Common use of Limitation of Liability Clause in Contracts

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED NOT PROHIBITED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSELAW, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS SHALL APPLE BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE DIRECT, PERSONAL INJURY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR REPLACEMENT GOODS AND SERVICESEXEMPLARY DAMAGES, WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, FAILURE TO TRANSMIT OR ANTICIPATED SAVINGS RECEIVE ANY DATA (INCLUDING WITHOUT LIMITATION, COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), COST OF PROCUREMENT OF SUBSTITUTE GOODS OR WASTED MANAGEMENT AND STAFF TIMESERVICES, BUSINESS INTERRUPTION, ANY OTHER TANGIBLE OR INTANGIBLE DAMAGES OR LOSSES (EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATED TO OR RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE, APPLE SOFTWARE, ANY FEATURES, FUNCTIONALITY, CONTENT, MATERIALS, OR THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SERVICE; (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SERVICE, YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iiVI) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE OTHER MATTER RELATING TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESSERVICE.

Limitation of Liability. Section 34 (Limitation of Liability) of the General Terms does not apply to Zelle Payment Services. EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSELAW, IN NO EVENT WILL SYMANTEC WE, ZELLE, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS NETWORK FINANCIAL INSTITUTIONS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO YOU FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (iI) ANY COSTS OF PROCUREMENT OF SUBSTITUTE TRANSACTION CONDUCTED THROUGH OR REPLACEMENT GOODS AND SERVICESFACILITATED BY THE ZELLE PAYMENT SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILLOMISSIONS, OR ANTICIPATED SAVINGS OTHER INACCURACIES IN THE ZELLE PAYMENT SERVICES DESCRIBED OR WASTED MANAGEMENT AND STAFF TIMEPROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iiIV) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OTHER MATTER RELATING TO THE ZELLE PAYMENT SERVICES DESCRIBED OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENTPROVIDED, EVEN IF SYMANTEC WE OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS ZELLE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES MIGHT OCCURDAMAGES. IF YOU ARE DISSATISFIED WITH THE ZELLE PAYMENT SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ZELLE PAYMENT SERVICES. IN NO CASE SHALL SYMANTEC’S THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY EXCEED FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF OURS, ZELLE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE NETWORK FINANCIAL INSTITUTIONS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED GREATEST EXTENT PERMITTED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESBUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

Limitation of Liability. (a) IN THE EVENT A PASSENGER IS INJURED, BECOMES ILL, DIES, OR PROPERTY IS LOST OR DAMAGED, CITY CRUISES WILL NOT BE LIABLE FOR ANY DAMAGES UNLESS THE OCCURRENCE WAS DUE TO CITY CRUISES’ NEGLIGENCE OR WILLFUL FAULT. CITY CRUISES DISCLAIMS LIABILITY UNDER ANY CIRCUMSTANCES FOR INFLICTION OF EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY WHICH WAS NOT: (i) THE RESULT OF PHYSICAL INJURY TO A PASSENGER CAUSED BY THE NEGLIGENCE OR FAULT OF A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER OR OPERATOR OF THE SHIP; (ii) THE RESULT OF THE PASSENGER HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY, AND SUCH RISK WAS CAUSED BY THE NEGLIGENCE OR FAULT OF A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER OR OPERATOR OF THE SHIP; OR (iii) INTENTIONALLY INFLICTED BY A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER OR OPERATOR OF THE SHIP. IN NO EVENT WILL CITY CRUISES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES. (b) CITY CRUISES ASSUMES NO LIABILITY IN RESPECT OF THE ACTS OR OMISSIONS OF ANY THIRD PARTY. IN ADDITION TO THE LIMITATIONS OF, AND EXEMPTIONS FROM, LIABILITY GRANTED UNDER THE AGREEMENT, CITY CRUISES ALSO RETAINS ANY AND ALL LIMITATIONS OF, AND EXEMPTIONS FROM, LIABILITY ACCORDED TO SHIP OWNERS AND TOUR OPERATORS BY STATUTE OR RULE OF LAW INCLUDING, WITHOUT LIMITATION, THOSE PROVIDED FOR IN 00 XXXXXX XXXXXX CODE APP. SECTIONS 30501-30511. (c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW LAW, INCLUDING 46 UNITED STATES CODE. SECTIONS 30501-30511, YOU, ON BEHALF OF YOURSELF AND REGARDLESS ANY AND ALL OF WHETHER YOUR HEIRS, SUCCESSORS AND ASSIGNS, COVENANT NOT TO XXX OR TO INSTITUTE OR CAUSE TO BE INSTITUTED ANY REMEDY SET FORTH HEREIN FAILS KINDS OF ITS ESSENTIAL PURPOSECLAIM OR ACTION IN ANY FOREIGN, FEDERAL, STATE OR LOCAL AGENCY OR COURT AGAINST US ARISING OUT OF, IN NO EVENT WILL SYMANTEC THE COURSE OF, FROM OR ITS LICENSORSATTRIBUTABLE TO THE CRUISE OR THE AGREEMENT. THE NOVEL CORONAVIRUS, RESELLERSCOVID-19, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCURDECLARED A WORLDWIDE PANDEMIC BY THE WORLD HEALTH ORGANIZATION. COVID-19 IS EXTREMELY CONTAGIOUS AND IS BELIEVED TO SPREAD MAINLY FROM PERSON-TO-PERSON CONTACT. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED KEEPING WITH FEDERAL, STATE AND LOCAL GUIDELINES, CITY CRUISES HAS PUT IN PLACE COMPREHENSIVE PREVENTATIVE MEASURES AIMED AT PREVENTING THE FEES YOU PAID INTRODUCTION TO AND THE SPREAD OF COVID-19 DURING YOUR CRUISE (SEE XXXXX://XXX.XXXX XXXXXXX.XXX/XXXXXXXXXX/); HOWEVER, DESPITE OUR MITIGATING EFFORTS, WE CANNOT GUARANTEE THAT PASSENGERS WILL NOT BE EXPOSED TO COVID-19 DURING YOUR CRUISE. THEREFORE, WITHOUT LIMITING THE FOREGOING LIMITATION OF LIABILITY, THE FOLLOWING TERMS AND CONDITIONS ARE EFFECTIVE FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.ALL CRUISES:

Limitation of Liability. Section 34 (Limitation of Liability) of the General Terms does not apply to Zelle® Payment Services. EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSELAW, IN NO EVENT WILL SYMANTEC WE, ZELLE®, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS NETWORK FINANCIAL INSTITUTIONS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (iI) ANY COSTS OF PROCUREMENT OF SUBSTITUTE TRANSACTION CONDUCTED THROUGH OR REPLACEMENT GOODS AND SERVICESFACILITATED BY THE ZELLE® PAYMENT SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILLOMISSIONS, OR ANTICIPATED SAVINGS OTHER INACCURACIES IN THE ZELLE® PAYMENT SERVICES DESCRIBED OR WASTED MANAGEMENT AND STAFF TIMEPROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iiIV) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OTHER MATTER RELATING TO THE ZELLE® PAYMENT SERVICES DESCRIBED OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENTPROVIDED, EVEN IF SYMANTEC WE OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS ZELLE® HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES MIGHT OCCURDAMAGES. IF YOU ARE DISSATISFIED WITH THE ZELLE® PAYMENT SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ZELLE® PAYMENT SERVICES. IN NO CASE SHALL SYMANTEC’S THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY EXCEED FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF OURS, ZELLE®, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE NETWORK FINANCIAL INSTITUTIONS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED GREATEST EXTENT PERMITTED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESBUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC VERITAS OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE WARRANTY AGREEMENT, EVEN IF SYMANTEC VERITAS OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S VERITAS’ LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE HARDWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S VERITAS’ LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESHARDWARE.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS LICENSE AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH BY LAW CANNOT BE EXCLUDED OR LIMITED BY LAWLIMITED. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.

Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSELAW, IN NO EVENT WILL SYMANTEC WE, ZELLE, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS NETWORK FINANCIAL INSTITUTIONS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO YOU FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (iI) ANY COSTS OF PROCUREMENT OF SUBSTITUTE TRANSACTION CONDUCTED THROUGH OR REPLACEMENT GOODS AND SERVICESFACILITATED BY THE ZELLE PAYMENT SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILLOMISSIONS, OR ANTICIPATED SAVINGS OTHER INACCURACIES IN THE ZELLE PAYMENT SERVICES DESCRIBED OR WASTED MANAGEMENT AND STAFF TIMEPROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iiIV) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OTHER MATTER RELATING TO THE ZELLE PAYMENT SERVICES DESCRIBED OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENTPROVIDED, EVEN IF SYMANTEC WE OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS ZELLE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES MIGHT OCCURDAMAGES. IF YOU ARE DISSATISFIED WITH THE ZELLE PAYMENT SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ZELLE PAYMENT SERVICES. IN NO CASE SHALL SYMANTEC’S THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY EXCEED FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF OURS, ZELLE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE NETWORK FINANCIAL INSTITUTIONS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED GREATEST EXTENT PERMITTED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESBUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

Limitation of Liability. THE CUMULATIVE LIABILITY OF ROGUE WAVE TO LICENSEE FOR ALL CLAIMS RELATING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW LICENSED SOFTWARE AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, INCLUDING ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES PAID TO ROGUE WAVE HEREUNDER. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS LICENSE AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. ROGUE WAVE SHALL HAVE NO LIABILITY FOR LOSS OF DATA OR DOCUMENTATION, IT BEING UNDERSTOOD THAT LICENSEE IS RESPONSIBLE FOR REASONABLE BACK-UP PRECAUTIONS. IN NO EVENT SHALL ROGUE WAVE BE LIABLE FOR ANY LOSS OF PROFITS; ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; OR ANY CLAIMS OR DEMANDS BROUGHT AGAINST LICENSEE, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS ROGUE WAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DEMANDS. THIS LIMITATION UPON DAMAGES MIGHT OCCURAND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS LICENSE AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED LICENSEE MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (E.G., CONSUMER LAWS) THAT DO NOT ALLOW THE FEES YOU PAID FOR EXCLUSION OF IMPLIED WARRANTIES, OR THE LICENSED SOFTWARE GIVING RISE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF SUCH LAWS APPLY, CERTAIN EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY LICENSEE; HOWEVER, ALL OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS RESTRICTIONS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESSHALL REMAIN IN EFFECT.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSELAW, IN NO EVENT WILL SYMANTEC (A) MAGIC LEAP OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS OUR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTSREVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION OR ANTICIPATED SAVINGS SYSTEM FAILURE OR WASTED MANAGEMENT AND STAFF TIMEMALFUNCTION, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE OR THE LUMIN SOFTWARE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF MAGIC LEAP HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) MAGIC LEAP’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE GREATER; OF (i) THE TOTAL AMOUNT PAID BY YOU TO MAGIC LEAP FOR THE DEVICE (IF ANY); OR (ii) ANY SPECIALONE HUNDRED DOLLARS ($100). MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THE FOREGOING LIMITATIONS, CONSEQUENTIALEXCLUSIONS, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENTAND DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF SYMANTEC OR ANY REMEDY FAILS ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCURESSENTIAL PURPOSE. IN NO CASE SHALL SYMANTEC’S THE FOREGOING LIMITATIONS OF LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE APPLY TO THE CLAIMFULLEST EXTENT ALLOWED BY LAW. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MAGIC LEAP AND YOU. THE FOREGOING CAP ON LIABILITY WILL NOT APPLY TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU OF MAGIC LEAP FOR (A) DEATH OR PERSONAL INJURY ARISING OUT OF CAUSED BY MAGIC LEAP’S GROSS NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. IN CONNECTION WITH THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED LUMIN SOFTWARE, CONTENT UPDATES OR UPGRADES.; OR

Limitation of Liability. Section 34 (Limitation of Liability) of the General Terms does not apply to Zelle® Payment Services. EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSELAW, IN NO EVENT WILL SYMANTEC WE, ZELLE®, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS NETWORK FINANCIAL INSTITUTIONS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO YOU FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (iI) ANY COSTS OF PROCUREMENT OF SUBSTITUTE TRANSACTION CONDUCTED THROUGH OR REPLACEMENT GOODS AND SERVICESFACILITATED BY THE ZELLE® PAYMENT SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILLOMISSIONS, OR ANTICIPATED SAVINGS OTHER INACCURACIES IN THE ZELLE® PAYMENT SERVICES DESCRIBED OR WASTED MANAGEMENT AND STAFF TIMEPROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iiIV) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OTHER MATTER RELATING TO THE ZELLE® PAYMENT SERVICES DESCRIBED OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENTPROVIDED, EVEN IF SYMANTEC WE OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS ZELLE® HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES MIGHT OCCURDAMAGES. IF YOU ARE DISSATISFIED WITH THE ZELLE® PAYMENT SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ZELLE® PAYMENT SERVICES. IN NO CASE SHALL SYMANTEC’S THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY EXCEED FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF OURS, ZELLE®, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE NETWORK FINANCIAL INSTITUTIONS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED GREATEST EXTENT PERMITTED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESBUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

Limitation of Liability. IN NO EVENT WILL SKYLINE OR ANY THIRD PARTY VENDOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN ANY WAY IN CONNECTION WITH OR OUT OF THE USE OF THE SITES OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SKYLINE’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, THE SITES OR THE SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE FEES PAID TO SKYLINE HEREUNDER. CUSTOMER ACKNOWLEDGES THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT SKYLINE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, SKYLINE’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN IN THIS LICENSE AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS LICENSE AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE OR PRODUCT UPDATES/UPGRADES. YOU ACKNOWLEDGE AND AGREE THAT SYMANTEC WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, LIABILITIES, SUITS, PROCEEDINGS, COSTS, OR EXPENSES, INCLUDING REASONABLE LEGAL EXPENSES OR FEES ARISING OUT OF, RESULTING FROM OR RELATING TO: (A) THE USE OF THE LICENSED SOFTWARE BY YOU OR BY THIRD PARTIES; (B) SECURITY BREACHES; (C) EAVESDROPPING, INTERCEPTION, FAILURE OF DELIVERY OR LOSS OF DATA SENT, STORED, OR RECEIVED WHILE USING THE LICENSED SOFTWARE; OR (D) USE OR LOSS OF YOUR SOFTWARE, CONTENT UPDATES FIRMWARE, INFORMATION OR UPGRADESMEMORY DATA CONTAINED IN, STORED ON, OR INTEGRATED WITH ANY SOFTWARE RETURNED TO SYMANTEC UNDER THIS LICENSE AGREEMENT. THESE LIMITATIONS SHALL APPLY EVEN IF SYMANTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Limitation of Liability. TO THE MAXIMUM FULLEST EXTENT PERMITTED PERMISSIBLE BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSELAW, IN NO EVENT WILL SYMANTEC SHALL EA, ITS SUBSIDIARIES OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS AFFILIATES BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR ANTICIPATED SAVINGS MALFUNCTION OR WASTED MANAGEMENT AND STAFF TIME; ANY OTHER FORM OF DIRECT OR (ii) ANY INDIRECT, SPECIAL, CONSEQUENTIALINCIDENTAL, INCIDENTAL CONSEQUENTIAL OR INDIRECT PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE SOFTWARE, WHETHER ARISING DIRECTLY IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENTOTHERWISE, EVEN IF SYMANTEC WHETHER OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS NOT EA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES MIGHT OCCURDAMAGE. IN NO CASE SHALL SYMANTEC’S In no event shall EA’s total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the Software. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY EXCEED FOR DEATH, PERSONAL INFURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE FEES YOU PAID LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. FOR THE LICENSED SOFTWARE GIVING RISE ADDITIONAL INFORMATION ABOUT CONSUMER RIGHTS AVAILABLE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS AUSTRALIAN CONSUMERS, GO TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.xxxx://xxxx.xx.xxx/au/article/origin-au-returns-and-cancellations/.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC INTEL OR ITS LICENSORSAFFILIATES, RESELLERSLICENSORS OR SUPPLIERS (INCLUDING THEIR RESPECTIVE DIRECTORS, SUPPLIERS OR AGENTS OFFICERS, EMPLOYEES, AND AGENTS) BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICESINCLUDING, LOSS OF WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (iiLOST DATA) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN RELATION TO THIS LICENSE AGREEMENT, INCLUDING THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES MIGHT OCCURDAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED PART NOT APPLY TO YOU. THE FEES YOU PAID SOFTWARE LICENSED HEREUNDER IS NOT DESIGNED OR INTENDED FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING USE IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE ANY MEDICAL, LIFE SAVING OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE LIFE SUSTAINING SYSTEMS, TRANSPORTATION SYSTEMS, NUCLEAR SYSTEMS, OR FOR ANY OTHER LIABILITY MISSION CRITICAL APPLICATION IN WHICH CANNOT BE EXCLUDED THE FAILURE OF THE SOFTWARE COULD LEAD TO PERSONAL INJURY OR LIMITED BY LAWDEATH. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS LIMITED REMEDIES, WARRANTY DISCLAIMER AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF WHETHER OR NOT THE BASIS OF THE BARGAIN BETWEEN INTEL AND YOU. YOU ACCEPT ACKNOWLEDGE INTEL WOULD BE UNABLE TO PROVIDE THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESSOFTWARE WITHOUT SUCH LIMITATIONS.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE AND/OR MAINTENANCE/SUPPORT GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC BULLWALL OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC BULLWALL OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS HAVE BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTECBULLWALL’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIMSOFTWARE. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTECBULLWALL’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY INJURY, ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE ABOVE, WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED NOT PROHIBITED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSELAW, IN NO EVENT WILL SYMANTEC SHALL APPLE, ITS AFFILIATES, AGENTS OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS PRINCIPALS BE LIABLE TO YOU FOR (i) PERSONAL INJURY, OR ANY COSTS OF PROCUREMENT OF SUBSTITUTE INCIDENTAL, SPECIAL, INDIRECT OR REPLACEMENT GOODS AND SERVICESCONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF USEDATA, LOSS FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION (INCLUDING WITHOUT LIMITATION COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR CORRUPTION RELATED TO DATAYOUR USE OR INABILITY TO USE THE APPLE SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE, BUSINESS INTERRUPTIONAPPLICATIONS OR SERVICES IN CONJUNCTION WITH THE APPLE SOFTWARE OR SERVICES, LOSS HOWEVER CAUSED, REGARDLESS OF PRODUCTIONTHE THEORY OF LIABILITY (CONTRACT, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, TORT OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT OTHERWISE) AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES MIGHT OCCURDAMAGES. IN NO CASE SHALL SYMANTEC’S SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO THE CLAIMYOU. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAWIn no event shall Apple’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred and fifty dollars (U.S.$250.00). THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESThe foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE WARRANTY AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE HARDWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESHARDWARE.

Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW CONTRARY AND REGARDLESS SUBJECT TO THE SPECIFIC PROVISIONS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF THIS AGREEMENT, MOONBIKES MOTORS, ITS ESSENTIAL PURPOSEAFFILIATES, IN NO EVENT PARENT COMPANY, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES AND SUPPLIERS WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS NOT BE LIABLE TO YOU FOR (i) WITH RESPECT TO ANY COSTS SUBJECT MATTER OF THIS AGREEMENT, UNDER ANY CONTRACT, NEGLIGENCE, RISK OF LOSS, BODILY INJURY OR DEATH, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY AMOUNTS IN EXCESS, IN THE AGGREGATE, OF THE PRICE ACTUALLY PAID BY CUSTOMER FOR THE RELATED PRODUCT HEREUNDER; and/or (ii) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, RELIANCE OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUES, LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR REPLACEMENT GOODS AND SERVICES; LOSS, LOSS INACCURACY, OR CORRUPTION OF PROFITS, LOSS DATA OR INTERRUPTION OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, MATTER BEYOND ITS REASONABLE CONTROL. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES OR JURISDICTION MAY LIMIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC EXCLUSION MAY NOT APPLY OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE MAY BE LIMITED TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESSOME CUSTOMERS.

Limitation of Liability. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, BUT SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW AND REGARDLESS LAW, WITH RESPECT TO ANY SUBJECT MATTER OF WHETHER THIS AGREEMENT OR UNDER ANY REMEDY SET FORTH HEREIN FAILS TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHER LEGAL OR EQUITABLE THEORY, (A) NEITHER RIVERBED NOR ANY OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC AFFILIATES OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE IS LIABLE TO YOU FOR (iI) ANY COSTS INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, CONTRACTS, BUSINESS, REVENUES, GOODWILL OR REPUTATION, (II) COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR REPLACEMENT GOODS AND SERVICES, OR (III) LOSS OR CORRUPTION OF PROFITSDATA, LOSS INTERRUPTION OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR ANTICIPATED SAVINGS MALFUNCTION, OR WASTED MANAGEMENT AND STAFF TIME; DAMAGES RESULTING FROM YOUR USE OF (OR (iiINABILITY TO ACCESS OR USE) ANY SPECIALPRODUCT, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT AND (B) THE AGGREGATE LIABILITY OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR RIVERBED AND ITS LICENSORS, RESELLERS, AFFILIATES AND SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY WILL NOT EXCEED THE AGGREGATE FEES YOU PAID RECEIVED BY RIVERBED FOR THE LICENSED SOFTWARE GIVING APPLICABLE PRODUCT OR SERVICE THAT GAVE RISE TO THE CLAIM. NOTHING THE FOREGOING LIMITATION IS CUMULATIVE, WITH ALL CLAIMS BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF RIVERBED IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE PRODUCTS ARE NOT DESIGNED FOR USE IN ANY DEVICE OR SYSTEM IN WHICH A MALFUNCTION OF THE PRODUCT WOULD RESULT IN FORESEEABLE RISK OF INJURY OR DEATH TO ANY PERSON. THIS AGREEMENT SHALL OPERATE SO AS INCLUDES OPERATION OF NUCLEAR FACILITIES, LIFE-SUPPORT SYSTEMS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS AND AIR TRAFFIC CONTROL. NEITHER RIVERBED NOR ANY OF ITS AFFILIATES IS LIABLE FOR ANY FAILURE OR DELAY DUE TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE MATTERS BEYOND ITS REASONABLE CONTROL OR FOR ANY OTHER ALLOCATION OF PRODUCTS BETWEEN ITS END USERS IN THE EVENT OF A SHORTAGE. THIS SECTION DOES NOT LIMIT LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS FOR BODILY INJURY OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESA PERSON.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC INTEL OR ITS LICENSORSAFFILIATES, RESELLERSLICENSORS OR SUPPLIERS (INCLUDING THEIR RESPECTIVE DIRECTORS, SUPPLIERS OR AGENTS OFFICERS, EMPLOYEES, AND AGENTS) BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICESINCLUDING, LOSS OF WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (iiLOST DATA) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN RELATION TO THIS LICENSE AGREEMENT, INCLUDING THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES MIGHT OCCURDAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED PART NOT APPLY TO YOU. THE FEES YOU PAID SOFTWARE LICENSED HEREUNDER IS NOT DESIGNED OR INTENDED FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING USE IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE ANY MEDICAL, LIFE SAVING OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE LIFE SUSTAINING SYSTEMS, TRANSPORTATION SYSTEMS, NUCLEAR SYSTEMS, OR FOR ANY OTHER LIABILITY MISSION CRITICAL APPLICATION IN WHICH CANNOT BE EXCLUDED THE FAILURE OF THE SOFTWARE COULD LEAD TO PERSONAL INJURY OR LIMITED BY LAWDEATH. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS LIMITED REMEDIES, WARRANTY DISCLAIMER AND LIMITATIONS SET FORTH ABOVE LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTEL AND YOU. YOU ACKNOWLEDGE INTEL WOULD BE UNABLE TO PROVIDE THE SOFTWARE WITHOUT SUCH LIMITATIONS. YOU WILL APPLY REGARDLESS INDEMNIFY AND HOLD INTEL AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) HARMLESS AGAINST ALL CLAIMS, LIABILITIES, LOSSES, COSTS, DAMAGES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES), ARISING OUT OF, DIRECTLY OR INDIRECTLY, THE DISTRIBUTION OF WHETHER THE SOFTWARE AND ANY CLAIM OF PRODUCT LIABILITY, PERSONAL INJURY OR NOT YOU ACCEPT DEATH ASSOCIATED WITH ANY UNINTENDED USE, EVEN IF SUCH CLAIM ALLEGES THAT INTEL OR AN INTEL AFFILIATE, LICENSORS OR SUPPLIER WAS NEGLIGENT REGARDING THE LICENSED DESIGN OR MANUFACTURE OF THE SOFTWARE, CONTENT UPDATES OR UPGRADES.

Limitation of Liability. Section 33 (Limitation of Liability) of the General Terms does not apply to Zelle® Payment Services. EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSELAW, IN NO EVENT WILL SYMANTEC WE, ZELLE®, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS NETWORK FINANCIAL INSTITUTIONS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO YOU FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (iI) ANY COSTS OF PROCUREMENT OF SUBSTITUTE TRANSACTION CONDUCTED THROUGH OR REPLACEMENT GOODS AND SERVICESFACILITATED BY THE ZELLE® PAYMENT SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILLOMISSIONS, OR ANTICIPATED SAVINGS OTHER INACCURACIES IN THE ZELLE® PAYMENT SERVICES DESCRIBED OR WASTED MANAGEMENT AND STAFF TIMEPROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iiIV) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OTHER MATTER RELATING TO THE ZELLE® PAYMENT SERVICES DESCRIBED OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENTPROVIDED, EVEN IF SYMANTEC WE OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS ZELLE® HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES MIGHT OCCURDAMAGES. IF YOU ARE DISSATISFIED WITH THE ZELLE® PAYMENT SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ZELLE® PAYMENT SERVICES. IN NO CASE SHALL SYMANTEC’S THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY EXCEED FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF OURS, ZELLE®, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE NETWORK FINANCIAL INSTITUTIONS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED GREATEST EXTENT PERMITTED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESBUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

Limitation of Liability. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, BUT SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW AND REGARDLESS LAW, WITH RESPECT TO ANY SUBJECT MATTER OF WHETHER THIS AGREEMENT OR UNDER ANY REMEDY SET FORTH HEREIN FAILS TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHER LEGAL OR EQUITABLE THEORY, (A) NEITHER RIVERBED NOR ANY OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC AFFILIATES OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE IS LIABLE TO YOU FOR (iI) ANY COSTS INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, CONTRACTS, BUSINESS, REVENUES, GOODWILL OR REPUTATION, (II) COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR REPLACEMENT GOODS AND SERVICES, OR (III) LOSS OR CORRUPTION OF PROFITSDATA, LOSS INTERRUPTION OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR ANTICIPATED SAVINGS MALFUNCTION, OR WASTED MANAGEMENT AND STAFF TIME; DAMAGES RESULTING FROM CUSTOMER'S USE OF (OR (iiINABILITY TO ACCESS OR USE) ANY SPECIALPRODUCT OR SERVICE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT AND (B) THE AGGREGATE LIABILITY OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR RIVERBED AND ITS LICENSORS, RESELLERS, AFFILIATES AND SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY WILL NOT EXCEED THE AGGREGATE FEES YOU PAID RECEIVED BY RIVERBED FOR THE LICENSED SOFTWARE GIVING APPLICABLE PRODUCT OR SERVICE THAT GAVE RISE TO THE CLAIM. NOTHING THE FOREGOING LIMITATION IS CUMULATIVE, WITH ALL CLAIMS BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF RIVERBED IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE PRODUCTS ARE NOT DESIGNED FOR USE IN ANY DEVICE OR SYSTEM IN WHICH A MALFUNCTION OF THE PRODUCT WOULD RESULT IN FORESEEABLE RISK OF INJURY OR DEATH TO ANY PERSON. THIS AGREEMENT SHALL OPERATE SO AS INCLUDES OPERATION OF NUCLEAR FACILITIES, LIFE-SUPPORT SYSTEMS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS AND AIR TRAFFIC CONTROL. NEITHER RIVERBED NOR ANY OF ITS AFFILIATES IS LIABLE FOR ANY FAILURE OR DELAY DUE TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE MATTERS BEYOND ITS REASONABLE CONTROL OR FOR ANY OTHER ALLOCATION OF PRODUCTS BETWEEN ITS CUSTOMERS IN THE EVENT OF A SHORTAGE. THIS SECTION DOES NOT LIMIT LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS FOR BODILY INJURY OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESA PERSON.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSELAW, IN UNDER NO EVENT WILL SYMANTEC CIRCUMSTANCES SHALL SOTI OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) DAMAGES OF THIRD PARTIES CLAIMED AGAINST THE LICENSEE OR FOR PERSONAL INJURY, DEATH, OR ANY COSTS OF PROCUREMENT OF SUBSTITUTE INCIDENTAL, SPECIAL, INDIRECT OR REPLACEMENT GOODS AND SERVICESCONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USEREVENUE OR FAILURE TO REALIZE EXPECTED SAVINGS, LOSS AND/OR HARM OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTIONINTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES INCLUDING COSTS ASSOCIATED WITH DATA USAGE OVER COMMUNICATION NETWORKS (E.G. CELLULAR), LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENTOR RELATED TO LICENSEES USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS SOTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER WILL SOTI AND ITS SUPPLIERS BE LIABLE FOR ANY DIRECT DAMAGES MIGHT OCCURARISING OUT OF, OR IN CONNECTION WITH, ANY ALLEGED OR ACTUAL IMPROPER USE OR INSTALLATION OF THE SOFTWARE BY LICENSEE, ALLEGED OR ACTUAL NEGLIGENT ACTS OR OMISSIONS, WILLFUL MISCONDUCT, FRAUD OR FAILURE OF THE SOFTWARE DUE TO THIRD PARTIES SOFTWARE OR THE LICENSEE’S COMPUTER NETWORK. IN NO ANY CASE THE TOTAL LIABILITY OF SOTI AND ITS SUPPLIERS SHALL SYMANTEC’S LIABILITY EXCEED BE LIMITED TO THE FEES YOU AMOUNT ACTUALLY PAID BY LICENSEE FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.WITHIN TWELVE

Limitation of Liability. ANY PROVISION IN THIS AGREEMENT, ANY OTHER AGREEMENT OR THE RULES TO THE MAXIMUM EXTENT PERMITTED CONTRARY NOTWITHSTANDING, BANK SHALL ONLY BE LIABLE FOR DAMAGES SOLELY AND PROXIMATELY CAUSED BY APPLICABLE LAW ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, BANK’S LIABILITY SHALL IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR EXCEED THE LESSER OF (i) YOUR ACTUAL DAMAGES OR (ii) THE TOTAL FEES PAID BY YOU TO BANK FOR THE SERVICE. YOU AGREE THE BANK WILL NOT BE LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR REPLACEMENT GOODS AND SERVICESEXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, USE, LOSS OF DATA OR CORRUPTION OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO DATAUSE THE SERVICE INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILLINABILITY TO USE, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT THE TERMINATION OF THE USE OF THIS LICENSE AGREEMENTSERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABLITY OR OTHERWISE), EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS THE BANK HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCURINFORMED OF THE POSSIBILITY THEREOF. IN NO CASE SHALL SYMANTECTO THE FULLEST EXTENT ALLOWED BY LAW, AND SUBJECT TO THE FOREGOING PROVISIONS OF THIS SECTION DEALING WITH BANK’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE DAMAGES SOLELY AND PROXIMATELY CAUSED BY ITS GROSS NEGLIGENCE OR LIMIT SYMANTECWILLFUL MISCONDUCT, BANK’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT UNDER THIS AGREEMENT SHALL BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESTO CORRECTING ERRORS RESULTING FROM BANK’S FAILURE TO EXERCISE ORDINARY CARE.

Limitation of Liability. This Agreement does not limit a party’s liability for (i) death or personal injury resulting from the negligence of a party or (ii) fraud or fraudulent statements made by a party. TO THE MAXIMUM FULL EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS NOTWITHSTANDING ANY FAILURE OF WHETHER ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN FAILS OR LIMITATION OF LIABILITY: (A) DIGICERT AND ITS ESSENTIAL PURPOSEAFFILIATES, IN NO EVENT SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (THE “DIGICERT ENTITIES”) WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (i) INCLUDING ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, DAMAGES ARISING FROM LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OR COSTS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, PROCURING SUBSTITUTE SOFTWARE OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (iiSERVICES) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF OR RELATING TO THIS LICENSE AGREEMENTAGREEMENT OR THE SUBJECT MATTER HEREOF; AND (B) DIGICERT ENTITIES' TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO DIGICERT IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY, EVEN IF SYMANTEC IN EACH OF THE FOREGOING CASES (A) AND (B), REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM CONTRACT, INDEMNIFICATION, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ITS LICENSORSOTHERWISE, RESELLERS, SUPPLIERS OR AGENTS AND REGARDLESS OF WHETHER DIGICERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE LOSS OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESDAMAGE.

Limitation of Liability. TO NEITHER STORAGE SOLUTIONS NOR ITS AGENTS, INSURERS, EMPLOYEES, DIRECTORS AND OFFICERS, AND REPRESENTATIVES (COLLECTIVELY, THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS “AGENTS”) SHALL BE LIABLE TO YOU FOR (i) ANY COSTS LOSS, INJURY OR DAMAGE DERIVED FROM ANY CAUSE, INCLUDING THE NEGLIGENT OR DELIBERATE ACTS OR OMISSIONS OF PROCUREMENT OF SUBSTITUTE STORAGE SOLUTIONS OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF THE AGENTS OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILLFAULTY MATERIALS OR WORKMANSHIP OR ANY OTHER DEFECT IN THE PROPERTY, OR ANTICIPATED SAVINGS FIRE, EXPLOSION, STEAM, ELECTRICITY, WATER, RAIN, SNOW, DAMGNESS; TO ANY PERSONS USING THE COMMON AREAS OR WASTED MANAGEMENT AND STAFF TIME; TO VEHICLES OR (ii) THEIR CONTENTS OR ANY SPECIALOTHER PROPERTY THEREIN OR THEREON, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER DAMAGE TO PROPERTY ENTRUSTED TO STORAGE SOLUTIONS OR THE AGENTS, OR FOR THE LOSS OF ANY PROPERTY BY THEFT, DAMAGE OR OTHERWISE, AND ALL PROPERTY LOCATED, KEPT OR STORED IN OR ABOUT THE PROPERTY SHALL BE SO LOCATED, KEPT OR STORED AT THE SOLE RISK TO YOU. YOU AND STORAGE SOLUTIONS FURTHER SPECIFICALLY AGREE THAT STORAGE SOLUTIONS AND THE AGENTS SHALL NOT BE SUBJECT TO ANY DUTY OR LIABILITY WHICH CANNOT UNDER AND ARE HERBY EXPRESSLY EXEMPT FROM OCCUPIERS LIABILITY ACT, R.S.O. 1990 OR SIMILAR LEGISTLATION AS MAY BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESIN FORCE FROM TIME TO TIME.

Limitation of Liability. Waiver: BY SUBMITTING A PROPOSAL, OFFERER EXPRESSLY AGREES TO WAIVE ANY CLAIM IT HAS OR MAY HAVE AGAINST BOTH THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF INTERLOCAL PURCHASING SYSTEM REGION 8 EDUCATION SERVICE CENTER, ITS ESSENTIAL PURPOSEDIRECTORS, IN NO EVENT WILL SYMANTEC OR OFFICERS, ITS LICENSORSTRUSTEES, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR IN CONNECTION WITH (1) THE ADMINISTRATION, EVALUATION, RECOMMENDATION OF ANY PROPOSAL; (2) ANY REQUIREMENTS UNDER THE SOLICITATION, PROPOSAL PACKAGE, OR RELATED DOCUMENTS; (3) THE REJECTION OF ANY PROPOSAL OR ANY PART OF ANY PROPOSAL; AND/OR (4) THE AWARD OF AN AGREEMENT, IF ANY. NEITHER REGION 8 ESC NOR TIPS SHALL BE RESPONSIBLE OR LIABLE FOR ANY COSTS INCURRED BY PROPOSERS OR THE SELECTED CONTRACTOR IN CONNECTION WITH RESPONDING TO THE SOLICITATION, PREPARING FOR ORAL PRESENTATIONS, PREPARING AND SUBMITTING A PROPOSAL, ENTERING OR NEGOTIATING THE TERMS OF AN AGREEMENT, OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED EXPENSES INCURRED BY LAWA PROPOSER. THE DISCLAIMERS PROPOSER OR SELECTED CONTRACTOR IS WHOLLY RESPONSIBLE FOR ANY SUCH COSTS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS EXPENSES AND SHALL NOT BE REIMBURSED IN ANY MANNER BY REGION 8 ESC OR TIPS. The Vendor agrees to indemnify and hold harmless and defend TIPS, TIPS Member(s), officers and employees from and against all claims and suits by third parties for damages, injuries to persons (including death), property damages, losses, and expenses including court costs and reasonable attorney’s fees, including all such causes of action based upon common, constitutional, or statutory law, or based in whole or in part, upon allegations of negligent or intentional acts on the part of the Vendor, its officers, employees, agents, or subcontractors. Parties found liable shall pay their proportionate share of damages as agreed by the parties or as ordered by a court of competent jurisdiction over the case. NO LIMITATION OF WHETHER LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR NOT YOU ACCEPT THE LICENSED SOFTWAREPROPERTY DAMAGE ARE PERMITTED OR AGREED BY TIPSƒESC Region 8. Per Texas Education Code §44.032(f), CONTENT UPDATES OR UPGRADESand pursuant to its requirements only, reasonable Attorney’s fees are recoverable by the prevailing party in any dispute resulting in litigation. For the avoidance of doubt, the indemnity obligations set forth in this paragraph shall not apply in any way to harm arising out of any third party products, software andƒor services resold by Vendor under this agreement.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED NOT PROHIBITED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSELAW, IN NO EVENT WILL SYMANTEC SHALL APPLE, ITS AFFILIATES, AGENTS OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS PRINCIPALS BE LIABLE TO YOU FOR (i) PERSONAL INJURY, OR ANY COSTS OF PROCUREMENT OF SUBSTITUTE INCIDENTAL, SPECIAL, INDIRECT OR REPLACEMENT GOODS AND SERVICESCONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF USEDATA, LOSS FAILURE TO TRANSMIT OR RECEIVE ANY DATA (INCLUDING WITHOUT LIMITATION COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR CORRUPTION RELATED TO DATAYOUR USE OR INABILITY TO USE THE APPLE SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE, BUSINESS INTERRUPTIONAPPLICATIONS OR SERVICES IN CONJUNCTION WITH THE APPLE SOFTWARE OR SERVICES, LOSS HOWEVER CAUSED, REGARDLESS OF PRODUCTIONTHE THEORY OF LIABILITY (CONTRACT, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, TORT OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT OTHERWISE) AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES MIGHT OCCURDAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred and fifty dollars (U.S.$250.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. NOTWITHSTANDING ANY OTHER TERMS IN NO CASE SHALL SYMANTECTHIS LICENSE, IF THE CONSUMER CONTRACT ACT OF JAPAN APPLIES, TERMS WHICH LIMIT APPLE’S LIABILITY EXCEED FOR DAMAGES ARISING FROM BREACH OF THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE CONTRACT OR TORT COMMITTED BY APPLE SHALL NOT APPLY IF SUCH DAMAGE IS DUE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE APPLE’S INTENTIONAL MISCONDUCT OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESGROSS NEGLIGENCE.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW LAW, YOU AGREE THAT NEITHER OSNEXUS NOR ITS AFFILIATES, SUPPLIERS, OR AUTHORIZED DISTRIBUTORS SHALL BE LIABLE FOR ANY LOSS OF DATA OR PRIVACY, LOSS OF INCOME, LOSS OF OPPORTUNITY OR PROFITS, COST OF RECOVERY, LOSS ARISING FROM YOUR USE OF THE SOFTWARE OR SUPPORT, OR DAMAGE ARISING FROM YOUR USE OF THIRD PARTY SOFTWARE OR HARDWARE OR ANY OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; OR THE USE OF THE SOFTWARE OR SUPPORT, REFERENCE MATERIALS, OR ACCOMPANYING DOCUMENTATION; OR YOUR EXPORTATION, REEXPORTATION, OR IMPORTATION OF THE SOFTWARE, HOWEVER CAUSED AND REGARDLESS ON ANY THEORY OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS LIABILITY. THIS LIMITATION WILL APPLY EVEN IF OSNEXUS, ITS AFFILIATES, SUPPLIERS, OR AUTHORIZED DISTRIBUTORS HAVE BEEN ADVISED OF ITS ESSENTIAL PURPOSETHE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SYMANTEC OR SHALL THE LIABILITY OF OSNEXUS, ITS LICENSORSAFFILIATES, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILLSUPPLIERS, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY AUTHORIZED DISTRIBUTORS EXCEED THE FEES YOU AMOUNT PAID FOR THE LICENSED SOFTWARE GIVING RISE OR SUPPORT AT ISSUE. YOU ACKNOWLEDGE THAT THE LICENSE OR SUPPORT FEE REFLECTS THIS ALLOCATION OF RISK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE CLAIMYOU. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWAREFor purposes of this AGREEMENT, CONTENT UPDATES OR UPGRADESthe term 'OSNEXUS AFFILIATE' shall mean any legal entity fifty percent (50%) or more of the voting interests in which are owned directly or indirectly by OSNEXUS, Inc. Affiliates, suppliers, and authorized distributors are intended to be third party beneficiaries of this AGREEMENT.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSELAW, IN NO EVENT WILL SYMANTEC AUGX OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, RESELLERS, SUPPLIERS OR AGENTS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOU FOR (i) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE, THE SERVICE, THE PREMIUM SERVICES, OR ANY COSTS CONTENT GENERATED THEREON OR MADE AVAILABLE THERETHROUGH, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICESREVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, DAMAGE TO OR LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILLPROPERTY, OR ANTICIPATED SAVINGS PERSONAL INJURY OR WASTED MANAGEMENT AND STAFF TIME; DEATH, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENTOTHERWISE, EVEN IF SYMANTEC FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, AUGX IS FOUND LIABLE FOR ANY LOSS OR ITS LICENSORSDAMAGE UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTECEVENT WILL AUGX’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE FEES TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU PAID FOR TO AUGX IN THE LICENSED SOFTWARE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAWIf you are not satisfied with the Site or the Service, your sole and exclusive remedy is to cease all access to and use of the Site and the Service. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARESome jurisdictions do not allow the limitation of liability for incidental or consequential damages or other damages or liability, CONTENT UPDATES OR UPGRADESso the foregoing limitations may not apply to you. To the extent that in a particular circumstance any limitation on damages or liability set forth in this Section is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, AugX shall be entitled to the maximum limitations on damages and liability available at law and equity in that particular circumstance. You and AugX understand and agree that the disclaimers, exclusions, and limitations in this Section 18 and in Section 16 are essential elements of these Terms and that they represent a reasonable allocation of risk. In particular, you understand that AugX would be unable to make the Site or the Service available to you except on these terms and agree that these Terms will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC SPIRENT, ITS PARENT COMPANY, ANY OF THEIR AFFILIATES OR ITS ANY OF THIEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, LICENSORS, RESELLERS, RESELLERS OR SUPPLIERS OR AGENTS (COLLECTIVELY “SPIRENT PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE SUPPORT AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S SPIRENT PARTIES’ AGGREGATE CUMULATIVE LIABILITY UNDER THIS SUPPORT AGREEMENT EXCEED THE AGGREGATE SUPPORT FEES PAID OR PAYABLE BY YOU PAID FOR THE LICENSED SOFTWARE COVERED PRODUCT IN THE TWELVE (12) MONTHS PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. NOTHING IN THIS SUPPORT AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTECA PARTY’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC SHALL EITHER PARTY OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU THE OTHER FOR (i) ANY COSTS THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR REPLACEMENT GOODS AND TECHNOLOGY OR SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES ON ANY THEORY OF LIABILITY, WHETHER ARISING DIRECTLY IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUROTHERWISE. IN NO CASE SHALL SYMANTECEACH PARTY’S TOTAL LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR UNDER THIS AGREEMENT OR FOR BREACH OF THIS AGREEMENT OR IN CONNECTION WITH THE PROVISION OF ACCESS TO ANY PRODUCTS OR ANY SERVICES HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE AMOUNTS PAID TO QIAGEN BY CUSTOMER (AND IN THE CASE OF CUSTOMER’S LIABILITY WHICH CANNOT BE EXCLUDED ANY AMOUNTS PAID OR LIMITED BY LAWDUE) IN CONNECTION WITH THIS AGREEMENT. THE DISCLAIMERS FOREGOING LIMITATIONS SHALL NOT APPLY TO ANY FEES DUE TO QIAGEN HEREUNDER OR ANY BREACH OF SECTIONS 2 (RIGHTS OF ACCESS AND USE), 3 (CUSTOMER RESTRICTIONS, OBLIGATIONS AND LIMITATIONS) OR 7 (CONFIDENTIALITY), OR EITHER PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 10. THE LIMITATIONS SET FORTH ABOVE WILL IN THIS SECTION SHALL APPLY REGARDLESS EVEN IF A PARTY IS ADVISED OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWAREPOSSIBILITY OF SUCH DAMAGE, CONTENT UPDATES OR UPGRADESAND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Limitation of Liability. CONTRACTOR’S LIABILITY FOR DAMAGES TO THE STATE ARISING OUT OF THE SUBJECT MATTER OF THIS CONTRACT SHALL NOT EXCEED TWO TIMES THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS AMOUNT PAYABLE UNDER THIS CONTRACT, OR $3,770,815 WHICHEVER IS GREATER. LIMITS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS LIABILITY FOR STATE CLAIMS SHALL NOT APPLY TO STATE CLAIMS ARISING OUT OF: (A) CONTRACTOR’S OBLIGATION TO INDEMNIFY THE STATE; (B) CONTRACTOR’S CONFIDENTIALITY OBLIGATIONS TO THE STATE; (C) PERSONAL INJURY OR DAMAGE TO REAL OR PERSONAL PROPERTY; (D) CONTRACTOR’S GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT; OR (E) VIOLATIONS OF ITS ESSENTIAL PURPOSE, THE STATE OF VERMONT FRAUDULENT CLAIMS ACT. IN NO EVENT WILL SYMANTEC SHALL THIS LIMIT OF LIABILITY BE CONSTRUED TO LIMIT CONTRACTOR’S LIABILITY FOR THIRD PARTY CLAIMS AGAINST THE CONTRACTOR WHICH MAY ARISE OUT OF CONTRACTOR’S ACTS OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS OMISSIONS IN THE PERFORMANCE OF THIS CONTRACT. NEITHER PARTY SHALL BE LIABLE TO YOU THE OTHER FOR (i) ANY COSTS INDIRECT, INCIDENTAL OR SPECIAL DAMAGES, DAMAGES WHICH ARE UNFORESEEABLE TO THE PARTIES AT THE TIME OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICESCONTRACTING, DAMAGES WHICH ARE NOT PROXIMATELY CAUSED BY A PARTY, SUCH AS LOSS OF ANTICIPATED BUSINESS, OR LOST PROFITS, LOSS OF USEINCOME, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS REVENUE IN CONNECTION WITH OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAWTHE SUBJECT MATTER OF THIS CONTRACT. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESThe provisions of this Section shall apply notwithstanding any other provisions of this Contract or any other agreement.

Limitation of Liability. LICENSEE ACKNOWLEDGES THAT EVERY BUSINESS DECISION TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW SOME DEGREE REPRESENTS AN ASSUMPTION OF RISK AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF THAT MISMO AND ITS ESSENTIAL PURPOSEAFFILIATES, IN NO EVENT WILL SYMANTEC FURNISHING MISMO SERVICES HEREUNDER, DO NOT ASSUME LICENSEE’S RISK. LICENSEE AGREES NOT TO HOLD MISMO OR ITS LICENSORS, RESELLERS, SUPPLIERS ANY AFFILIATE LIABLE FOR ANY LOSS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR CAUSED, IN WHOLE OR IN PART, BY MISMO OR SUCH AFFILIATE’S ACTS OR OMISSIONS, WHETHER NEGLIGENT OR OTHERWISE, IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING, OR DELIVERING THE MISMO SERVICES OR ANY COMPLIANCE CERTIFICATION MARK. NEITHER MISMO NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY PRODUCTS PROVIDED BY LICENSEE, OR (B) INACCURACIES OR ERRORS IN, OR OMISSIONS PROVIDED TO MISMO BY LICENSEE OR ANY THIRD PARTY. MISMO MAKES NO REPRESENTATION THAT COMPLIANCE WITH THE MISMO STANDARDS INDICATES THAT THE LICENSEE’S CERTIFIED PRODUCT WILL OPERATE FREE FROM DEFECT WITHOUT ERROR OR ACCORDING TO ITS APPLICABLE DESIGN STANDARDS OR THAT LICENSEE’S CERTIFIED PRODUCT AND THE SYSTEMS OF THIRD PARTIES WILL BE INTEROPERABLE. LICENSEE AGREES AND ACKNOWLEDGES THAT RELIANCE ON A MISMO COMPLIANCE CERTIFICATION MARK OR OTHER LIABILITY WHICH CANNOT MATERIALS, INFORMATION, OR DATA OTHERWISE PROVIDED BY MISMO OR ANY MISMO AFFILIATE IS AT THE RISK OF THE PARTY SO RELYING, AND IN NO WAY WILL MISMO OR ANY MISMO AFFILIATE BE EXCLUDED LIABLE FOR ANY PARTY’S DECISION TO ENTER INTO OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESREFRAIN FROM ENTERING INTO ANY TRANSACTION FOR ANY REASON.

Limitation of Liability. TO VIXSTER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SERVICES, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF ITS ESSENTIAL PURPOSEVIXSTER, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS EVEN IF VIXSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VIXSTER SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, LIABILITY OR LOSSES, WHETHER ARISING UNDER CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF: (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS YOUR USE OF OR CORRUPTION RELIANCE ON THE SERVICES OR YOUR INABILITY TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, ACCESS OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIMEUSE THE SERVICES; OR (ii) ANY SPECIALTRANSACTION, CONSEQUENTIALACTION, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENTRELATIONSHIP BETWEEN YOU AND ANY HAULER, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS VIXSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES MIGHT OCCURDAMAGES. VIXSTER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND VIXSTER'S REASONABLE CONTROL. THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE WASTE REMOVAL SERVICES WITH HAULERS, BUT YOU AGREE THAT VIXSTER HAS NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE RESPONSIBILITY OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR RELATED TO ANY WASTE REMOVAL SERVICES PROVIDED TO YOU BY HAULERS OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS THAN AS EXPRESSLY SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESIN THESE TERMS.

Limitation of Liability. TO A. CLIENT ACCEPTS THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IBKR SYSTEM "AS IS", AND REGARDLESS WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF WHETHER MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, PURPOSE OR APPLICATION; TIMELINESS; FREEDOM FROM INTERRUPTION; OR ANY REMEDY SET FORTH HEREIN FAILS IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF ITS ESSENTIAL PURPOSEDEALING OR COURSE OF PERFORMANCE. UNDER NO CIRCUMSTANCES SHALL IBKR (OR ANY AFFILIATE OF IBKR) BE LIABLE FOR ANY PUNITIVE, IN NO EVENT WILL SYMANTEC INDIRECT, INCIDENTAL, SPECIAL OR ITS LICENSORSCONSEQUENTIAL LOSS OR DAMAGES, RESELLERSINCLUDING LOSS OF BUSINESS, SUPPLIERS PROFITS OR AGENTS GOODWILL. IBKR (AND ANY AFFILIATE OF IBKR) SHALL NOT BE LIABLE TO YOU FOR (i) ANY COSTS CLIENT BY REASON OF PROCUREMENT DELAYS OR INTERRUPTIONS OF SUBSTITUTE SERVICE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILLTRANSMISSIONS, OR ANTICIPATED SAVINGS FAILURES OF PERFORMANCE OF THE IBKR SYSTEM, REGARDLESS OF CAUSE, INCLUDING, BUT NOT LIMITED TO: THOSE CAUSED BY HARDWARE OR WASTED MANAGEMENT AND STAFF TIMESOFTWARE MALFUNCTION; GOVERNMENTAL, EXCHANGE OR OTHER REGULATORY ACTION; ACTS OF GOD; WAR, TERRORISM, PUBLIC HEALTH EVENTS (INCLUDING PANDEMICS); IBKR'S INTENTIONAL ACTS; OR (ii) ANY SPECIALIBKR'S FAILURE TO ACT TO PREVENT SERVICE DISRUPTION OR SYSTEM FAILURE. CLIENT RECOGNIZES THAT THERE MAY BE DELAYS OR INTERRUPTIONS IN THE USE OF THE IBKR SYSTEM, CONSEQUENTIALINCLUDING, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT FOR EXAMPLE, THOSE CAUSED INTENTIONALLY BY IBKR FOR PURPOSES OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED SERVICING THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESIBKR SYSTEM.

Limitation of Liability. THE FOLLOWING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSELAWS. IF YOU ARE A CONSUMER RESIDING IN A JURISDICTION THAT DOES NOT PERMIT SUCH LIMITATION, INCLUDING QUEBEC, SUCH LIMITATIONS SHALL NOT APPLY TO YOU. IN NO EVENT WILL SYMANTEC SHALL IMPACT AUTO AUCTIONS OR ITS LICENSORSAFFILIATES, RESELLERSOR THEIR DIRECTORS, SUPPLIERS OFFICERS, EMPLOYEES, AGENTS, MANDATARIES OR AGENTS REPRESENTATIVES (COLLECTIVELY, THE "IMPACT AUTO AUCTIONS PARTIES") BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND DIRECTLY OR INDIRECTLY ARISING FROM, RELATED TO OR RESULTING FROM THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SERVICE, SERVICE CONTENT OR ANY INFORMATION, WEBSITE, SERVICES OR MATERIALS AVAILABLE THEREON (i) INCLUDING, BUT NOT LIMITED TO, ANY COSTS OF PROCUREMENT OF SUBSTITUTE DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR REPLACEMENT GOODS AND SERVICES, CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF USEANTICIPATED PROFITS, LOSS OF BUSINESS, GOODWILL OR CORRUPTION TO DATAREVENUE, BUSINESS INTERRUPTION, LOSS OF PRODUCTIONDATA OR SALE, LOSS COST OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, SUBSTITUTE PRODUCTS OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENTSERVICES), EVEN IF SYMANTEC ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING EXCLUSIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND EXTRA- CONTRACTUAL LIABILITY), CIVIL LIABILITY OR ITS LICENSORSOTHERWISE, RESELLERS, SUPPLIERS OR AGENTS AND EVEN IF ANY IMPACT AUTO AUCTIONS PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESDAMAGES.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC VERITAS OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC VERITAS OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S VERITAS’ LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S VERITAS’ LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES, UPDATES OR UPGRADES.

Limitation of Liability. IN NO EVENT WILL JNBRIDGE OR ITS LICENSORS BE LIABLE TO LICENSEE OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT OR THE MAXIMUM EXTENT PERMITTED SOFTWARE OR THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED WITH THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUE OR PROFITS, LOST DATA, OR INTERRUPTION OF BUSINESS), EVEN IF JNBRIDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. THE TOTAL CUMULATIVE LIABILITY OF JNBRIDGE RELATING TO THIS AGREEMENT OR THE SOFTWARE OR THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED WITH THE SOFTWARE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL AMOUNTS RECEIVED BY APPLICABLE LAW JNBRIDGE FROM LICENSEE (IF ANY) FOR THE SOFTWARE UNDER THIS AGREEMENT DURING THE 3 MONTH PERIOD PROCEEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. LICENSEE ACKNOWLEDGES THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT JNBRIDGE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THE LIMITATIONS IN THIS SECTION 18 WILL APPLY REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC PURPOSE OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESOTHERWISE.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW LAW: CROWDSTRIKE AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR (i) ANY COSTS INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR RELIANCE DAMAGES ARISING OUT OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS RELATED TO THIS AGREEMENT OR THE PRODUCTS AND SERVICES, LOSS OF UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, FOR LOSS OF PRODUCTIONPRIVACY, NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENTWHATSOEVER, EVEN IF SYMANTEC CROWDSTRIKE KNOWS OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. CROWDSTRIKE'S AND ITS LICENSORS, RESELLERS, SUPPLIERS AFFILIATES' TOTAL CUMULATIVE LIABILITY FOR DAMAGES ARISING OUT OF OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE RELATED TO THIS AGREEMENT SHALL SYMANTEC’S LIABILITY NOT EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO PRODUCT(S) OR SERVICE(S) AT ISSUE REGARDLESS OF THE CLAIMCAUSE OR FORM OF ACTION. NOTHING THIS SECTION SHALL APPLY EVEN IF YOUR EXCLUSIVE REMEDY HAS FAILED OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAWAND THAT CROWDSTRIKE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THE DISCLAIMERS PRODUCTS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS SERVICES ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. THE PRODUCTS OR SERVICES ARE NOT FOR USE IN THE OPERATION OF WHETHER AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR NOT YOU ACCEPT THE LICENSED SOFTWARECOMMUNICATION SYSTEMS, CONTENT UPDATES WEAPONS SYSTEMS, DIRECT OR UPGRADESINDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS NEITHER ZERTO NOR ANY OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERSAFFILIATES, SUPPLIERS EMPLOYEES OR AGENTS CONSULTANTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM: (i) ANY COSTS THE USE OR THE INABILITY TO USE THE SOFTWARE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (iiiii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT. IN ANY SPECIALCASE AND WITHOUT DEROGATING FROM THE ABOVE, CONSEQUENTIAL, INCIDENTAL THE AGGREGATE LIABILITY OF ZERTO (OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT ANY OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERSAFFILIATES, SUPPLIERS EMPLOYEES OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE CONSULTANTS) UNDER THIS AGREEMENT OR ANY APPLICABLE TORT LAW SHALL SYMANTEC’S LIABILITY EXCEED BE LIMITED TO THE FEES AMOUNT ACTUALLY PAID BY YOU PAID TO ZERTO FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAWSOFTWARE. THE DISCLAIMERS SOFTWARE IS NOT INTENDED FOR USE IN CONNECTION WITH ANY INHERENTLY DANGEROUS APPLICATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS YOU MAY HAVE ADDITIONAL RIGHTS. THIS SECTION CONSTITUTES A CONTRACT FOR THE BENEFIT OF WHETHER EACH OF ZERTO'S LICENSORS, AFFILIATES, EMPLOYEES OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESCONSULTANTS.

Limitation of Liability. IN NO EVENT WILL SDNCENTER OR ITS LICENSORS BE LIABLE TO LICENSEE OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT OR THE MAXIMUM EXTENT PERMITTED SOFTWARE OR THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED WITH THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUE OR PROFITS, LOST DATA, OR INTERRUPTION OF BUSINESS), EVEN IF SDNCENTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. THE TOTAL CUMULATIVE LIABILITY OF SDNCENTER RELATING TO THIS AGREEMENT OR THE SOFTWARE OR THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED WITH THE SOFTWARE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL AMOUNTS RECEIVED BY APPLICABLE LAW SDNCENTER FROM LICENSEE (IF ANY) FOR THE SOFTWARE UNDER THIS AGREEMENT DURING THE 3 MONTH PERIOD PROCEEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. LICENSEE ACKNOWLEDGES THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT SDNCENTER WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THE LIMITATIONS IN THIS SECTION 18 WILL APPLY REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC PURPOSE OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESOTHERWISE.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSEPURPOSE OR OTHERWISE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, OPTASIA MEDICAL WILL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY CHARACTER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR COMPUTER MALFUNCTION, LOSS OF INFORMATION OR DATA, LOST PROFITS AND BUSINESS INTERRUPTION, AND THE COST TO OBTAIN SUBSTITUTE SOFTWARE, ARISING IN ANY WAY OUT OF THIS AGREEMENT OR COS OR THE USE OF (OR INABILITY TO USE) THE SOFTWARE HOWEVER CAUSED AND WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF OPTASIA MEDICAL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SYMANTEC OPTASIA MEDICAL’S TOTAL LIABILITY TO CUSTOMER RELATING TO THIS AGREEMENT OR ITS LICENSORS, RESELLERS, SUPPLIERS COS OR AGENTS THE USE (OR INABILITY TO USE) THE SOFTWARE EXCEED THE AMOUNT PAID BY CUSTOMER TO OPTASIA MEDICAL UNDER THIS AGREEMENT OR COS. OPTASIA MEDICAL SHALL NOT BE LIABLE TO YOU FOR (i) ANY COSTS CLAIMS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE THIRD PARTIES RELATING TO THE CLAIMSOFTWARE. NOTHING OPTASIA MEDICAL WOULD NOT PROVIDE THE SOFTWARE TO CUSTOMER IF CUSTOMER DID NOT AGREE TO THE "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" PROVISIONS IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAWAGREEMENT. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARENo employee, CONTENT UPDATES OR UPGRADESagent, representative or affiliate of Optasia Medical has the authority to bind Optasia Medical to any oral representations or warranty concerning the Software or Services. Any written representation or warranty not expressly contained in this Agreement or COS is unenforceable.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW LAW, ANY LIABILITY OF LICENSOR SHALL BE LIMITED IN THE AGGREGATE TO THE AMOUNTS PAID BY LICENSEE FOR THE LICENSED SOFTWARE. EXCEPT WHERE PROHIBITED BY LAW, THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND REGARDLESS OTHER TORTS. EXCEPT WHERE PROHIBITED BY LAW, THE LIMITATIONS OF WHETHER LIABILITY DESCRIBED IN THIS SECTION 9 ALSO APPLY TO LICENSOR’S THIRD-PARTY SUPPLIERS. LICENSOR’S AND ITS THIRD-PARTY SUPPLIERS’ LIMITATIONS OF LIABILITY ARE NOT CUMULATIVE. Licensee’s remedies in this License Agreement are Licensee’s exclusive remedies. NEITHER LICENSOR NOR ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, THIRD-PARTY SUPPLIERS OR AGENTS SHALL BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICESINJURY, LOSS OF OR DAMAGE, WHETHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL NOR FOR ANY LOST PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILLDATA OR PROGRAMS, OR ANTICIPATED SAVINGS THE COST OF RECOVERING SUCH DATA OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENTPROGRAMS, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED INFORMED OF THE POSSIBILITY OF SUCH DAMAGES MIGHT OCCURIN ADVANCE. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING NEITHER THIS LICENSE AGREEMENT NOR ANYTHING IN THIS AGREEMENT SECTION 9 SHALL OPERATE SO AS PURPORT TO EXCLUDE OR LIMIT SYMANTEC’S RESTRICT THE LIABILITY OF LICENSOR OR ITS THIRD-PARTY SUPPLIERS TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED EXTENT NOT PERMITTED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW LAW: CROWDSTRIKE AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR (i) ANY COSTS INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR RELIANCE DAMAGES ARISING OUT OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS RELATED TO THIS AGREEMENT OR THE PRODUCTS AND SERVICES, LOSS OF UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, FOR LOSS OF PRODUCTIONPRIVACY, NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENTWHATSOEVER, EVEN IF SYMANTEC CROWDSTRIKE KNOWS OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. CROWDSTRIKE'S AND ITS LICENSORS, RESELLERS, SUPPLIERS AFFILIATES' TOTAL CUMULATIVE LIABILITY FOR DAMAGES ARISING OUT OF OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE RELATED TO THIS AGREEMENT SHALL SYMANTEC’S LIABILITY NOT EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO PRODUCT(S) OR SERVICE(S) AT ISSUE REGARDLESS OF THE CLAIMCAUSE OR FORM OF ACTION. NOTHING THIS SECTION SHALL APPLY EVEN IF YOUR EXCLUSIVE REMEDY HAS FAILED OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT CROWDSTRIKE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THE PRODUCTS AND SERVICES ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. THE PRODUCTS OR SERVICES ARE NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE. THIS AGREEMENT SHALL OPERATE SO AS NOT IMPAIR THE U.S. GOVERNMENT’S RIGHT TO EXCLUDE RECOVER FOR FRAUD OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY CRIMES ARISING OUT OF NEGLIGENCE OR FOR RELATED TO THIS AGREEMENT UNDER ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAWFEDERAL FRAUD STATUTE, INCLUDING THE FALSE CLAIMS ACT, 31 U.S.C. 3729- 3733. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESThe foregoing exclusion/limitation of liability shall not apply to (1) personal injury or death resulting from the Vendor’s negligence; (2) for fraud; or (3) for any other matter for which liability cannot be excluded by law.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED YOU ARE SOLELY RESPONSIBLE FOR OBTAINING YOUR OWN LEGAL ADVICE OR FOR PROTECTING LEGAL PRIVILEGE OR ABIDING BY APPLICABLE LAW OR NEGOTIATING YOUR OWN CONTRACTS AND REGARDLESS LEGAL TERMS AND CONDITIONS. YOU EXPRESSLY ABSOLVE AND RELEASE AIA FROM ANY CLAIM OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS HARM RESULTING FROM A CAUSE BEYOND AIA’S CONTROL, INCLUDING, BUT NOT LIMITED TO, FAILURE OF ITS ESSENTIAL PURPOSEELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OR NATURAL DISASTERS, STRIKES OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS. MOREOVER, YOU AGREE THAT IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS SHALL AIA BE LIABLE TO FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE ACD ONLINE SERVICE BY YOU OR FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND INFORMATION, PROGRAMS, PRODUCTS, SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF AND MATERIALS AVAILABLE WITH OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILLTHROUGH THE ACD ONLINE SERVICE, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER OTHERWISE ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENTUTILIZATION OF THE ACD ONLINE SERVICE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS AIA HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUROF THE POSSIBILITY OF DAMAGES. IN NO CASE SHALL SYMANTEC’S WITHOUT LIMITATION OF THE FOREGOING, TOTAL LIABILITY EXCEED OF AIA FOR ANY REASON WHATSOEVER RELATED TO YOUR PERSONAL USE OF THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE ACD ONLINE SERVICE OR ANY CLAIMS RELATING TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE NOT EXCEED YOUR LICENSE COST OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE$5,000 (USD), CONTENT UPDATES OR UPGRADESWHICHEVER IS LESS.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC TEAMVIEWER OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU CUSTOMER FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENTCONTRACT, EVEN IF SYMANTEC TEAMVIEWER OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTECTEAMVIEWER’S LIABILITY EXCEED THE FEES YOU CUSTOMER PAID FOR THE LICENSED SOFTWARE OR SERVICES GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTECTEAMVIEWER’S LIABILITY TO YOU CUSTOMER FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE IN THIS XXXX WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT CUSTOMER ACCEPTS THE LICENSED SOFTWARE, CONTENT UPDATES SERVICES OR UPGRADESANY UPDATES, OR NEW VERSIONS.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC SHALL VERITAS OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU SOLUTIONS PROVIDER OR ANY PERSON FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE INCIDENTAL, INDIRECT, SPECIAL OR REPLACEMENT GOODS AND SERVICESCONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTIONGOOD WILL, COVER AND RELIANCE, INTERRUPTION OF BUSINESS OR ANY AND ALL OTHER SIMILAR DAMAGES OR LOSS OF REVENUESWHETHER IN CONTRACT, LOSS OF CONTRACTSTORT (INCLUDING NEGLIGENCE), LOSS OF GOODWILL, PRODUCT LIABILITY OR ANTICIPATED SAVINGS OTHERWISE IN CONNECTION WITH OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC VERITAS, ITS SUPPLIERS OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES MIGHT OCCURDAMAGES. EXCEPT AS LIMITED BY APPLICABLE LAW, IN NO CASE EVENT SHALL SYMANTEC’S VERITAS’ TOTAL LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT EXCEED THE FEES YOU PAID FOR BY SOLUTIONS PROVIDER TO VERITAS DURING THE LICENSED SOFTWARE SIX MONTHS PRECEDING THE CIRCUMSTANCES FIRST GIVING RISE TO THE CLAIMCLAIM OF LIABILITY, AND IF SUCH DAMAGES RESULT FROM THE SOLUTIONS PROVIDER’S USE OF A PRODUCT, SUPPORT OR PROFESSIONAL SERVICES PROVIDED UNDER THIS AGREEMENT, SUCH LIABILITY SHALL BE LIMITED TO FEES PAID FOR THE RELEVANT PRODUCT, SUPPORT OR PROFESSIONAL SERVICES GIVING RISE TO THE LIABILITY. NOTHING IN THIS AGREEMENT THESE LIMITATIONS SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT APPLY NOTWITHSTANDING THE FAILURE OF NEGLIGENCE OR FOR THE ESSENTIAL PURPOSE OF ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESREMEDY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC SPIRENT, ITS PARENT COMPANY, ANY OF THEIR AFFILIATES OR ITS ANY OF THIEIR RESPEC TIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, LICENSORS, RESELLERS, RESELLERS OR SUPPLIERS OR AGENTS (COLLECTIVELY “SPIRENT PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE SUPPORT AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S SPIRENT PARTIES’ AGGREGATE CUMULATIVE LIABILITY UNDER THIS SUPPORT AGREEMENT EXCEED THE AGGREGATE SUPPORT FEES PAID OR PAYABLE BY YOU PAID FOR THE LICENSED SOFTWARE COVERED PRODUCT IN THE TWELVE ( 12) MONTHS PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. NOTHING IN THIS SUPPORT AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTECA PARTY’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.

Limitation of Liability. INDEPENDENT OF, SEVERABLE FROM AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT, IN NO EVENT WILL PDFTRON’S AGGREGATE LIABILITY TO YOU (INCLUDING LIABILITY TO PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY THE LICENSEE), WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE MAXIMUM SOFTWARE, IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF ANY DUTY) OR OTHERWISE EXCEED THE AMOUNT YOU HAVE PAID, IF ANY, FOR THE SOFTWARE UNDER THIS AGREEMENT. IN NO EVENT WILL PDFTRON BE LIABLE YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL OR BUSINESS PROFITS, REVENUE, OR EXPECTED SAVINGS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, LOSS OF DATA OR INFORMATION OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF PDFTRON HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES WILL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS THE SUCCESS OR EFFECTIVENESS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESREMEDIES.

Limitation of Liability. 10.1 NOTWITHSTANDING ANYTHING TO THE MAXIMUM CONTRARY, EXCEPT TO THE EXTENT PERMITTED PROHIBITED BY APPLICABLE LAW LAW, NEITHER PARTY (INCLUDING SUCH PARTY’S SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND REGARDLESS EMPLOYEES) SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF WHETHER THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY REMEDY SET FORTH HEREIN FAILS CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF ITS ESSENTIAL PURPOSETHE POSSIBILITY OF SUCH LOSS OR DAMAGE; OR (B) FOR ANY DAMAGES, IN THE AGGREGATE, IN EXCESS OF THE FEES PAID OR PAYABLE BY CUSTOMER TO ELECTRIC FOR THE ELECTRIC PLATFORM AND SUPPORT SERVICES IN THE 12 MONTHS PRIOR TO THE CLAIM GIVING RISE TO SUCH DAMAGES. IN ADDITION, NOTWITHSTANDING ANYTHING TO THE CONTRARY, AND EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL SYMANTEC SHALL ELECTRIC (OR ITS LICENSORSSUPPLIERS, RESELLERSOFFICERS, SUPPLIERS AFFILIATES, REPRESENTATIVES, CONTRACTORS OR AGENTS EMPLOYEES) BE RESPONSIBLE OR LIABLE WITH RESPECT TO YOU FOR (i) ANY COSTS LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESTECHNOLOGY.

Limitation of Liability. Secretlab shall not be liable for any unauthorized access to, or any corruption, erasure, theft, destruction, alteration, or inadvertent disclosure of data, information or content transmitted, received, or stored on the Program Account. With respect to passwords, account identifiers and other systems used to control access to your Program Account, it is your responsibility to safeguard such passwords, account identifiers, and other systems used to control access to your account. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE OR DATA FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW PROGRAM ACCOUNT OR THE MATERIALS AND CONTENT THAT WE HAVE PROVIDED TO YOU, OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO BACKEND SERVICE PROVIDER OR ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENTOTHER BASIS, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES MIGHT OCCUROR SUCH DAMAGES WERE REASONABLY FORESEEABLE. OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT OR ARISING OUT OF OR IN NO CASE CONNECTION WITH THE PROGRAM ITEMS SHALL SYMANTEC’S LIABILITY NOT EXCEED THE FEES TOTAL COMMISSIONS PAID OR PAYABLE TO YOU PAID FOR UNDER THIS AGREEMENT IN THE LICENSED SOFTWARE 12 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE CLAIMMOST RECENT CLAIM OF LIABILITY OCCURRED. YOU HEREBY WAIVE ANY RIGHT OR REMEDY IN EQUITY, INCLUDING THE RIGHT TO SEEK SPECIFIC PERFORMANCE, INJUNCTIVE OR OTHER RELIEF IN CONNECTION WITH THIS AGREEMENT OR ANY PROGRAM ITEMS. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY OUR STATUTORY LIABILITIES THAT WE ARE NOT ALLOWED TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY DISCLAIM UNDER THE LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WE AND REGARDLESS ANY OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSEOUR AFFILIATES, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERSDIVISIONS AND RELATED ORGANIZATIONS AS WELL AS OUR AGENTS, SUPPLIERS OR AGENTS AND SERVICE PROVIDERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO YOU THIS AGREEMENT OR THE USE OR THE INABILITY TO USE THE SITE, ANY CONTENT TRANSMITTED BY USERS, OR EXTERNAL LINKS ON THE SITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE. RELEASEES ARE NOT LIABLE FOR (i) ANY COSTS LOSS OR CORRUPTION OF PROCUREMENT OF SUBSTITUTE CONTENT. RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR REPLACEMENT GOODS AND SERVICES, CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES MIGHT OCCURDAMAGES. IN NO CASE RELEASEES ALSO SHALL SYMANTEC’S NOT HAVE ANY LIABILITY EXCEED OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW THE FEES YOU PAID FOR EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE LICENSED SOFTWARE GIVING RISE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. REGARDLESS OF THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS PREVIOUS SENTENCES, IF WE ARE FOUND TO EXCLUDE OR LIMIT SYMANTEC’S BE LIABLE, OUR LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR TO ANY OTHER THIRD PARTY IS LIMITED TO THE LOWEST LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED LIMITATION ALLOWED BY APPLICABLE LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.

Limitation of Liability. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, IF LVT IS FOUND LIABLE FOR LOSS, DAMAGE OR INJURY UNDER ANY LEGAL THEORY DUE TO A FAILURE OF THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW SERVICES, SYSTEM OR HARDWARE IN ANY RESPECT, ITS LIABILITY SHALL BE LIMITED TO A SUM EQUAL TO 5% OF THE ANNUAL SERVICE CHARGE OR $5,000, WHICHEVER IS GREATER, AS AGREED UPON DAMAGES AND REGARDLESS NOT AS A PENALTY. THE PROVISIONS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS THIS SECTION SHALL APPLY NO MATTER HOW THE LOSS, DAMAGE OR INJURY OR OTHER CONSEQUENCE OCCURS, EVEN IF DUE TO LVT’S PERFORMANCE OR NONPERFORMANCE OF ITS ESSENTIAL PURPOSEOBLIGATIONS UNDER THIS AGREEMENT OR FROM NEGLIGENCE, ACTIVE OR OTHERWISE, STRICT LIABILITY, VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER ALLEGED FAULT ON THE PART OF LVT, ITS AGENTS OR EMPLOYEES. NOTHWITHSTANDING THE FOREGOING, THE LIMITATION IN NO EVENT WILL SYMANTEC THIS SECTION SHALL NOT APPLY TO OR IN ANY WAY LIMT THE LIABILITY OR RESPONSIBILITY OF LVT FOR: (I) BREACH OF ITS LICENSORS, RESELLERS, SUPPLIERS CONFIDENTIALITY OR AGENTS BE LIABLE TO YOU FOR SECURITY OBLIGATIONS HEREUNDER; (iII) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIMEITS INDEMNIFICATION OBLIGATIONS HEREUNDER; OR (iiIII) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL ITS GROSS NEGLIGENCE OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY WILLFUL MISCONDUCT. LVT ASSUMES NO LIABILITY FOR DELAYS IN INSTALLATION OF THE HARDWARE OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE CONSEQUENCES THEREFROM, HOWEVER CAUSED, OR FOR INTERRUPTIONS OF SERVICE OR FOR THE CONSEQUENCES THEREFROM DUE TO STRIKES, RIOTS, FLOODS, ACTS OF GOD OR ANY CAUSES BEYOND THE CONTROL OF LVT AND WILL NOT BE REQUIRED TO SUPPLY SERVICE TO THE CLAIM. NOTHING IN THIS AGREEMENT CUSTOMER WHILE INTERRUPTION OF SERVICE DUE TO ANY SUCH CAUSE SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESCONTINUE.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC SHALL NEUROSURGICAL OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS ANY NEUROSURGICAL AFFILIATES BE LIABLE TO YOU LICENSEE OR USERS FOR (i) ANY COSTS SPECIAL, NON-COMPENSATORY, CONSEQUENTIAL, INDIRECT, INCIDENTAL, STATUTORY OR PUNITIVE DAMAGES OF PROCUREMENT OF SUBSTITUTE ANY KIND OR REPLACEMENT GOODS AND SERVICES, LOSS OF FOR ANY LOST PROFITS, LOST SALES, LOST REVENUE OR LOSS OF USE, LOSS REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE ARISING OUT OF OR CORRUPTION IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILLACCESS THE NEUROSURGICAL CONTENT OR UTILIZE THE NEUROSURGICAL SERVICES, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT USE THE SITE, INCLUDING THE INFORMATION, CONTENT, AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENTMATERIALS CONTAINED THEREIN, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS NEUROSURGICAL HAS BEEN ADVISED INFORMED OF OR IS AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES MIGHT OCCURIN ADVANCE. IN NO CASE EVENT SHALL SYMANTECNEUROSURGICAL’S TOTAL AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT, THE NEUROSURGICAL CONTENT, OR NEUROSURGICAL SERVICES EXCEED THE FEES YOU ACTUALLY PAID FOR BY LICENSEE HEREUNDER PRIOR TO THE LICENSED SOFTWARE EVENT GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESA CLAIM AGAINST NEUROSURGICAL.

Limitation of Liability. TO USE OF THE MAXIMUM EXTENT PERMITTED SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY APPLICABLE LAW MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL THE PUBLISHER, VAR OR THEIR RESPECTIVE AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES AND REGARDLESS AGENTS, OR ANY THIRD-PARTY PROVIDER OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSETELECOMMUNICATIONS OR NETWORK SERVICES, IN NO EVENT WILL SYMANTEC SITE SOFTWARE OR ITS LICENSORSSITE CONTENT FOR THE SITE, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO YOU DAMAGES FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE PERSONAL INJURY AND/OR REPLACEMENT GOODS AND SERVICESDEATH, LOSS OF LOST REVENUES OR PROFITS, LOSS OF USE, BUSINESS OR LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING THAT ARE DIRECTLY OR INDIRECTLY OUT RELATED TO YOUR USE OF THIS LICENSE AGREEMENTOR INABILITY TO USE THE SITE, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY. THE TOTAL LIABILITY OF PUBLISHER AND VAR HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SITE. YOU HEREBY RELEASE THE PUBLISHER AND VAR AND THEIR RESPECTIVE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT YOU ACCEPT ALLOW THE LICENSED SOFTWAREEXCLUSION OR LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, CONTENT UPDATES SO THE ABOVE LIMITATIONS OR UPGRADESEXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability. In no event shall GeoTrust or its partners be liable for any default or delay in the performance of its obligations hereunder to the extent and while such default or delay is caused, directly or indirectly, by electronic or communications failures fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions in the United States, strikes, lockouts, or labor difficulties or any other similar cause beyond the reasonable control of GeoTrust. IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF GEOTRUST OR ITS PARTNER TO ANY THIRD PARTY FOR ALL CLAIMS RELATED TO THE MAXIMUM USE OF OR RELIANCE ON THE SOFTWARE OR FOR THE SERVICE INCLUDING WITHOUT LIMITATION ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT OR STRICT LIABILITY EXCEED THE AMOUNTS PAID BY SUBSCRIBER TO GEOTRUST OR PARTNER UNDER THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL GEOTRUST OR ITS PARTNERS BE LIABLE TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, MULTIPLE, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU BUT SHALL BE GIVEN EFFECT TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LESSOR SHALL NOT BE LIABLE TO LESSEE, AND LESSEE COVENANTS THAT IT SHALL NOT ASSERT A CLAIM AGAINST LESSOR, UNDER ANY LEGAL THEORY, WHETHER IN AN ACTION BASED ON A CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE PROVIDED BY APPLICABLE LAW AND REGARDLESS STATUTE OR LAW, (i) FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR STATUTORY DAMAGES, OR ANY DAMAGES RESULTING FROM LOST PROFITS, INTERRUPTION OF WHETHER BUSINESS, OR LOSS OF GOODWILL, EVEN IF XXXXXX HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) FOR DAMAGES RELATED TO OR ARISING OUT OF THIS AGREEMENT IN AN AMOUNT THAT EXCEEDS THE FEES ACTUALLY PAID BY XXXXXX UNDER THIS AGREEMENT. LESSEE HEREBY WAIVES ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE IT OF AN ADEQUATE REMEDY SET FORTH HEREIN FAILS OR CAUSE THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. PARTIES, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) XXXXXX ACKNOWLEDGE AND AGREE THAT ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE WARRANTY DISCLAIMERS AND LIMITATIONS LIMITATION OF LIABILITY PROVISIONS SET FORTH ABOVE WILL APPLY REGARDLESS HAVE BEEN NEGOTIATED AND ARE FUNDAMENTAL ELEMENTS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWAREBASIS OF THIS AGREEMENT. 15. DISPUTE RESOLUTION. This Agreement and any dispute relating to this Agreement shall be governed by and interpreted in accordance within the law and Parties irrevocably agree that the courts within the State of [State] shall have exclusive jurisdiction to settle any dispute which may arise out of, CONTENT UPDATES OR UPGRADESunder, or in connection with the Agreement, regardless of individual party location. Parties irrevocably submit to the exclusive jurisdiction of the federal and state courts located within the State of [State].

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC SOURCEFIRE’S OR ANY OF ITS SUBSIDIARIES’ OR AFFILIATES’ AGGREGATE LIABILITY (INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION AND OTHER CONTRACT OR TORT CLAIMS) ARISING FROM OR RELATED TO THIS AGREEMENT, OR THE USE OF THE PRODUCTS, EXCEED THE AMOUNT OF FEES YOU PAID TO SOURCEFIRE OR ITS LICENSORSRESELLER, RESELLERSAS APPLICABLE, FOR THE PRODUCTS THAT GAVE RISE TO SUCH LIABILITY. UNDER NO CIRCUMSTANCES SHALL SOURCEFIRE OR ANY OF ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS OR AGENTS LICENSORS BE LIABLE FOR ANY OF THE FOLLOWING: (I) THIRD PARTY CLAIMS, EXCEPT AS SET FORTH IN SECTION 13; (II) LOSS OR DAMAGE TO YOU FOR ANY SYSTEMS, RECORDS OR DATA; (iIII) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICESINDIRECT, LOSS OF PROFITSINCIDENTAL, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL PUNITIVE, RELIANCE, OR INDIRECT COVER DAMAGES WHETHER (INCLUDING LOST PROFITS AND LOST SAVINGS); OR (IV) DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENTANY THIRD PARTY PRODUCTS, IN EACH CASE EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS SOURCEFIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES MIGHT OCCURDAMAGES. IN NO CASE SHALL SYMANTEC’S YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR VERIFYING THE SECURITY, ACCURACY AND ADEQUACY OF ANY OUTPUT FROM ANY PRODUCTS, AND FOR ANY RELIANCE THEREON. THE LIMITATIONS OF LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS SECTION 11 ARE INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. THIS CLAUSE SHALL OPERATE SO AS NOT IMPAIR THE U.S. GOVERNMENT’S RIGHT TO EXCLUDE RECOVER FOR FRAUD OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY CRIMES ARISING OUT OF NEGLIGENCE OR FOR RELATED TO THIS CONTRACT UNDER ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAWFEDERAL FRAUD STATUE, INCLUDING THE FALSE CLAIMS ACT, 31 USC 3729-3733. FURTHERMORE, THIS CLAUSE SHALL NOT IMPAIR NOR PREJUDICE THE DISCLAIMERS U.S.GOVERNMENT’S RIGHT TO EXPRESS REMEDIES PROVIDED IN THE GSA GOVERNMENT’S RIGHT TO EXPRESS REMEDIES PROVIDED IN THE GSA SCHDEULE CONTRACT (E.G. CLAUSE 552.238-75-PRICE REDUCTIONS, CLAUSE 52.212-4(H)-PATENT INDEMNIFICATION, AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESGSAR 552.215-72-PRICE ADJUSTMENT-FAILURE TO PROVIDE ACCURATE INFORMATION.

Limitation of Liability. EXCEPT TO THE MAXIMUM EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL KWIKBOOST OR ITS THIRD-PARTY VENDORS AND/OR LICENSORS, AFFILIATES, OR SUBSIDIARIES, BE LIABLE FOR (I) ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF DATA, OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OR INABILITY TO USE THE BRIGHTBOX, SOFTWARE, OR RELATED SERVICES, EVEN IF KWIKBOOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) DAMAGES OR CLAIMS RELATED TO THIS AGREEMENT OR THE BRIGHTBOX, SOFTWARE, OR RELATED SERVICES, EXCEEDING AMOUNTS PAYABLE BY CLIENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM. THE FOREGOING EXCLUSIONS, LIMITATIONS OF LIABILITY AND REMEDIES WILL APPLY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW LAW, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. EACH OF THESE EXCLUSIONS AND REGARDLESS OF LIMITATIONS IS INTENDED TO BE SEPARATELY ENFORCEABLE, WITHOUT REGARD TO THE OTHER EXCLUSIONS AND LIMITATIONS, AND WITHOUT REGARD TO WHETHER ANY OTHER REMEDY SET FORTH HEREIN UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT OR ANY UPDATES OR UPGRADESUPGRADES THERETO.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, ‌ IN NO EVENT WILL SYMANTEC DYE & DURHAM, ITS AFFILIATES, OR ITS LICENSORSANY OF THEIR RESPECTIVE DIRECTORS, RESELLERSOFFICERS, SUPPLIERS EMPLOYEES, AGENTS, CONSULTANTS OR AGENTS REPRESENTATIVES BE LIABLE TO YOU CUSTOMER OR ANY USER FOR (ia) ANY COSTS INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR INDIRECT DAMAGES OF PROCUREMENT ANY NATURE, FOR ANY REASON WHATSOEVER INCLUDING A BREACH OF SUBSTITUTE THIS AGREEMENT OR REPLACEMENT GOODS AND ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, LOSS WHETHER THAT LIABILITY IS ASSERTED ON THE BASIS OF INDEMNITY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF DYE & DURHAM HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES; OR (b) LOST PROFITS, LOSS OF USEBUSINESS, REVENUE, OPPORTUNITIES OR CUSTOMERS; BUSINESS INTERRUPTIONS; LOSS OF OR CORRUPTION DAMAGE TO DATA, BUSINESS INTERRUPTION, ; COST OF REPLACEMENT PRODUCTS OR SERVICES; LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTECEVENT WILL DYE & DURHAM’S AND ITS AFFILIATES’ TOTAL CUMULATIVE LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN UNDER THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY DYE & DURHAM UNDER THIS AGREEMENT DURING THE CALENDAR YEAR IN WHICH CUSTOMER MAKES ITS FIRST CLAIM FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESDAMAGES.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (iI) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL,LOSSOFCONTRACTS,LOSSOFGOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIALMANAGEMENTANDSTAFFTIME;OR(ii)ANYSPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED LIABILITYWHICHCANNOTBEEXCLUDEDORLIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED NOT PROHIBITED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSELAW, IN NO EVENT WILL SYMANTEC SHALL APPLE, ITS AFFILIATES, AGENTS OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS PRINCIPALS BE LIABLE TO YOU FOR (i) PERSONAL INJURY, OR ANY COSTS OF PROCUREMENT OF SUBSTITUTE INCIDENTAL, SPECIAL, INDIRECT OR REPLACEMENT GOODS AND SERVICESCONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF USEDATA, LOSS FAILURE TO TRANSMIT OR RECEIVE ANY DATA (INCLUDING WITHOUT LIMITATION COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR CORRUPTION RELATED TO DATAYOUR USE OR INABILITY TO USE THE watchOS SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE, BUSINESS INTERRUPTIONAPPLICATIONS OR SERVICES IN CONJUNCTION WITH THE watchOS SOFTWARE OR SERVICES, LOSS HOWEVER CAUSED, REGARDLESS OF PRODUCTIONTHE THEORY OF LIABILITY (CONTRACT, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, TORT OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT OTHERWISE) AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES MIGHT OCCURDAMAGES. IN NO CASE SHALL SYMANTEC’S SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO THE CLAIMYOU. NOTHING In no event shall Apple’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred and fifty dollars (U.S.$250.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. NOTWITHSTANDING ANY OTHER TERMS IN THIS AGREEMENT LICENSE, IF THE CONSUMER CONTRACT ACT OF JAPAN APPLIES, TERMS WHICH LIMIT APPLE'S LIABILITY FOR DAMAGES ARISING FROM BREACH OF THE CONTRACT OR TORT COMMITTED BY APPLE SHALL OPERATE SO AS NOT APPLY IF SUCH DAMAGE IS DUE TO EXCLUDE APPLE'S INTENTIONAL MISCONDUCT OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESGROSS NEGLIGENCE.

Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND SE OF THE WEBSITE AND PLATFORM REMAINS WITH YOU. SHOPANDSHOUT, ITS PARENT COMPANY, AND THEIR AFFILIATES AND SUBSIDIARIES SHALL NOT BE LIABLE TO YOU IN ANY WAY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE LOSSES (EVEN IF SHOPANDSHOUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE OR ACCESS THE PLATFORM OR ANY PART OF THE SERVICES (INCLUDING, BUT NOT LIMITED TO, IN THE EVENT OF ANY FORCE MAJEURE, SUCH AS LOSS OF TELECOMMUNICATIONS, ETC.); (B) THE COST OF PROCUREMENT OF A SUBSTITUTE GOODS AND REGARDLESS SERVICES RESULTING FROM ANY FOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM; (C) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION; (D) ANY PRICE CHANGE, SUSPENSION OR TERMINATION OF THE PLATFORM AND YOUR ACCESS TO IT, WHETHER IN WHOLE OR IN PART; (E) ANY REMEDY LOSS OF YOUR INFORMATION; (F) ANY MODIFICATION TO THE PLATFORM OR THE SERVICES AS A WHOLE; OR (G) ANY OTHER MATTER RELATING TO YOUR USE OF THE PLATFORM. PARTIES ENGAGING IN SHOUTOUT CAMPAIGNS AND BRANDS ENGAGING YOUR SERVICES THROUGH THE PLATFORM ARE INDEPENDENT ORGANIZATIONS AND NOT CONTRACTORS, AGENTS OR EMPLOYEES OF SHOPANDSHOUT. SHOPANDSHOUT IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY BUSINESS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER RELATED TO ANY PRODUCTS OR SERVICES THAT YOU MAY RECEIVE AS PART OF A SHOUTOUT CAMPAIGN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH HEREIN FAILS ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF ITS ESSENTIAL PURPOSETHE PLATFORM OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PLATFORM. TO THE EXTENT THE FOREGOING LIMITATION DOES NOT APPLY, OR IN THE EVENT THIS PROVISION IS HELD TO BE UNENFORCEABLE, IN WHOLE OR IN PART, BY A COURT OF COMPETENT JURISDICTION, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SYMANTEC THE TOTAL AGGREGATE LIABILITY ON THE PART OF SHOPANDSHOUT UNDER THIS AGREEMENT (INCLUDING FOR BREACH OF ANY PROVISION HEREOF, FUNDAMENTAL BREACH OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE OTHER BREACH GIVING RISE TO THE CLAIM. NOTHING IN LIABILITY OR ARISING OUR OF OR RELATED TO THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR THE PLATFORM IN ANY OTHER WAY), FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS CAUSE OF ACTION WHATSOEVER AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER THE FORM OF ACTION (INCLUDING BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY), EXCEED TEN CANADIAN DOLLARS ($10), OR THE EQUIVALENT IN LOCAL CURRENCY. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT YOU ACCEPT INCREASE THE LICENSED SOFTWAREMAXIMUM LIABILITY AMOUNT. ANNOUNCEMENT/PUBLICITY We may, CONTENT UPDATES OR UPGRADESupon you entering into this Agreement, display your name and such other information as we may determine, in our sole discretion, on the Website and in our customer lists. In addition, you agree to provide us a reasonable number of reference calls as requested by us, subject to reasonable advance notice provided to you by us. FORCE MAJEURE Neither party shall be held responsible for any delay or failure in performance under this Agreement to the extent such delay or failure is caused by fire, flood, strike, civil, governmental or military authority, act of God, inability to obtain delivery of parts, supplies, labour conditions, earthquakes, acts of terrorism or war, Internet or telecommunications failure or any other cause beyond its control and without the fault or negligence of the delayed or nonperforming party. In the event that a force majeure event affecting a party continues for a period of longer than thirty (30) days, we may, at its option, be entitled to terminate this Agreement as of the date specified in written notice to you to that effect.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED NOT PROHIBITED BY LAW, IN NO EVENT SHALL SOLUTION PROVIDER, STREEBO AND ITS AFFILIATES, RESELLERS, DISTRIBUTORS AND LICENSORS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR: (A) ANY LOSS OF PROFIT, LOSS OF USE DAMAGES, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF SALES, LOSS OF REPUTATION, LOSS OF ANTICIPATED SAVINGS, OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOLUTION; (B) ANY LOSS OR INACCURACY OF DATA OR BUSINESS INFORMATION OR FAILURE OR INADEQUACY OF ANY SECURITY SYSTEM OR FEATURE; (C) PERSONAL INJURY; AND (D) SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED; IN EACH CASE EVEN IF SOLUTION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE SOLUTION PROVIDER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY IN CASES INVOLVING PERSONAL INJURY) EXCEED FEES RECEIVED BY THE SOLUTION PROVIDER IN THE PREVIOUS ONE CALENDAR YEAR. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC . YOU AGREE NOT TO BRING ANY SUIT OR ACTION AGAINST THE SOLUTION PROVIDER AND/OR ITS LICENSORSSUBSIDIARIES AND AFFILIATES, RESELLERSXXXXXXX’S LICENSORS AND/OR ANY OF THEIR RESPECTIVE DIRECTORS, SUPPLIERS OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. REASON WHATSOEVER MORE THAN ONE YEAR AFTER THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS CAUSE OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESACTION ARISES.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN UNDER NO EVENT CIRCUMSTANCES WILL SYMANTEC DELL OR ITS LICENSORSSUBCONTRACTORS BE LIABLE FOR ANY OF THE FOLLOWING; 1) THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES; 2) SPECIAL, RESELLERSPUNITIVE, SUPPLIERS INDIRECT, INCIDENTAL OR AGENTS CONSEQUENTIAL DAMAGES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO PRODUCTS OR SYSTEMS BEING UNAVAILABLE FOR USE, LOST PROFITS OR SAVINGS OR LOST OR CORRUPTED DATA OR SOFTWARE, OR FOR ANY DAMAGES FOR PERSONAL INJURY, OR DEATH, WHETHER DIRECT, INDIRECT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, OR ARISING OUT OF THE RESULTS OR OPERATION OF ANY SYSTEM RESULTING FROM IMPLEMENTATION OF ANY RECOMMENDED PLAN OR DESIGN, EVEN IF DELL OR ITS SUBCONTRACTORS HAVE BEEN ADVISED OF THE POSSIBLITY OF THE DAMAGE. UNDER NO CIRCUMSTANCES WILL DELL BE LIABLE TO YOU FOR ANY AMOUNT IN EXCESS OF THE GOLD SUPPORT SERVICES FEES ACTUALLY RECEIVED BY DELL UNDER THE APPLICABLE SERVICE DESCRIPTION FOR THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT DELL IS NOTIFIED BY YOU OF ANY CLAIM OF LIABILITY. THIS LIMITATION OF LIABILITY APPLIES TO ALL TYPES OF LEGAL THEORIES, INCLUDING CONTRACT, TORT (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICESINCLUDING NEGLIGENCE), LOSS OF PROFITSPROFESSIONAL LIABILITY, LOSS OF USEPRODUCT LIABILITY, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILLWARRANTY, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT ANYTHING ELSE. THIS LIMIT ALSO APPLIES TO ANY DELL SUBCONTRACTOR. IT IS THE MAXIMUM AMOUNT FOR WHICH DELL AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESSUBCONTRACTORS ARE RESPONSIBLE.

Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL LICENSOR BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE INSTALLATION, USE, OR INABILITY TO USE SECUREDELTA (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS, DISRUPTION OF BUSINESS, LOSS OF PROFITS, OR ANY OTHER MATTER RELATING TO YOUR USE OR INABILITY TO USE SECUREDELTA or RELATED AGERSOFTWARE SOFTWARE PRODUCTS) OR RELATED IN ANY WAY TO THIS AGREEMENT OR THE SUBJECT THEREOF, WHETHER ARISING UNDER THEORIES OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER THEORY, REGARDLESS WHETHER LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS XXXX SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER LAW, EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, . NO OBLIGATION OR LIABILITY SHALL ARISE FROM LICENSOR’S RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF CONNECTION WITH THIS LICENSE AGREEMENT, EVEN IF SYMANTEC INCLUDING, WITHOUT LIMITATION, ADVICE OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE SERVICE RELATED TO THE CLAIMINSTALLATION OR CONFIGURATION OF SECUREDELTA. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESSome states and jurisdictions do not allow exclusion or limitation of liability for consequential or incidental DAMAGES and so the above limits and exclusions may not entirely apply to licensee or may be limited by law.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, 9.1 IN NO EVENT WILL SYMANTEC SHALL THE LICENSOR OR ITS LICENSORSAGENTS, RESELLERSCONSULTANTS, CONTRACTORS OR SUPPLIERS BE RESPONSIBLE OR AGENTS BE LIABLE LIABLE, WHETHER IN CONTRACT, TORT, WARRANTY OR UNDER ANY STATUTE (INCLUDING WITHOUT LIMITATION ANY TRADE PRACTICE, UNFAIR COMPETITION OR OTHER STATUTE OF SIMILAR IMPORT) OR ON ANY OTHER BASIS FOR SPECIAL, INDIRECT, INCIDENTAL, MULTIPLE, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE POSSESSION OR USE OF, OR THE INABILITY TO YOU FOR (i) ANY COSTS USE, THE SOFTWARE OR DOCUMENTATION, EVEN IF AB SCIEX IS ADVISED IN ADVANCE OF PROCUREMENT THE POSSIBILITY OF SUBSTITUTE SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, RELATED TO LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTIONDOWNTIME, OR FOR LOSS OF PRODUCTIONREVENUE, LOSS PROFITS, GOODWILL OR BUSINESS OR OTHER FINANCIAL LOSS. IN ANY CASE, THE ENTIRE LIABILITY OF REVENUESAB SCIEX AND ITS AGENTS, LOSS OF CONTRACTSCONSULTANTS, LOSS OF GOODWILLCONTRACTORS AND SUPPLIERS UNDER THIS LICENSE, OR ANTICIPATED SAVINGS ARISING OUT OF THE USE OF THE SOFTWARE, SHALL NOT EXCEED IN THE AGGREGATE THE PURCHASE PRICE OF THE LICENSE OR WASTED MANAGEMENT AND STAFF TIME; LICENSES TO THE SOFTWARE. SOME STATES, COUNTRIES OR (ii) JURISDICTIONS LIMIT THE SCOPE OF OR PRECLUDE LIMITATIONS OR EXCLUSION OF REMEDIES OR DAMAGES, OR OF LIABILITY, SUCH AS LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AS OR TO THE EXTENT SET FORTH ABOVE, OR DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED. IN SUCH STATES, COUNTRIES OR JURISDICTIONS, THE LIMITATION OR EXCLUSION OF WARRANTIES, REMEDIES, DAMAGES OR LIABILITY SET FORTH ABOVE MAY NOT APPLY TO YOU. HOWEVER, ALTHOUGH THEY SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW, THEY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY STATE, COUNTRY OR OTHER JURISDICTION. THE LICENSOR MAKES NO OTHER WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR DOCUMENTATION, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY OR THAT THE SOFTWARE OR DOCUMENTATION IS NON-INFRINGING. ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE LICENSOR MAKES NO WARRANTIES THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR WILL CONFORM EXACTLY TO THE DOCUMENTATION, OR THAT THE LICENSOR WILL CORRECT ALL PROGRAM ERRORS. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL THE LICENSOR BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT CONSEQUENTIAL DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENTTHE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SYMANTEC SUCH HOLDER OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESDAMAGES.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS EXCEPT FOR A BREACH OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSESECTION 4 (CONFIDENTIALITY), NOTWITHSTANDING ANYTHING ELSE IN NO EVENT THIS AGREEMENT OR OTHERWISE, NEITHER PARTY WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU THE OTHER WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE PARTIES ACKNOWLEDGE THAT THE HYDROGEL LAMINATE ITSELF IS NOT A MEDICAL DEVICE. THE PARTIES FURTHER ACKNOWLEDGE THAT THE HYDROGEL LAMINATE WILL BE USED, PROCESSED OR INCORPORATED INTO OTHER GOODS BY CYGNUS AND ITS AFFILIATES WHICH ARE MEDICAL DEVICES, WHICH MEDICAL DEVICES WILL BE SUBJECT TO REGULATION BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION (i) FDA). HDS SHALL NOT BE LIABLE TO CYGNUS, ITS AFFILIATES, OR ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF THIRD PARTIES FOR ANY USE, LOSS PROCESS, APPLICATION OR INCORPORATION INTO OTHER GOODS OF THE HYDROGEL LAMINATE AFTER IT HAS BEEN ACCEPTED BY CYGNUS OR CORRUPTION ITS AFFILIATES PURSUANT TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT THE PROVISIONS OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC WITH THE EXCEPTION OF THE PROVISIONS SET FORTH IN SECTIONS 3(c) AND 5(a)-(d) OF THIS AGREEMENT. HDS SHALL NOT BE LIABLE FOR ANY LIABILITY WHATSOEVER RELATED TO THE ENFORCEMENT OF FDA REGULATIONS CONCERNING THE HYDROGEL LAMINATE AFTER ACCEPTANCE BY CYGNUS OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAWAFFILIATES. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS FOREGOING PARAGRAPH IS A SEPARATE ESSENTIAL PROVISION OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESTHIS AGREEMENT.

Limitation of Liability. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, BUT SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW AND REGARDLESS LAW, WITH RESPECT TO ANY SUBJECT MATTER OF WHETHER THIS AGREEMENT OR UNDER ANY REMEDY SET FORTH HEREIN FAILS TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHER LEGAL OR EQUITABLE THEORY, (A) NEITHER RIVERBED NOR ANY OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC AFFILIATES OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE IS LIABLE TO YOU FOR (iI) ANY COSTS INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, CONTRACTS, BUSINESS, REVENUES, GOODWILL OR REPUTATION, (II) COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR REPLACEMENT GOODS AND SERVICES, OR (III) LOSS OR CORRUPTION OF PROFITSDATA, LOSS INTERRUPTION OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR ANTICIPATED SAVINGS MALFUNCTION, OR WASTED MANAGEMENT DAMAGES RESULTING FROM LICENSEE'S USE OF ANY PRODUCT, AND STAFF TIME; OR (iiB) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT THE AGGREGATE LIABILITY OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR RIVERBED AND ITS LICENSORS, RESELLERS, AFFILIATES AND SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY WILL NOT EXCEED THE AGGREGATE FEES YOU PAID RECEIVED BY RIVERBED FOR THE LICENSED SOFTWARE GIVING APPLICABLE PRODUCT OR SERVICE THAT GAVE RISE TO THE CLAIM. NOTHING THE FOREGOING LIMITATION IS CUMULATIVE, WITH ALL CLAIMS BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF RIVERBED IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE PRODUCTS ARE NOT DESIGNED FOR USE IN ANY DEVICE OR SYSTEM IN WHICH A MALFUNCTION OF THE PRODUCT WOULD RESULT IN FORESEEABLE RISK OF INJURY OR DEATH TO ANY PERSON. THIS AGREEMENT SHALL OPERATE SO AS INCLUDES OPERATION OF NUCLEAR FACILITIES, LIFE-SUPPORT SYSTEMS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS AND AIR TRAFFIC CONTROL. NEITHER RIVERBED NOR ANY OF ITS AFFILIATES IS LIABLE FOR ANY FAILURE OR DELAY DUE TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE MATTERS BEYOND ITS REASONABLE CONTROL OR FOR ANY OTHER ALLOCATION OF PRODUCTS BETWEEN ITS CUSTOMERS IN THE EVENT OF A SHORTAGE. THIS SECTION 7 DOES NOT LIMIT LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS FOR BODILY INJURY OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESA PERSON.

Limitation of Liability. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION APPLY TO ANY ACTS, OMISSIONS AND NEGLIGENCE OF BTC COMMUNICATIONS AND ITS THIRD-PARTY SERVICE PROVIDERS, AGENTS AND SUPPLIERS (AND EACH OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES). UNDER NO CIRCUMSTANCES SHALL BTC COMMUNICATIONS BE LIABLE TO CUSTOMER FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE MAXIMUM EXTENT PERMITTED SERVICE OR ANY ACTS OR OMISSIONS ASSOCIATED THEREWITH, INCLUDING ANY ACTS OR OMISSIONS BY APPLICABLE LAW THIRD-PARTY SERVICE PROVIDERS, AGENTS OR SUBCONTRACTORS OF BTC COMMUNICATIONS, OR RELATING TO ANY SERVICES FURNISHED, WHETHER SUCH CLAIM IS BASED ON BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF THE CAUSES OF SUCH LOSS OR DAMAGES OR WHETHER ANY OTHER REMEDY SET FORTH PROVIDED HEREIN FAILS FAILS. BTC COMMUNICATIONS’ ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ITS ESSENTIAL PURPOSETHE SERVICES OR ANY BREACH BY BTC COMMUNICATIONS OF ANY OBLIGATION BTC COMMUNICATIONS MAY HAVE UNDER THESE TERMS OF SERVICE OR APPLICABLE LAW, SHALL BE CUSTOMER’S ABILITY TO TERMINATE THE SERVICE OR TO OBTAIN THE REPLACEMENT OR REPAIR OF ANY DEFECTIVE EQUIPMENT PROVIDED BY BTC COMMUNICATIONS. IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S BTC COMMUNICATIONS’ LIABILITY TO YOU CUSTOMER FOR DEATH OR PERSONAL INJURY ANY CLAIM ARISING OUT OF NEGLIGENCE THESE GENERAL TERMS EXCEED THE AMOUNT PAID BY CUSTOMER DURING THE PRECEDING THIRTY (30) DAY PERIOD. SUBSCRIBER ALSO AGREES THAT IT SHALL NOT BE PERMITTED TO BRING ANY CLAIM WHATSOEVER AGAINST BTC COMMUNICATIONS THAT RESULTS IN WHOLE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAWIN PART FROM SUBSCRIBER’S FAILURE TO COMPLY WITH THESE GENERAL TERMS. THIS SECTION SHALL SURVIVE THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS TERMINATION OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESTHESE GENERAL TERMS.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC INTEL OR ITS LICENSORSAFFILIATES, RESELLERSLICENSORS OR SUPPLIERS (INCLUDING THEIR RESPECTIVE DIRECTORS, SUPPLIERS OR AGENTS OFFICERS, EMPLOYEES, AND AGENTS) BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICESINCLUDING, LOSS OF WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (iiLOST DATA) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN RELATION TO THIS LICENSE AGREEMENT, INCLUDING THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES MIGHT OCCURDAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED PART NOT APPLY TO YOU. YOU ARE RESPONSIBLE FOR DETERMINING IF THIS PRODUCT MEETS THE FEES YOU PAID REQUIREMENTS OF YOUR INTENDED USE. THE SOFTWARE LICENSED AND CLOUD SERVICES PROVIDED HEREUNDER ARE NOT DESIGNED OR INTENDED FOR CLINICAL APPLICATIONS OR USE IN ANY APPLICATION IN WHICH THE LICENSED FAILURE OF THE SOFTWARE GIVING RISE OR CLOUD SERVICES COULD LEAD TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY OR DEATH. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE LIMITED REMEDIES, WARRANTY DISCLAIMER AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTEL AND YOU. YOU ACKNOWLEDGE INTEL WOULD BE UNABLE TO PROVIDE THE SOFTWARE OR CLOUD SERVICES WITHOUT SUCH LIMITATIONS. YOU WILL INDEMNIFY AND HOLD INTEL AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) HARMLESS AGAINST ALL CLAIMS, LIABILITIES, LOSSES, COSTS, DAMAGES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES), ARISING OUT OF, DIRECTLY OR INDIRECTLY, THE DISTRIBUTION OF NEGLIGENCE THE SOFTWARE OR FOR USE OF THE CLOUD SERVICES AND ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED CLAIM OF PRODUCT LIABILITY, PERSONAL INJURY OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER DEATH ASSOCIATED WITH ANY DISTRIBUTION OR NOT YOU ACCEPT THE LICENSED SOFTWAREUNINTENDED USE, CONTENT UPDATES OR UPGRADES.EVEN IF SUCH CLAIM

Limitation of Liability. REFRACTRON'S LIABILITY FOR ANY CLAIMS, DAMAGES, LOSSES OR LIABILITIES ARISING OUT OF OR RELATING TO ITS PERFORMANCE OF AN ORDER MADE HEREUNDER SHALL NOT EXCEED THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS PURCHASE PRICE OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, THE GOODS SOLD PER SUCH ORDER. IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS SHALL REFRACTRON BE LIABLE TO YOU BUYER OR BUYER'S AFFILIATES, EMPLOYEES, REPRESENTATIVES, BUYERS OR AGENTS, OR TO ANYONE PRESENTING CLAIMS THROUGH BUYER, FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE INDIRECT, SPECIAL, INCIDENTAL OR REPLACEMENT GOODS AND SERVICESCONSEQUENTIAL DAMAGES, LOSS OF INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOSS OF USEREPUTATION OR LABOR COSTS, LOSS RESULTING FROM THE USE OR INABILITY TO USE THE GOODS, FROM THE GOODS' INCORPORATION INTO OR BECOMING A COMPONENT OF OR CORRUPTION TO DATAANOTHER PRODUCT, BUSINESS INTERRUPTIONFROM ANY BREACH OF THIS AGREEMENT, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILLFROM ANY DELAY IN DELIVERY, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED BREACH, FAILURE OR LIMITED OMISSION BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REFRACTRON, REGARDLESS OF THE CAUSE OR NATURE OF SUCH DELAY, BREACH, FAILURE OR OMISSION OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER BASED ON WARRANTY (EXPRESSED OR NOT YOU ACCEPT IMPLIED), CONTRACT, TORT (INCLUDING STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY AND REGARDLESS OF ANY ADVICE OR REPRESENTATION THAT MAY HAVE BEEN RENDERED BY REFRACTRON REGARDING THE LICENSED SOFTWARE, CONTENT UPDATES GOODS OR UPGRADESREFRACTRON'S PERFORMANCE HEREUNDER.

Limitation of Liability. In the event of any error, omission or failure by Asurion or TracFone with respect to the Program or the services provided by Asurion or TracFone hereunder, ASURION’S AND TRACFONE’S RESPONSIBILITY AND LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED CHARGES ACTUALLY PAID BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR THE PROGRAM (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN BUT NO CASE SHALL SYMANTEC’S LIABILITY EXCEED MORE THAN THE FEES LAST 24 MONTHLY CHARGES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE PROGRAM). THIS IS YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR FAILURE OF ASURION OR TRACFONE TO PERFORM. FURTHER, UNDER NO CIRCUMSTANCES SHALL ASURION OR TRACFONE BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF ASURION OR TRACFONE HAVE BEEN ADVISED OF OR HAVE FORESEEN THE CLAIMPOSSIBILITY OF SUCH DAMAGES), ARISING FROM THE PROGRAM OR ASURION OR TRACFONE PERFORMANCE UNDER THE PROGRAM, OR UNDER ANY PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. NOTHING EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT SHALL OPERATE SO AS CONTRACT, WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROGRAM AND SERVICES TO EXCLUDE BE PROVIDED HEREUNDER BY ASURION AND TRACFONE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY OR LIMIT SYMANTEC’S LIABILITY TO YOU FITNESS FOR DEATH A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERSONAL INJURY ARISING OUT COURSE OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAWPERFORMANCE. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWAREInsurance Securing this Contract: This Contract is not an insurance policy. Under this contract, CONTENT UPDATES OR UPGRADESAsurion’s obligations to purchasers in Alabama, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Illinois, Indiana, Kentucky, Maine, Massachusetts, Minnesota, Missouri, Montana, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, South Carolina, Texas, Utah, Vermont, Virginia, Washington, Wisconsin, or Wyoming are insured under an insurance policy issued by Continental Casualty Company, 000 X. Xxxxxx Avenue, Chicago, Illinois 60604. If We fail to act on Your claim within sixty (60) days or if we become insolvent or otherwise financially impaired, You may contact Continental Casualty Company directly at 0-000-000-0000.

Limitation of Liability. EXCEPT WITH RESPECT TO DEATH OR PERSONAL INJURY DUE TO THE NEGLIGENCE OF HEALTH GORILLA, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL HEALTH GORILLA OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, THIRD PARTY SUPPLIERS AND PROVIDERS AND MEMBERS OF ITS NETWORK, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "HEALTH GORILLA") BE LIABLE TO DEVELOPER OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF HEALTH GORILLA SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, AND REGARDLESS OF THE FORM OF ACTION (WHETHER ANY REMEDY SET FORTH HEREIN FAILS IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF ITS ESSENTIAL PURPOSE, HEALTH GORILLA TO DEVELOPER ARISING IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN CONNECTION WITH THIS AGREEMENT SHALL OPERATE BE LIMITED TO $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAWTHIS LIMITATION AND EXCLUSION MAY NOT APPLY. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWAREDeveloper agrees that Health Gorilla has made the APIs available and entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, CONTENT UPDATES OR UPGRADESthat they reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that they form an essential basis of the bargain between the parties.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW LAW, NEITHER STEADYSTACK NOR ITS SERVICE PROVIDERS, INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE STEADYSTACK NFTS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE STEADYSTACK NFTS OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ANY STEADYSTACK NFT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND REGARDLESS WHETHER OR NOT STEADYSTACK OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF WHETHER ANY THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN FAILS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTECSTEADYSTACK’S TOTAL LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR IN CONNECTION WITH THESE TERMS OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED STEADYSTACK NFT OR LIMITED BY LAWACCESS THE STEADYSTACK ART EXCEED $100. THE DISCLAIMERS EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE WILL APPLY REGARDLESS ARE FUNDAMENTAL ELEMENTS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWAREBASIS OF THE BARGAIN BETWEEN STEADYSTACK AND HOLDER. GOVERNING LAW AND FORUM CHOICE This Agreement and any action related thereto will be governed by the laws of the British Virgin Islands, CONTENT UPDATES OR UPGRADESwithout regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 14 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that Holder and SteadyStack are not required to arbitrate will be the courts located in the British Virgin Islands, and Holder and SteadyStack each waive any objection to jurisdiction and venue in such courts.

Limitation of Liability. COMTRONIC’s entire liability and LICENSEE’s exclusive remedy under the above-described limited warranty are as follows: During the ninety (90) day limited warranty period, COMTRONIC, at its option, will either repair at no charge or replace the Comtronic Software to make it operate as warranted. Refunds are governed by the COMTRONIC REFUND POLICY as stated on the COMTRONIC website xxxxxxxxx.xxx. THE WARRANTIES, OBLIGATIONS, AND LIABILITIES OF COMTRONIC AND THE RIGHTS, CLAIMS, AND REMEDIES OF LICENSEE SPECIFICALLY SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. NO OTHER WARRANTIES, OBLIGATIONS OR LIABILITIES ARE GIVEN OR MAY BE IMPLIED BY LAW OR OTHERWISE, WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER SOFTWARE, OR OTHER TANGIBLE OR INTANGIBLE ITEMS OR SERVICES PROVIDED UNDER THIS AGREEMENT. COMTRONIC SHALL NOT UNDER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS CIRCUMSTANCES BE LIABLE TO YOU LICENSEE OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF REVENUE, PROFIT, OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS AND THE LIKE), WHETHER BASED UPON A CLAIM OR ACTION OF PRODUCTIONCONTRACT WARRANTY, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILLINDEMNITY OR CONTRIBUTION, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIALOTHERWISE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, THE SOFTWARE TO BE LICENSED THEREUNDER, AND/OR THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS COMTRONIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF SUCH DAMAGES MIGHT OCCURARE CAUSED IN WHOLE OR IN PART BY THE SOFTWARE OR THE ACTS OR OMISSIONS OF COMTRONIC. IN NO CASE EVENT SHALL SYMANTEC’S THE LIABILITY OF COMTRONIC IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM OR ACTION, EXCEED THE LICENSE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE BY LICENSEE TO THE CLAIM. NOTHING IN COMTRONIC UNDER THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESAGREEMENT.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT OF GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSEa. Anue's liability under or for breach of the limited warranty in Section 5 shall be limited to refund of the purchase price actually paid by the Licensee to Anue for the Anue Product and/or Product Software, as the case may be. IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS SHALL ANUE BE LIABLE TO YOU FOR (i) ANY LOST PROFITS, LOST BUSINESS OPPORTUNITIES OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY ANYONE OR REPLACEMENT GOODS AND SERVICESFOR ANY INDIRECT, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, REPUDIATION OF CONTRACT, NEGLIGENCE OR OTHERWISE, AND WHETHER OR NOT ANUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ANUE’S LIABILITY ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC THE APPLICABLE TERMS AND CONDITIONS, OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY OTHERWISE EXCEED THE FEES YOU MONEY PAID TO ANUE FOR THE LICENSED SOFTWARE ANUE PRODUCTS GIVING RISE TO THE LIABILITY UNDER THIS AGREEMENT OR ANY OTHER AGREEMENT DURING THE ONE (1) YEAR PERIOD PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM. NOTHING THE FOREGOING CAP SHALL BE CUMULATIVE WITH, NOT IN THIS AGREEMENT ADDITION TO, ANY CAP PROVIDED IN THE APPLICABLE TERMS AND CONDITIONS. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. IN NO EVENT SHALL OPERATE SO AS ANUE BE LIABLE TO EXCLUDE LICENSEE (OR LIMIT SYMANTECTO ANY OF ITS CUSTOMERS) OR ANY OTHER ENTITY FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY ANYONE OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, REPUDIATION OF CONTRACT, NEGLIGENCE OR OTHERWISE, AND WHETHER OR NOT ANUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ANUE’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE THIS AGREEMENT OR OTHERWISE EXCEED THE MONEY PAID TO ANUE FOR THE ANUE PRODUCTS AND/OR THE PRODUCT SOFTWARE GIVING RISE TO THE LIABILITY UNDER THIS AGREEMENT OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAWAGREEMENT DURING THE ONE (1) YEAR PERIOD PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWAREThe essential purpose of this provision is to limit the potential liability of Anue arising out of the sale and licensing of products to Licensee whether for breach of contract, CONTENT UPDATES OR UPGRADESnegligence, or otherwise. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

Limitation of Liability. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW CONTRARY, AND REGARDLESS OF THE FORM OF CLAIM, INCLUDING BUT NOT LIMITED TO WHETHER ANY REMEDY SET FORTH HEREIN FAILS IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE) OR WHETHER FROM BREACH OF ITS ESSENTIAL PURPOSETHIS AGREEMENT, IN NO EVENT WILL SYMANTEC VIPRE OR ANY OF ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS AFFILIATES BE LIABLE TO YOU FOR (i) ANY COSTS INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF PROCUREMENT OF SUBSTITUTE ANY PERSON OR REPLACEMENT GOODS AND SERVICES, FOR LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF USEDATA, LOST SAVINGS OR OTHER ECONOMIC LOSS OF OR CORRUPTION TO DATAANY PERSON, BUSINESS INTERRUPTION, LOSS IRRESPECTIVE OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS VIPRE HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES MIGHT OCCURDAMAGE. CUSTOMER FURTHER AGREES THAT UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE LIABILITY OF VIPRE UNDER THIS AGREEMENT TO CUSTOMER OR ANY OTHER PERSON EXCEED THE SUM EQUAL TO TWELVE MONTHS OF THE FEES PAID BY CUSTOMER TO VIPRE UNDER THIS AGREEMENT. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIMTHIS CLAUSE, “VIPRE” INCLUDES VIPRE AND ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS, SUCCESSORS, PERMITTED ASSIGNS AND RELATED PERSONS. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIMITS ANY LIABILITY TO YOU FOR (A) DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE CAUSED BY NEGLIGECE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED (B) FRAUD OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESFRAUDULENT MISREPRESENTATION.

Limitation of Liability. See Schedule A for a modified version of this Section 6 for Licensed Products licensed and used in Germany, Austria or Switzerland. The warranty and indemnification provisions of Sections 4 and 5 hereof state the entire liability of PTC, its subsidiaries and affiliates, and each of their respective directors, officers, employees or agents, with respect to the Licensed Products and Services, including (without limitation) any liability for breach of warranty, or for infringement or alleged infringement of patent, copyrights, trademarks, trade secrets and other intellectual or proprietary rights by the Licensed Products, or their use. EXCEPT FOR PTC’S INDEMNIFICATION OBLIGATIONS IDENTIFIED IN SECTION 5.1 ABOVE, THE MAXIMUM LIABILITY OF PTC AND ITS LICENSORS ARISING OUT OF, OR RELATING TO, THE CREATION, LICENSE, FUNCTIONING, USE OR SUPPLY OF THE LICENSED PRODUCTS OR THE PROVISION OF SERVICES OR OTHERWISE RELATING TO THIS AGREEMENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED TO THE MAXIMUM EXTENT PERMITTED LESSER OF THE FEES PAID BY APPLICABLE LAW AND REGARDLESS CUSTOMER FOR THE LICENSED PRODUCTS OR SERVICES THAT GAVE RISE TO THE CLAIM OR PTC’S LIST PRICE FOR SUCH LICENSED PRODUCTS OR SERVICES AT THE TIME OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, THE ORDER THEREFOR. IN NO EVENT WILL SYMANTEC OR SHALL PTC, ITS LICENSORS, RESELLERSITS AFFILIATES (INCLUDING ITS SUBSIDIARY COMPANIES), SUPPLIERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR FOR: (iA) ANY COSTS LOSS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICESPROFIT, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTSUSE DAMAGES, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF SALES, LOSS OF REPUTATION OR LOSS OF ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIMESAVINGS; OR (iiB) ANY LOSS OR INACCURACY OF DATA OR BUSINESS INFORMATION OR FAILURE OR INADEQUACY OF ANY SECURITY SYSTEM OR FEATURE; AND (C) SPECIAL, CONSEQUENTIALINCIDENTAL, INCIDENTAL INDIRECT, PUNITIVE OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY CONSEQUENTIAL LOSS OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, DAMAGE HOWSOEVER CAUSED; IN EACH CASE EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS PTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES MIGHT OCCURDAMAGES. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIMCustomer agrees not to bring any suit or action against PTC, and/or its subsidiaries and affiliates, and/or any of their respective directors, officers, employees or agents for any reason whatsoever more than one year after the cause of action arises. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAWCustomer recognizes that fees paid by Customer for the Licensed Products and Services are based in part on the disclaimer of warranty and limitation of liability provisions set forth herein and that, in the absence of Customer’s agreement to such terms, the charges for the Licensed Products would be significantly higher. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESThe limitations and exclusions set forth in this Section 6 shall not apply to any claim in respect of death or personal injury.

Limitation of Liability. AAFCA, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OWNERS, AND DIRECTORS (THE "AAFCA PARTIES") WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF BUSINESS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF AAFCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN RELATION TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, OR REGARDING YOUR MEMBERSHIP OR THIS AGREEMENT. IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE THE COLLECTIVE AND AGGREGATE LIABILITY OF THE AAFCA PARTIES TO YOU FOR (i) ANY COSTS REGARDLESS OF PROCUREMENT THE FORM OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICESACTION, LOSS OF PROFITSWHETHER IN CONTRACT, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILLTORT, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (iiOTHERWISE) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES AMOUNT YOU PAID FOR TO AAFCA IN ANNUAL MEMBERSHIP FEES IN THE LICENSED SOFTWARE GIVING TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE LIABILITY, OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED THE MINIMUM ALLOWED BY LAW, WHICHEVER IS GREATER. SOME JURISDICTIONS MAY NOT ALLOW THE DISCLAIMERS AND LIMITATIONS SET FORTH LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES TO PERSONAL OR PROPERTY DAMAGE, OR DAMAGES CAUSED BY THE NEGLIGENT OR WILLFUL ACTIONS OF THE AAFCA PARTIES. AS A RESULT, THE ABOVE WILL LIMITATION OR EXCLUSION MAY NOT APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESTO YOU.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN IN THIS LICENSE AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS LICENSE AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT SYMANTEC WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, LIABILITIES, SUITS, PROCEEDINGS, COSTS, OR EXPENSES, INCLUDING REASONABLE LEGAL EXPENSES OR FEES ARISING OUT OF, RESULTING FROM OR RELATING TO: (A) THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS USE OF WHETHER THE SOFTWARE BY YOU OR NOT YOU ACCEPT BY THIRD PARTIES; (B) SECURITY BREACHES; (C) EAVESDROPPING, INTERCEPTION, FAILURE OF DELIVERY OR LOSS OF DATA SENT, STORED, OR RECEIVED WHILE USING THE LICENSED SOFTWARE; OR (D) USE OR LOSS OF YOUR SOFTWARE, CONTENT UPDATES FIRMWARE, INFORMATION OR UPGRADESMEMORY DATA CONTAINED IN, STORED ON, OR INTEGRATED WITH ANY SOFTWARE RETURNED TO SYMANTEC UNDER THIS LICENSE AGREEMENT. THESE LIMITATIONS SHALL APPLY EVEN IF SYMANTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC VERITAS OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC VERITAS OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S VERITAS’ LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S VERITAS’ LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.

Limitation of Liability. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF BEAR CRUSH HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF BEAR CRUSH, IT WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC AMOUNT PAID FOR THE PRODUCTS AND/OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIALPUNITIVE, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE EXCLUSION MAY NOT APPLY TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESYOU.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN IN THIS LICENSE AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC CA OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC CA OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTECCA’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS LICENSE AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTECCA’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT CA WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, LIABILITIES, SUITS, PROCEEDINGS, COSTS, OR EXPENSES, INCLUDING REASONABLE LEGAL EXPENSES OR FEES ARISING OUT OF, RESULTING FROM OR RELATING TO: (A) THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS USE OF WHETHER THE SOFTWARE BY YOU OR NOT YOU ACCEPT BY THIRD PARTIES; (B) SECURITY BREACHES; (C) EAVESDROPPING, INTERCEPTION, FAILURE OF DELIVERY OR LOSS OF DATA SENT, STORED, OR RECEIVED WHILE USING THE LICENSED SOFTWARE; OR (D) USE OR LOSS OF YOUR SOFTWARE, CONTENT UPDATES FIRMWARE, INFORMATION OR UPGRADESMEMORY DATA CONTAINED IN, STORED ON, OR INTEGRATED WITH ANY SOFTWARE RETURNED TO CA UNDER THIS LICENSE AGREEMENT. THESE LIMITATIONS SHALL APPLY EVEN IF CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW LAW, ZEBRA WILL NOT BE LIABLE TO CONTRACTING PARTY AND/OR TO AUTHORIZED RESELLERS, THEIR AFFILIATES OR ANY OTHER PERSON FOR ANY LOST REVENUES, PROFITS, GOODWILL OR USE, THE COST OF SUBSTITUTED PRODUCTS OR SERVICES, BUSINESS INTERRUPTION OR ANY DAMAGE TO OR LOSS OF ANY SOFTWARE PROGRAMS, DATA OR REMOVABLE DATA STORAGE MEDIA, FOR THE RESTORATION OR REINSTALLATION OF ANY SOFTWARE PROGRAMS OR DATA, OR FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND HOWEVER CAUSED RELATED TO THE RENTAL SERVICES OR THE AGREEMENT, OR THE INABILITY TO USE THE EQUIPMENT, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING STRICT LIABILITY AND REGARDLESS NEGLIGENCE), EQUITY OR ANY OTHER THEORY OF WHETHER ANY LIABILITY, EVEN IF ZEBRA HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES OR EVEN IF THOSE DAMAGES ARE FORESEEABLE. CONTRACTING PARTY’S AND/OR AUTHORIZED RESELLER’S EXCLUSIVE REMEDY SET FORTH HEREIN FAILS IS EXPRESSLY LIMITED TO PERFORMANCE OF ITS ESSENTIAL PURPOSE, THE RENTAL SERVICES PROVIDED FOR BY THE AGREEMENT OR THE FAIR MARKET VALUE THEREOF. ZEBRA’S ENTIRE LIABILITY FOR DAMAGES TO THE CONTRACTING PARTY AND/OR AUTHORIZED RESELLERS OR OTHERS RESULTING FROM THE RENTAL SERVICES UNDER THE AGREEMENT SHALL IN NO EVENT WILL SYMANTEC EXCEED THE ANNUAL RENTAL CHARGES PAID BY CONTRACTING PARTY AND/OR ITS LICENSORS, AUTHORIZED RESELLERS, SUPPLIERS EXCEPT FOR INSTANCES OF PHYSICAL INJURY TO PERSON OR AGENTS TANGIBLE PERSONAL PROPERTY DAMAGE. TANGIBLE PERSONAL PROPERTY DOES NOT INCLUDE, WITHOUT LIMITATION, DATA, RECORDS, OR DOCUMENTS OR ANY OTHER RECORDED INFORMATION. (SUCH DATA, RECORDS, DOCUMENTS OR OTHER RECORDED INFORMATION ARE NOT TO BE LIABLE CONSIDERED TANGIBLE PROPERTY REGARDLESS OF THE MEDIUM, INCLUDING ELECTRONIC, THEY ARE STORED). EXCEPT AS STATED HEREIN, ZEBRA DISCLAIMS ALL WARRANTIES WITH RESPECT TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND THE RENTAL SERVICES, LOSS INCLUDING ALL IMPLIED WARRANTIES OF PROFITSMERCHANTABILITY, LOSS OF USE, LOSS OF FITNESS FOR A PARTICULAR PURPOSE OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, USE OR ANTICIPATED SAVINGS NON-INFRINGEMENT. NEITHER PARTY MAY BRING A LEGAL ACTION UNDER THE AGREEMENT OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE RELATED TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT RENTAL SERVICES MORE THAN TWO (2) YEARS AFTER THE CAUSE OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED ACTION AROSE UNLESS PROVIDED OTHERWISE BY APPLICABLE NON- WAIVABLE LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW LAW, COMPANY AND REGARDLESS ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF WHETHER THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY REMEDY SET FORTH HEREIN FAILS CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC USE OR ITS LICENSORS, RESELLERS, SUPPLIERS FOR LOSS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR REPLACEMENT GOODS AND SERVICES, TECHNOLOGY OR LOSS OF PROFITSBUSINESS; (B) FOR ANY INDIRECT, LOSS OF USEEXEMPLARY, LOSS OF INCIDENTAL, SPECIAL OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIMECONSEQUENTIAL DAMAGES; OR (iiC) FOR ANY SPECIALMATTER BEYOND COMPANY’S REASONABLE CONTROL; (D) FOR ANY FINES, CONSEQUENTIALPENALTIES, INCIDENTAL OR INDIRECT DAMAGES COSTS ASSOCIATED WITH OR RELATING TO BREACH OF LAWS, REGULATIONS, OR ARISING FROM REGULATORY OR ADMINISTRATIVE PROCEEDINGS; OR (E) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY BRAND TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES MIGHT OCCURDAMAGES. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT COMPANY SPECIFICALLY DISCLAIMS AND EXCLUDES ALL WARRANTIES UNDER APPLICABLE SALE OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESGOODS ACT LEGISLATION.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC TEAMVIEWER OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU CUSTOMER FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC TEAMVIEWER OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTECTEAMVIEWER’S LIABILITY EXCEED THE FEES YOU CUSTOMER PAID FOR THE LICENSED SOFTWARE OR SERVICES GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTECTEAMVIEWER’S LIABILITY TO YOU CUSTOMER FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE IN THIS XXXX WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT CUSTOMER ACCEPTS THE LICENSED SOFTWARE, CONTENT UPDATES SERVICES OR UPGRADESANY UPDATES, OR NEW VERSIONS.

Limitation of Liability. (A) TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW LAW, AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSESUBJECT TO SECTION 11(B) BELOW, IN NO EVENT WILL SYMANTEC COMPANY OR ITS LICENSORSAFFILIATES, RESELLERSOR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, SUPPLIERS HAVE ANY LIABILITY ARISING FROM OR AGENTS BE LIABLE RELATED TO YOU FOR YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE WEBSITE FOR: (iI) ANY COSTS OF PROCUREMENT PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO OF DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR ANTICIPATED SAVINGS MALFUNCTION, OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT PUNITIVE DAMAGES WHATSOEVER; AND (II) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU OR THE SUBSCRIBER FOR THE APPLICATION IN THE TWELVE MONTHS PRIOR TO YOUR CLAIM. THE FOREGOING LIMITATIONS WILL APPLY WHETHER ARISING DIRECTLY OR INDIRECTLY SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (B) SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, AND IN SUCH CASE, SOME OR ALL OF THE ABOVE LIMITATIONS OR EXCLUSIONS OF LIABILITY MAY NOT APPLY TO YOU. (C) THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR SECTION 11 IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE AGREEMENT BETWEEN COMPANY AND YOU. COMPANY WOULD NOT BE ABLE TO PROVIDE THE APPLICATION ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS. THESE PROVISIONS SHALL ENURE TO THE BENEFIT OF COMPANY AND ITS LICENSORS, RESELLERSSUPPLIERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS SERVICE PROVIDERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESAFFILIATES.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW LAW, YOU AGREE THAT NEITHER ISIS FORENSICS, ITS AFFILIATES OR ITS OR THEIR LICENSORS, RESELLERS OR DISTRIBUTORS SHALL BE LIABLE FOR ANY LOSS OF INCOME, LOSS OF OPPORTUNITY OR PROFITS, LOSS OF GOODWILL, LOSS OF DATA OR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING FROM USE OF THE SOFTWARE, UPDATES, THIRD PARTY SOFTWARE OR OTHERWISE ARISING IN CONNECTION WITH THIS AGREEMENT, HOWSOEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE). TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LIABILITY OF ISIS FORENSICS, ITS AFFILIATES OR ITS OR THEIR LICENSORS, RESELLERS OR DISTRIBUTORS EXCEED THE AMOUNT PAID FOR THE AFFECTED SOFTWARE. THIS LIMITATION WILL APPLY EVEN IF ISIS FORENSICS, ITS AFFILIATES OR ITS OR THEIR LICENSORS, RESELLERS OR DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC . YOU ACKNOWLEDGE THAT THE LICENCE FEES REFLECTS THIS ALLOCATION OF RISK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU EXCLUSION OF LIABILITY FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE EXCLUSIONS MAY NOT APPLY TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESYOU.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC INTEL OR ITS LICENSORSAFFILIATES, RESELLERSLICENSORS OR SUPPLIERS (INCLUDING THEIR RESPECTIVE DIRECTORS, SUPPLIERS OR AGENTS OFFICERS, EMPLOYEES, AND AGENTS) BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICESINCLUDING, LOSS OF WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (iiLOST DATA) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN RELATION TO THIS LICENSE AGREEMENT, INCLUDING THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES MIGHT OCCURDAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED PART NOT APPLY TO YOU. YOU ARE RESPONSIBLE FOR DETERMINING IF THIS PRODUCT MEETS THE FEES YOU PAID REQUIREMENTS OF YOUR INTENDED USE. THE SOFTWARE LICENSED AND CLOUD SERVICES PROVIDED HEREUNDER ARE NOT DESIGNED OR INTENDED FOR CLINICAL APPLICATIONS OR USE IN ANY APPLICATION IN WHICH THE LICENSED FAILURE OF THE SOFTWARE GIVING RISE OR CLOUD SERVICES COULD LEAD TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY OR DEATH. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE LIMITED REMEDIES, WARRANTY DISCLAIMER AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTEL AND YOU. YOU ACKNOWLEDGE INTEL WOULD BE UNABLE TO PROVIDE THE SOFTWARE OR CLOUD SERVICES WITHOUT SUCH LIMITATIONS. YOU WILL INDEMNIFY AND HOLD INTEL AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) HARMLESS AGAINST ALL CLAIMS, LIABILITIES, LOSSES, COSTS, DAMAGES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES), ARISING OUT OF, DIRECTLY OR INDIRECTLY, THE DISTRIBUTION OF NEGLIGENCE THE SOFTWARE OR FOR USE OF THE CLOUD SERVICES AND ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED CLAIM OF PRODUCT LIABILITY, PERSONAL INJURY OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER DEATH ASSOCIATED WITH ANY DISTRIBUTION OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.UNINTENDED USE,

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN IN THIS LICENSE AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC COALFIRE OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC COALFIRE OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTECCOALFIRE’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS LICENSE AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTECCOALFIRE’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.

Limitation of Liability. Section 1.34 (Limitation of Liability) of the General Terms does not apply to Zelle Payment Services. EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSELAW, IN NO EVENT WILL SYMANTEC WE, ZELLE, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS NETWORK FINANCIAL INSTITUTIONS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO YOU FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (iI) ANY COSTS OF PROCUREMENT OF SUBSTITUTE TRANSACTION CONDUCTED THROUGH OR REPLACEMENT GOODS AND SERVICESFACILITATED BY THE ZELLE PAYMENT SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILLOMISSIONS, OR ANTICIPATED SAVINGS OTHER INACCURACIES IN THE ZELLE PAYMENT SERVICES DESCRIBED OR WASTED MANAGEMENT AND STAFF TIMEPROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iiIV) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OTHER MATTER RELATING TO THE ZELLE PAYMENT SERVICES DESCRIBED OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENTPROVIDED, EVEN IF SYMANTEC WE OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS ZELLE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES MIGHT OCCURDAMAGES. IF YOU ARE DISSATISFIED WITH THE ZELLE PAYMENT SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ZELLE PAYMENT SERVICES. IN NO CASE SHALL SYMANTEC’S THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY EXCEED FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF OURS, ZELLE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE NETWORK FINANCIAL INSTITUTIONS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED GREATEST EXTENT PERMITTED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESBUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED EXCEPT AS PROHIBITED BY APPLICABLE LAW LAW, YOU WILL HOLD US AND REGARDLESS OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER, IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER ANY REMEDY SET FORTH HEREIN FAILS OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF ITS ESSENTIAL PURPOSECONTRACT, IN NO EVENT WILL SYMANTEC NEGLIGENCE, OR ITS LICENSORSOTHER TORTIOUS ACTION, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS ARISING OUT OF OR CORRUPTION TO DATAIN CONNECTION WITH THIS AGREEMENT, BUSINESS INTERRUPTIONINCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, LOSS ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF PRODUCTIONANY FEDERAL, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILLSTATE, OR ANTICIPATED SAVINGS LOCAL LAWS, STATUTES, RULES, OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENTREGULATIONS, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES MIGHT OCCURDAMAGE. IN NO CASE SHALL SYMANTEC’S EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY EXCEED FOUND ON THE FEES YOU PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE LICENSED SOFTWARE GIVING RISE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESYOU.

Limitation of Liability. Your use of the Software is entirely at your own risk. Under no circumstance will Kodak Alaris or its affiliates, or any of its or their licensors, suppliers, dealer, employees, representatives or agents be liable to you on account of your use or misuse of, or reliance on, the Software. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSELAW, IN NO EVENT WILL SYMANTEC KODAK ALARIS OR ITS AFFILIATES, OR ANY OF ITS OR THEIR LICENSORS, RESELLERS, SUPPLIERS OR AGENTS DEALERS, BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR REPLACEMENT GOODS AND SERVICESPUNITIVE DAMAGES WHATSOEVER, LOSS OF INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF USE, COSTS OF PRODCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOSS OF OR CORRUPTION TO OF BUSINESS INFORMATION OR DATA OR COST OF RECONSTRUCTION OF SUCH DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, GOODWILL OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT OTHER DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENTTHE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF SYMANTEC OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, KODAK ALARIS'S AND ITS AFFILIATES’S, AND ITS AND THEIR LICENSORS, RESELLERSSUPPLIERS AND DEALERS, SUPPLIERS COLLECTIVE AGGREGATE LIABILITY UNDER OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCURIN CONNECTION WITH THE SOFTWARE, THIS XXXX AND THE SUBJECT MATTER HEREOF, FOR ALL CLAIMS RELATING THERETO OF ANY KIND AND UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION (OTHER THAN STRICT FRAUD), STRICT LIABILITY, BREACH OF STATUTORY DUTY OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO KODAK ALARIS FOR THE SOFTWARE THAT IS THE SUBJECT OF THE CLAIM. IN NO CASE THOSE JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, KODAK ALARIS'S LIABILITY SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE BE LIMITED OR EXCLUDED TO THE CLAIMMAXIMUM EXTENT ALLOWED BY LAW IN THOSE JURISDICTIONS. NOTHING IN THIS AGREEMENT XXXX SHALL OPERATE SO AS BE DEEMED TO EXCLUDE OR LIMIT SYMANTECKODAK ALARIS’S LIABILITY IN RESPECT OF: (I) LOSS OR DAMAGE CAUSED BY WILFUL INTENT OR GROSS NEGLIGENCE OF KODAK ALARIS OR ITS OFFICERS, EMPLOYEES, REPRESENTATIVES OR AGENTS; (II) INJURIES TO YOU FOR OR DEATH OF ANY PERSON CAUSED BY XXXXX XXXXXX OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE KODAK ALARIS’ OFFICERS, EMPLOYEES, REPRESENTATIVES OR FOR AGENTS; OR (III) ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES.

Limitation of Liability. CONTRACTOR’S LIABILITY FOR DAMAGES TO THE STATE ARISING OUT OF THE SUBJECT MATTER OF THIS CONTRACT SHALL NOT EXCEED THREE TIMES THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS AMOUNT PAYABLE UNDER THIS CONTRACT, OR $2,000,000.00, WHICHEVER IS GREATER. LIMITS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS LIABILITY FOR STATE CLAIMS SHALL NOT APPLY TO STATE CLAIMS ARISING OUT OF: (A) CONTRACTOR’S OBLIGATION TO INDEMNIFY THE STATE; (B) CONTRACTOR’S CONFIDENTIALITY OBLIGATIONS TO THE STATE; (C) PERSONAL INJURY OR DAMAGE TO REAL OR PERSONAL PROPERTY; (D) CONTRACTOR’S GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT; OR (E) VIOLATIONS OF ITS ESSENTIAL PURPOSE, THE STATE OF VERMONT FRAUDULENT CLAIMS ACT. IN NO EVENT WILL SYMANTEC SHALL THIS LIMIT OF LIABILITY BE CONSTRUED TO LIMIT CONTRACTOR’S LIABILITY FOR THIRD PARTY CLAIMS AGAINST THE CONTRACTOR WHICH MAY ARISE OUT OF CONTRACTOR’S ACTS OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS OMISSIONS IN THE PERFORMANCE OF THIS CONTRACT. NEITHER PARTY SHALL BE LIABLE TO YOU THE OTHER FOR (i) ANY COSTS INDIRECT, INCIDENTAL OR SPECIAL DAMAGES, DAMAGES WHICH ARE UNFORESEEABLE TO THE PARTIES AT THE TIME OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICESCONTRACTING, DAMAGES WHICH ARE NOT PROXIMATELY CAUSED BY A PARTY, SUCH AS LOSS OF ANTICIPATED BUSINESS, OR LOST PROFITS, LOSS OF USEINCOME, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS REVENUE IN CONNECTION WITH OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAWTHE SUBJECT MATTER OF THIS CONTRACT. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADESThe provisions of this Section shall apply notwithstanding any other provisions of this Contract or any other agreement.