CLEANBRAIN’S MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT OR IN TORT OR UNDER ANY OTHER FORM OF THE FOREGOINGLIABILITY) FOR DAMAGES OR LOSS, HOWSOEVER ARISING OR CAUSED, WHETHER OR NOT ARISING FROM CLEANBRAIN’S NEGLIGENCE, SHALL IN NO EVENT WILL EITHER PARTY BE LIABLE GREATER THAN THE AMOUNT OF THE USER LICENSE FEES PAID TO CLEANBRAIN BY CLIENT DURING THE LAST SIX (6) MONTHS PRIOR TO THE OTHER DATE OF THE EVENT GIVING RISE TO SUCH LIABILITY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CLEANBRAIN SHALL HAVE NO LIABILITY TO CLIENT OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF ALLEGED INFRINGEMENT RELATING TO THIS AGREEMENT IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM▇▇▇▇, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOINGCLEANTELLIGENT SUBSCRIPTION SERVICES, NOTHING HEREIN SHALL BE DEEMED TO LIMIT ANY LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH IN THIS AGREEMENTSOFTWARE, (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITYDOCUMENTATION, (C) A BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDERPHONE/EMAIL/WEBINAR/CHAT SUPPORT, (D) FOR PERSONAL INJURY CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, BASIC SUPPORT SERVICES, PRIORITY SUPPORT SERVICES, BUSINESS INTELLIGENCE/VISUALIZER SERVICES, ON-SITE TRAINING, OR PATENT INFRINGEMENT JUMPSTART UNIVERSITY, OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTCLAIM THEREOF.

Liability Limitations. (a) EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH INDEMNIFICATION PROVISIONS PROVIDED HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES), WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY LIQUIDWARE AND ITS SUPPLIERS’ AGGREGATE LIABILITY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT IN EXCESS REGARDLESS OF THE TOTAL AMOUNT ACTUALLY FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE, EVER EXCEED THE FEES PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST MSP DURING THE 12 MONTH PERIOD PRIOR MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH CLAIM. (b) IN NO EVENT WILL LIQUIDWARE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, WHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF EITHER PARTY TO THE DATA, REVENUE, PROFITS, GOODWILL, USE OR OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOINGECONOMIC ADVANTAGE) ARISING OUT OF, NOTHING HEREIN SHALL BE DEEMED TO LIMIT OR IN ANY LIABILITY WAY CONNECTED WITH RESPECT TO (A) AN OBLIGATION OF INDEMNITY SET FORTH IN THIS AGREEMENT, (B) FOR DAMAGES ORDER OR RESULTING FROM A BREACH THE USE OF AN OBLIGATION OR INABILITY TO USE THE LICENSED SOFTWARE, INCLUDING THE FAILURE OF CONFIDENTIALITYESSENTIAL PURPOSE, (C) A BREACH EVEN IF LIQUIDWARE AND/OR ITS SUPPLIERS HAVE BEEN PREVIOUSLY ADVISED OF THE OBLIGATIONS IN EXHIBIT J HEREUNDERPOSSIBILITY OR LIKELIHOOD OF THE DAMAGES OCCURRING, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY AND WHETHER THE LIABILITY IS BASED ON ROW 44’S FRAUDULENT ACTSCONTRACT, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PASTTORT, PRESENT OR FUTURE DIRECTORSNEGLIGENCE, OFFICERSSTRICT LIABILITY, EMPLOYEES AND STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL PRODUCTS LIABILITY OR OBLIGATION TO ROW 44 ARISING UNDER THIS AGREEMENTOTHERWISE. (c) The limitations above in this Section do not apply to a situation if, and only to the extent that, the limitations cannot under applicable laws limit the liability of Liquidware in that situation.