Common use of Limitation of Liability Clause in Contracts

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORM.

Limitation of Liability. EXCEPT FOR INFRINGEMENT CUSI’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH ANY LICENSED SOFTWARE OR MISAPPROPRIATION TECHNICAL SUPPORT SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF FEES PAID TO CUSI UNDER THIS AGREEMENT DURING THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TWELVE (12) MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), SUCH LIABILITY. IN NO EVENT WILL EITHER PARTY HERETO CUSI BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY LOSS CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR UNAVAILABILITY OF INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, TORT, LOST, DAMAGED OR DAMAGE TO CORRUPTED DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGSLOST BUSINESS OPPORTUNITY, DAMAGE TO LOSS OF GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, DOWNTIME WASTED MANAGEMENT TIME, DATA CONVERSION OR FOR DAMAGE TO LICENSEE’S COMPUTERS OR COMMUNICATIONS NETWORK, AND COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR ANY INDIRECTSERVICES, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY ARISING FROM OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED RELATING TO THE LICENSED SOFTWARE, TECHNICAL SUPPORT SERVICES OR THIS AGREEMENT, THE USE HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, TORT, INTENTIONAL MISCONDUCT, STRICT LIABILITY, CONTRACT OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICESOTHERWISE, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR CUSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORM.

Limitation of Liability. EXCEPT FOR INFRINGEMENT CUSI’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH ANY SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR MISAPPROPRIATION OTHERWISE, WILL NOT EXCEED THE AMOUNT OF FEES PAID TO CUSI UNDER THIS AGREEMENT DURING THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TWELVE (12) MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), SUCH LIABILITY. IN NO EVENT WILL EITHER PARTY HERETO CUSI BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY LOSS CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR UNAVAILABILITY OF INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, TORT, LOST, DAMAGED OR DAMAGE TO CORRUPTED LICENSEE DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGSLOST BUSINESS OPPORTUNITY, DAMAGE TO LOSS OF GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, DOWNTIME WASTED MANAGEMENT TIME, DATA CONVERSION OR FOR DAMAGE TO LICENSEE’S COMPUTERS OR COMMUNICATIONS NETWORK, AND COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR ANY INDIRECTSERVICES, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY ARISING FROM OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED RELATING TO THE SERVICES OR THIS AGREEMENT, THE USE HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, TORT, INTENTIONAL MISCONDUCT, STRICT LIABILITY, CONTRACT OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICESOTHERWISE, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR CUSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORM.

Limitation of Liability. EXCEPT FOR INFRINGEMENT TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT OF ANY BREACH BY XXXX CANADA, ITS AFFILIATES, SUPPLIERS, AGENTS OR MISAPPROPRIATION THIRD PARTY SERVICE PROVIDERS, INCLUDING ANY BREACH OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE A FUNDAMENTAL TERM OR ANY NEGLIGENCE, YOUR EXCLUSIVE REMEDY SHALL BE TO RECEIVE FROM XXXX CANADA PAYMENT FOR ACTUAL AND DIRECT DAMAGES TO A MAXIMUM AMOUNT OF ONE HUNDRED DOLLARS ($100.00). OTHER LIABILITY THAN THE FOREGOING REMEDY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”)NO CIRCUMSTANCES WILL XXXX CANADA, IN NO EVENT WILL EITHER ITS AFFILIATES, SUPPLIERS, AGENTS OR ANY OF ITS THIRD PARTY HERETO SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATADAMAGES WHATSOEVER, LOST REVENUEINCLUDING WITHOUT LIMITATION ANY GENERAL, LOST PROFITSDIRECT, FAILURE TO REALIZE EXPECTED SAVINGSINDIRECT, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECTPUNITIVE, INCIDENTAL, CONSEQUENTIALCONSEQUENTIAL OR SPECIAL DAMAGES, SPECIALINCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF PROFITS AND LOSS OF BUSINESS OPPORTUNITIES, PUNITIVESAVINGS, EXEMPLARY LOSS OF USE OR LOSS OF DATA, ON ACCOUNT OF ANY SIMILAR TYPE ACT OR OMISSION OF DAMAGES ARISING OUT OF XXXX CANADA, ITS THIRD PARTY SERVICE PROVIDERS OR THEIR REPRESENTATIVES RELATED IN ANY WAY RELATED TO THE AGREEMENTANY SERVICE, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND ANY SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTSOR ANY SOFTWARE PROVIDED HEREUNDER OR THIS AGREEMENT. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT THIS SECTION WILL APPLY: REGARDLESS OF THE AGREEMENT EXCEED THE GREATER FORM OF 1,000,000 USD ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMOTHERWISE; AND WHETHER OR NOT DAMAGES WERE FORESEEABLE.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), ) IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENTTHESE TERMS, THE USE OR THE INABILITY TO USE THE LICENSOR SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT THESE TERMS EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORM.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION LIABILITY ARISING OUT OF THE OTHER EITHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDINGLIABILITY FOR DEATH OR PERSONAL INJURY OR CUSTOMER’S BREACH OF SECTION 2, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE NEITHER PARTY’S AGGREGATE LIABILITY FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR THE INABILITY TO USE THE SOFTWARESERVICE, SOFTWARE SERVICESWHETHER IN CONTRACT, MAINTENANCE TORT OR CONSULTING SERVICESUNDER ANY OTHER THEORY OF LIABILITY, EVEN IF ADVISED OF SHALL EXCEED THE POSSIBILITY OF SUCH DAMAGES. TOTAL AMOUNT PAID BY CUSTOMER ASSUMES ALL RESPONSIBILITY FOR HEREUNDER IN THE SELECTION OF TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTSINCIDENT. EXCEPT FOR THE EXCLUDED MATTERSLIABILITY ARISING OUT OF CUSTOMER’S BREACH OF SECTION 2 OR EITHER PARTY’S LIABILITY FOR DEATH OR PERSONAL INJURY, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO PARTY OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE OTHER SERVICE BE LIABLE FOR ALL CLAIMS ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR AS IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SUBSCRIPTION SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING EXCLUSIONS APPLY WHETHER OR NOT A RESULT PARTY HAS BEEN INFORMED OF THE AGREEMENT EXCEED THE GREATER POSSIBILITY OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER SUCH DAMAGE, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO LICENSOR UNDER THE APPLICABLE ORDER FORMHAVE FAILED OF ITS ESSENTIAL PURPOSE.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF TO THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (THE “EXCLUDED MATTERS”)LAW, IN NO EVENT WILL EITHER PARTY HERETO SHALL NOKIA, ITS EMPLOYEES,LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGSREVENUE, DAMAGE TO REPUTATIONSALES, DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR LICENSED SOFTWARE, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INTERRUPTIONINFORMATION, DOWNTIME COSTS OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIALECONOMIC, COVER, PUNITIVE, SPECIAL, PUNITIVEOR CONSEQUENTIAL DAMAGES, EXEMPLARY HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR ANY SIMILAR TYPE OTHER THEORY OF DAMAGES LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OF OR THE INABILITY TO USE THE LICENSED SOFTWARE OR THE LICENSED SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF NOKIA OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR BECAUSE SOME COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THE SELECTION EXCLUSION OF THE SOFTWARELIABILITY, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER BUT MAY ALLOW LIABILITY TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERSBE LIMITED, IN NO EVENT SUCH CASES, NOKIA, ITS EMPLOYEES OR LICENSORS OR AFFILIATES' LIABILITY SHALL EITHER PARTY’S TOTAL LIABILITY BE LIMITED TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID TO NOKIA BY CUSTOMER LICENSEE IN THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE. NOTHING CONTAINED IN THIS AGREEMENT LIMITS NOKIA'S LIABILITY TO LICENSOR UNDER LICENSEE IN THE APPLICABLE ORDER FORMEVENT OF DEATH OR PERSONAL INJURY RESULTING FROM NOKIA'S NEGLIGENCE. NOKIA IS ACTING ON BEHALF OF ITS EMPLOYEES AND LICENSORS OR AFFILIATES FOR THE PURPOSE OF DISCLAIMING, EXCLUDING, AND/OR RESTRICTING OBLIGATIONS, WARRANTIES, AND LIABILITY AS PROVIDED IN THIS AGREEMENT, BUT IN NO OTHER RESPECTS AND FOR NO OTHER PURPOSE.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF NOTWITHSTANDING ANY SECTION TO THE CONTRARY, OTHER PARTY’S THAN ANY LIABILITY ARISING UNDER GENERAL INDEMNITY AND INTELLECTUAL PROPERTY RIGHTS INCLUDINGINDEMNIFICATION SECTIONS OF THIS AGREEMENT, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER THE MAXIMUM LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL OF EITHER PARTY HERETO BE LIABLE FOR TO ANY LOSS PERSON, FIRM, OR UNAVAILABILITY OF OR DAMAGE TO DATACORPORATION WHATSOEVER, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY WAY RELATED TO THE AGREEMENTSALE, THE USE OR OTHER EMPLOYMENT OF ANY OKKAMI SERVICE DELIVERED TO CUSTOMER HEREUNDER, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT OR OTHERWISE, SHALL IN NO CASE EXCEED THE INABILITY ACTUAL PRICE OF OKKAMI SERVICES DELIVERED PURSUANT TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED THIS AGREEMENT PAID TO OKKAMI BY CUSTOMER. OTHER THAN ANY LIABILITY ARISING UNDER GENERAL INDEMNITY AND INTELLECTUAL PROPERTY RIGHTS INDEMNIFICATION SECTIONS OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERSTHIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY PARTY BE LIABLE TO THE OTHER OR TO ANY THIRD PARTY FOR ALL CLAIMS CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES, OR ANY DAMAGES RESULTING FROM OKKAMI SERVICES, INCLUDING, BUT NOT LIMITED TO OKKAMI APP AND/OR OKKAMI CMS, BEING HACKED, USED OR ACCESSED IN AN UNAUTHORIZED MANNER. THE ESSENTIAL PURPOSE OF THIS PROVISION IS TO LIMIT THE POTENTIAL LIABILITY OF OKKAMI ARISING OUT OF THIS AGREEMENT AND/OR AS A RESULT SALE OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMPRODUCTS AND SERVICES.

Limitation of Liability. EXCEPT FOR (I) INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDINGRIGHTS, WITHOUT LIMITATION, INCLUDING TRADE SECRETS, DAMAGE ; (II) DAMAGES FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR PROPERTY; (III) INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE NEGLIGENCE; OR (IV) ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED LIMITED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, SOFTWARE AND OTHER PRODUCTS AND OR SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORM.

Limitation of Liability. EXCEPT IN NO EVENT WILL LIQUID ROBOTICS BE LIABLE FOR INFRINGEMENT ANY PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, TRADE SECRETSLOSS OF REVENUE, DAMAGE FOR BODILY INJURYUSE, DEATHPROFITS, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUEOR GOODWILL) OR COSTS OF PROCURING SUBSTITUTE PRODUCTS, LOST PROFITSDATA, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING PROFESSIONAL SERVICES, EVEN IF ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS CONTRACT OR THE PURCHASE, SALE, USE, OPERATION, PROVISION OR PERFORMANCE OF THE PRODUCTS, THE DATA, PROFESSIONAL SERVICES, SOFTWARE OR SOFTWARE SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT LIQUID ROBOTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSS OR DAMAGE. LIQUID ROBOTICS AND CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS CONTRACT IS FOUND TO HAVE FAILED OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTSITS ESSENTIAL PURPOSE. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL WILL LIQUID ROBOTICS’ LIABILITY TO THE OTHER FOR ALL CLAIMS CUSTOMER ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS CONTRACT, FROM ALL CAUSES OF OR AS A RESULT ACTION AND UNDER ALL THEORIES OF THE AGREEMENT LIABILITY, EXCEED THE GREATER OF 1,000,000 USD OR THE FEES ACTUAL AMOUNT PAID TO LIQUID ROBOTICS BY CUSTOMER FOR THE PRODUCT OR SOFTWARE SERVICE THAT GIVES RISE TO LICENSOR UNDER THE APPLICABLE ORDER FORMCLAIM. IN NO EVENT WILL LIQUID ROBOTICS HAVE ANY LIABILITY TO CUSTOMER OR ANY THIRD PARTY. LIQUID ROBOTICS DISCLAIMS ANY LIABILITY, RESULTING FROM OR RELATING TO (A) ANY PRODUCT CUSTOMIZATIONS (AS DEFINED IN SECTION 17.2 OR (B) PILOTING SERVICES AND LAUNCH AND RECOVERY SERVICES THAT ARE PERFORMED IN ACCORDANCE WITH CUSTOMER’S INSTRUCTIONS.

Limitation of Liability. EXCEPT FOR INFRINGEMENT THE REMEDIES OF BUYER IN THE WARRANTY SET FORTH IN SECTION 3.1 WITH RESPECT TO BATTERIES AND IN THE WARRANTY SET FORTH IN SECTION 3.2 WITH RESPECT TO COMPONENTS ARE EXCLUSIVE, AND THE TOTAL LIABILITY OF SELLER WITH RESPECT TO ANY BATTERY OR MISAPPROPRIATION ANY COMPONENT SOLD TO BUYER UNDER THIS AGREEMENT, OR FROM DELIVERY, INSTALLATION OR REPAIR COVERED BY OR FURNISHED UNDER ANY SALE TO BUYER, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER PRODUCT UPON WHICH SUCH LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IS PLACED. SELLER SHALL IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE TO BUYER OR TO ANY SUCCESSOR IN INTEREST OR ANY BENEFICIARY OR ASSIGNEE THEREOF RELATING TO THE SALE OF ANY BATTERY OR ANY COMPONENT FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIALINDIRECT, SPECIAL, PUNITIVE, EXEMPLARY SPECIAL OR ANY SIMILAR TYPE OF PUNITIVE DAMAGES ARISING OUT OF SUCH SALE OR IN ANY WAY RELATED TO THE AGREEMENTDEFECTS IN, THE USE OR THE INABILITY TO USE THE SOFTWAREFAILURE OF, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED MALFUNCTION OF THE POSSIBILITY PRODUCT UNDER SUCH SALE, INCLUDING BUT NOT LIMITED TO, DAMAGES BASED UPON LOSS OF USE, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, INCREASED EXPENSES AND/OR CLAIMS OF CUSTOMERS OF BUYER, WHETHER OR NOT SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARELOSS OR DAMAGE IS BASED ON CONTRACT, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERSWARRANTY, IN NO EVENT SHALL EITHER PARTY’S TOTAL NEGLIGENCE, INDEMNITY, STRICT LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMOTHERWISE.

Limitation of Liability. EXCEPT FOR INFRINGEMENT THE COLLIGA APPS SERVICES ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS. THE INFORMATION, SOFTWARE AND SERVICES INCLUDED IN OR MISAPPROPRIATION AVAILABLE THROUGH THE COLLIGA APPS SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES AT ANY TIME. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDINGINFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE COLLIGA APPS SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT LIMITATIONWARRANTY OR CONDITION OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION PRODUCTS, TRADE SECRETSSERVICES AND RELATED GRAPHICS, DAMAGE INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR BODILY INJURYA PARTICULAR PURPOSE, DEATH, DAMAGE TITLE AND NON-INFRINGEMENT. TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY THE MAXIMUM EXTENT NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”)PROHIBITED BY LAW, IN NO EVENT WILL EITHER PARTY HERETO WE AND OUR AFFILIATES, PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATACONSEQUENTIAL, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECTEXEMPLARY, INCIDENTAL, CONSEQUENTIALSPECIAL OR PUNITIVE DAMAGES, SPECIAL, PUNITIVE, EXEMPLARY INCLUDING WITHOUT LIMITATION THOSE RELATING TO LOST PROFITS OR ANY SIMILAR TYPE THE COST OF DAMAGES SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN ANY WAY RELATED TO CONNECTION WITH THE AGREEMENT, COLLIGA APPS SERVICES OR FROM THE USE OF OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE COLLIGA APPS SERVICES, MAINTENANCE WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR CONSULTING SERVICES, OTHER LEGAL THEORY AND EVEN IF ADVISED WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE SELECTION OF THE SOFTWAREABOVE EXCLUSION MAY NOT APPLY TO YOU, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY BUT IS HEREBY DISCLAIMED TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMFULLEST EXTENT ALLOWABLE. Colliga Apps’ maximum liability under this Agreement shall be three times the Fees actually paid for the Colliga Apps Services.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE PARTY OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER THIRD PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIALEXEMPLARY, PUNITIVE, EXEMPLARY COVER OR ANY SIMILAR TYPE OF CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT(INCLUDING, THE USE OR BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE THE SOFTWAREEQUIPMENT, SOFTWARE OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF USE, LOSS OR CORRUPTION OF DATA, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, MAINTENANCE BUSINESS INTERRUPTION OR CONSULTING SERVICESTHE LIKE), ARISING OUT OF THIS AGREEMENT OR THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR TO THE SELECTION OF THE SOFTWAREMAXIMUM EXTENT PERMITTED BY LAW, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER EACH PARTY’S TOTAL LIABILITY TO THE OTHER PARTY FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES AMOUNT PAID BY CUSTOMER YOU OR RESELLER, IF ORDERED THROUGH A RESELLER, FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE IN THE TWELVE MONTHS IMMEDIATELY PRIOR TO LICENSOR UNDER THE APPLICABLE ORDER FORMDATE THE CAUSE OF ACTION AROSE. The foregoing limitations shall not apply, and a party’s liability shall be unlimited for, damages arising from (i) such party’s gross negligence, willful misconduct or fraud, (ii) breach of the obligations of confidentiality set forth in Section 6, or (iii) breach of the license granted pursuant to Section 3.1 or the restrictions set forth in Section 3.6. Further, the foregoing limitations shall not apply to a party’s indemnification obligations in Section 9 for which a party’s total aggregate liability shall be limited to (x) three times (3x) the fees you paid by you (whether directly or through a Reseller) to RStudio under such Orders in the twelve months immediately preceding the date the claim arose or (y) $100,000, whichever is greater. The Disclaimer set forth in Section 8.3 and Limitation of Liability set forth above are fundamental elements of the basis of the agreement between RStudio and you. RStudio and its suppliers would not be able to provide the Software on an economic basis without such limitations.

Limitation of Liability. EXCEPT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CM, ITS DIRECTORS, OFFICERS, EMPLOYEES OR SERVICE PROVIDERS BE LIABLE FOR INFRINGEMENT ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE DAMAGES FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST BUSINESS PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS LOSS OF BUSINESS INFORMATION, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES OTHER PECUNIARY LOSS) ARISING OUT OF OR IN ANY WAY RELATED RELATING TO THE AGREEMENT, THE USE SERVICES OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICESARRANGEMENTS CONTEMPLATED IN THIS AGREEMENT, EVEN IF CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY CM'S TOTAL LIABLITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT ANY DAMAGES SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT NOT EXCEED THE GREATER OF 1,000,000 USD OR THE AGGREGATE FEES PAID BY CUSTOMER TO LICENSOR CM UNDER THIS AGREEMENT DURING THE APPLICABLE ORDER FORMTHREE (3) MONTHS PRECEDING THE DATE ON WHICH THE ACTION TOOK PLACE GIVING RISE TO SUCH CLAIM. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION, BREACH OF THIS AGREEMENT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE , STRICT LIABILITY, MISREPRESENTATIONS, CLAIMS FOR FAILURE TO EXERCISE DUE CARE IN THE PERFORMANCE OF THE SERVICES HEREUNDER AND OTHER TORTS. OTHER THAN AS SPECIFICALLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED ON AN "AS IS", AS AVAILABLE BASIS, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION THE LIABILITY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS MC ENTITY IN RELATION TO THE ORDERED SERVICES, INCLUDING LIABILITY FOR LOSS OR DAMAGE TO A PACKAGE, OR DELAYED DELIVERY SHALL BE LIMITED PURSUANT TO THE APPLICABLE MC TERMS. THE MC ENTITY UNDER THE APPLICABLE MC TERMS DOES NOT ACCEPT RESPONSIBILITY FOR PURELY ECONOMIC LOSSES, SUCH AS THE COST OF ANY ALTERNATIVE MEANS OF TRANSPORT, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF REVENUE. THE UPS SERVICE GUARANTEE/MONEY BACK GUARANTEE (TO THE EXTENT MADE AVAILABLE BY THE APPLICABLE MC ENTITY IN YOUR LOCATION OR COUNTRY/TERRITORY OF RESIDENCE) SHALL NOT APPLY TO PACKAGES SUBJECT TO THE ORDERED SERVICES, INCLUDING, WITHOUT LIMITATION, TRADE SECRETSA CHANGE IN SERVICE LEVEL. ALL CLAIMS FOR LOSS OR DAMAGE OR DELAY SHALL BE NOTIFIED TO THE MC ENTITY IN ACCORDANCE WITH THE APPLICABLE MC TERMS BY THE ORIGINAL SHIPPER OR, DAMAGE WHERE REQUIRED UNDER APPLICABLE LAW, BY THE CONSIGNEE. UPS AND THE MC ENTITY SHALL NOT BE HELD RESPONSIBLE FOR BODILY INJURY, DEATH, DAMAGE LOSSES THAT ARE (I) NOT DUE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS ITS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER (II) DUE TO AN EVENT OF FORCE MAJEURE (AS DEFINED BY APPLICABLE LAW (THE “EXCLUDED MATTERS”LAW), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED REGARDS TO THE AGREEMENT, UPS MY CHOICE® SERVICES AND THE USE OR ORDERED SERVICES. TO THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERSMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY UPS AND THE MC ENTITY BE LIABLE FOR ANY LOSS, INCLUDING BUT NOT LIMITED TO THE LOSS, THEFT, ALTERATION OF, UNAUTHORIZED ACCESS TO, OR ACQUISITION OF, YOUR PERSONAL INFORMATION, OR OTHER FOR ALL CLAIMS SECURITY BREACH, COMPROMISE, OR INCIDENT INVOLVING YOUR PERSONAL INFORMATION, WHETHER BY THIRD PARTIES OR OTHERWISE, ARISING OUT OF OR AS A RESULT RESULTING FROM MISUSE OR IMPAIRMENT OF THE AGREEMENT EXCEED SECURITY OF THE GREATER OF 1,000,000 USD PERSONAL INFORMATION (INCLUDING BUT NOT LIMITED TO SECURITY ACCESS CODES OR HOLIDAY INFORMATION) THAT YOU PROVIDE TO UPS AND AN MC ENTITY TO ALLOW EACH TO RENDER THE FEES PAID BY CUSTOMER UPS MY CHOICE® SERVICES AND THE ORDERED SERVICES TO LICENSOR UNDER THE APPLICABLE ORDER FORMYOU.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY POWERSCHOOL SHALL NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE TO LICENSEE FOR ANY LOSS SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL OR UNAVAILABILITY OF CONSEQUENTIAL DAMAGES; OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED LOST FUNDING, LOST SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY LOST OR ANY SIMILAR TYPE DAMAGED DATA; OR FOR CLAIMS OF DAMAGES A THIRD PARTY; ARISING OUT OF OR IN ANY WAY RELATED TO THE THIS AGREEMENT, LICENSED PRODUCT, THIRD PARTY SOFTWARE, SUPPORT, SERVICES, OR OTHER ITEMS PROVIDED, OR THE USE OR THE INABILITY TO USE ANY OF THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICESFOREGOING, EVEN IF POWERSCHOOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR THEY ARE FORESEEABLE. CUSTOMER ASSUMES ALL RESPONSIBILITY IN ANY EVENT, IN RESPECT OF ANY CLAIM, DEMAND OR ACTION ARISING OUT OF THIS AGREEMENT, LICENSEE SHALL BE LIMITED TO RECEIVING ACTUAL AND DIRECT DAMAGES IN A MAXIMUM AGGREGATE AMOUNT EQUAL TO THE CHARGES PAID BY LICENSEE TO POWERSCHOOL HEREUNDER FOR THE SELECTION OF APPLICABLE LICENSED PRODUCT, ITEM OR SERVICE ON WHICH THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTSCLAIM IS BASED IN THE PREVIOUS TWELVE (12) MONTHS. EXCEPT FOR THE EXCLUDED MATTERSIN ADDITION, IN NO EVENT SHALL EITHER PARTY’S WILL THE LIABILITY OF POWERSCHOOL RELATING TO SUPPORT SERVICES OR HOSTING SERVICES EXCEED THE TOTAL LIABILITY AMOUNT OF MONEY PAID BY LICENSEE TO POWERSCHOOL DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD WITH RESPECT TO THE OTHER FOR ALL CLAIMS ARISING OUT OF PARTICULAR SUPPORT SERVICES OR AS A RESULT OF HOSTING SERVICES ON WHICH THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORM.CLAIM IS BASED. 13. GENERAL

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY POWERSCHOOL WILL NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE TO LICENSEE FOR ANY LOSS SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL OR UNAVAILABILITY OF CONSEQUENTIAL DAMAGES; OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED LOST FUNDING, LOST SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY LOST OR ANY SIMILAR TYPE DAMAGED DATA; OR FOR CLAIMS OF DAMAGES A THIRD PARTY; ARISING OUT OF OR IN ANY WAY RELATED TO THE THIS AGREEMENT, LICENSED PRODUCT, THIRD PARTY SOFTWARE, SUPPORT, SERVICES, OR OTHER ITEMS PROVIDED, OR THE USE OR THE INABILITY TO USE ANY OF THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICESFOREGOING, EVEN IF POWERSCHOOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR THEY ARE FORESEEABLE. CUSTOMER ASSUMES ALL RESPONSIBILITY IN ANY EVENT, IN RESPECT OF ANY CLAIM, DEMAND OR ACTION ARISING OUT OF THIS AGREEMENT, LICENSEE WILL BE LIMITED TO RECEIVING ACTUAL AND DIRECT DAMAGES IN A MAXIMUM AGGREGATE AMOUNT EQUAL TO THE CHARGES PAID BY LICENSEE TO POWERSCHOOL HEREUNDER FOR THE SELECTION OF APPLICABLE LICENSED PRODUCT, ITEM OR SERVICE ON WHICH THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTSCLAIM IS BASED IN THE PREVIOUS TWELVE (12) MONTHS. EXCEPT FOR THE EXCLUDED MATTERSIN ADDITION, IN NO EVENT SHALL EITHER PARTY’S WILL THE LIABILITY OF POWERSCHOOL RELATING TO SUPPORT SERVICES OR HOSTING SERVICES EXCEED THE TOTAL LIABILITY AMOUNT OF MONEY PAID BY LICENSEE TO POWERSCHOOL DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD WITH RESPECT TO THE OTHER FOR ALL CLAIMS ARISING OUT OF PARTICULAR SUPPORT SERVICES OR AS A RESULT OF HOSTING SERVICES ON WHICH THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMCLAIM IS BASED.

Limitation of Liability. EXCEPT THE UPS PARTIES, IN RELATION TO BOTH THE UPS MY CHOICE® PERSONAL AND COMMERCIAL SERVICES AND MC LOGISTICS SERVICES, SHALL NOT BE LIABLE TO YOU FOR INFRINGEMENT ANY LOSS, CLAIM, LIABILITY, OR MISAPPROPRIATION DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, WHETHER BASED ON CONTRACT OR OTHERWISE, INCLUDING LIABILITY FOR LOSS OR DAMAGE TO A SHIPMENT, MISDELIVERY OR DELAYED DELIVERY, DELIVERY PURSUANT OR CONTRARY TO YOUR INSTRUCTIONS, SERVICES FOLLOWING YOUR INSTRUCTIONS OR WHEN FAILING TO FOLLOW YOUR INSTRUCTIONS. AN MC ENTITY UNDER THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS APPLICABLE MC TERMS DOES NOT ACCEPT RESPONSIBILITY FOR PURELY ECONOMIC LOSSES, SUCH AS THE COST OF ANY ALTERNATIVE MEANS OF TRANSPORT, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF REVENUE. THE UPS SERVICE GUARANTEE/MONEY BACK GUARANTEE (TO THE EXTENT MADE AVAILABLE BY THE APPLICABLE MC ENTITY IN YOUR LOCATION OR COUNTRY/TERRITORY OF RESIDENCE) SHALL NOT APPLY TO PACKAGES SUBJECT TO THE MC LOGISTICS SERVICES, INCLUDING, WITHOUT LIMITATION, TRADE SECRETSA CHANGE IN SERVICE LEVEL. ALL CLAIMS FOR LOSS OR DAMAGE OR DELAY SHALL BE NOTIFIED TO THE MC ENTITY IN ACCORDANCE WITH THE APPLICABLE MC TERMS BY THE ORIGINAL SHIPPER OR, DAMAGE WHERE REQUIRED UNDER APPLICABLE LAW, BY THE CONSIGNEE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE UPS PARTIES SHALL NOT BE HELD RESPONSIBLE FOR BODILY INJURY, DEATH, DAMAGE LOSSES THAT ARE (I) NOT DUE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS ITS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER (II) DUE TO AN EVENT OF FORCE MAJEURE (AS DEFINED BY APPLICABLE LAW (THE “EXCLUDED MATTERS”LAW), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED REGARDS TO THE AGREEMENT, UPS MY CHOICE® PERSONAL AND COMMERCIAL SERVICES AND THE USE OR MC LOGISTICS SERVICES. TO THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERSMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY THE UPS PARTIES BE LIABLE FOR ANY LOSS, INCLUDING BUT NOT LIMITED TO THE LOSS, THEFT, ALTERATION OF, UNAUTHORIZED ACCESS TO, OR ACQUISITION OF, YOUR PERSONAL INFORMATION, OR OTHER FOR ALL CLAIMS SECURITY BREACH, COMPROMISE, OR INCIDENT INVOLVING YOUR PERSONAL INFORMATION, WHETHER BY THIRD PARTIES OR OTHERWISE, ARISING OUT OF OR AS A RESULT RESULTING FROM MISUSE OR IMPAIRMENT OF THE AGREEMENT EXCEED SECURITY OF THE GREATER OF 1,000,000 USD PERSONAL INFORMATION (INCLUDING BUT NOT LIMITED TO SECURITY ACCESS CODES OR HOLIDAY INFORMATION) THAT YOU PROVIDE TO UPS AND AN MC ENTITY TO ALLOW EACH TO RENDER THE FEES PAID BY CUSTOMER UPS MY CHOICE® PERSONAL AND COMMERCIAL SERVICES AND THE MC LOGISTICS SERVICES TO LICENSOR UNDER THE APPLICABLE ORDER FORMYOU.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION EXAM TAKER’S EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE A DOLLAR AMOUNT UP TO THAT PORTION OF THE LICENSE FEE THAT RELATES DIRECTLY TO THE SOFTWARE LICENSE, EXCLUDING ANY PORTION OF SUCH LICENSE FEE THAT RELATES TO THIRD-PARTY OR ADMINISTRATIVE SERVICES (E.G., PRINTING, SITE SUPPORT). OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”)THAN AS DESCRIBED HEREIN, IN NO EVENT WILL EITHER PARTY HERETO SHALL EXAMSOFT BE LIABLE FOR ANY LOSS CLAIM FOR ACTUAL OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DIRECT DAMAGES ARISING OUT OF OR IN ANY WAY WHATSOEVER RELATED TO THE AGREEMENTUSE OF THE SOFTWARE, THE USE OR THE INABILITY TO USE THE SOFTWARESOFTWARE OR ANY OTHER CLAIM ARISING UNDER OR RELATING TO THIS AGREEMENT, SOFTWARE SERVICESINCLUDING, MAINTENANCE BUT NOT LIMITED TO, CLAIMS FOR NEGLIGENCE, NEGLIGENT MISREPRESENTATION, NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, UNFAIR BUSINESS PRACTICES, BREACH OF CONTRACT, OR CONSULTING SERVICESUNJUST ENRICHMENT. FURTHER, EVEN IF ADVISED OF EXAMSOFT SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION USE OF THE SOFTWARE, THE INABILITY TO USE THE SOFTWARE OR ANY OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER CLAIM ARISING UNDER OR RELATING TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM FOR THE EXCLUDED MATTERSNEGLIGENCE, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT NEGLIGENT MISREPRESENTATION, UNFAIR BUSINESS PRACTICES, BREACH OF CONTRACT, OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMUNJUST ENRICHMENT.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER EACH PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED OBLIGATIONS UNDER APPLICABLE LAW SECTION 14 (THE “EXCLUDED MATTERS”CONFIDENTIALITY) AND CUSTOMER’S OBLIGATIONS UNDER SECTION 3 (USE OF SERVICES), IN NO EVENT WILL IS EITHER PARTY HERETO BE LIABLE OR RESPONSIBLE TO THE OTHER FOR ANY LOSS SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, EXEMPLARY, OR UNAVAILABILITY OF OR DAMAGE TO DATACONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGSREPLACEMENT GOODS, DAMAGE TO REPUTATIONLOSS OF TECHNOLOGY, BUSINESS INTERRUPTION, DOWNTIME COSTS RIGHTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE LOSS OF DATA, CONTENT OR CONSULTING SERVICESBUSINESS INFORMATION, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION , HOWEVER CAUSED AND REGARDLESS OF THE SOFTWARETHEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LIABILITY FOR ALL CLAIMS UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE (INCLUDING ALL TERMS AND CONDITIONS THAT ARE INCORPORATED HEREIN BY REFERENCE), WHETHER IN TORT, NEGLIGENCE, CONTRACT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF FEES PAID OR PAYABLE BY CUSTOMER TO LIMELIGHT UNDER THESE TERMS OF SERVICE OR ANY OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER OPERATIVE DOCUMENT DURING THE SIX MONTHS PRECEDING THE MOST RECENT CLAIM. THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT CONFIDENTIALITY OR INDEMNITY OBLIGATIONS, OR CUSTOMER’S OBLIGATIONS UNDER SECTIONS 3 (USE OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMSERVICES) THROUGH 5 (NON-PAYMENT).

Limitation of Liability. EXCEPT THE UPS PARTIES, IN RELATION TO BOTH THE UPS MY CHOICE® PERSONAL AND COMMERCIAL SERVICES AND MC LOGISTICS SERVICES, SHALL NOT BE LIABLE TO YOU FOR INFRINGEMENT ANY LOSS, CLAIM, LIABILITY, OR MISAPPROPRIATION DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, WHETHER BASED ON CONTRACT OR OTHERWISE, INCLUDING LIABILITY FOR LOSS OR DAMAGE TO A PACKAGE, MISDELIVERY OR DELAYED DELIVERY, DELIVERY PURSUANT OR CONTRARY TO YOUR INSTRUCTIONS, SERVICES FOLLOWING YOUR INSTRUCTIONS OR WHEN FAILING TO FOLLOW YOUR INSTRUCTIONS. AN MC ENTITY UNDER THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS APPLICABLE MC TERMS DOES NOT ACCEPT RESPONSIBILITY FOR PURELY ECONOMIC LOSSES, SUCH AS THE COST OF ANY ALTERNATIVE MEANS OF TRANSPORT, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF REVENUE. THE UPS SERVICE GUARANTEE/MONEY BACK GUARANTEE (TO THE EXTENT MADE AVAILABLE BY THE APPLICABLE MC ENTITY IN YOUR LOCATION OR COUNTRY/TERRITORY OF RESIDENCE) SHALL NOT APPLY TO PACKAGES SUBJECT TO THE MC LOGISTICS SERVICES, INCLUDING, WITHOUT LIMITATION, TRADE SECRETSA CHANGE IN SERVICE LEVEL. ALL CLAIMS FOR LOSS OR DAMAGE OR DELAY SHALL BE NOTIFIED TO THE MC ENTITY IN ACCORDANCE WITH THE APPLICABLE MC TERMS BY THE ORIGINAL SHIPPER OR, DAMAGE WHERE REQUIRED UNDER APPLICABLE LAW, BY THE CONSIGNEE. THE UPS PARTIES SHALL NOT BE HELD RESPONSIBLE FOR BODILY INJURY, DEATH, DAMAGE LOSSES THAT ARE (I) NOT DUE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS ITS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER (II) DUE TO AN EVENT OF FORCE MAJEURE (AS DEFINED BY APPLICABLE LAW (THE “EXCLUDED MATTERS”LAW), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED REGARDS TO THE AGREEMENT, UPS MY CHOICE® PERSONAL AND COMMERCIAL SERVICES AND THE USE OR MC LOGISTICS SERVICES. TO THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERSMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY THE UPS PARTIES BE LIABLE FOR ANY LOSS, INCLUDING BUT NOT LIMITED TO THE LOSS, THEFT, ALTERATION OF, UNAUTHORIZED ACCESS TO, OR ACQUISITION OF, YOUR PERSONAL INFORMATION, OR OTHER FOR ALL CLAIMS SECURITY BREACH, COMPROMISE, OR INCIDENT INVOLVING YOUR PERSONAL INFORMATION, WHETHER BY THIRD PARTIES OR OTHERWISE, ARISING OUT OF OR AS A RESULT RESULTING FROM MISUSE OR IMPAIRMENT OF THE AGREEMENT EXCEED SECURITY OF THE GREATER OF 1,000,000 USD PERSONAL INFORMATION (INCLUDING BUT NOT LIMITED TO SECURITY ACCESS CODES OR HOLIDAY INFORMATION) THAT YOU PROVIDE TO UPS AND AN MC ENTITY TO ALLOW EACH TO RENDER THE FEES PAID BY CUSTOMER UPS MY CHOICE® PERSONAL AND COMMERCIAL SERVICES AND THE MC LOGISTICS SERVICES TO LICENSOR UNDER THE APPLICABLE ORDER FORMYOU.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION IN ADDITION TO THE LIMITATIONS OF LIABILITY CONTAINED ELSEWHERE IN THIS AGREEMENT, AND IN CONSIDERATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE CHARGES HEREIN (IT BEING RECOGNIZED THAT HIGHER CHARGES WOULD BE MADE BUT FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER THE LIMITATION OF LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”SET FORTH IN THIS PARAGRAPH), IT IS UNDERSTOOD AND AGREED THAT IN NO EVENT WILL EITHER PARTY HERETO SHALL WIN’S TOTAL LIABLILITY FOR DAMAGES OR LOSSES TO CUSTOMER AND ANY OTHER PERSON RECEIVING SERVICES EXCEED THE AMOUNT THAT CUSTOMER HAS PAID TO WIN FOR SERVICES CUSTOMER RECEIVED DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT THAT GAVE RISE TO THE APPLICABLE DAMAGE OR LOSS. IN NO EVENT SHALL WIN BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECTDIRECT, INCIDENTAL, CONSEQUENTIALINDIRECT, SPECIAL, PUNITIVE, EXEMPLARY EXEMPLARY, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY SIMILAR TYPE OF OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, CONNECTION WITH THE USE OR THE INABILITY TO USE SERVICE, INCLUDING THE SOFTWARE, SOFTWARE USE OF OR INABILITY TO USE EMERGENCY 911 SERVICES, MAINTENANCE AND INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR CONSULTING SERVICESPROFITS. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, EVEN IF ADVISED BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY HOWEVER ARISING, INCLUDING NEGLIGENCE AND APPLY WHETHER OR NOT WIN WAS INFORMED OF THE POSSIBILITY LIKELIHOOD OF SUCH ANY PARTICULAR TYPE OF DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORM.

Limitation of Liability. EXCEPT FOR INFRINGEMENT END USER’S VIOLATION OF VECTRA OR MISAPPROPRIATION OF THE OTHER PARTY’S ITS LICENSORS’ INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE (INCLUDING BUT NOT LIMITED TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW A BREACH OF SECTION 1 (THE “EXCLUDED MATTERS”GRANT OF RIGHTS AND OWNERSHIP)), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE HEREUNDER TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OR UNAVAILABILITY OF OR DAMAGE TO USE, DATA, LOST REVENUE, LOST OR PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME OR COSTS OF PROCURING SUBSTITUTE SOFTWARE OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES SUPPORT SERVICES) ARISING OUT OF OR IN ANY WAY RELATED TO CONNECTION WITH THE AGREEMENT, AGREEMENT OR THE USE OR PERFORMANCE OF THE INABILITY TO USE THE SOFTWARESPLUNK MATERIALS, SOFTWARE SERVICESWHETHER SUCH LIABILITY ARISES FROM CONTRACT, MAINTENANCE WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR CONSULTING SERVICESOTHERWISE, EVEN IF AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS LOSS OR DAMAGE AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER EACH PARTY’S TOTAL CUMULATIVE LIABILITY TO THE OTHER FOR PARTY FROM ALL CLAIMS CAUSES OF ACTION AND ALL THEORIES OF LIABILITY ARISING OUT OF OR AS A RESULT OF THE AGREEMENT UNDER THIS SCHEDULE P, WILL BE LIMITED TO AND WILL NOT EXCEED THE GREATER AMOUNTS PAID OR PAYABLE BY END USER IN CONNECTION WITH THE SPLUNK MATERIALS IN THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. THE PARTIES HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY REMEDY IS FOUND TO HAVE FAILED OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMITS ESSENTIAL PURPOSE.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION NOTWITHSTANDING ANY PROVISION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE AGREEMENT TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”)CONTRARY, IN NO EVENT WILL EITHER PARTY HERETO SHALL SUPPLIER, ITS OFFICERS, DIRECTORS, AFFILIATES OR EMPLOYEES BE LIABLE FOR ANY LOSS OR UNAVAILABILITY FORM OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES, EXEMPLARY INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PRODUCTION, LOSS OF PRODUCT, LOSS OF REVENUE, LOSS OF PROFITS OR ANY SIMILAR TYPE LOSS OF DATA DAMAGES, WHETHER SUCH DAMAGES ARISING OUT ARISE IN CONTRACT OR TORT AND IRRESPECTIVE OF FAULT, NEGLIGENCE OR STRICT LIABILITY OR WHETHER SUCH PARTY HAS BEEN ADVISED IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, NOTWITHSTANDING ANY OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT PROVISION OF THE AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF SUPPLIER FOR DAMAGES WITH RESPECT TO THIS CONTRACT OR ANYTHING DONE IN CONNECTION THEREWITH, SUCH AS THE USE OF ANY PRODUCT COVERED BY OR FURNISHED UNDER THE COOPERATIVE AGREEMENT, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, SHALL NOT EXCEED THE GREATER CONTRACT PRICE FOR THE SPECIFIC PRODUCT, EQUIPMENT, MATERIAL OR SERVICE WORK PERFORMED. THE PRECEDING SENTENCE SHALL NOT APPLY TO ANY CLAIM FOR BODILY INJURY, OR TO ANY OTHER CLAIM TO THE EXTENT OF 1,000,000 USD XXXXXXXXX’X XXXXX NEGLIGENCE OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMWILLFUL MISCONDUCT. Except as provided for herein, all other terms of the Cooperative Agreement remain unchanged and in full force and effect.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL SHALL EITHER PARTY HERETO OR THEIR SUPPLIERS BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIALSPECIAL OR CONSEQUENTIAL DAMAGES, SPECIALLOSSES, PUNITIVECOSTS OR EXPENSES OF ANY KIND, EXEMPLARY HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY SIMILAR TYPE OTHER THEORY OF DAMAGES ARISING OUT LIABILITY, INCLUDING BUT NOT LIMITED TO LOST PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF GOODWILL, LOSS OF DATA OR IN ANY WAY RELATED TO THE AGREEMENTSYSTEM USE, THE USE AND OTHER BUSINESS LOSS, REGARDLESS OF WHETHER SUCH PARTY KNOWS OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS, OR EXPENSES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL SUPPLIERS' AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY BUYER FOR THE SOFTWARE AND SERVICES UNDER THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO LIMIT EITHER PARTY’S TOTAL 'S LIABILITY FOR PERSONAL INJURY (INCLUDING BODILY INJURY) OR DEATH, PROPERTY DAMAGE, OR ANY INDEMNIFICATION PROVIDED BY EITHER PARTY TO THE OTHER PARTY UNDER THIS AGREEMENT. SUPPLIER'S TOTAL, CUMULATIVE LIABILITY UNDER SECTION 11 FOR ANY AND ALL CLAIMS ARISING OUT OF OR AS A RESULT INFRINGEMENT OF PATENTS WILL BE LIMITED TO THE AGREEMENT EXCEED THE GREATER AGGREGATE AMOUNT OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORM.$[***]

Limitation of Liability. EXCEPT LICENSOR SHALL NOT BE LIABLE FOR INFRINGEMENT ANY SPECIAL, INCIDENTAL, INDIRECT, OR MISAPPROPRIATION OF THE PUNITIVE DAMAGES, OR FOR ANY ECONOMIC OR OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL LOST PROFITS OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME INCREASED OPERATING COSTS OR ANY INDIRECTDOWNTIME COSTS, INCIDENTALDATA LOSS, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE LOSS OF DAMAGES ARISING OUT USE OF EQUIPMENT OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICESSYSTEMS), EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO LICENSEE. LICENSOR WILL NOT BE LIABLE FOR (A) LOSS OF, OR DAMAGE TO, THE SELECTION RECORDS OR DATA OF LICENSEE OR ANY OTHER PARTY, OR (B) ANY DAMAGES CLAIMED BY LICENSEE BASED ON ANY THIRD PARTY CLAIM. UNDER NO CIRCUMSTANCES SHALL LICENSOR'S TOTAL LIABILITY TO LICENSEE OR ANY OTHER PARTY WITH RESPECT TO THE SOFTWARE, OTHER PRODUCTS AND PRODUCTS, SERVICES PROVIDED HEREUNDER OR OTHERWISE RELATING TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT THIS AGREEMENT OR THE SUBJECT MATTER HEREOF FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT DIRECT DAMAGES EXCEED THE GREATER OF 1,000,000 USD U.S. $1,000 OR THE TOTAL FEES PAID BY CUSTOMER TO LICENSOR LICENSEE UNDER THE APPLICABLE ORDER FORMAGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING ANY CLAIM. The limitations, exclusions, and disclaimers set forth in this Section 17 shall apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose. Except to the degree such service is covered by maintenance, no obligation or liability shall arise from Licensor’s rendering of technical or other advice or service in connection with this Agreement, including, without limitation, advice or service related to the installation or configuration of the Software or Products.

Limitation of Liability. EXCEPT IN NO EVENT WILL COMPANY BE LIABLE HEREUNDER FOR INFRINGEMENT ANY SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGSDAMAGE TO, DAMAGE TO REPUTATIONOR LOSS OF, BUSINESS INTERRUPTION, DOWNTIME COSTS ANY RECORDS OR DATA OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY CLAIM OR DEMAND DUE TO ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICESCAUSE WHATSOEVER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR SHOULD HAVE KNOWN OF SUCH POSSIBILITY. CUSTOMER ASSUMES ALL RESPONSIBILITY COMPANY’S LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR BY STATUTE OR OTHERWISE) TO CLIENT OR TO ANY THIRD PARTY CONCERNING THE PERFORMANCE OR NONPERFORMANCE OF COMPANY, ITS PRODUCT, OR SERVICES SHALL NOT IN THE AGGREGATE EXCEED THE AMOUNT PAID BY CLIENT TO COMPANY FOR INITIAL FEES PLUS THE SELECTION LESSER OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR MONTHLY FEES PAID DURING THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY INITIAL TERM OR THE MONTHLY FEES PAID TO THE OTHER DATE OF THE DETERMINATION OF SUCH LIABILITY. CLIENT’S EXCLUSIVE REMEDY FOR ALL CLAIMS ANY CLAIM ARISING OUT OF OR AS A RESULT THIS AGREEMENT SHALL BE FOR COMPANY, UPON WRITTEN NOTICE, TO HAVE THE OPPORTUNITY TO CURE THE BREACH AT ITS EXPENSE, AND FAILING THAT, THE RETURN OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER CLIENT TO LICENSOR UNDER COMPANY FOR THE APPLICABLE ORDER FORMEQUIVALENT OF INITIAL FEES PLUS THE LESSER OF THE MONTHLY FEES PAID DURING THE INITIAL TERM OR THE MONTHLY FEES PAID TO THE DATE OF THE DETERMINATION OF SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE (I) LE’S INDEMNITY AND DEFENSE OBLIGATIONS AS SET FORTH IN SECTIONS 7.1 AND 7.2 AND OTHER LIABILITIES TO UNAFFILIATED THIRD PARTIES, AND (II) A PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED BREACH OF ITS CONFIDENTIALITY OBLIGATIONS UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”)THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY HERETO PARTY, NOR ITS AFFILIATES, CONTRACTORS OR AGENTS BE LIABLE FOR ANY LOSS CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR UNAVAILABILITY OF PUNITIVE DAMAGES, LOSSES OR DAMAGE TO DATAEXPENSES (INCLUDING BUSINESS INTERRUPTION, LOST REVENUEBUSINESS, LOST PROFITS, FAILURE TO REALIZE EXPECTED LOST DATA, OR LOST SAVINGS, DAMAGE DAMAGES TO REPUTATIONSOFTWARE OR FIRMWARE, BUSINESS INTERRUPTIONOR COST OF PROCURING OR TRANSITIONING TO SUBSTITUTE SERVICES), DOWNTIME COSTS OR ANY INDIRECTREGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE AND REGARDLESS OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF WHETHER A PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLIABILITY. CUSTOMER ASSUMES THE SOLE LIABILITY OF SHMC AND ITS AFFILIATES FOR ANY ERRORS AND OMISSIONS IN THE SERVICES ARE LIMITED AS PROVIDED ABOVE AND FOR ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER ALL CLAIMS IN ANY MANNER RELATED TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY THIS AGREEMENT ARE LIMITED TO THE OTHER PAYMENT OF DIRECT DAMAGES, NOT TO EXCEED (FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF IN THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR AGGREGATE) THE FEES PAID RECEIVED BY CUSTOMER SHMC UNDER THIS AGREEMENT DURING THE PRIOR SIX (6) MONTHS PRIOR TO LICENSOR UNDER THE APPLICABLE ORDER FORMDATE SUCH CLAIM AROSE. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, SHMC WILL NOT BE LIABLE FOR DAMAGES CAUSED BY SHMC’S THIRD-PARTY CONTRACTORS, INCLUDING THE PERSONS PROVIDING SERVICES PURSUANT TO THE PROCESSING AGREEMENTS.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL SHALL EITHER PARTY HERETO OR ITS SUPPLIERS BE LIABLE TO THE OTHER FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR TECHNOLOGY OR SERVICES, LOSS OF PROFITS, THEFT, CORRUPTION, LOSS, OR DESTRUCTION, UNAUTHORIZED ACCESS TO, UNINTENTIONAL DISCLOSURE OR ALTERATION OF ANY DATA, OR FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATASPECIAL, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIALPUNITIVE OR INDIRECT DAMAGES ON ANY THEORY OF LIABILITY, SPECIALWHETHER IN CONTRACT, PUNITIVETORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), EXEMPLARY STRICT LIABILITY OR ANY SIMILAR TYPE OF DAMAGES OTHERWISE. EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR UNDER THIS AGREEMENT OR FOR BREACH OF THIS AGREEMENT OR IN CONNECTION WITH THE PROVISION OF ACCESS TO ANY WAY RELATED 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 FOR THE SPECIFIC LICENSED MATERIALS OVER THE PRECEDING TWELVE (12) MONTH PERIOD (AND IN THE CASE OF CUSTOMER’S LIABILITY ANY AMOUNTS PAID OR DUE FOR THE SPECIFIC LICENSED MATERIALS OVER THE PRECEDING TWELVE (12) MONTH PERIOD) IN CONNECTION WITH THIS AGREEMENT. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO ANY FEES DUE TO QIAGEN HEREUNDER OR ANY BREACH OF SECTION 2 RIGHTS OF ACCESS AND USE, SECTION 3 CUSTOMER RESTRICTIONS, OBLIGATIONS AND LIMITATIONS OR SECTION 7 CONFIDENTIALITY, OR EITHER PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 10. THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF A PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER WILL QIAGEN BE RESPONSIBLE FOR THE PROVISION, FUNCTIONALITY, COSTS OR PERFORMANCE OF ANY SOFTWARE, HARDWARE OR SYSTEM PROVIDED BY A THIRD PARTY’S TOTAL LIABILITY , INCLUDING BUT NOT LIMITED TO THE AMAZON WEB SERVICES, CLC GENOMICS CLOUD ENGINE OR OTHER FOR ALL CLAIMS ARISING OUT CLOUD-BASED SERVICES (“CLOUD SERVICES”). THE SOFTWARE INCLUDING THE CLOUD SERVICES INFRASTRUCTURE LEVERAGES AND SATISFIES THE CURRENT SECURITY REQUIREMENTS AND STANDARDS INHERENT TO THE CLOUD SERVICES IT IS DEPLOYED AND RUN ON. HOWEVER, IT IS THE CUSTOMERS SOLE RESPONSIBILITY TO CHECK AND ENSURE THAT THE SOFTWARE INSTALLATION AND CONFIGURATION ON CUSTOMER’S AMAZON WEB SERVICES ACCOUNT ADHERES TO ITS STANDARDS AND LEVEL OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID SECURITY DESIRED BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMCUSTOMER.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL SHALL EITHER PARTY HERETO BE LIABLE TO THE OTHER PARTY OR END USER OR ANY THIRD PARTY, NOR SHALL CUSTOMER BE LIABLE TO QTI FOR ANY LOSS INCIDENTAL, INDIRECT, CONSEQUENTIAL OR UNAVAILABILITY OF OR DAMAGE SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DATA, LOST REVENUE, ANY LOST PROFITS, FAILURE TO REALIZE EXPECTED LOST SAVINGS, DAMAGE TO REPUTATIONOR OTHER INCIDENTAL DAMAGES, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE USE, OR THE SOFTWAREDELIVERY OR FAILURE TO DELIVER, ANY OF THE PRODUCT OR ANY SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICESDOCUMENTATION, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY THE FOREGOING LIMITATION OF LIABILITY SHALL REMAIN IN FULL FORCE AND EFFECT REGARDLESS OF WHETHER CUSTOMER’S REMEDIES HEREUNDER ARE DETERMINED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. FURTHER, EXCLUDING BREACHES OF SECTION 20, AND QTI’S INDEMNITY OBLIGATIONS UNDER THE PRIOR AGREEMENT FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER SOLD TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY CUSTOMER PRIOR TO THE OTHER AMENDED AND RESTATED EFFECTIVE DATE, THE ENTIRE LIABILITY OF EACH PARTY FOR ALL CLAIMS ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF HEREUNDER (WHETHER IN CONTRACT, TORT, OR AS A RESULT OF THE AGREEMENT OTHERWISE) SHALL NOT EXCEED THE GREATER OF 1,000,000 USD AMOUNTS INVOICED OR THE FEES ACTUALLY PAID TO QTI BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMTHIS AGREEMENT.

Limitation of Liability. EXCEPT LICENSOR SHALL NOT BE LIABLE FOR INFRINGEMENT ANY SPECIAL, INCIDENTAL, INDIRECT, OR MISAPPROPRIATION OF THE PUNITIVE DAMAGES, OR FOR ANY ECONOMIC OR OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL LOST PROFITS OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME INCREASED OPERATING COSTS OR ANY INDIRECTDOWNTIME COSTS, INCIDENTALDATA LOSS, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE LOSS OF DAMAGES ARISING OUT USE OF EQUIPMENT OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICESSYSTEMS), EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO LICENSEE. LICENSOR WILL NOT BE LIABLE FOR (A) LOSS OF, OR DAMAGE TO, THE SELECTION RECORDS OR DATA OF LICENSEE OR ANY OTHER PARTY, OR (B) ANY DAMAGES CLAIMED BY LICENSEE BASED ON ANY THIRD PARTY CLAIM. UNDER NO CIRCUMSTANCES SHALL LICENSOR'S TOTAL LIABILITY TO LICENSEE OR ANY OTHER PARTY WITH RESPECT TO THE SOFTWARE, OTHER PRODUCTS AND PRODUCTS, SERVICES PROVIDED HEREUNDER OR OTHERWISE RELATING TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT THIS AGREEMENT OR THE SUBJECT MATTER HEREOF FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT DIRECT DAMAGES EXCEED THE GREATER OF 1,000,000 USD U.S. $1,000 OR THE TOTAL FEES PAID BY CUSTOMER TO LICENSOR LICENSEE UNDER THE APPLICABLE ORDER FORMAGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING ANY CLAIM. The limitations, exclusions, and disclaimers set forth in this Section 18 shall apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose. Except to the degree such service is covered by maintenance, no obligation or liability shall arise from Licensor’s rendering of technical or other advice or service in connection with this Agreement, including, without limitation, advice or service related to the installation or configuration of the Software or Products.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDINGCustomer agrees that the damages to which it is entitled from Elevate or from any other party under this Agreement are limited to the cost of the Service or Services to Customer and, WITHOUT LIMITATIONif applicable, TRADE SECRETSto obtain the replacement or repair of any defective software provided by Elevate. ELEVATE, DAMAGE FOR BODILY INJURYITS OFFICERS, DEATHOPERATING MANAGERS, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY OWNERS, PARENT COMPANY, EMPLOYEES, AFFILIATES AND AGENTS (“ELEVATE PARTIES”) WILL NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS INTERRUPTIONS IN SERVICE OR UNAVAILABILITY OF LIABLE FOR ANY DELAY OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGSPERFORM, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR NOR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY PUNITIVE OR ANY SIMILAR TYPE OF CONSEQUENTIAL DAMAGES ARISING THAT ARISE OUT OF OR IN ANY WAY RELATED RELATE TO THE AGREEMENT, THE USE THIS AGREEMENT OR THE INABILITY TO USE SERVICE PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION BUSINESS INTERRUPTION, LOST PROFITS, COMPUTER FAILURE OR MALFUNCTION, ANY DAMAGES FOR LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS. THE ELEVATE PARTIES MAKE NO WARRANTY, EITHER EXPRESSED OR IMPLIED, AND NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, REGARDING ELEVATE EQUIPMENT, SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SERVICES FURNISHED TO CUSTOMER. ALL SUCH DAMAGESWARRANTIES ARE EXPRESSLY EXCLUDED. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL THE ELEVATE PARTIES HAVE ANY LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO THE OTHER FOR ALL CLAIMS ARISING OUT OF EQUIPMENT OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD RESULTING FROM ELEVATE’S FURNISHING OR THE FEES PAID BY FAILURE TO FURNISH ANY SERVICES OR EQUIPMENT TO CUSTOMER OR FROM ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN SERVICES OR EQUIPMENT FURNISHED TO LICENSOR UNDER THE APPLICABLE ORDER FORMCUSTOMER.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION WITHOUT LIMITING ANY EXPRESS PROVISIONS OF THIS SERVICE AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDINGOTHER, WITHOUT LIMITATIONANY END USER, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER THIRD PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTALCONSEQUENTIAL, CONSEQUENTIALEXEMPLARY, SPECIAL, PUNITIVEINCIDENTAL, EXEMPLARY RELIANCE, OR ANY SIMILAR TYPE OF PUNITIVE DAMAGES (INCLUDING LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE CONNECTION WITH THIS SERVICE AGREEMENT OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE PROVISION OF SERVICES, MAINTENANCE INCLUDING ANY SERVICE IMPLEMENTATION DELAYS OR CONSULTING SERVICESFAILURES, UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY, MISREPRESENTATION, OR NEGLIGENCE, EVEN IF ADVISED THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY OF CUSTOMER’S PAYMENT OBLIGATIONS UNDER THIS SERVICE AGREEMENT. SPECTRUM’S MAXIMUM LIABILITY TO CUSTOMER ASSUMES ALL RESPONSIBILITY WITH REGARD TO ANY SERVICE ORDER SHALL NOT EXCEED THE AMOUNT, EXCLUDING OTCS, PAID OR PAYABLE BY CUSTOMER TO SPECTRUM FOR THE SELECTION OF APPLICABLE SERVICE ORDER IN THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THREE (3) MONTHS IMMEDIATELY PRECEDING THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY EVENTS GIVING RISE TO THE OTHER CLAIM. SPECTRUM SHALL NOT BE RESPONSIBLE FOR ALL CLAIMS ANY LOSSES OR DAMAGES ARISING OUT OF OR AS A RESULT OF THE AGREEMENT EXCEED UNAVAILABILITY OF THE GREATER OF 1,000,000 USD SERVICE, INCLUDING THE INABILITY TO REACH 911 OR ANY OTHER EMERGENCY SERVICES, THE FEES PAID BY CUSTOMER INABILITY TO LICENSOR UNDER THE APPLICABLE ORDER FORMCONTACT A SECURITY SYSTEM OR REMOTE MEDICAL OR OTHER MONITORING SERVICE PROVIDER OR ANY FAILURE OR FAULT RELATING TO CUSTOMER-PROVIDED EQUIPMENT, FACILITIES, OR SERVICES.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF BOTH PARTIES HEREBY AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, SUBJECT TO SECTION 18.4, EACH PARTY’S LIABILITY TO THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS AND ALL INJURIES, CLAIMS, LOSSES, EXPENSES, OR UNAVAILABILITY OF OR DAMAGE TO DATADAMAGES, LOST REVENUEWHATSOEVER, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT FROM ANY CAUSE OR CAUSES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, ERRORS, OMISSIONS OR STRICT LIABILITY, SHALL NOT EXCEED, IN THE AGGREGATE, [*] = Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. THE TOTAL VALUE OF THE PROJECT AND THIS AGREEMENT (WHICH SHALL INCLUDE THE TOTAL CHARGES PAID BY CLIENT TO LONZA, THE ESTIMATED VALUE OF THE PROJECT AS SET FORTH IN THE PROJECT PLAN AS OF THE EFFECTIVE DATE OF THIS AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY ANY ADJUSTMENTS TO THE PROJECT AND THE PROJECT PLAN, AND ALL OTHER SERVICES REQUESTED BY CLIENT TO BE PROVIDED BY LONZA. TO THE EXTENT THAT THIS CLAUSE CONFLICTS WITH ANY OTHER CLAUSE, THIS CLAUSE SHALL TAKE PRECEDENCE OVER SUCH CONFLICTING CLAUSE. IF APPLICABLE LAW PREVENTS ENFORCEMENT OF THIS CLAUSE, THEN THIS CLAUSE SHALL BE DEEMED MODIFIED TO PROVIDE THE MAXIMUM PROTECTION FOR ALL CLAIMS ARISING OUT OF OR EITHER PARTY AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR IS ALLOWABLE UNDER THE APPLICABLE ORDER FORMLAW.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO SHALL PWNIE EXPRESS BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, SPECIALOR PUNITIVE DAMAGES, PUNITIVEWHETHER FORESEEABLE OR UNFORESEEABLE, EXEMPLARY OR OF ANY SIMILAR TYPE KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENTINCOME, THE DATA, GOODWILL, USE OR THE INABILITY TO USE THE SOFTWAREINFORMATION, SOFTWARE DOWNTIME OR COSTS OF SUBSTITUTE SERVICES), MAINTENANCE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR CONSULTING SERVICESOTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERSPWNIE EXPRESS’S OBLIGATIONS PURSUANT TO SECTION 13 (PATENT AND COPYRIGHT INDEMNIFICATION), IN NO EVENT SHALL EITHER PARTYPWNIE EXPRESS’S TOTAL AGGREGATE LIABILITY TO THE LICENSEE FOR LOSSES, DAMAGES, COSTS, EXPENSES AND OTHER FOR ALL CLAIMS AMOUNTS ARISING OUT OF OR AS A RESULT RELATING TO THIS AGREEMENT OR THE SOFTWARE OR SENSORS, REGARDLESS OF THE AGREEMENT THEORY OF LIABILITY, SHALL IN NO EVENT EXCEED THE GREATER AMOUNT OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER LICENSEE TO LICENSOR PWNIE EXPRESS UNDER THIS AGREEMENT FOR THE APPLICABLE ORDER FORMRELEVANT SOFTWARE OR SENSORS GIVING RISE TO SUCH LIABILITY IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE OF ANY CLAIM.

Limitation of Liability. EXCEPT FOR INFRINGEMENT MERCHANT ACKNOWLEDGES AND AGREES THAT ACTIONS OR MISAPPROPRIATION INACTIONS OF THIRD PARTIES MAY RESULT IN SITUATIONS IN WHICH MERCHANT’S INTERNET CONNECTION, OR USE OF THE ONLINE SERVICE, MAY BE IMPAIRED, DISRUPTED OR DAMAGED. COMPANY DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE INTERNET AND SO DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH ACTIONS OR INACTIONS. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER, EITHER IN CONTRACT OR IN TORT, FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING UNDER THIS AGREEMENT, FROM ANY NEGLIGENCE OR DEFECT OR INTERRUPTION IN ONLINE SERVICE, OR FOR ANY OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS BREACH OF THIS AGREEMENT OR ANY AMENDMENT THERETO (INCLUDING, WITHOUT LIMITATION, TRADE SECRETSANY FAILURE OF A PARTY TO COMPLY WITH ANY STATUTE, DAMAGE FOR BODILY INJURYREGULATION OR COURT ORDER APPLICABLE TO ITS BUSINESS). THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY ERROR, DEATHOMISSION, DAMAGE TO REAL INTERRUPTION, DELETION, DELAY, COMPUTER VIRUS, THEFT OR TANGIBLE PERSONAL PROPERTY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR INTENTIONAL MISCONDUCT USE OF THE SERVICES, THE ONLINE SERVICE OR GROSS NEGLIGENCE OR OF ANY OTHER LIABILITY DATA THEREIN. ANY DAMAGES THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE IS REQUIRED TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY PAY TO THE OTHER PARTY FOR ALL CLAIMS ARISING OUT ANY REASON WHATSOEVER SHALL BE LIMITED TO THE AMOUNTS OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE ACCOUNT FEES PAID TO COMPANY UNDER THIS AGREEMENT. THE PARTIES AGREE TO THE ALLOCATION OF LIABILITY SET FORTH IN THIS SECTION ENTITLED “LIMITATION OF LIABILITY” EVEN IF THERE IS A FAILURE OF ESSENTIAL PURPOSE OF A REMEDY, A MATERIAL BREACH BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMA PARTY OR OTHER EVENT.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION THE LIABILITY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS MC ENTITY IN RELATION TO THE ORDERED SERVICES, INCLUDING LIABILITY FOR LOSS OR DAMAGE TO A PACKAGE, OR DELAYED DELIVERY SHALL BE LIMITED PURSUANT TO THE APPLICABLE MC TERMS. THE MC ENTITY UNDER THE APPLICABLE MC TERMS DOES NOT ACCEPT RESPONSIBILITY FOR PURELY ECONOMIC LOSSES, SUCH AS THE COST OF ANY ALTERNATIVE MEANS OF TRANSPORT, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF REVENUE. THE UPS SERVICE GUARANTEE/MONEY BACK GUARANTEE (TO THE EXTENT MADE AVAILABLE BY THE APPLICABLE MC ENTITY IN YOUR LOCATION OR COUNTRY/TERRITORY OF RESIDENCE) SHALL NOT APPLY TO PACKAGES SUBJECT TO THE ORDERED SERVICES, INCLUDING, WITHOUT LIMITATION, TRADE SECRETSA CHANGE IN SERVICE LEVEL. ALL CLAIMS FOR LOSS OR DAMAGE OR DELAY SHALL BE NOTIFIED TO THE MC ENTITY IN ACCORDANCE WITH THE APPLICABLE MC TERMS BY THE ORIGINAL SHIPPER OR, DAMAGE WHERE REQUIRED UNDER APPLICABLE LAW, BY THE CONSIGNEE. UPS AND THE MC ENTITY SHALL NOT BE HELD RESPONSIBLE FOR BODILY INJURY, DEATH, DAMAGE LOSSES THAT ARE (I) NOT DUE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS ITS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER (II) DUE TO AN EVENT OF FORCE MAJEURE (AS DEFINED BY APPLICABLE LAW (THE “EXCLUDED MATTERS”LAW), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED REGARDS TO THE AGREEMENT, UPS MY CHOICE® PERSONAL AND COMMERCIAL SERVICES AND THE USE OR ORDERED SERVICES. TO THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERSMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY UPS AND THE MC ENTITY BE LIABLE FOR ANY LOSS, INCLUDING BUT NOT LIMITED TO THE LOSS, THEFT, ALTERATION OF, UNAUTHORIZED ACCESS TO, OR ACQUISITION OF, YOUR PERSONAL INFORMATION, OR OTHER FOR ALL CLAIMS SECURITY BREACH, COMPROMISE, OR INCIDENT INVOLVING YOUR PERSONAL INFORMATION, WHETHER BY THIRD PARTIES OR OTHERWISE, ARISING OUT OF OR AS A RESULT RESULTING FROM MISUSE OR IMPAIRMENT OF THE AGREEMENT EXCEED SECURITY OF THE GREATER OF 1,000,000 USD PERSONAL INFORMATION (INCLUDING BUT NOT LIMITED TO SECURITY ACCESS CODES OR HOLIDAY INFORMATION) THAT YOU PROVIDE TO UPS AND AN MC ENTITY TO ALLOW EACH TO RENDER THE FEES PAID BY CUSTOMER UPS MY CHOICE® PERSONAL AND COMMERCIAL SERVICES AND THE ORDERED SERVICES TO LICENSOR UNDER THE APPLICABLE ORDER FORMYOU.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF TO THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (THE “EXCLUDED MATTERS”)LAW, IN NO EVENT WILL EITHER PARTY HERETO THE COUCHBASE PARTIES BE LIABLE FOR TO CUSTOMER OR TO ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR THIRD PARTY FOR: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES; OR ANY SIMILAR TYPE (B) THE COST OF DAMAGES PROCURING SUBSTITUTE PRODUCTS OR PROFESSIONAL SERVICES ARISING OUT OF OR IN ANY WAY RELATED RELATING TO THE THIS AGREEMENT, OR THE USE OF OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE DOCUMENTATION OR THE PROFESSIONAL SERVICES; OR (C) DAMAGES OR OTHER LOSSES FOR LOSS OF USE, MAINTENANCE LOSS OF BUSINESS, LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, COMPUTER FAILURE OR CONSULTING SERVICES, ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION THEREOF AND REGARDLESS OF THE SOFTWARELEGAL OR EQUITABLE THEORY (CONTRACT, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERSMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY’S TOTAL WILL THE COUCHBASE PARTIES’ AGGREGATE LIABILITY TO THE OTHER FOR CUSTOMER, FROM ALL CLAIMS ARISING OUT CAUSES OF OR AS A RESULT ACTION AND UNDER ALL THEORIES OF THE AGREEMENT LIABILITY, EXCEED THE GREATER TOTAL AMOUNT OF 1,000,000 USD OR THE FEES PAID OR DUE AND OWING UNDER THE APPLICABLE ORDER(S) BY CUSTOMER TO LICENSOR UNDER COUCHBASE THAT ARE ATTRIBUTABLE TO THE APPLICABLE ORDER FORM.GIVING RISE TO THE LIABILITY IN THE TWELVE

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF TO THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”)LAW, IN NO EVENT WILL EITHER PARTY HERETO SHALL SPECTRALINK OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECTSPECIAL, INCIDENTAL, CONSEQUENTIALINDIRECT, SPECIALOR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, PUNITIVEWITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUE; BUSINESS INTERRUPTION OR WORK STOPPAGE; COMPUTER FAILURE OR MALFUNCTION; LOSS OF BUSINESS INFORMATION, EXEMPLARY DATA OR DATA USE; LOSS OF GOODWILL; OR ANY SIMILAR TYPE OF DAMAGES OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR IN ANY WAY RELATED INABILITY TO USE THE SOFTWARE OR SPECTRALINK'S PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF SPECTRALINK OR ITS SUPPLIER COULD HAVE FORESEEN OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE AGREEMENTFULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL SPECTRALINK’S SUPPLIERS BE LIABLE FOR ANY DIRECT DAMAGES WHATSOEVER ARISING OUT OF THE USE OR THE INABILITY TO USE THE SOFTWARE. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, SPECTRALINK'S AGGREGATE LIABILITY UNDER THIS SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY LICENSE AGREEMENT SHALL BE LIMITED TO AMOUNT ACTUALLY PAID BY YOU FOR THE SELECTION OF THE SOFTWARESOFTWARE OR U.S. $300.00, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMWHICHEVER IS LESS.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), PTI SHALL IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE TO CUSTOMER OR ANY PERSON OR ENTITY USING ANY SERVICE SUPPLIED UNDER THIS MTSA FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATATIME, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS INCONVENIENCE, LOSS OR DAMAGE OF DATA, LOSS OF USE OF ANY PRODUCT OR EQUIPMENT OR PROPERTY DAMAGE CAUSED BY ANY TECHNICIAN, PRODUCT OR EQUIPMENT OR THEIR FAILURE TO WORK, OR FOR ANY OTHER INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVERELIANCE, EXEMPLARY INCIDENTAL OR ANY SIMILAR TYPE OF DAMAGES CONSEQUENTIAL LOSS OR DAMAGE ARISING OUT OF THIS MTSA OR IN ANY WAY RELATED TO THE AGREEMENTOBLIGATION RESULTING THEREFROM, OR THE USE OR THE INABILITY TO USE THE SOFTWAREPERFORMANCE OF ANY PRODUCT OR PRODUCTS WHETHER IN AN ACTION FOR OR ARISING OUT OF ALLEGED BREACH OF WARRANTY, SOFTWARE SERVICESALLEGED BREACH OF CONTRACT, MAINTENANCE DELAY, NEGLIGENCE (ACTIVE OR CONSULTING SERVICESPASSIVE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGESSTRICT TORT LIABILITY OR OTHERWISE. CUSTOMER ASSUMES ALL RESPONSIBILITY PTI'S ENTIRE LIABILITY FOR THE SELECTION OF THE SOFTWAREANY CLAIM OR LOSS, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERSDAMAGE, OR EXPENSE FROM ANY CAUSE WHATSOEVER, SHALL IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES ACTUALLY PAID BY CUSTOMER CUSTOMER. NO ACTION OR PROCEEDING AGAINST PTI MAY BE COMMENCED MORE THAN ONE YEAR AFTER THE SERVICES ARE COMPLETED EXCEPT FOR PTI CLAIMS RELATING TO LICENSOR UNDER THE APPLICABLE ORDER FORMCOLLECTION OF FEES DUE AND PAYABLE BY CUSTOMER. THIS PARAGRAPH SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL SHALL EITHER PARTY HERETO OR ITS SUPPLIERS BE LIABLE TO THE OTHER FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR TECHNOLOGY OR SERVICES, LOSS OF PROFITS, THEFT, CORRUPTION, LOSS, OR DESTRUCTION, UNAUTHORIZED ACCESS TO, UNINTENTIONAL DISCLOSURE OR ALTERATION OF ANY DATA, OR FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATASPECIAL, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIALPUNITIVE OR INDIRECT DAMAGES ON ANY THEORY OF LIABILITY, SPECIALWHETHER IN CONTRACT, PUNITIVETORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), EXEMPLARY STRICT LIABILITY OR ANY SIMILAR TYPE OF DAMAGES OTHERWISE. EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR UNDER THIS AGREEMENT OR FOR BREACH OF THIS AGREEMENT OR IN CONNECTION WITH THE PROVISION OF ACCESS TO ANY WAY RELATED 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 FOR THE SPECIFIC LICENSED MATERIALS OVER THE PRECEDING TWELVE (12) MONTH PERIOD (AND IN THE CASE OF CUSTOMER’S LIABILITY ANY AMOUNTS PAID OR DUE FOR THE SPECIFIC LICENSED MATERIALS OVER THE PRECEDING TWELVE (12) MONTH PERIOD) IN CONNECTION WITH THIS AGREEMENT. THE 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 USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF A PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER WILL QIAGEN BE RESPONSIBLE FOR THE PROVISION, FUNCTIONALITY, COSTS OR PERFORMANCE OF ANY SOFTWARE, HARDWARE OR SYSTEM PROVIDED BY A THIRD PARTY’S TOTAL LIABILITY , INCLUDING BUT NOT LIMITED TO THE AMAZON WEB SERVICES, CLC GENOMICS CLOUD ENGINE OR OTHER FOR ALL CLAIMS ARISING OUT CLOUD-BASED SERVICES (“CLOUD SERVICES”). THE SOFTWARE INCLUDING THE CLOUD SERVICES INFRASTRUCTURE LEVERAGES AND SATISFIES THE CURRENT SECURITY REQUIREMENTS AND STANDARDS INHERENT TO THE CLOUD SERVICES IT IS DEPLOYED AND RUN ON. HOWEVER, IT IS THE CUSTOMERS SOLE RESPONSIBILITY TO CHECK AND ENSURE THAT THE SOFTWARE INSTALLATION AND CONFIGURATION ON CUSTOMER’S AMAZON WEB SERVICES ACCOUNT ADHERES TO ITS STANDARDS AND LEVEL OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID SECURITY DESIRED BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMCUSTOMER.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE UNDER THIS AGREEMENT FOR ANY LOSS CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, OR UNAVAILABILITY OF OR DAMAGE TO INCIDENTAL DAMAGES, INCLUDING ANY LOST DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS PROFITS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE ARISING FROM OR CONSULTING SERVICES, RELATING TO THIS AGREEMENT EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES LOGRHYTHM’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, THE SOFTWARE AND ANY SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF FEES PAID TO LOGRHYTHM DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. IN ADDITION, LOGRHYTHM DISCLAIMS ALL RESPONSIBILITY FOR LIABILITY OF ANY KIND OF LOGRHYTHM’S LICENSORS. THE SELECTION FOREGOING LIMITATIONS OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER LIABILITY SHALL NOT APPLY TO ACHIEVE CUSTOMER’S INTENDED RESULTSBREACH OF SECTIONS 2 OR 10 OR ANY INDEMNITY OBLIGATIONS IN SECTION 8.1. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER ANY THIRD PARTY SOFTWARE LICENSOR BE LIABLE UNDER THIS AGREEMENT FOR ALL CLAIMS ARISING OUT OF ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, THAT MAY ARISE AS A RESULT OF THE AGREEMENT EXCEED USE OF THE GREATER OF 1,000,000 USD OR THIRD PARTY SOFTWARE IN CONNECTION WITH THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMSOFTWARE.

Limitation of Liability. EXCEPT CONTRACTOR’S LIABILITY FOR INFRINGEMENT DAMAGES TO THE STATE OR MISAPPROPRIATION ANY PURCHASING ENTITY ARISING OUT OF THE OTHER PARTYPRODUCTS OR SERVICES PROVIDED TO PURCHASING ENTITIES PURSUANT TO THIS AGREEMENT SHALL NOT EXCEED THREE TIMES THE MAXIMUM AMOUNT PAYABLE UNDER THE APPLICABLE SOW AGREEMENT , OR $2,000,000.00, WHICHEVER IS LESS. LIMITS OF LIABILITY FOR PURCHASING ENTITY CLAIMS SHALL NOT APPLY TO PURCHASING ENTITY CLAIMS ARISING OUT OF: (A) CONTRACTOR’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, OBLIGATION TO INDEMNIFY THE PURCHASING ENTITY; (B) CONTRACTOR’S CONFIDENTIALITY OBLIGATIONS TO THE PURCHASING ENTITY; (C) PERSONAL INJURY OR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY PROPERTY; (D) CONTRACTOR’S GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT MISCONDUCT; OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED E) VIOLATIONS OF THE POSSIBILITY STATE OF SUCH DAMAGESVERMONT FALSE CLAIMS ACT. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTYTHIS LIMIT OF LIABILITY BE CONSTRUED TO LIMIT CONTRACTOR’S TOTAL LIABILITY FOR THIRD PARTY CLAIMS AGAINST THE CONTRACTOR WHICH MAY ARISE OUT OF CONTRACTOR’S ACTS OR OMISSIONS IN THE PERFORMANCE OF THIS CONTRACT. NEITHER THE CONTRACTOR NOR THE PURCHASING ENTITY SHALL BE LIABLE TO THE OTHER FOR ALL CLAIMS ANY INDIRECT, INCIDENTAL OR SPECIAL DAMAGES, DAMAGES WHICH ARE UNFORESEEABLE TO THE PARTIES AT THE TIME OF CONTRACTING, DAMAGES WHICH ARE NOT PROXIMATELY CAUSED BY A PARTY, SUCH AS LOSS OF ANTICIPATED BUSINESS, OR LOST PROFITS, INCOME, GOODWILL, OR REVENUE IN CONNECTION WITH OR ARISING OUT OF OR AS A RESULT THE SUBJECT MATTER OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMTHIS CONTRACT. The provisions of this Section shall apply notwithstanding any other provisions of this Contract or any other agreement.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF NOTWITHSTANDING ANYTHING HEREIN TO THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDINGCONTRARY, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY AXION WILL NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVEOR CONSEQUENTIAL DAMAGES, EXEMPLARY OR ANY SIMILAR TYPE DAMAGES RESULTING FROM LOST DATA OR LOST PROFITS, OR COSTS OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWAREPROCURING SUBSTITUTE GOODS, SOFTWARE OR SERVICES, MAINTENANCE OR CONSULTING SERVICESHOWEVER ARISING, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY AXION’S LIABILITY FOR DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH THE SELECTION RELATIONSHIP OF THE PARTIES, THIS AGREEMENT, ITS NEGOTIATION OR TERMINATION, OR THE PROVISION OR NON-PROVISION OF SOFTWARE, OTHER PRODUCTS AND DOCUMENTATION OR SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS(WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY LICENSEE TO AXION UNDER THIS AGREEMENT, AND IF SUCH DAMAGES RESULT FROM A SOFTWARE MODULE OR SERVICES, SUCH LIABILITY SHALL EITHER PARTY’S TOTAL LIABILITY BE LIMITED TO FEES PAID FOR THE SPECIFIC SOFTWARE MODULE(S) OR SERVICES GIVING RISE TO THE OTHER LIABILITY FROM WHICH THE CLAIM AROSE. THE PARTIES AGREE TO THE ALLOCATION OF LIABILITY SET FORTH IN THIS SECTION ENTITLED “LIMITATION OF LIABILITY”. LICENSEE ACKNOWLEDGES THAT WITHOUT ITS AGREEMENT TO THE LIMITATIONS CONTAINED HEREIN, THE FEES CHARGED FOR ALL CLAIMS ARISING OUT THE SOFTWARE AND SERVICES WOULD BE HIGHER. NEITHER AXION, NOR PEOPLESOFT, WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, OR COSTS OF PROCURING SUBSTITUTE GOODS, SOFTWARE OR AS A RESULT SERVICES, HOWEVER ARISING, EVEN IF IT HAS BEEN ADVISED OF THE AGREEMENT EXCEED THE GREATER POSSIBILITY OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMSUCH DAMAGES.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERSAS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT ANY OF THE GBCI INDEMNITEES BE LIABLE TO YOU, YOUR AGENT OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES OR COSTS DUE TO LOSS OF PROFITS, TAX CREDITS, ECONOMIC BENEFITS, DATA, LOSS OF GOODWILL, OR PERSONAL OR OTHER PROPERTY DAMAGE REGARDING THIS AGREEMENT EXCEED OR RESULTING FROM OR IN CONNECTION WITH THE GREATER PERFORMANCE OF 1,000,000 USD THIS AGREEMENT BY ANY GBCI INDEMNITEE OR IN CONNECTION WITH THE PROGRAM, ANY OPTIONAL SERVICES, THE RATING SYSTEM, THE MPRS, THE CERTIFICATION GUIDE, THE REFERENCE GUIDE, LEED ONLINE OR ANY APPLICATION OR FORM, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN NOTIFIED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. REGARDLESS OF THE FOREGOING, AND WITHOUT LIMITING ANY OTHER PROVISION HEREIN, (I) YOUR SOLE REMEDY VIS A VIS GBCI, GBCI'S SUBCONTRACTORS AND USGBC SHALL BE LIMITED TO A RETURN OF FEES PAID BY CUSTOMER YOU TO LICENSOR GBCI; AND (II) IN NO EVENT SHALL GBCI, GBCI'S SUBCONTRACTORS OR USGBC BE LIABLE, IN THE AGGREGATE, TO YOU, YOUR AGENT OR ANY THIRD PARTY IN EXCESS OF THE TOTAL AMOUNT OF FEES PAID BY YOU TO GBCI UNDER THIS AGREEMENT FOR THE APPLICABLE ORDER FORMPRODUCT OR SERVICE TO WHICH SUCH CLAIM RELATES. FURTHER, WHILE GBCI TAKES REASONABLE EFFORTS TO ENSURE THE FUNCTIONALITY OF LEED ONLINE, THE APPLICATION, AND EACH FORM CONTAINED THEREIN, ANY OF THE FOREGOING MAY CONTAIN CALCULATIVE, PROGRAMMATIC OR OTHER ERRORS, INCLUDING ERRORS THAT COULD RESULT IN INTERRUPTION OF SERVICE OR LOSS OF DATA, OR POTENTIALLY CAUSE A FORM TO MISREPRESENT COMPLIANCE OR NON- COMPLIANCE WITH A PREREQUISITE OR CREDIT, AND, ACCORDINGLY, IN NO EVENT SHALL ANY GBCI INDEMNITEE BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY SUCH ERRORS. GBCI AGREES THAT IN NO EVENT SHALL YOU BE LIABLE, IN THE AGGREGATE, TO GBCI AND THE GBCI AFFILIATES FOR CLAIMS IN CONNECTION WITH THIS AGREEMENT (EXCEPTING COSTS YOU INCUR RELATING TO YOUR DUTY TO INDEMNIFY THE GBCI INDEMNITEES AND ANY COSTS RELATING TO CLAIMS OF YOUR INFRINGEMENT OR MATERIAL BREACH OF WARRANTIES) IN EXCESS OF FIVE TIMES THE AMOUNT YOU PAY UNDER THIS AGREEMENT.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL SHALL EITHER PARTY HERETO OR THEIR SUPPLIERS BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIALSPECIAL OR CONSEQUENTIAL DAMAGES, SPECIALLOSSES, PUNITIVECOSTS OR EXPENSES OF ANY KIND, EXEMPLARY HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY SIMILAR TYPE OTHER THEORY OF DAMAGES ARISING OUT LIABILITY, INCLUDING BUT NOT LIMITED TO LOST PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF GOODWILL, LOSS OF DATA OR IN ANY WAY RELATED TO THE AGREEMENTSYSTEM USE, THE USE AND OTHER BUSINESS LOSS, REGARDLESS OF WHETHER SUCH PARTY KNOWS OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS, OR EXPENSES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL SUPPLIERS' AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY BUYER FOR THE SOFTWARE AND SERVICES UNDER THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO LIMIT EITHER PARTY’S TOTAL 'S LIABILITY FOR PERSONAL INJURY (INCLUDING BODILY INJURY) OR DEATH, PROPERTY DAMAGE, OR ANY INDEMNIFICATION PROVIDED BY EITHER PARTY TO THE OTHER PARTY UNDER THIS AGREEMENT. SUPPLIER'S TOTAL, CUMULATIVE LIABILITY UNDER SECTION 11 FOR ANY AND ALL CLAIMS ARISING OUT OF OR AS A RESULT INFRINGEMENT OF PATENTS WILL BE LIMITED TO THE AGREEMENT EXCEED THE GREATER AGGREGATE AMOUNT OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORM$[***] 25.

Limitation of Liability. EXCEPT IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER ANY THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR INFRINGEMENT ANYINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR MISAPPROPRIATION PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORSEEABLE, SUFFERED BY THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS , INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATIONLOST DATA OR CONTENT, BUSINESS INTERRUPTIONINTERRUPTIONS, DOWNTIME COSTS LOSS OF INCOME, LOSS OF GOOD WILL, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR ANY INDIRECTMALFUNCTION, INCIDENTALDAMAGES DUE TO FORCE MAJEURE, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES OTHER ECONOMIC LOSS ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE SERVICES OR WORK PRODUCT PROVIDED UNDER THIS AGREEMENT OR ANY USE OR THE INABILITY FAILURE TO BE ABLE TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE SERVICES OR CONSULTING SERVICESWORK PRODUCTS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF PURPOSE OF ANY LIMITED REMEDY. CUSTOMER ASSUMES ALL RESPONSIBILITY DI SHALL NOT BE LIABLE FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ANY DAMAGES ARISING OUT OF OR AS A RESULT RELATED TO (I) THE ACCURACY OR COMPLETENESS OF CUSTOMER/PATIENT INFORMATION, OR ANY OTHER INFORMATION PROVIDED BY OR THROUGH CUSTOMER; OR (II) FOR TRANSACTIONS PERFORMED USING THE AGREEMENT EXCEED WORK PRODUCT OR SERVICES; OR (III) MODIFICATIONS TO THE GREATER OF 1,000,000 USD OR THE FEES PAID WORK PRODUCT BY CUSTOMER, WHETHER SUFFERED BY CUSTOMER OR ANY THIRD PARTY. DI SHALL NOT BE LIABLE FOR DISTURBANCES AND FAILURE OF INTERNET CONNECTIONS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO LICENSOR UNDER THE EXTENT PERMITTED BY APPLICABLE ORDER FORMLAW IN CUSTOMER’S JURISDICTION. A party’s total aggregate liability for any damages arising out of or related to this Agreement, for any and all causes whatsoever, and the other party’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, will not exceed the fees paid by Customer to DI for the portion of the Services that is the subject of the action, for the six (6) months immediately preceding the breach for which the damages are claimed. The existence of one or more claims will not enlarge this limit. Customer acknowledges that DI’s pricing reflects this allocation of risk and the limitation of liability specified in this section will apply regardless of whether any limited or exclusive remedy is specified in this Agreement.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY SERVICETITAN WILL NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, SPECIALOR EXEMPLARY DAMAGES, PUNITIVEINCLUDING BUT NOT LIMITED TO, EXEMPLARY DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, OTHER INTANGIBLE LOSSES (EVEN IF SERVICETITAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH THESE DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION ), RESULTING FROM YOUR USE OF THE SOFTWARESERVICETITAN SERVICE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTSMARKETPLACE, THE WEBSITE OR THE APIS. EXCEPT FOR THE EXCLUDED MATTERS, IN UNDER NO EVENT SHALL EITHER PARTY’S CIRCUMSTANCES WILL SERVICETITAN'S TOTAL LIABILITY TO THE OTHER FOR OF ALL CLAIMS KINDS ARISING OUT OF OR AS A RESULT RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE AGREEMENT FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER TOTAL AMOUNT OF 1,000,000 USD TRANSACTION FEES PAID TO SERVICETITAN WITH RESPECT TO THE PRODUCT(S) INVOLVED FOR THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT(S) GIVING RISE TO SUCH CLAIM. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SERVICETITAN TO DEVELOPER AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS SET FORTH IN THIS AGREEMENT WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT, MARKETPLACE, THE SERVICETITAN SERVICE OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER APIS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE APPLICABLE ORDER FORMCAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION WITHOUT LIMITING ANY EXPRESS PROVISIONS OF THIS SERVICE AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDINGOTHER, WITHOUT LIMITATIONANY END USER, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER THIRD PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTALCONSEQUENTIAL, CONSEQUENTIALEXEMPLARY, SPECIAL, PUNITIVEINCIDENTAL, EXEMPLARY RELIANCE, OR ANY SIMILAR TYPE OF PUNITIVE DAMAGES (INCLUDING LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE CONNECTION WITH THIS SERVICE AGREEMENT OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE PROVISION OF SERVICES, MAINTENANCE INCLUDING ANY SERVICE IMPLEMENTATION DELAYS OR CONSULTING SERVICESFAILURES, UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY, MISREPRESENTATION, OR NEGLIGENCE, EVEN IF ADVISED THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY OF CUSTOMER’S PAYMENT OBLIGATIONS UNDER THIS SERVICE AGREEMENT. SPECTRUM’S MAXIMUM LIABILITY TO CUSTOMER ASSUMES ALL RESPONSIBILITY WITH REGARD TO ANY SERVICE ORDER SHALL NOT EXCEED THE AMOUNT, EXCLUDING OTCS, PAID OR PAYABLE BY CUSTOMER TO SPECTRUM FOR THE SELECTION OF APPLICABLE SERVICE ORDER IN THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THREE (3) MONTHS IMMEDIATELY PRECEDING THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY EVENTS GIVING RISE TO THE OTHER CLAIM. SPECTRUM SHALL NOT BE RESPONSIBLE FOR ALL CLAIMS ANY LOSSES OR DAMAGES ARISING OUT OF OR AS A RESULT OF THE AGREEMENT EXCEED UNAVAILABILITY OF THE GREATER OF 1,000,000 USD SERVICE, INCLUDING THE INABILITY TO REACH 911 OR ANY OTHER EMERGENCY SERVICES, THE FEES PAID BY CUSTOMER INABILITY TO LICENSOR UNDER THE APPLICABLE ORDER FORMCONTACT A SECURITY SYSTEM OR REMOTE MEDICAL OR OTHER MONITORING SERVICE PROVIDER OR ANY FAILURE OR FAULT RELATING TO CUSTOMER-PROVIDED EQUIPMENT, FACILITIES OR SERVICES.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF TO THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”)LAW, IN NO EVENT WILL EITHER PARTY HERETO SHALL SPECTRALINK, ITS LICENSORS OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECTSPECIAL, INCIDENTAL, CONSEQUENTIALINDIRECT, SPECIALOR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, PUNITIVEWITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUE; BUSINESS INTERRUPTION OR WORK STOPPAGE; COMPUTER FAILURE OR MALFUNCTION; LOSS OF BUSINESS INFORMATION, EXEMPLARY DATA OR DATA USE; LOSS OF GOODWILL; OR ANY SIMILAR TYPE OF DAMAGES OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR IN ANY WAY RELATED INABILITY TO USE THE SOFTWARE OR SPECTRALINK'S PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF SPECTRALINK OR ITS SUPPLIER COULD HAVE FORESEEN OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE AGREEMENTFULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL SPECTRALINK’S SUPPLIERS BE LIABLE FOR ANY DIRECT DAMAGES WHATSOEVER ARISING OUT OF THE USE OR THE INABILITY TO USE THE SOFTWARE. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, SPECTRALINK'S AGGREGATE LIABILITY UNDER THIS SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY LICENSE AGREEMENT SHALL BE LIMITED TO AMOUNT ACTUALLY PAID BY YOU FOR THE SELECTION OF THE SOFTWARESOFTWARE OR U.S. $300.00, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMWHICHEVER IS LESS.

Limitation of Liability. IN ADDITION TO AND NOT TO LIMIT ANY OTHER LIMITATIONS OF LIABILITY PROVIDED HEREIN, EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION IN CASES OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY WILLFUL MISCONDUCT, End User Services SHALL NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY DAMAGE, LOSS OR UNAVAILABILITY LIABILITY, OF OR DAMAGE TO DATAANY NATURE, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS INCURRED BY CUSTOMER AND/OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE THIRD PARTY RESULTING FROM THESE TERMS OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENTSERVICE, THE SERVICES PROVIDED HEREUNDER, AND/OR CUSTOMER’S ACCESS TO, AND/OR USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGESSAME. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER End User Services BE RESPONSIBLE FOR ANY LIABILITIES ARISING OUT OF: (A) THE SERVICES, FACILITIES OR EQUIPMENT PROVIDED OR USED BY CUSTOMER OR PROVIDED BY A THIRD PARTY VENDOR (INCLUDING ANY AGENTS, SUBCONTRACTORS, INDEPENDENT CONTRACTORS OR END USERS OF THE SAME); (B) ANY ACT OR OMISSION OF CUSTOMER OR ANY THIRD PARTY’S TOTAL LIABILITY . IN ADDITION TO AND NOT TO LIMIT THE FOREGOING, End User Services SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, TO THE OTHER CUSTOMER OR ANY THIRD PARTY FOR ALL CLAIMS ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUES OR COST OF PURCHASING REPLACEMENT SERVICES) ARISING OUT OF, OR RELATING TO, THESE TERMS OF SERVICE, THE SERVICES PROVIDED HEREUNDER, AND/OR AS A RESULT CUSTOMER’S ACCESS TO AND/OR USE OF THE AGREEMENT SAME. FURTHERMORE, IN NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF End User Services ARISING WITH RESPECT TO THESE TERMS OF SERVICE EXCEED THE GREATER OF 1,000,000 USD OR THE FEES TOTAL AMOUNTS PAID BY CUSTOMER TO LICENSOR IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE CLAIM. NO CAUSE OF ACTION UNDER THE APPLICABLE ORDER FORM.ANY THEORY WHICH ACCRUED MORE THAN ONE

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE PARTY OR TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER THIRD PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATACONSEQUENTIAL, LOST REVENUEINDIRECT, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECTSPECIAL, INCIDENTAL, CONSEQUENTIALRELIANCE, SPECIAL, PUNITIVE, OR EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BRAINTREE PAYMENT SERVICE, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN ANY WAY RELATED TO THE AGREEMENTTORT, THE OR OTHER CAUSE OF ACTION (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, GOODWILL, PROFITS, INVESTMENTS, USE OF MONEY, OR USE OF FACILITIES; INTERRUPTION IN USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE AVAILABILITY OF DATA; STOPPAGE OF OTHER WORK OR CONSULTING SERVICESIMPAIRMENT OF OTHER ASSETS; OR LABOR CLAIMS), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN UNDER NO EVENT CIRCUMSTANCES SHALL EITHER PARTY’S BRAINTREE'S TOTAL AGGREGATE LIABILITY TO THE OTHER FOR ALL CLAIMS MERCHANT OR ANY THIRD PARTY ARISING OUT OF OR AS A RESULT OF THE RELATED TO THIS AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES AMOUNTS PAID BY CUSTOMER MERCHANT TO LICENSOR BRAINTRE UNDER THIS AGREEMENT DURING THE APPLICABLE ORDER FORMFIRST TWELVE MONTH PERIOD AFTER THE EFFECTIVE DATE OF THIS AGREEMENT. FOR THE AVOIDANCE OF ANY DOUBT, NOTHING IN THIS AGREEMENT SHALL LIMIT THE LIABILITY OF EITHER PARTY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR TORT.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF NEITHER PARTY, NOR ITS RESPECTIVE OFFICERS, REPRESENTATIVES, AGENTS, EMPLOYEES, INSURERS, LICENSORS, AND SERVICE PROVIDERS, SHALL BE LIABLE TO THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS LOST PROFITS OR UNAVAILABILITY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR DAMAGE TO DATASERVICES, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIALOR CONSEQUENTIAL DAMAGES WHATSOEVER, SPECIALINCLUDING DAMAGES FOR LOST DATA, PUNITIVEHOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EXEMPLARY INCLUDING, BUT NOT LIMITED TO, CONTRACT, PRODUCTS LIABILITY, STRICT LIABILITY, WARRANTY, AND NEGLIGENCE, AND WHETHER OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF NOT SUCH PERSON WAS OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE SHOULD HAVE BEEN AWARE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION FOREGOING LIMITATION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMERLIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. VENDOR’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL AGGREGATE LIABILITY TO AFFILIATE UNDER THIS AGREEMENT SHALL BE LIMITED TO THE OTHER TOTAL AMOUNT OF AFFILIATE COMMISSION OWED TO AFFILIATE WITHIN THE LAST TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE CLAIM(S) GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY TO THE DEFENSE AND INDEMNIFICATION OBLIGATIONS CONTAINED IN THIS AGREEMENT OR FOR ALL CLAIMS ARISING OUT ANY BREACH OF SECTIONS 2 OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORM6.

Limitation of Liability. EXCEPT FOR INFRINGEMENT ANY CAUSE RELATED TO OR MISAPPROPRIATION ARISING OUT OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDINGTHIS AGREEMENT, WITHOUT LIMITATIONWHETHER IN AN ACTION BASED ON A CONTRACT, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”)LEGAL THEORY, HOWEVER ARISING, TANDEM CYBER WILL IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS (A) DAMAGES BASED ON USE OR UNAVAILABILITY OF OR DAMAGE TO DATAACCESS, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS DELAY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE LOST REVENUES OR CONSULTING PROFITS, LOSS OF SERVICES, EVEN IF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SYSTEM SECURITY OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR (C) ANY AMOUNTS THAT EXCEED THE TOTAL FEES PAID OR PAYABLE BY YOU FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT WHICH GIVES RISE TO SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY WHETHER OR NOT TANDEM CYBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION DAMAGES AND NOTHWITHSTANDING ANY FAILURE OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT ESSENTIAL PURPOSE OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMANY LIMITED REMEDY.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY PARTY OR ANY PARENT OR AFFILIATED COMPANY OF SUCH PARTY BE LIABLE TO THE OTHER PARTY, FOR ALL CLAIMS SPECIAL, PUNITIVE, INDIRECT, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF REVENUE OR PROFITS, DOWN TIME, LOST-PRODUCTION, LOSS OF USE OF EQUIPMENT OR ANY ASSOCIATED PARTS, AND/OR DEFECTS IN BUYER’S OUTPUT, MATERIALS, WORK PRODUCT OR WORKMANSHIP, ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THE EQUIPMENT OR OTHERWISE RELATING TO THIS AGREEMENT, ANY SERVICE PROVIDED OR THE RELATIONSHIP OF THE PARTIES, WHETHER ARISING OUT OF WARRANTY, CONTRACT, EQUITY, STRICT LIABILITY OR AS TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, REGARDLESS OF ANY CLAIM THAT A RESULT REMEDY HAS FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT MAY EITHER PARTY ASSERT THAT THE AGREEMENT REMEDIES PROVIDED HEREIN ARE INADEQUATE OR HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE TOTAL LIABILITY OF SELLER OR ANY PARENT OR AFFILIATED COMPANY OF SELLER TO BUYER EXCEED THE GREATER OF 1,000,000 USD PRICE PAID FOR THE PARTICULAR EQUIPMENT OR SERVICE(S) AT ISSUE, PROVIDED THAT THE FEES PAID FOREGOING LIMITATION SHALL NOT APPLY TO CLAIMS AGAINST SELLER FOR INDEMNIFICATION BY CUSTOMER BUYER OR ITS INSURANCE CARRIER RESULTING FROM PAYMENTS MADE TO LICENSOR UNDER THIRD PARTIES WHO SUFFER LOSS TO PERSON OR PROPERTY RESULTING FROM ANY DEFECT IN THE APPLICABLE ORDER FORMEQUIPMENT.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION SELLER’S LIABILITY WILL IN NO EVENT BE GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THE OTHER PARTYRETURNED PRODUCTS ACTUALLY PAID BY BUYER TO SELLER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, SELLER SHALL HAVE NO LIABILITY TO BUYER OR BUYER’S INTELLECTUAL PROPERTY RIGHTS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS OR CUSTOMERS OR TO ANY THIRD PARTY UNDER ANY CIRCUMSTANCE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATHMACHINING OR LABOR COSTS, DAMAGE TO REAL EQUIPMENT, COSTS OF SUBSTITUTE PRODUCTS, LIABILITY TO A THIRD PARTY OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (LOST PROFITS RESULTING FROM THE “EXCLUDED MATTERS”)SALE, IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY USE OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWAREPRODUCTS, SOFTWARE SERVICESTHE PRODUCTS’ INCORPORATION INTO OR BECOMING A COMPONENT OF ANY OTHER PRODUCT, MAINTENANCE OR CONSULTING SERVICESFROM ANY OTHER CAUSE WHATSOEVER, EVEN IF ADVISED WHETHER BASED ON BREACH OF WARRANTY OR OTHER CONTRACTUAL CLAIM, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, AND REGARDLESS OF ANY ADVICE OR REPRESENTATIONS THAT MAY HAVE BEEN RENDERED BY SELLER CONCERNING THE SALE, USE AND/OR INSTALLATION OF THE POSSIBILITY OF SUCH DAMAGESPRODUCTS. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, SELLER WILL NOT HAVE ANY NEGLIGENCE OR OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL TORT LIABILITY TO THE OTHER FOR ALL CLAIMS BUYER OR TO ANY THIRD PARTY, ARISING OUT FROM ANY BREACH OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMTHIS AGREEMENT.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE UNDER THIS AGREEMENT FOR ANY LOSS CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, OR UNAVAILABILITY OF OR DAMAGE TO INCIDENTAL DAMAGES, INCLUDING ANY LOST DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS PROFITS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE ARISING FROM OR CONSULTING SERVICES, RELATING TO THIS AGREEMENT EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES LOGRHYTHM’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, THE SOFTWARE AND ANY SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF FEES PAID TO LOGRHYTHM DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. IN ADDITION, LOGRHYTHM DISCLAIMS ALL RESPONSIBILITY FOR LIABILITY OF ANY KIND OF LOGRHYTHM’S LICENSORS. THE SELECTION FOREGOING LIMITATIONS OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER LIABILITY SHALL NOT APPLY TO ACHIEVE CUSTOMER’S INTENDED RESULTSBREACH OF SECTIONS 2 OR 9 OR ANY INDEMNITY OBLIGATIONS IN SECTION 6.4. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER ANY THIRD PARTY SOFTWARE LICENSOR BE LIABLE UNDER THIS AGREEMENT FOR ALL CLAIMS ARISING OUT OF ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, THAT MAY ARISE AS A RESULT OF THE AGREEMENT EXCEED USE OF THE GREATER OF 1,000,000 USD OR THIRD PARTY SOFTWARE IN CONNECTION WITH THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMSOFTWARE.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF LIABILITY ARISING UNDER INDEMNIFICATION, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS PARTY IN ANY MANNER, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHER THEORY, FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, TRADE SECRETSLOST PROFITS AND LOSS OF DATA, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER REGARDLESS OF WHETHER SUCH PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY WAS ADVISED OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERSAMOUNT OWED AND LIABILITY ARISING UNDER INDEMNIFICATION, IN NO EVENT SHALL EITHER PARTY’S TOTAL 'S AGGREGATE LIABILITY TO THE OTHER FOR ALL CLAIMS PARTY OR ANY THIRD PARTY ARISING OUT OF OR AS A RESULT IN CONNECTION WITH THIS AGREEMENT FROM ALL CAUSES OF ACTIONAND ALL THEORIES OF LIABILITY EXCEED COMPENSATION PAID TO SERVICE PROVIDER UNDER THIS AGREEMENT. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE AGREEMENT EXCEED ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES SET FORTH IN THIS AGREEMENT. THE GREATER PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF 1,000,000 USD OR RISK AND FIND IT REASONABLE, AND THAT THE FEES PAID BY CUSTOMER TO LICENSOR UNDER FOREGOING LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL BASIS OF THE APPLICABLE ORDER FORM.BARGAIN BETWEEN THE PARTIES. Service Agreement

Limitation of Liability. EXCEPT TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER TURNKEY NOR ITS SERVICE PROVIDERS (INCLUDING THOSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES) WILL BE LIABLE FOR INFRINGEMENT ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR MISAPPROPRIATION CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOSS OF FUNDS OR DIGITAL ASSETS, FAILURE TO OBTAIN ACCOUNT ACCESS, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDINGCOST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WITHOUT LIMITATIONWHETHER BASED ON WARRANTY, TRADE SECRETSCONTRACT, DAMAGE FOR BODILY INJURYTORT (INCLUDING NEGLIGENCE), DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE PRODUCT LIABILITY OR ANY OTHER LIABILITY THAT MAY LEGAL THEORY, AND WHETHER OR NOT BE EXCLUDED UNDER TURNKEY OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE LAW (THE “EXCLUDED MATTERS”)JURISDICTION, IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES TURNKEY’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, CONNECTION WITH THESE TERMS OR FROM THE USE OF OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO TURNKEY FOR USE OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY SERVICES FOR THE SELECTION PRIOR 12 MONTH PERIOD. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT BASIS OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMBARGAIN BETWEEN TURNKEY AND YOU.

Limitation of Liability. EXCEPT AS SET FORTH IN THE LIMITED WARRANTY, UNDER NO CIRCUMSTANCES SHALL XXXX DEERE, ITS AFFILIATES OR ITS THIRD PARTY SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTIES FOR INFRINGEMENT DIRECT, INDIRECT, INCIDENTAL OR MISAPPROPRIATION CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ANY LOSS OR DAMAGE CAUSED BY THE SOFTWARE; ANY PARTIAL OR TOTAL FAILURE OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDINGSOFTWARE; PERFORMANCE, WITHOUT LIMITATIONNONPERFORMANCE OR DELAYS IN CONNECTION WITH ANY INSTALLATION, TRADE SECRETSMAINTENANCE, DAMAGE WARRANTY OR REPAIRS OF THE SOFTWARE, DAMAGES FOR BODILY INJURY, DEATHCROP LOSS, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”)LAND, IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUEMACHINES, LOST PROFITS, FAILURE LOSS OF BUSINESS OR LOSS OF GOODWILL, LOSS OF USE OF EQUIPMENT OR SERVICES OR DAMAGES TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR REPUTATION ARISING FROM THE PERFORMANCE OR NON- PERFORMANCE OF ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE ASPECT OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE THIS AGREEMENT, THE USE WHETHER IN CONTRACT, TORT OR THE INABILITY TO USE THE SOFTWAREOTHERWISE, SOFTWARE SERVICESAND WHETHER OR NOT XXXX DEERE, MAINTENANCE ITS AFFILIATES OR CONSULTING SERVICES, EVEN IF ITS THIRD PARTY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY IN NO EVENT SHALL XXXX DEERE'S CUMULATIVE LIABILITY TO YOU OR TO ANY OTHER PARTY FOR ANY LOSSES OR DAMAGES RESULTING FROM ANY CLAIMS, LAWSUITS, DEMANDS, OR ACTIONS ARISING FROM OR RELATING TO USE OF THE SOFTWARE EXCEED YOUR TOTAL PAYMENT FOR THE SELECTION RECEIVER, THE LICENSE OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMANY ACTIVATION CODES.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO SHALL SELLER OR ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE IN ANY WAY FOR ANY LOSS OR UNAVAILABILITY DAMAGE OF ANY KIND ARISING OUT OF ANY USE OF THE PRODUCTS, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSSES ARISING OUT OF OR DAMAGE RELATED TO DATABUYER'S USE OR INABILITY TO USE THE PRODUCTS, LOST REVENUEHOWEVER, LOST PROFITSCAUSED, FAILURE REGARDLESS OF THE THEORY OF LIABILITY, AND EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SELLER BE LIABLE TO REALIZE EXPECTED SAVINGSBUYER FOR ANY DIRECT, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH PUNITIVE DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THE SELECTION PERSONAL INJURY OR OF THE SOFTWAREINCIDENTAL OR CONSEQUENTIAL DAMAGES, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER SO THIS LIMITATION MAY NOT APPLY TO ACHIEVE CUSTOMER’S INTENDED RESULTSSOME BUYERS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S SELLER'S TOTAL LIABILITY TO THE OTHER BUYER FOR ALL CLAIMS ARISING OUT DAMAGES EXCEED AN AMOUNT EQUAL TO THE LESSER OF OR AS A RESULT OF (A) THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES TOTAL PURCHASE PRICE PAID BY CUSTOMER BUYER TO LICENSOR UNDER SELLER CONCERNING THE APPLICABLE ORDER FORMPRODUCTS OR SERVICES GIVING RISE TO SUCH LIABILITY OR (B) $1,000. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), LICENSOR SHALL IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE TO LICENSEE OR ANY PERSON OR ENTITY USING ANY SERVICE SUPPLIED UNDER THIS AGREEMENT FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATATIME, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS INCONVENIENCE, LOSS OR DAMAGE OF DATA, LOSS OF USE OF ANY PRODUCT OR EQUIPMENT OR PROPERTY DAMAGE CAUSED BY ANY TECHNICIAN, PRODUCT OR EQUIPMENT OR THEIR FAILURE TO WORK, OR FOR ANY OTHER INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVERELIANCE, EXEMPLARY INCIDENTAL OR ANY SIMILAR TYPE OF DAMAGES CONSEQUENTIAL LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT OR IN ANY WAY RELATED TO THE AGREEMENTOBLIGATION RESULTING THEREFROM, OR THE USE OR THE INABILITY TO USE THE SOFTWAREPERFORMANCE OF ANY PRODUCT OR PRODUCTS WHETHER IN AN ACTION FOR OR ARISING OUT OF ALLEGED BREACH OF WARRANTY, SOFTWARE SERVICESALLEGED BREACH OF CONTRACT, MAINTENANCE DELAY, NEGLIGENCE (ACTIVE OR CONSULTING SERVICESPASSIVE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGESSTRICT TORT LIABILITY OR OTHERWISE. CUSTOMER ASSUMES ALL RESPONSIBILITY LICENSOR’S ENTIRE LIABILITY FOR THE SELECTION OF THE SOFTWAREANY CLAIM OR LOSS, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERSDAMAGE, OR EXPENSE FROM ANY CAUSE WHATSOEVER, SHALL IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES ACTUALLY PAID BY CUSTOMER LICENSEE. NO ACTION OR PROCEEDING AGAINST LICENSOR MAY BE COMMENCED MORE THAN ONE YEAR AFTER THE SERVICES ARE COMPLETED EXCEPT FOR LICENSOR CLAIMS RELATING TO LICENSOR UNDER THE APPLICABLE ORDER FORMCOLLECTION OF FEES DUE AND PAYABLE BY LICENSEE. THIS PARAGRAPH SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY PARTIES AGREE THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE SHALL ALERT OR IT’S SUPPLIERS HAVE ANY LIABILITY TO CUSTOMER FOR ANY LOSS INDIRECT, SPECIAL OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUECONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGSLOSS OF DATA, DAMAGE TO REPUTATIONLOSS OF FUNCTIONALITY, BUSINESS INTERRUPTIONINTERRUPTION OF BUSINESS, DOWNTIME OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR ANY INDIRECTSERVICES, INCIDENTALWHETHER UNDER THEORY OF CONTRACT, CONSEQUENTIALTORT (INCLUDING NEGLIGENCE), SPECIAL, PUNITIVE, EXEMPLARY STRICT LIABILITY OR ANY SIMILAR TYPE OF DAMAGES OTHERWISE ARISING OUT OF FROM OR ASSOCIATED IN ANY WAY RELATED TO WITH THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SYSTEM SOFTWARE, DOCUMENTATION, THIRD PARTY SOFTWARE SERVICES, MAINTENANCE OR CONSULTING PROFESSIONAL SERVICES, EVEN IF ALERT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY THE PARTIES AGREE TO THE ALLOCATION OF LIABILITY RISK, WHICH IS SET FORTH IN THIS SECTION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THE SELECTION CERTAIN DAMAGES, AND AS A CONSEQUNECE SOME OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER ABOVE LIMITATION MAY NOT APPLY TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTYWILL ALERT’S TOTAL LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE AGGREGATE OF THE AMOUNTS PAID AND PAYABLE BY THE CUSTOMER TO ALERT FOR ACCESS AND USE OF THE SYSTEM IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMCLAIM. The provisions regarding limitation of liability and disclaimer shall survive the expiration or termination of this Agreement.

Limitation of Liability. EXCEPT FOR INFRINGEMENT UNDER NO CIRCUMSTANCES WILL HOONUIT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO ITS SUBCONTRACTORS BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATAINDIRECT, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECTSPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, REVENUE, OR ANY SIMILAR TYPE OF GOODWILL AND DAMAGES ARISING FOR BUSINESS INTERRUPTION, THAT ARISE OUT OF OF, OR IN ANY WAY RELATED HAVE TO THE AGREEMENTDO WITH, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE THE MAINTENANCE SERVICES, MAINTENANCE THE HOSTING SERVICES, THE PROFESSIONAL SERVICES, THE ENROLLMENT ANALYTICS SERVICES, THIS AGREEMENT, OR CONSULTING SERVICESTHE BREACH OF THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, STATUTE, OR ANY OTHER THEORY OF LIABILITY OR RECOVERY, EVEN IF HOONUIT OR IS SUBCONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH THOSE DAMAGES. UNDER NO CIRCUMSTANCES WILL HOONUIT’S OR ITS SUBCONTRACTORS’ AGGREGATE LIABILITY TO CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF OR TO ANY THIRD PARTY ARISING OUT OF, OR HAVING TO DO WITH, THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERSMAINTENANCE SERVICES, IN NO EVENT SHALL EITHER PARTY’S TOTAL THE HOSTING SERVICES, THE PROFESSIONAL SERVICES, THE ENROLLMENT ANALYTICS SERVICES, THIS AGREEMENT, OR THE PERFORMANCE OR BREACH OF THIS AGREEMENT, WHETHER THAT LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF IS ACTIONABLE UNDER CONTRACT, TORT, STATUTE, OR AS A RESULT OF THE AGREEMENT OTHERWISE, EXCEED THE GREATER AMOUNT OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR HOONUIT UNDER THIS AGREEMENT DURING THE APPLICABLE ORDER FORMTWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE MOST RECENT EVENT GIVING RISE TO LIABILITY OCCURRED.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL SHALL EITHER PARTY HERETO BE LIABLE TO THE OTHER FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES, EXEMPLARY INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES FOR LOST PROFITS, INTERRUPTION OF BUSINESS, LOSS OF TECHNOLOGY OR LOST DATA, HOWEVER ARISING, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICESSOURCE, EVEN IF SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER UNDER THEORIES OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY Moreover, Licensee hereby undertakes to adopt all reasonable measures to limit the impact of any error or defect in the Software or any components or Derivatives Works thereof (by, among other things, backing up data, adopting procedures to identify and correct errors, replace any lost or damaged media and reconstruct data). IN THE EVENT THAT, NOTWITHSTANDING THE TERMS OF THIS SECTION, XXXX IS FOUND LIABLE FOR THE SELECTION DAMAGES BASED ON ANY CLAIM, FOR ANY CAUSE OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTSACTION UNDER THIS AGREEMENT. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S ITS TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT UNDER SUCH CLAIM SHALL NOT EXCEED THE GREATER ROYALTY PAYMENTS MADE BY LICENSEE TO XXXX HEREUNDER DURING THE PERIOD OF 1,000,000 USD OR TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FEES PAID BY CUSTOMER EVENT THAT GAVE RISE TO LICENSOR UNDER THE APPLICABLE ORDER FORM.SUCH CLAIM

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS IN NO EVENT WILL GEOFORCE, ITS SUPPLIERS AND ITS LICENSORS (AND THEIR LICENSORS AND SUPPLIERS) (INCLUDING, WITHOUT LIMITATION, TRADE SECRETSANY OF ITS OR THEIR RESPECTIVE OFFICERS, DAMAGE FOR BODILY INJURYDIRECTORS, DEATHEMPLOYEES, DAMAGE TO REAL SUBCONTRACTORS, AGENTS, SUCCESSORS, OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”ASSIGNS), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR UNAVAILABILITY OF OR DAMAGE TO DATACONSEQUENTIAL DAMAGES, LOST REVENUE, DAMAGES RESULTING FROM LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, LOST DATA OR BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES INTERRUPTION ARISING OUT OF OR IN ANY WAY RELATED RELATING TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING ANY WEBSITES LINKED TO THE ONLINE SERVICES, EVEN IF THE CONTENT OR OTHER INFORMATION CONTAINED IN THE SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR SOME JURISDICTIONS DO NOT ALLOW THE SELECTION EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CUSTOMER. WHILE CUSTOMER’S USE OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE WEB BASED SERVICE IS AT CUSTOMER’S INTENDED RESULTS. EXCEPT OWN RISK, IF GEOFORCE SHOULD HAVE ANY LIABILITY FOR THE EXCLUDED MATTERSANY LOSS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS HARM OR DAMAGE ARISING OUT OF OR AS A RESULT RELATING TO THIS AGREEMENT OR CUSTOMER’S USE OF THE AGREEMENT WEB BASED SERVICE, GEOFORCE’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS SHALL NOT EXCEED THE GREATER AMOUNT OF 1,000,000 USD FEES PAID TO GEOFORCE BY CUSTOMER FOR THE APPLICABLE PORTION OF THE SERVICES IN THE PRECEDING SIX (6) MONTHS. CUSTOMER ACKNOWLEDGES THAT ABSENT CUSTOMER’S AGREEMENT TO THIS LIMITATION, GEOFORCE AND ITS LICENSORS WOULD NOT PROVIDE THE WEB BASED SERVICES OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMMATERIALS ACCESSIBLE THEREIN.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF TO THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”)MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY HERETO SHALL QWEST, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATADIRECT, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVEPUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES, EXEMPLARY LOST DATA OR ANY SIMILAR TYPE COST OF DAMAGES PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF FROM OR IN ANY WAY RELATED TO THE AGREEMENTSERVICES OR THIS AGREEMENT WHETHER FOR, THE USE AMONG OTHER THINGS, BREACH OF WARRANTY OR THE INABILITY ANY OBLIGATION ARISING THEREFROM, AND WHETHER LIABILITY IS ASSERTED IN, AMONG OTHER THINGS, CONTRACT OR TORT (INCLUDING BUT NOT LIMITED TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE NEGLIGENCE AND STRICT PRODUCT LIABILITY) WHETHER OR CONSULTING SERVICES, EVEN IF NOT QWEST HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGESLOSS OR DAMAGE. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED QWEST'S LIABILITY HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, SHALL IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY EXCEED AN AMOUNT EQUAL TO THE OTHER AVERAGE MONTHLY RECURRING CHARGE PAID BY CUSTOMER FOR ALL CLAIMS ARISING OUT OF SERVICES UNDER THIS AGREEMENT, OR AS IN THE CASE THAT THE CLAIM PERTAINS TO A RESULT PARTICULAR SERVICE, THE AVERAGE MONTHLY RECURRING CHARGE PAID BY CUSTOMER FOR THE PARTICULAR SERVICE TO WHICH THE CLAIM PERTAINS (THE "AFFECTED SERVICE"). SUCH AVERAGE MONTHLY CHARGE TO BE CALCULATED DURING THE PERIOD FROM EXECUTION OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY ADDENDUM PERTAINING TO THE AFFECTED SERVICE TO THE DATE A CLAIM IS MADE. CUSTOMER HEREBY WAIVES ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE IT OF AN ADEQUATE REMEDY OR CAUSE THIS AGREEMENT TO LICENSOR UNDER THE APPLICABLE ORDER FORMFAIL OF ITS ESSENTIAL PURPOSE. Except as specifically set forth in the SLA, the foregoing sets forth Customer's exclusive remedy for breach of this Agreement by Qwest. Some states do not allow the exclusion of incidental or consequential damages, and therefore certain provisions of this section allocate the risks between Qwest and Customer and Qwest's pricing reflects the allocation of risk and limitation of liability specified herein.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF SUBJECT TO THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDINGMAXIMUM EXTENT PERMITTED BY LAW, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY ZDC WILL NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATAINCIDENTAL, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTALSPECIAL, CONSEQUENTIAL, SPECIALPUNITIVE OR OTHER DAMAGES, PUNITIVELOSS OF PROFITS OR REVENUE, EXEMPLARY BUSINESS INTERRUPTION OR LOSS OF USE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER COVER, LOSS DUE TO FAILURE OF OR DEFECTS IN THE SERVICES, OR DAMAGES RESULTING FROM FORCE MAJEURE, WHETHER BASED IN CONTRACT, TORT OR ANY SIMILAR TYPE OTHER LEGAL THEORY THAT MAY ARISE UNDER THESE TERMS OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE SERVICE OR THE INABILITY CONTRACT, INCLUDING BUT NOT LIMITED TO ANY SUCH LIABILITY THAT MAY RESULT FROM USE OF THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICESSERVICES ON THE TARGET SITE, EVEN IF ZDC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLIABILITY AND REGARDLESS OF WHETHER THE LIMITED REMEDIES IN THESE TERMS OF SERVICE FAIL OF THEIR ESSENTIAL PURPOSE. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL THE AGGREGATE LIABILITY OF ZDC, TO THE OTHER USER EXCEED THE AMOUNTS PAID BY THE USER TO ZDC UNDER THE CONTRACT WITHIN THE ONE (1) YEAR PERIOD PRECEDING ANY CLAIM OF SUCH LIABILITY. THE USER ACKNOWLEDGES THAT THE AMOUNTS PAYABLE FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT THE SERVICES ARE BASED IN PART ON AND REFLECTIVE OF THE AGREEMENT EXCEED DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY IN THESE TERMS OF SERVICE AND THAT SUCH DISCLAIMERS AND LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THE GREATER OF 1,000,000 USD OR BARGAIN BETWEEN THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMUSER AND ZDC.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO TWITTER BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA OR UNAVAILABILITY OF PROFITS, OR DAMAGE TO DATABUSINESS OR GOODWILL, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. IN ANY WAY RELATED TO CASE, TWITTER’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT WILL NOT EXCEED $50.00 USD. THE AGREEMENTFOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSS OR DAMAGE. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE SELECTION OF THE SOFTWAREPARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY BUT ONLY TO THE OTHER FOR ALL CLAIMS ARISING OUT EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF OR AS A RESULT RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE AGREEMENT EXCEED THE GREATER ESSENTIAL PURPOSE OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORM.ANY LIMITED REMEDY. 責任の制限。本契約によって生じた、または本契約に関連して生じた、間接的損害、特別損害、付随的損害、懲罰的損害、結果的損害、または使用、データ、利益、事業または信頼の損失について、Twitterは利用者に対し一切の責任を負わないものとします。いかなる場合においても、本契約の下でTwitterに行われるすべての賠償請求に対して、Twitterが負う賠償責任の合計額は50米ドルを超えないものとします。上記の制限規定、除外規定および免責規定は、当該賠償責任が契約、保証、不法行為（過失を含みます）、厳格責任その他のいずれに基づく請求から生じたものかにかかわらず、また、当事者が当該損失または損害の可能性を事前に通知されていたかどうかにかかわらず、適用されるものとします。適用法令が本契約における賠償責任の制限を禁止する限度において、当事者は、当該制限が、自動的に、当該制限が適用法令を遵守するものとなるために必要な限度において修正されることに同意します。当事者は、本契約おける賠償責任の制限は、同意されたリスクの分配であること、限定的な救済手段の本質的目的が達成されないとしても、当該制限が適用されることに同意します。

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION THE PARTIES AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, IN NO EVENT SHALL A PARTY (AND IN THE CASE OF XENIA, INCLUDING ITS LICENSORS AND SUPPLIERS) BE LIABLE TO THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS LOST SAVINGS AND LOSS OF USE OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE LOSS OF DAMAGES DATA) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR WITH RESPECT TO THE AGREEMENTINSTALLATION, THE USE OR OPERATION OF THE INABILITY TO USE THE PLATFORM, SOFTWARE, SOFTWARE SERVICESPROFESSIONAL SERVICES OR DELIVERABLE WHETHER IN CONTRACT, MAINTENANCE TORT, NEGLIGENCE OR CONSULTING SERVICES, OTHER FORM OF ACTION EVEN IF ADVISED THE PARTY HAS BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION THIS SECTION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE SOFTWAREESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE PARTIES SPECIFICALLY AGREE THAT, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR AMOUNTS PAYABLE TO XENIA HEREUNDER, THE EXCLUDED MATTERSTOTAL LIABILITY OF XENIA TO YOU FOR DAMAGES UNDER THIS AGREEMENT WILL NOT EXCEED THE SUM OF ALL FEES RELATED TO THE PLATFORM OR SOFTWARE OR THE SUM OF ALL PROFESSIONAL SERVICE FEES (DEPENDING ON WHETHER THE PLATFORM OR SOFTWARE OR PROFESSIONAL SERVICES GAVE RISE TO THE DAMAGE) ACTUALLY PAID BY YOU TO XENIA HEREUNDER IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE DAMAGE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL EITHER PARTYXENIA’S TOTAL LIABILITY TO THE OTHER YOU FOR ALL CLAIMS ARISING OUT OF DAMAGES RELATING TO ANY THIRD-PARTY HARDWARE OR AS A RESULT OF THE AGREEMENT SOFTWARE WE RESELL TO YOU WILL NOT EXCEED THE GREATER OF 1,000,000 USD PURCHASE PRICE OR THE LICENSE FEES YOU PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMUS FOR SUCH HARDWARE OR SOFTWARE.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL SHALL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATASPECIAL, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIALOR CONSEQUENTIAL DAMAGES, SPECIALOR DAMAGES FOR LOSS OF PROFITS, PUNITIVESAVINGS, EXEMPLARY REVENUE, USE, DAMAGED OR LOST FILES OR DATA, OR BUSINESS INTERRUPTION, THAT MAY ARISE IN CONNECTION WITH THIS AGREEMENT, ANY SERVICES OR DELIVERABLES PROVIDED BY SERVICE PROVIDER, OR ANY SIMILAR TYPE MATTER WHATSOEVER, REGARDLESS OF DAMAGES ARISING OUT OF WHETHER SUCH CLAIMS ARE BASED OR REMEDIES ARE SOUGHT IN ANY WAY RELATED TO THE AGREEMENTCONTRACT, THE USE TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICESOTHERWISE, EVEN IF THE PARTY SOUGHT TO BE HELD LIABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR AGGREGATE LIABILITY TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT, ANY SERVICES OR DELIVERABLES PROVIDED BY SERVICE PROVIDER, OR ANY MATTER WHATSOEVER, REGARDLESS OF WHETHER THE OTHER FOR ALL CLAIMS ARISING OUT ARE BASED OR REMEDIES ARE SOUGHT IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEEDING THE AMOUNT OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE FIRST ACT GIVING RISE TO LICENSOR UNDER LIABILITY. THE APPLICABLE ORDER FORMFOREGOING LIMITATIONS OF LIABILITY ARE INDEPENDENT OF ANY EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY SET FORTH IN THIS AGREEMENT, AND SHALL SURVIVE AND APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDIES SPECIFIED HEREIN.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY RISE BROADBAND SHALL NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATADIRECT, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIALSPECIAL OR CONSEQUENTIAL DAMAGES, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SOFTWAREPC CARE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE PC CARE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER'S TRANSMISSIONS OR DATA, SOFTWARE SERVICESINCLUDING BUT NOT LIMITED TO, MAINTENANCE DAMAGES FOR LOSS OF PROFITS, USE, DATA OR CONSULTING SERVICESOTHER INTANGIBLE, EVEN IF RISE BROADBAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR THE SELECTION INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE SOFTWAREABOVE LIMITATIONS MAY NOT APPLY TO EACH CUSTOMER. NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL RISE BROADBAND’ S MAXIMUM LIABILITY TO CUSTOMER ARISING FROM OR RELATED TO RISE BROADBAND UNDER THESE SERVICE TERMS SHALL BE LIMITED TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES SUMS PAID BY CUSTOMER TO LICENSOR UNDER RISE BROADBAND HEREUNDER DURING THE APPLICABLE ORDER FORMTHREE MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION AROSE.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF TO THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW (THE “EXCLUDED MATTERS”)LAW, IN NO EVENT WILL EITHER PARTY HERETO SHALL EA OR ITS LICENSORS BE LIABLE TO YOU FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATAPERSONAL INJURY, LOST REVENUEPROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY SIMILAR TYPE CAUSES OF DAMAGES ARISING OUT OF OR IN ANY WAY ACTION RELATED TO THE AGREEMENTEUALA, THE USE SOFTWARE OR THE INABILITY TO USE THE SOFTWAREGAME, SOFTWARE SERVICESWHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), MAINTENANCE CONTRACT, STRICT LIABILITY OR CONSULTING SERVICESOTHERWISE, EVEN IF WHETHER OR NOT EA OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EA AND ITS LICENSORS SHALL ALSO NOT BE LIABILE FOR ANY DELAYS, SYSTEM FAILURES OR SYSTEM OUTAGES WHICH MAY, FROM TIME TO TIME, AFFECT ONLINE GAME PLAY OR ACCESS THERETO. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER ASSUMES , SO SOME OR ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO ACHIEVE CUSTOMER’S INTENDED RESULTSYOU. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTYEA’S OR ITS LICENSORS’ TOTAL LIABILITY TO THE OTHER YOU FOR ALL CLAIMS ARISING OUT OF OR DAMAGES (EXCEPT AS A RESULT OF THE AGREEMENT REQUIRED BY APPLICABLE LAW) EXCEED THE GREATER OF 1,000,000 USD OR THE FEES AMOUNT ACTUALLY PAID BY CUSTOMER TO LICENSOR UNDER YOU FOR THE APPLICABLE ORDER FORMSOFTWARE.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS IN NO EVENT WILL GEOFORCE, ITS SUPPLIERS AND ITS LICENSORS (AND THEIR LICENSORS AND SUPPLIERS) (INCLUDING, WITHOUT LIMITATION, TRADE SECRETSANY OF ITS OR THEIR RESPECTIVE OFFICERS, DAMAGE FOR BODILY INJURYDIRECTORS, DEATHEMPLOYEES, DAMAGE TO REAL SUBCONTRACTORS, AGENTS, SUCCESSORS, OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”ASSIGNS), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR UNAVAILABILITY OF OR DAMAGE TO DATACONSEQUENTIAL DAMAGES, LOST REVENUE, DAMAGES RESULTING FROM LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, LOST DATA OR BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES INTERRUPTION ARISING OUT OF OR IN ANY WAY RELATED RELATING TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING ANY WEBSITES LINKED TO THE ONLINE SERVICES, EVEN IF THE CONTENT OR OTHER INFORMATION CONTAINED IN THE SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR SOME JURISDICTIONS DO NOT ALLOW THE SELECTION EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CUSTOMER. WHILE CUSTOMER’S USE OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE WEB BASED SERVICE IS AT CUSTOMER’S INTENDED RESULTS. EXCEPT OWN RISK, IF GEOFORCE SHOULD HAVE ANY LIABILITY FOR THE EXCLUDED MATTERSANY LOSS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS HARM OR DAMAGE ARISING OUT OF OR AS A RESULT RELATING TO THIS AGREEMENT OR CUSTOMER’S USE OF THE AGREEMENT WEB BASED SERVICE, GEOFORCE’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS SHALL NOT EXCEED THE GREATER AMOUNT OF 1,000,000 USD FEES PAID TO GEOFORCE BY CUSTOMER FOR THE APPLICABLE PORTION OF THE SERVICES IN THE PRECEDING SIX (6) MONTHS. CUSTOMER ACKNOWLEDGES THAT ABSENT CUSTOMER’S AGREEMENT TO THIS LIMITATION, GEOFORCE AND ITS LICENSORS WOULD NOT PROVIDE THE WEB BASED SERVICES OR THE FEES PAID MATERIALS ACCESSIBLE THEREIN. BY PURCHASING OUR PRODUCTS THAT HAVE WI-FI CAPABILITY, CUSTOMER HEREBY FURTHER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THERE ARE SIGNIFICANT SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN ACCESSING OR TRANSMITTING INFORMATION THROUGH THE INTERNET, WHETHER THE CONNECTION IS FACILITATED THROUGH WIRED OR WIRELESS TECHNOLOGY. SECURITY ISSUES INCLUDE, WITHOUT LIMITATION, INTERCEPTION OF TRANSMISSIONS, LOSS OF DATA, AND THE INTRODUCTION OF VIRUSES AND OTHER PROGRAMS THAT CAN CORRUPT OR DAMAGE YOUR COMPUTER. ACCORDINGLY, YOU AGREE THAT NEITHER GEOFORCE NOR THE NETWORK PROVIDER WILL BE LIABLE FOR ANY INTERCEPTION OR TRANSMISSIONS, COMPUTER WORMS OR VIRUSES, LOSS OF DATA, FILE CORRUPTION, HACKING OR DAMAGE TO LICENSOR UNDER CUSTOMER’S COMPUTER OR OTHER DEVICES THAT RESULT FROM THE APPLICABLE ORDER FORMTRANSMISSION OR DOWNLOAD OF INFORMATION OR MATERIALS THROUGH THE INTERNET SERVICE PROVIDED. IF ABNORMAL, ILLEGAL, OR UNAUTHORIZED BEHAVIOR IS DETECTED, INCLUDING HEAVY CONSUMPTION OF BANDWIDTH, THE NETWORK PROVIDER RESERVES THE RIGHT TO PERMANENTLY DISCONNECT THE OFFENDING DEVICE FROM THE WIRELESS NETWORK.

Limitation of Liability. EXCEPT FOR INFRINGEMENT TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT OF ANY BREACH BY BELL CANADA, ITS AFFILIATES, SUPPLIERS, AGENTS OR MISAPPROPRIATION THIRD PARTY SERVICE PROVIDERS, INCLUDING ANY BREACH OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE A FUNDAMENTAL TERM OR ANY NEGLIGENCE, YOUR EXCLUSIVE REMEDY SHALL BE TO RECEIVE FROM BELL CANADA PAYMENT FOR ACTUAL AND DIRECT DAMAGES TO A MAXIMUM AMOUNT OF ONE HUNDRED DOLLARS ($100.00). OTHER LIABILITY THAN THE FOREGOING REMEDY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”)NO CIRCUMSTANCES WILL BELL CANADA, IN NO EVENT WILL EITHER ITS AFFILIATES, SUPPLIERS, AGENTS OR ANY OF ITS THIRD PARTY HERETO SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATADAMAGES WHATSOEVER, LOST REVENUEINCLUDING WITHOUT LIMITATION ANY GENERAL, LOST PROFITSDIRECT, FAILURE TO REALIZE EXPECTED SAVINGSINDIRECT, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECTPUNITIVE, INCIDENTAL, CONSEQUENTIALCONSEQUENTIAL OR SPECIAL DAMAGES, SPECIALINCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF PROFITS AND LOSS OF BUSINESS OPPORTUNITIES, PUNITIVESAVINGS, EXEMPLARY LOSS OF USE OR LOSS OF DATA, ON ACCOUNT OF ANY SIMILAR TYPE ACT OR OMISSION OF DAMAGES ARISING OUT OF BELL CANADA, ITS THIRD PARTY SERVICE PROVIDERS OR THEIR REPRESENTATIVES RELATED IN ANY WAY RELATED TO THE AGREEMENTANY SERVICE, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND ANY SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTSOR ANY SOFTWARE PROVIDED HEREUNDER OR THIS AGREEMENT. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT THIS SECTION WILL APPLY: REGARDLESS OF THE AGREEMENT EXCEED THE GREATER FORM OF 1,000,000 USD ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMOTHERWISE; AND WHETHER OR NOT DAMAGES WERE FORESEEABLE.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF TO THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW LAW, THE ENTIRE CUMULATIVE LIABILITY OF ARGOS AND ITS SUPPLIERS, AND YOUR EXCLUSIVE REMEDY FOR ALL MATTERS OR CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY AND/OR DUE FROM YOU FOR THE SERVICES TO ARGOS IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE “EXCLUDED MATTERS”)EVENT GIVING RISE TO SUCH CLAIM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY HERETO ARGOS AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA(A) INDIRECT, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECTSPECIAL, INCIDENTAL, CONSEQUENTIALPUNITIVE OR CONSEQUENTIAL DAMAGES; AND (B) DAMAGES RELATING TO TELECOMMUNICATION FAILURES, SPECIALINTERNET AND ELECTRONIC COMMUNICATIONS FAILURES, PUNITIVEDELAYS OR LIMITATIONS, EXEMPLARY LOSS, CORRUPTION, SECURITY OR ANY SIMILAR TYPE THEFT OF DAMAGES DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET ARGOS SYSTEMS REQUIREMENTS, TAX POSITIONS TAKEN BY YOU ARISING OUT OF OR CONNECTED IN ANY WAY RELATED TO WITH THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR CONSULTING SERVICESOTHERWISE, EVEN IF ARGOS AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE SOFTWARE, OTHER PRODUCTS BASIS OF THE BARGAIN BETWEEN ARGOS AND YOU AND ARGOS WOULD NOT HAVE PROVIDED THE LICENSE AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMWITHOUT SUCH LIMITATIONS.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF TO THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDINGMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR NEITHER THE INDEMNIFIED PARTIES NOR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE “EXCLUDED MATTERS”), IN NO EVENT OMNI SERVICES WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES, EXEMPLARY WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OTHER LEGAL THEORY, WHETHER OR IN ANY WAY RELATED TO NOT THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED INDEMNIFIED PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE WHERE SUCH DAMAGES RESULT FROM: (i) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE OMNI SERVICES, OR (ii) ANY PURCHASE OF A THIRD PARTY PRODUCT OR SERVICE BASED ON INFORMATION CONTAINED IN THE OMNI SERVICES, INCLUDING THE AVAILABILITY OF A COUPON. CUSTOMER ASSUMES ALL RESPONSIBILITY YOU SPECIFICALLY ACKNOWLEDGE THAT THE INDEMNIFIED PARTIES ARE NOT LIABLE FOR THE SELECTION DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE OMNI SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE SOFTWAREABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, OTHER PRODUCTS DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTSDOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THIS AGREEMENT. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT EXCEED BASIS OF THE GREATER BARGAIN BETWEEN THE PARTIES. EACH OF 1,000,000 USD OR THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMLIMITATIONS IN THIS SECTION 21 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability. EXCEPT FOR INFRINGEMENT AS EXPRESSLY SET FORTH HEREIN, SERVICES ARE PROVIDED AS IS WITHOUT ANY WARRANTIES. TPRT MAKES NO WARRANTIES EXPRESSED OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED IMPLIED AS TO THE AGREEMENT, THE USE SERVICES TO BE SUPPLIED HEREUNDER AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE FITNESS FOR A PARTICULAR PURPOSE. TPRT DOES NOT WARRANT THAT SERVICES WILL BE ERROR FREE OR CONSULTING SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGESUNINTERRUPTED. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTYPARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING UNDER OR RELATING TO THIS AGREEMENT IN ANY WAY, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LACK OF SERVICES, OR LOSS OF REVENUES OR PROFITS, EVEN IF A PARTY HAS BEEN ADVISED, KNOWS OR SHOULD KNOW OF THE POSSIBILITY OF THE FOREGOING. TPRT’S TOTAL MAXIMUM AGGREGATE LIABILITY TO THE OTHER CLIENT ARISING UNDER OR IN RELATION TO THIS AGREEMENT FOR ANY AND ALL CLAIMS ARISING OUT OF OR AS A RESULT AND REGARDLESS OF THE AGREEMENT FORM OF ACTION (I) WILL BE LIMITED TO PROVEN AND ACTUAL OUT-OF-POCKET EXPENSES, WHICH ARE REASONABLY INCURRED BY CLIENT AND (II) IN THE AGGREGATE SHALL NOT EXCEED THREE TIMES THE GREATER OF 1,000,000 USD OR THE AVERAGE MONTHLY FEES PAID BY CUSTOMER CLIENT TO LICENSOR TPRT UNDER THE AGREEMENT. CLIENT’S MAXIMUM AGGREGATE LIABILITY FOR DIRECT DAMAGES UNDER THIS AGREEMENT SHALL NOT EXCEED $2 MILLION. THIS LIMITATION OF LIABILITY IS NOT APPLICABLE ORDER FORMTO CLIENT’S OBLIGATION FOR SUMS PAYABLE TO TPRT IN CONNECTION WITH SERVICES UNDER THIS AGREEMENT.

Limitation of Liability. EXCEPT FOR INFRINGEMENT THE SKYNET PARTIES SHALL NOT BE LIABLE OR MISAPPROPRIATION OBLIGATED IN CONNECTION WITH THESE TERMS, UNDER ANY THEORY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY, BREACH OF WARRANTY, OR OTHER LEGAL OR EQUITABLE THEORY, FOR: • ANY AMOUNTS IN EXCESS OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS TOTAL FEES PAID TO SKYNET FOR THE SERVICE OR EQUIPMENT DURING THE SIX (6)-MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE GIVING RISE TO LIABILITY; • ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICE, PRODUCTS, OR RIGHTS; • ANY LOSS OR CORRUPTION OF DATA; DELAYED, DEGRADED OR INTERRUPTED USE OF THE SERVICE OR ACCESS TO THE INTERNET (SUBJECT SOLELY TO THE PROVISIONS OF SECTION 3(e) ABOVE); INABILITY TO MAKE, COMPLETE OR RECEIVE CALLS USING THE INTERNET PHONE SERVICE; OR DAMAGE TO ANY HARDWARE, SOFTWARE, OR THE SERVICE LOCATION; • ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES AND/OR LOST PROFITS OF ANY KIND OR AMOUNT, INCLUDING, WITHOUT LIMITATION, TRADE SECRETSANY SUCH DAMAGES OR LOST PROFITS THAT MAY ARISE FROM OR RELATE TO THE INABILITY OF SKYNET (FOR WHATEVER REASON) TO TRANSFER AND MAINTAIN YOUR EXISTING TELEPHONE NUMBER (i) FROM ANOTHER VOICE SERVICE PROVIDER WHEN YOU DESIRE TO TRANSFER SUCH TELEPHONE NUMBER FOR USE IN CONNECTION WITH YOUR ESTABLISHMENT OF INTERNET PHONE SERVICE WITH SKYNET OR (ii) FOR ANOTHER VOICE SERVICE PROVIDER WHEN YOUR INTERNET PHONE SERVICE WITH SKYNET IS TERMINATED (BY YOU OR BY SKYNET, DAMAGE FOR BODILY INJURYANY REASON, DEATH, DAMAGE INCLUDING YOUR NON-PAYMENT OF ANY AMOUNT(S) DUE TO REAL SKYNET) AND YOU ARE SWITCHING TO SUCH OTHER VOICE SERVICE PROVIDER; • ANY LACK OR TANGIBLE PERSONAL PROPERTY BREACHES OF SECURITY OF THE SERVICE OR INTENTIONAL MISCONDUCT IN THE STORAGE OR GROSS NEGLIGENCE INTEGRITY OF YOUR DATA OR ANY OTHER USER'S DATA; OR • ANY DAMAGES ARISING FROM ANY DELAY OR FAILURE IN PERFORMANCE DUE TO EVENTS OR CAUSES OUTSIDE OF SKYNET'S REASONABLE CONTROL. THE EXCLUSIONS AND LIMITATIONS CONTAINED IN THIS SECTION 11 SHALL APPLY WHETHER OR NOT SKYNET WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SUBJECT SOLELY TO YOUR RIGHTS AS EXPRESSLY SET FORTH IN SECTIONS 3(e) AND 6(d) ABOVE, IF YOU ARE DISSATISFIED WITH THE SERVICE OR EQUIPMENT, OR IF YOU HAVE ANY OTHER DISPUTE WITH SKYNET OR CLAIM AGAINST SKYNET, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE (SUBJECT TO YOUR OBLIGATION TO PAY ANY EARLY TERMINATION FEE AND/OR RESTOCKING FEE APPLICABLE TO YOUR SERVICE PLAN AND ANY OTHER CHARGES THERETOFORE INCURRED IN CONNECTION WITH YOUR USE OF THE SERVICE), AND ANY LIABILITY THAT WILL BE LIMITED TO THE RECOVERY OF YOUR DIRECT DAMAGES, LIMITED TO THE AMOUNT AND BY THE EXCLUSIONS SET FORTH IN THIS SECTION 11. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER MODIFICATIONS OF OR LIMITATIONS ON CERTAIN REMEDIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”)APPLY TO YOU, IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF WHOLE OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMPART.

Limitation of Liability. EXCEPT Xxx’x MarketPlace AND SITE HOST ASSUME NO LIABILITY FOR INFRINGEMENT ANY DIRECT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INDIRECT LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, TRADE SECRETSPROPERTY DAMAGE AND BODILY INJURY RESULTING FROM ANY USE, DAMAGE FOR BODILY INJURYACCESS OR INABILITY TO USE OR ACCESS, DEATHANY RELIANCE UPON OR LITIGATION OR INVESTIGATION INVOLVING THIS SITE, DAMAGE ITS CONTENTS OR THE SERVICES. TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER THE FULL EXTENT PERMITTED BY APPLICABLE LAW (THE “EXCLUDED MATTERS”)LAW, IN NO EVENT WILL EITHER PARTY HERETO SHALL Xxx’x MarketPlace OR SITE HOST BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS DIRECT OR UNAVAILABILITY OF INDIRECT DAMAGES OR DAMAGE TO DATAANY OTHER DAMAGES WHATSOEVER, LOST REVENUEINCLUDING WITHOUT LIMITATION, ANY DAMAGES FOR LOST PROFITS, FAILURE TO REALIZE EXPECTED LOST SAVINGS, DAMAGE TO REPUTATIONLOST DATA, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY OTHER INDIRECT, INCIDENTALSPECIAL, CONSEQUENTIAL, SPECIALECONOMIC, PUNITIVEPUNITIVE OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, EXEMPLARY TORT, STRICT LIABILITY, WARRANTY OR ANY SIMILAR TYPE OF DAMAGES OTHERWISE) ARISING OUT OF FROM OR IN ANY WAY RELATED RELATING TO THE AGREEMENTTHIS SITE, THE USE ITS CONTENT OR THE SERVICES, ANY ON-LINE SERVICES OR INTERNET BROWSER SOFTWARE, INCLUDING LIABILITY ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM, OR THE USE, ACCESS OR INABILITY TO USE OR ACCESS THIS SITE, ITS CONTENT OR THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF Xxx’x MarketPlace OR SITE HOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSS OR DAMAGE. CUSTOMER ASSUMES THIS LIMITATION OF LIABILITY IS COMPREHENSIVE IN NATURE AND APPLIES TO ANY AND ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS LOSSES AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORM.DAMAGES OF

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF The End-User acknowledges and agrees that the Licensor has set its prices and entered into this XXXX upon the disclaimers of warranty and the limitation of liability set forth herein, that the same reflect an allocation of risk between the Parties, and that the same form an essential basis of the bargain between the Parties. TO THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER EXTENT PERMITTED BY APPLICABLE LAW (THE “EXCLUDED MATTERS”)LAW, IN NO EVENT WILL EITHER PARTY HERETO SHALL THE LICENSOR, ITS SUPPLIERS OR AUTHORIZED RESELLERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTIAL PUNITIVE OR SPECIAL DAMAGE, INCLUDING BUT NOT LIMITED TO LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUELOSS OF INCOME, LOST LOSS OF OPPORTUNITY OR PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS OR SERVICE INTERRUPTION, DOWNTIME HARM TO BUSINESS REPUTATION OR OTHER DAMAGES OR COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE LICENSED SOFTWARE, SOFTWARE SERVICESREGARDLESS OF THE CAUSE OR FORM OF ACTION, MAINTENANCE WHETHER IN CONTRACT, TORT OR CONSULTING SERVICES, OTHERWISE EVEN IF THE LICENSOR, ITS SUPPLIERS/LICENSORS OR AUTHORIZED RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION END USER ACKNOWLEDGES AND AGREES THAT THE PRICE REFLECT THIS ALLOCATION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTSRISK. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL THE LIABILITY OF THE LICENSOR FOR DIRECT DAMAGE EXCEED IN THE AGGREGATE THE PRICE EX VAT ACTUALLY PAID BY THE END-USER TO THE OTHER LICENSOR OR TO AN AUTHORIZED RESELLER UNDER THIS XXXX FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT THE PRODUCT EMBEDDING THE LICENSED SOFTWARE THAT GAVE RISE TO THE LIABILITY. IT IS EXPRESSLY AGREED BY THE PARTIES THAT THE REMOTE READING OF THE AGREEMENT EXCEED PRODUCT AND THE GREATER PROVISION BY LICENSOR OF 1,000,000 USD ANY UPDATES, CORRECTIONS AND/OR MODIFICATION (IF ANY) OF LICENSED SOFTWARE (I) REQUIRES A PERMANENT INTERNET ACCESS AND COMPATIBLE HARDWARE SYSTEM (COMPUTER AND INTERNET SERVER) AND (II) MAY BE AFFECTED BY THESE FACTORS. THEREFORE THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMDOES NOT REPRESENT NOR GUARANTEE THAT SUCH READING AND/OR PROVISION WILL BE FREE FROM INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, INTERRUPTION, LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION SECURE AND DISCLAIMS ANY LIABILITY RELATING THERETO. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT (I.E.THE EXISTENCE OF SEVERAL CLAIMS WILL NOT ENLARGE THIS LIMIT).

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION BREACH OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDINGCONFIDENTIAL INFORMATION, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATHAND XXXXXXXX’S INDEMNIFICATION OBLIGATIONS, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER NEITHER PARTY HERETO SHALL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR (I) AMOUNTS THAT IN THE AGGREGATE ARE IN EXCESS OF THE AMOUNTS PAID TO COMPANY HEREUNDER DURING THE SIX-MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE OR (II) ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST DATA OR (III) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, OR SERVICES OR (IV) FOR LOSS OR CORRUPTION OF DATA OR INTERRUPTION OF USE. COMPANY SHALL HAVE NO LIABILITY FOR ANY LOSS FAILURE OR UNAVAILABILITY OF DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. RESELLER SHALL BE FULLY LIABLE WITH RESPECT TO ANY DAMAGES INCURED BY COMPANY RESULTING FROM RESELLER DISTRIBUTING PRODUCT TO A QUALIFIED PROSPECT WITHOUT REQUIRING SUCH QUALIFIED PROSPECT TO EXECUTE THE THEN-CURRENT MASTER CUSTOMER AGREEMENT OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE EVALUATION AGREEMENT, THE USE AS APPLICABLE, OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN AN AGREEMENT WITH TERMS NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMLESS PROTECTIVE.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF TO THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDINGMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR NEITHER THE PURPOSE ENTITIES NOR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE “EXCLUDED MATTERS”), IN NO EVENT SERVICE WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, EXEMPLARY OR INABILITY TO ACCESS OR USE, THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OTHER LEGAL THEORY, WHETHER OR IN ANY WAY RELATED TO NOT THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED PURPOSE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. CUSTOMER ASSUMES ALL RESPONSIBILITY YOU SPECIFICALLY ACKNOWLEDGE THAT THE PURPOSE ENTITIES ARE NOT LIABLE FOR THE SELECTION DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE PURPOSE ENTITIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF THE SOFTWARE, OTHER PRODUCTS PURPOSE ENTITIES TO YOU FOR ANY AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF FROM OR AS A RESULT RELATED TO THE USE OF THE AGREEMENT EXCEED SERVICE IS LIMITED TO THE GREATER OF 1,000,000 USD (i) THE AMOUNTS YOU HAVE PAID TO PURPOSE FOR ACCESS TO AND USE OF THE SERVICE GIVING RISE TO SUCH LIABILITY IN THE THREE (3) MONTHS PRIOR TO THE CLAIM, OR (ii) $100. THE FEES PAID BY CUSTOMER LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PURPOSE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO LICENSOR UNDER THE APPLICABLE ORDER FORMYOU.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE UNDER NO CIRCUMSTANCES WILL ARRYVED BE LIABLE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE CLIENT OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED THIRD PARTY WITH RESPECT TO ITS OBLIGATIONS UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE THIS AGREEMENT OR OTHERWISE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGSLOSS OF DATA, DAMAGE TO REPUTATIONWORK STOPPAGE, BUSINESS INTERRUPTIONOR CONSEǪUENTIAL, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIALEXEMPLARY, SPECIAL, PUNITIVEINDIRECT, EXEMPLARY INCIDENTAL OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICESPUNITIVE DAMAGES, EVEN IF ARRYVED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, ARRYVED’S ENTIRE AGGREGATE LIABILITY, AND CLIENT’S SOLE AND EXCLUSIVE REMEDY, FOR ALL CLAIMS ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF HEREUNDER (WHETHER IN CONTRACT, TORT, OR AS A RESULT OF THE AGREEMENT OTHERWISE) SHALL NOT EXCEED THE GREATER OF 1,000,000 USD OR THE TOTAL FEES PAID BY CUSTOMER CLIENT TO LICENSOR ARRYVED UNDER THIS AGREEMENT WITHIN THE APPLICABLE IMMEDIATELY PRECEDING SIX (6) MONTH PERIOD. THE SERVICE IS NOT A BACKUP SERVICE FOR STORING CONTENT OR OTHER DATA AND ARRYVED WILL HAVE NO LIABILITY REGARDING ANY LOSS OF DATA. ARRYVED ASSUMES NO RESPONSIBILITY OR LIABILITY REGARDING ANY THIRD-PARTY HARDWARE, EǪUIPMENT OR SERVICE WITH WHICH THE SERVICE MAY BE REǪUIRED TO COMMUNICATE OR OPERATE. THE PARTIES UNDERSTAND THAT THE FOREGOING DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY ARE MATERIAL TERMS OF THIS AGREEMENT AND A REFLECTION OF THE RISKS ASSUMED BY THE PARTIES IN ORDER FORMFOR ARRYVED TO PROVIDE, AND CLIENT, AUTHORIZED USERS, AND END USERS TO OBTAIN ACCESS TO THE SERVICE.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF TO THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (THE “EXCLUDED MATTERS”)LAW, IN NO EVENT WILL EITHER PARTY HERETO SHALL NETGEAR OR THE NETGEAR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR UNAVAILABILITY OF CONFIDENTIAL OR DAMAGE TO DATAOTHER INFORMATION, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, FOR BUSINESS INTERRUPTION, DOWNTIME COSTS FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OTHER PECUNIARY OR ANY SIMILAR TYPE OF DAMAGES OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OF OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE THE PROVISION OF OR CONSULTING FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, UNDER ANY THEORY OF LAW OR FAULT OF NETGEAR OR ANY OF THE NETGEAR AGENTS, AND EVEN IF NETGEAR OR ANY OF THE NETGEAR AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY NETGEAR FURTHER EXLCUDES ANY LIABILITY FOR FAILURE TO REPAIR ANY SERVICES. NOTWITHSTANDING THE FOREGOING, THE MAXIMUM LIABILITY THAT NETGEAR SHALL INCUR HEREUNDER SHALL BE LIMITED TO THE ACTUAL PRICE PAID BY SUBSCRIBER FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT RESPECTIVE SERVICE FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TWELVE MONTHPERIOD PRIOR TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER DATE WHEN THE APPLICABLE ORDER FORMCLAIM AROSE.

Limitation of Liability. EXCEPT ICI DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR INFRINGEMENT PRODUCTS NOT BEING AVAILABLE FOR USE OR MISAPPROPRIATION FOR LOST OR CORRUPTED DATA OR SOFTWARE, LOST PROFITS, LOSS OF BUSINESS, YOUR BREACH OF THIS AGREEMENT OR THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY PROVISION OF SERVICES AND SUPPORT. ICI WILL NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY INDIRECT OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICESPUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER ASSUMES ALL RESPONSIBILITY NOTWITHSTANDING ANYTHING IN THIS AGREEMENT OR ON OUR WEB SITE TO THE CONTRARY, ICI IS NOT RESPONSIBLE FOR INFORMATION YOU PROVIDE TO US UNLESS YOU HAVE A SEPARATE WRITTEN AGREEMENT OTHERWISE. YOU AGREE THAT FOR ANY LIABILITY ARISING FROM OR RELATED TO THE PURCHASE OF ANY PRODUCTS, ICI IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT INVOICED BY ICI FOR THE SELECTION OF THE SOFTWARERESPECTIVE PRODUCTS. ICI SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY CLAIMS RELATING TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMSHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

Limitation of Liability. EXCEPT THE WARRANTY AND REMEDIES PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESSED, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EFI SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF SECURITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. NO EFI TRADER, AGENT, OR MISAPPROPRIATION EMPLOYEE IS AUTHORISED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE ENTIRE LIABILITY OF EFI AND ITS SUPPLIERS FOR ALL CLAIMS RELATED TO ANY SOFTWARE, PRODUCT, SERVICES, AND/OR THIS LICENSE AGREEMENT, REGARDLESS OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDINGFORM OF ACTION (WHETHER IN CONTRACT, WITHOUT LIMITATIONTORT, TRADE SECRETSUNDER STATUTE, OR OTHERWISE), SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR THE EFI SOFTWARE. YOU AGREE THAT SUCH AMOUNT IS SUFFICIENT TO SATISFY THE ESSENTIAL PURPOSE OF THIS LICENSE AGREEMENT AND THAT SUCH A LIABILITY IS A FAIR AND REASONABLE ESTIMATE OF ANY LOSS AND DAMAGE FOR BODILY INJURY, DEATH, DAMAGE LIKELY TO REAL BE SUFFERED IN THE EVENT OF ANY WRONGFUL ACT OR TANGIBLE PERSONAL PROPERTY OMISSION BY EFI AND/OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER ITS SUPPLIERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (THE “EXCLUDED MATTERS”)LAW, IN NO EVENT WILL EITHER PARTY HERETO SHALL EFI AND ITS SUPPLIERS BE LIABLE FOR ANY LOSS COST OF PROCUREMENT OF SUBSTITUTE SOFTWARE, PRODUCTS OR UNAVAILABILITY OF SERVICES, LOST PROFITS OR DAMAGE TO DATA, LOST REVENUETHIRD PARTY CLAIMS, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY SPECIAL, INDIRECT, INCIDENTALRELIANCE, CONSEQUENTIAL, SPECIALEXEMPLARY, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED AND ON ANY SIMILAR TYPE THEORY OF DAMAGES ARISING OUT OF OR IN ANY WAY LIABILITY, RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE ANY SOFTWARE, SOFTWARE SERVICESPRODUCT, MAINTENANCE SERVICES AND/ OR CONSULTING SERVICES, THIS LICENSE AGREEMENT. THIS LIMITATION SHALL APPLY EVEN IF EFI AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORM.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF TO THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”)LAW, IN NO EVENT WILL EITHER PARTY HERETO SHALL MFDA OR ITS LICENSORS BE LIABLE TO LICENSEE INCLUDING THE MEMBER’S PARTICIPANTS OR ANY THIRD PARTY FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATADIRECT, LOST REVENUESPECIAL, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIALEXEMPLARY, SPECIALCONSEQUENTIAL DAMAGES, PUNITIVEUSE, EXEMPLARY INTERRUPTION, DELAY OR ANY SIMILAR TYPE INABILITY TO USE THE SYSTEM, LOSS OR CORRUPTION OF DAMAGES DATA, LOSS RESULTING FROM SYSTEM FAILURE, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, LOSS OF USE, LOSS OF REVENUES AND LOSS OF PROFITS ARISING OUT OF OR IN ANY WAY RELATED TO THE CONNECTION WITH THIS AGREEMENT, THE USE BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICESOTHERWISE, EVEN IF MFDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY THE ENTIRE AGGREGATE LIABILITY OF MFDA AND ITS LICENSORS IN CONNECTION WITH ANY CLAIM FOR THE SELECTION DAMAGES REGARDING THIS AGREEMENT OR ITS SUBJECT MATTER, FROM ANY CAUSE WHATSOEVER, AT LAW OR BY STATUTE, REGARDLESS OF THE SOFTWAREFORM OR CAUSE OF ACTION, OTHER PRODUCTS WHETHER CONTRACT OR TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF A FUNDAMENTAL TERM, FUNDAMENTAL BREACH OR OTHERWISE, SHALL BE LIMITED TO DIRECT DAMAGES AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY NOT EXCEED AN AMOUNT EQUAL TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE TOTAL FEES PAID BY CUSTOMER LICENSEE HEREUNDER TO LICENSOR UNDER MFDA FOR THE APPLICABLE ORDER FORMSYSTEM DURING THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE CLAIM.

Limitation of Liability. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY, OR ITS SUPPLIERS, BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES, OR REASONABLE ATTORNEY’S FEES, RESULTING FROM OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN NOTIFIED OF THE LIKELIHOOD OF SUCH DAMAGES. IN ANY EVENT, EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF AMOUNTS OWED TO SMARTRECRUITERS BY CUSTOMER AS SET FORTH IN THE OTHER AGREEMENT, EACH PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDINGAGGREGATE LIABILITY UNDER OR IN RELATION TO THIS AGREEMENT SHALL BE LIMITED TO THE FEES PAID BY CUSTOMER UNDER THIS AGREEMENT FOR THE THEN-CURRENT SUBSCRIPTION YEAR, WITHOUT LIMITATIONREGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM A MATERIAL BREACH OF CONTRACT, TRADE SECRETSTORT, DAMAGE BREACH OF STATUTORY DUTY, OR OTHERWISE. THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL NOT APPLY TO ANY LIABILITY FOR BODILY INJURYDEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE, DEATHANY LIABILITY ARISING FROM FRAUD OR WILLFUL MISCONDUCT, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY LIABILITIES THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”)LAW, IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMSMARTRECRUITERS’ INTELLECTUAL PROPERTY INDEMNIFICATION.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE NEITHER C-VAT NOR ITS SUPPLIERS SHALL BE LIABLE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE YOU OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER THIRD PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY COVER OR ANY SIMILAR TYPE OF CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT(INCLUDING, THE USE OR BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF REPUTATION, LOSS OF INCOME, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE SOFTWARELIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE SERVICESAND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, MAINTENANCE BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR CONSULTING SERVICESOTHERWISE, EVEN IF C-VAT OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S C-VAT'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $50 OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE. (USA ONLY) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS XXXX. LINKS THE SERVICES ON THIS SITE MAY PROVIDE LINKS TO OTHER WORLD WIDE WEB SITES OR RESOURCES. C-VAT HAS NO CONTROL OVER SUCH SITES AND RESOURCES, YOU ACKNOWLEDGE AND AGREE THAT C-VAT IS NOT RESPONSIBLE FOR ALL CLAIMS ARISING OUT THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT C-VAT SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR AS A RESULT RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE. BASIS OF BARGAIN THE WARRANTY DISCLAIMER AND LIMITED LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT EXCEED BETWEEN C-VAT AND YOU. C-VAT WOULD NOT BE ABLE TO PROVIDE THE GREATER SOFTWARE ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS. SUCH WARRANTY DISCLAIMER AND LIMITED LIABILITY INURE TO THE BENEFIT OF 1,000,000 USD C-VAT'S LICENSORS. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND THIS SOFTWARE AND THE DOCUMENTATION ARE PROVIDED WITH "RESTRICTED RIGHTS" APPLICABLE TO PRIVATE AND PUBLIC LICENSES ALIKE. (OUTSIDE OF THE USA) CONSUMER END USERS ONLY THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND LIABILITY CONTAINED IN THIS XXXX DO NOT AFFECT OR PREJUDICE THE FEES PAID BY CUSTOMER STATUTORY RIGHTS OF A CONSUMER, I.E., A PERSON ACQUIRING GOODS OTHERWISE THAN IN THE COURSE OF A BUSINESS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS XXXX SHALL APPLY TO LICENSOR YOU ONLY TO THE EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE APPLICABLE ORDER FORMLAWS OF THE JURISDICTION WHERE YOU ARE LOCATED. THIRD PARTY SOFTWARE THE SOFTWARE MAY CONTAIN THIRD PARTY SOFTWARE WHICH REQUIRES NOTICES AND/OR ADDITIONAL TERMS AND CONDITIONS. SUCH REQUIRED THIRD PARTY SOFTWARE NOTICES AND/OR ADDITIONAL TERMS AND CONDITIONS MAY VARY AND ARE MADE A PART OF AND INCORPORATED BY REFERENCE INTO THIS XXXX. BY ACCEPTING THIS XXXX, YOU ARE ALSO ACCEPTING THE ADDITIONAL TERMS AND CONDITIONS, IF ANY, SET FORTH THEREIN.

Limitation of Liability. EXCEPT AS SET FORTH IN THE LIMITED WARRANTY, UNDER NO CIRCUMSTANCES SHALL XXXX DEERE, ITS AFFILIATES OR ITS THIRD PARTY SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTIES FOR INFRINGEMENT DIRECT, INDIRECT, INCIDENTAL OR MISAPPROPRIATION CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ANY LOSS OR DAMAGE CAUSED BY THE SOFTWARE; ANY PARTIAL OR TOTAL FAILURE OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDINGSOFTWARE; PERFORMANCE, WITHOUT LIMITATIONNONPERFORMANCE OR DELAYS IN CONNECTION WITH ANY INSTALLATION, TRADE SECRETSMAINTENANCE, DAMAGE WARRANTY OR REPAIRS OF THE SOFTWARE, DAMAGES FOR BODILY INJURY, DEATHCROP LOSS, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”)LAND, IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUEMACHINES, LOST PROFITS, FAILURE LOSS OF BUSINESS OR LOSS OF GOODWILL, LOSS OF USE OF EQUIPMENT OR SERVICES OR DAMAGES TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR REPUTATION ARISING FROM THE PERFORMANCE OR NON- PERFORMANCE OF ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE ASPECT OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE THIS AGREEMENT, THE USE WHETHER IN CONTRACT, TORT OR THE INABILITY TO USE THE SOFTWAREOTHERWISE, SOFTWARE SERVICESAND WHETHER OR NOT XXXX DEERE, MAINTENANCE ITS AFFILIATES OR CONSULTING SERVICES, EVEN IF ITS THIRD PARTY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY IN NO EVENT SHALL JOHN DEERE'S CUMULATIVE LIABILITY TO YOU OR TO ANY OTHER PARTY FOR ANY LOSSES OR DAMAGES RESULTING FROM ANY CLAIMS, LAWSUITS, DEMANDS, OR ACTIONS ARISING FROM OR RELATING TO USE OF THE SOFTWARE EXCEED YOUR TOTAL PAYMENT FOR THE SELECTION RECEIVER, THE LICENSE OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMANY ACTIVATION CODES.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERSAS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT ANY OF THE GBCI INDEMNITEES BE LIABLE TO YOU, YOUR AGENT OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES OR COSTS DUE TO LOSS OF PROFITS, TAX CREDITS, ECONOMIC BENEFITS, DATA, LOSS OF GOODWILL, OR PERSONAL OR OTHER PROPERTY DAMAGE REGARDING THIS AGREEMENT EXCEED OR RESULTING FROM OR IN CONNECTION WITH THE GREATER PERFORMANCE OF 1,000,000 USD THIS AGREEMENT BY ANY GBCI INDEMNITEE OR IN CONNECTION WITH THE PROGRAM, ANY OPTIONAL SERVICES, THE RATING SYSTEM, THE MPRS, THE CERTIFICATION GUIDE, THE REFERENCE GUIDE, LEED ONLINE OR ANY APPLICATION OR FORM, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN NOTIFIED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. REGARDLESS OF THE FOREGOING, AND WITHOUT LIMITING ANY OTHER PROVISION HEREIN, (I) YOUR SOLE REMEDY VIS A VIS GBCI, GBCI'S SUBCONTRACTORS AND USGBC SHALL BE LIMITED TO A RETURN OF FEES PAID BY CUSTOMER YOU TO LICENSOR GBCI; AND (II) IN NO EVENT SHALL GBCI, GBCI'S SUBCONTRACTORS OR USGBC BE LIABLE, IN THE AGGREGATE, TO YOU, YOUR AGENT OR ANY THIRD PARTY IN EXCESS OF THE TOTAL AMOUNT OF FEES PAID BY YOU TO GBCI UNDER THIS AGREEMENT FOR THE APPLICABLE ORDER FORMPRODUCT OR SERVICE TO WHICH SUCH CLAIM RELATES. FURTHER, WHILE GBCI TAKES REASONABLE EFFORTS TO ENSURE THE FUNCTIONALITY OF LEED ONLINE, THE APPLICATION, AND EACH FORM CONTAINED THEREIN, ANY OF THE FOREGOING MAY CONTAIN CALCULATIVE, PROGRAMMATIC OR OTHER ERRORS, INCLUDING ERRORS THAT COULD RESULT IN INTERRUPTION OF SERVICE OR LOSS OF DATA, OR POTENTIALLY CAUSE A FORM TO MISREPRESENT COMPLIANCE OR NON­ COMPLIANCE WITH A PREREQUISITE OR CREDIT, AND, ACCORDINGLY, IN NO EVENT SHALL ANY GBCI INDEMNITEE BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY SUCH ERRORS. GBCI AGREES THAT IN NO EVENT SHALL YOU BE LIABLE, IN THE AGGREGATE, TO GBCI AND THE GBCI AFFILIATES FOR CLAIMS IN CONNECTION WITH THIS AGREEMENT (EXCEPTING COSTS YOU INCUR RELATING TO YOUR DUTY TO INDEMNIFY THE GBCI INDEMNITEES AND ANY COSTS RELATING TO CLAIMS OF YOUR INFRINGEMENT OR MATERIAL BREACH OF WARRANTIES) IN EXCESS OF FIVE TIMES THE AMOUNT YOU PAY UNDER THIS AGREEMENT.

Limitation of Liability. EXCEPT IN NO EVENT SHALL VERITAS OR ITS SUPPLIERS BE LIABLE TO SOLUTIONS PROVIDER OR ANY PERSON FOR INFRINGEMENT ANY INCIDENTAL, INDIRECT, SPECIAL OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDINGCONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, TRADE SECRETSLOSS OF PROFITS, DAMAGE FOR BODILY INJURYLOSS OF USE, DEATHLOSS OF DATA, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE LOSS OF GOOD WILL, COVER AND RELIANCE, INTERRUPTION OF BUSINESS OR ANY AND ALL OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW SIMILAR DAMAGES OR LOSS WHETHER IN CONTRACT, TORT (THE “EXCLUDED MATTERS”INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS CONNECTION WITH OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE THIS AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF VERITAS, ITS SUPPLIERS OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERSAS LIMITED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY’S VERITAS' TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) IN CONNECTION WITH OR ARISING OUT OF OR AS A RESULT OF THE THIS AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER SOLUTIONS PROVIDER TO LICENSOR VERITAS DURING THE SIX MONTHS PRECEDING THE CIRCUMSTANCES FIRST GIVING RISE TO THE CLAIM OF LIABILITY, AND IF SUCH DAMAGES RESULT FROM THE SOLUTIONS PROVIDERS USE OF A PRODUCT, SUPPORT OR PROFESSIONAL SERVICES PROVIDED UNDER THIS AGREEMENT, SUCH LIABILITY SHALL BE LIMITED TO FEES PAID FOR THE APPLICABLE ORDER FORMRELEVANT PRODUCT, SUPPORT OR PROFESSIONAL SERVICES GIVING RISE TO THE LIABILITY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF TO THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDINGEXTENT PERMITTED UNDER LAW, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE SALES LEAD MULTIPLIER INC. (AND THOSE THAT SALES LEAD MULTIPLIER INC. WORKS WITH TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY PROVIDE THE APPLICATIONS) SHALL NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE TO YOU OR OTHERS FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, SPECIALOR PUNITIVE DAMAGES, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE LOSS OF DAMAGES ARISING OUT OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR IN ANY WAY REVENUES, RELATED TO THE AGREEMENTAPPLICATIONS (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME, LOSS OF USE, OR CHANGES TO YOUR INFORMATION). IN NO EVENT SHALL THE LIABILITY OF SALES LEAD MULTIPLIER INC. (AND THOSE THAT SALES LEAD MULTIPLIER INC. WORKS WITH TO PROVIDE THE APPLICATIONS) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, THE USE OR AMOUNT OF $1000 USD. THIS LIMITATION OF LIABILITY IS PART OF THE INABILITY BASIS OF THE BARGAIN BETWEEN YOU AND SALES LEAD MULTIPLIER INC. AND SHALL APPLY TO USE THE SOFTWAREALL CLAIMS OF LIABILITY (E.G. WARRANTY, SOFTWARE SERVICESTORT, MAINTENANCE OR CONSULTING SERVICESNEGLIGENCE, CONTRACT, LAW) AND EVEN IF ADVISED SALES LEAD MULTIPLIER INC. HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGESDAMAGE, AND EVEN IF THESE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR SOME LAWS DO NOT ALLOW THE SELECTION LIMITATION OR EXCLUSION OF THE SOFTWARELIABILITY, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER SO THESE LIMITS MAY NOT APPLY TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMYOU.

Limitation of Liability. EXCEPT T1 PAYMENTS’ TOTAL LIABILITY TO MERCHANT OR TO ANY PARTY CLAIMING BY, THROUGH OR UNDER MERCHANT, SHALL BE LIMITED IN THE AGGREGATE FOR INFRINGEMENT OR MISAPPROPRIATION THE TERM OF THIS AGREEMENT TO THE SUM OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDINGFEES PAID BY MERCHANT DURING THE ONE (1) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW FIVE- THOUSAND DOLLARS (THE “EXCLUDED MATTERS”US$5,000), WHICHEVER IS LESS. T1 PAYMENTS SHALL IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIALEXEMPLARY, PUNITIVE, EXEMPLARY INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF PARTY OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER T1 PAYMENTS IS NOT LIABLE TO MERCHANT FOR ACCOUNT NUMBER VERIFICATION SERVICE ERRORS, AND SHALL NOT BE LIABLE TO MERCHANT OR ANY THIRD PARTY FOR ANY LOSS AND/OR DAMAGE CAUSED OR SUFFERED BY THE MERCHANT AND/OR SUCH THIRD PARTY IN CONNECTION WITH ANY UNAVAILABILITY OF THE SERVICES CONTEMPLATED BY THIS AGREEMENT. T1 PAYMENTS ASSUMES ALL RESPONSIBILITY NO LIABILITY FOR DISRUPTIONS OR IMPROPER OPERATION OF THE SERVICE FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, VANDALISM, THEFT, ACTIONS OF THIRD PARTY SERVICE PROVIDERS, PHONE SERVICE OUTAGES, INTERNET DISRUPTIONS, EXTREME OR SEVERE WEATHER CONDITIONS OR ANY OTHER C AUSES IN THE NATURE OF “ACTS OF GOD” OR FORCE MAJEURE. MERCHANT AND T1 PAYMENTS AGREE THAT, TO THE EXTENT REQUIRED BY APPLICABLE LEGAL REQUIREMENTS TO BE EFFECTIVE, THE LANGUAGE CONTAINED IN THIS SECTION ARE “ CONSPICUOUS” FOR THE SELECTION PURPOSES OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE ANY APPLICABLE ORDER FORMLEGAL REQUIREMENT.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO THE PRACTICE ENTITIES BE LIABLE TO YOU FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR INCREASED COSTS, EXEMPLARY DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS, GOODWILL, REPUTATION, OR ANY SIMILAR TYPE OF DAMAGES OTHER INTANGIBLE LOSS) ARISING OUT OF OR IN ANY WAY RELATED RELATING TO THE AGREEMENTTHESE TERMS OR YOUR ACCESS TO OR USE OF, THE USE OR THE YOUR INABILITY TO ACCESS OR USE THE SOFTWARESERVICE OR ANY MATERIALS, SOFTWARE SERVICESPRODUCTS, MAINTENANCE OR CONSULTING SERVICESCONTENT AVAILABLE ON OR THROUGH THE SERVICE, EVEN IF ADVISED WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY THE PRACTICE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION AGGREGATE LIABILITY OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER PRACTICE ENTITIES TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER YOU FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT RELATING TO THIS AGREEMENT OR YOUR USE OF OR ANY INABILITY TO USE ANY PORTION OF THE AGREEMENT EXCEED SERVICE, PRODUCTS SOLD THROUGH THE GREATER SERVICE, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF 1,000,000 USD LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE FEES PAID ABOVE LIMITATION MAY NOT APPLY TO YOU. FURTHERMORE, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY CUSTOMER LAW. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO LICENSOR AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE APPLICABLE ORDER FORMBASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability. EXCEPT FOR INFRINGEMENT NEITHER PARTY SHALL BE LIABLE DIRECTLY OR MISAPPROPRIATION INDIRECTLY TO THE OTHER OR TO PERMITTED ASSIGNEES OR SUCCESSOR OWNERS OF THE OTHER PARTY’S SATELLITE (S) FOR ANY AMOUNTS (INCLUDING ANY SUCH AMOUNTS CLAIMED BY THIRD PARTIES) REPRESENTING LOSS OF PROFITS, LOSS OF BUSINESS, OR INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES (EXCLUDING ANY DAMAGES FOR WHICH CONTRACTOR BECOMES OBLIGATED TO INDEMNIFY PURCHASER PURSUANT TO ARTICLE 18 WHICH DAMAGES ARE OF A TYPE TYPICALLY AWARDED FOR INTELLECTUAL PROPERTY RIGHTS INCLUDINGCLAIMS TO COMPENSATE CLAIMANT FOR THE VALUE OF THE USE OF INTELLECTUAL PROPERTY AT ISSUE, WITHOUT LIMITATIONINCLUDING LOST ROYALTIES OR LICENSE FEES), TRADE SECRETSARISING FROM THE PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT OR ANY ACTS OR OMISSIONS ASSOCIATED THEREWITH OR RELATED TO THE USE OF ANY ITEMS OR SERVICES FURNISHED HEREUNDER, DAMAGE FOR BODILY INJURYWHETHER THE BASIS OF THE LIABILITY IS BREACH OF CONTRACT, DEATHTORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), DAMAGE TO REAL STATUTES OR TANGIBLE PERSONAL PROPERTY ANY OTHER LEGAL THEORY, UNLESS SUCH ACT OR INTENTIONAL MISCONDUCT OR OMISSION ARISES FROM THE NON-CLAIMING PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. PURCHASER SHALL USE ITS BEST EFFORTS, WHEN NEGOTIATING AGREEMENTS WITH SATELLITE USERS AND OTHER PARTIES HAVING A FINANCIAL INTEREST IN THE OPERATION AND USE OF THE SATELLITES, TO OBTAIN SUCH PARTY'S AGREEMENT TO AN EQUIVALENT LIMITATION OF LIABILITY WITH RESPECT TO CONTRACTOR AND ITS SUBCONTRACTORS AND SUPPLIERS AT ANY OTHER TIER; PROVIDED, HOWEVER, THAT PURCHASER SHALL HAVE NO LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE TO CONTRACTOR FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, PURCHASER'S FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OBTAIN SUCH LIMITATIONS OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMLIABILITY.

Limitation of Liability. EXCEPT FOR INFRINGEMENT UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, TORTS OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDINGSTRICT LIABILITY, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO SHALL WE BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATAGENERAL, LOST REVENUEDIRECT, LOST PROFITSSPECIAL, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIALPUNITIVE OR OTHER DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION, PUNITIVELOSS OF PROFITS, EXEMPLARY DATA OR ANY SIMILAR TYPE USE OR COST OF DAMAGES COVER) ARISING OUT OF OR IN ANY WAY RELATED RELATING TO THE THIS AGREEMENT, THE USE DIGITAL WALLET, THE CARD IN CONNECTION TO A DIGITAL WALLET OR THE INABILITY TO USE THE ANY THIRD-PARTY SERVICES, ANY INFORMATION, SOFTWARE, SOFTWARE SERVICESPRODUCTS AND SERVICES OFFERED BY A MERCHANT OR DIGITAL WALLET PROVIDER, MAINTENANCE OR CONSULTING SERVICESANY SUPPORTED DEVICES OR WIRELESS NETWORKS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH ANY OF THE FOREGOING DAMAGES. CUSTOMER ASSUMES ALL UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF YOUR CARD IN A DIGITAL WALLET. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF A DIGITAL WALLET; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM A DIGITAL WALLET; (D) ANY BUGS, VIRUSES, TROJAN HORSES OR THE SELECTION LIKE THAT MAY BE TRANSMITTED TO OR THROUGH A DIGITAL WALLET BY ANY THIRD PARTY; AND/OR (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE SOFTWARE, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER USE OF ANY CONTENT MADE AVAILABLE THROUGH A DIGITAL WALLET OR OTHERWISE MADE AVAILABLE BY US. THE AGGREGATE LIABILITY OF US TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER YOU FOR ALL CLAIMS ARISING OUT OF OR AS RELATING TO THIS AGREEMENT, THE USE OF OR ANY INABILITY TO USE ANY PORTION OF A RESULT DIGITAL WALLET (INCLUDING ACCESS OR USING YOUR CARD IN CONNECTION WITH A DIGITAL WALLET OR SUPPORTED DEVICE) OR OTHERWISE UNDER THIS AGREEMENT, OR THE DIGITAL WALLET OR SERVICES CONTEMPLATED HEREIN, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO THE LESSER OF: ( 1) THE AMOUNT YOU HAVE PAID TO US FOR ACCESS TO AND THE USE OF THE AGREEMENT EXCEED DIGITAL WALLET IN THE GREATER 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM OR (2) $100. THE FOREGOING LIMITATION OF 1,000,000 USD OR LIABILITY SHALL APPLY TO THE FEES PAID FULLEST EXTENT PERMITTED BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMLAW.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF TO THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW LAW, MEND AND ITS AFFILIATES, SUPPLIERS, AND PARTNERS HAVE NO OBLIGATION OR LIABILITY (THE “EXCLUDED MATTERS”WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE PRODUCT LIABILITY, OR OTHERWISE) FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, LIABILITY CONCERNING ANY LOSS OF DATA, REVENUE OR PROFIT), ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM, DOCUMENTATION OR DATA, OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF REPORT OR IN ANY WAY RELATED TO CONTENT PROVIDED BY OR THROUGH THE AGREEMENT, THE USE OR THE INABILITY TO USE THE SOFTWARE, SOFTWARE SERVICES, MAINTENANCE OR CONSULTING SERVICESPLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (I) YOUR USE OR INABILITY TO USE OUR PLATFORM; (II) COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY SERVICES PURCHASED THROUGH OR FROM OUR PLATFORM; (III) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE PLATFORM; OR (IV) ANY OTHER MATTER RELATING TO THE PLATFORM. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION , SO SOME OF THE SOFTWAREABOVE LIMITATIONS MAY NOT APPLY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERSFULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL EITHER NEIGTHER PARTY’S TOTAL LIABILITY AND THE LIABILITY OF EACH OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO THE OTHER FOR ALL CLAIMS ARISING OUT OF PARTY OR AS A RESULT OF THE AGREEMENT ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE SHALL EXCEED THE GREATER HIGHER OF(i) THE AMOUNT OF 1,000,000 USD OR THE FEES ACTUALLY PAID BY CUSTOMER YOU TO LICENSOR UNDER US IN CONNECTION WITH THE APPLICABLE ORDER FORMTWELVE (12) MONTHS PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) $100.

Limitation of Liability. EXCEPT FOR INFRINGEMENT OR MISAPPROPRIATION OF TO THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDINGMAXIMUM EXTENT PERMITTED BY LAW, WITHOUT LIMITATION, TRADE SECRETS, DAMAGE FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OR ANY OTHER LIABILITY THAT MAY METANIA GAMES SHALL NOT BE EXCLUDED UNDER APPLICABLE LAW (THE “EXCLUDED MATTERS”), IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE TO YOU FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVEPUNITIVE OR OTHER SIMILAR DAMAGES, EXEMPLARY INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR ANY SIMILAR TYPE OF DAMAGES BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY RELATED TO THE AGREEMENT, THE USE THESE TERMS OF SERVICE OR THE INABILITY TO USE THE SOFTWARESERVICE ITSELF, SOFTWARE SERVICESWHETHER BASED ON CONTRACT, MAINTENANCE TORT OR CONSULTING SERVICESANY OTHER LEGAL THEORY, EVEN IF AND WHETHER OR NOT METANIA GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RESPONSIBILITY TO THE EXTENT NOT PROHIBITED BY LAW, METANIA GAMES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU PAID TO US FOR THE SELECTION PURCHASES MADE OVER THE GAMES OF METANIA GAMES. NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE SOFTWARESTATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF METANIA GAMES. You agree to indemnify, OTHER PRODUCTS AND SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER’S INTENDED RESULTS. EXCEPT FOR THE EXCLUDED MATTERSdefend and hold METANIA GAMES (and our officers, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THE AGREEMENT EXCEED THE GREATER OF 1,000,000 USD OR THE FEES PAID BY CUSTOMER TO LICENSOR UNDER THE APPLICABLE ORDER FORMdirectors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behaviour.