Common use of Limitation of Liability Clause in Contracts

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETO.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, DATA OR LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSPROPERTY, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETO.

Limitation of Liability. (A) EXCEPT WITH RESPECT FOR CLAIMS ARISING FROM NASDAQ’S WILLFUL MISCONDUCT, AND/OR NASDAQ S INDEMNIFICATION AND/OR CONFIDENTIALITY OBLIGATIONS AS SET FORTH IN THIS AGREEMENT, NASDAQ AND ITS THIRD PARTY INFORMATION PROVIDERS SHALL NOT BE LIABLE TO A BREACH DISTRIBUTOR OR TO ANY OTHER PERSON FOR TRADING LOSSES, LOSS OF SECTION 2 ANTICIPATED PROFITS, LOSS BY REASON OF SHUTDOWN IN OPERATION OR 4FOR INCREASED EXPENSES OF OPERATION, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTALPUNITIVE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTYCONSEQUENTIAL, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR INCIDENTAL LOSS OR DESTRUCTION DAMAGE OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSNATURE ARISING FROM ANY CAUSE WHATSOEVER, EVEN IF SUCH NASDAQ AND/OR ITS THIRD PARTY HAS INFORMATION PROVIDERS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR CLAIMS ARISING FROM DISTRIBUTOR’S WILLFUL MISCONDUCT, AND/OR DISTRIBUTOR'S INDEMNIFICATION AND/OR CONFIDENTIALITY OBLIGATIONS AS SET FORTH IN NO EVENT THIS AGREEMENT, DISTRIBUTOR SHALL AVEPOINT HAVE NOT BE LIABLE FOR INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL LOSS OR DAMAGE OF ANY LIABILITY TO CUSTOMER IN EXCESS NATURE ARISING FROM ANY CAUSE WHATSOEVER, EVEN IF DISTRIBUTOR HAS BEEN ADVISED OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOPOSSIBILITY OF SUCH DAMAGES.

Limitation of Liability. EXCEPT WITH RESPECT Except to the extent otherwise contemplated in Schedule 1, if an Assessment does not perform properly due to the fault of Questionmark Technology, Questionmark will allow the affected Participants to retake the Assessment at no additional charge to Customer. IN NO EVENT SHALL EITHER PARTY'S TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF AMOUNT OF FEES ACTUALLY PAID BY AND/OR DUE FROM CUSTOMER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO A BREACH OF SECTION 2 CLAIM OR 4, OR AS PROVIDED FIFTY THOUSAND UNITED STATES DOLLARS ($50,000) AND IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE INCIDENTAL OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, OF ANY PARTY CLAIMING ON BEHALF OF TYPE OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, KIND (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS REVENUE, PROFITS, COSTS OF COVER, USE OF OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSSERVICES, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY HAS PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT THE ABOVE LIMITATIONS OF LIABILITY SHALL AVEPOINT HAVE ANY LIABILITY NOT APPLY TO CUSTOMER IN EXCESS (A) INDEMNIFICATION FOR THIRD PARTY CLAIMS, (B) MISAPPROPRIATION OR VIOLATION OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETO.INTELLECTUAL PROPERTY RIGHTS,

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETO. FOR THE AVOIDANCE OF DOUBT, THE PRECEDING LIMITATION OF LIABILITY SHALL NOT AFFECT LIABILITY FOR DEATH OR PERSONAL INJURY, WILFUL DEFAULT, FRAUD OR PRODUCT LIABILITY, FOR WHICH THE LIABILITIES ARE UNLIMITED.

Limitation of Liability. EXCEPT WITH RESPECT TO A IN CASE OF WILLFUL MISCONDUCT, BREACH OF THE LICENSE SCOPE GRANTED UNDER SECTION 2 7 HEREOF OR 4, OR AS PROVIDED THE INFRINGEMENT INDEMNIFICATION SET FORTH IN SECTION 7 6 HEREOF, UNDER IN NO CIRCUMSTANCES EVENT SHALL EITHER PARTY’S TOTAL MONETARY OBLIGATION AND LIABILITY TO THE OTHER PARTY OR ANY OTHER PARTY UNDER THIS AGREEMENT, EXCEED THE PAYMENTS MADE BY LICENSEE TO LICENSOR FOR THE SOFTWARE AND/OR SERVICES THAT GAVE RISE TO THE ACTION OR CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT, AND IF NO SUCH SOFTWARE OR SERVICES ARE SO APPLICABLE THEN THE MAXIMUM LIABILITY FOR EITHER PARTY SHALL NOT EXCEED THE AMOUNT OF LICENSE FEES PAID BY LICENSEE TO LICENSOR HEREUNDER DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT. SUBJECT TO THE REQUIREMENTS AND LIMITATIONS, IF ANY, OF APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTIES FOR ANY INDIRECT, SPECIAL, INCIDENTALCONSEQUENTIAL, EXEMPLARYCOLLATERRAL OR INCIDENTAL DAMAGES, PUNITIVE INCLUDING, WITHOUT LIMITATION, ANY DAMAGE OR CONSEQUENTIAL DAMAGES INJURY TO BUSINESS EARNINGS, LOST PROFITS, DATA OR GOODWILL SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING PERSON ARISING FROM OR ARISING OUT OF AND/OR RELATED TO THIS AGREEMENT, AGREEMENT OR RELATED AND/OR CONNECTED TO ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSSOFTWARE, EVEN IF SUCH THE PUTATIVELY LIABLE PARTY HAS BEEN PREVIOUSLY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETO.

Limitation of Liability. EXCEPT IN NO EVENT SHALL EITHER PARTY'S LIABILITY WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY CUSTOMER HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED TWENTY FIVE PERCENT (25%) OF THE TOTAL AGREEMENT AMOUNT PAID BY CUSTOMER. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER THIS AGREEMENT, . IN NO EVENT WILL EITHER PARTY HAVE ANY ADDENDUM HERETO OR LIABILITY TO THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES OTHER PARTY FOR LOSS OF BUSINESS OR ANY LOST PROFITS, BUSINESS INTERRUPTIONREVENUES OR INDIRECT, DAMAGE SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR LOSS PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR DESTRUCTION OF DATA, LOSS OF USE TORT AND REGARDLESS OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION THEORY OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSLIABILITY, EVEN IF SUCH A PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY THE FOREGOING DISCLAIMER WILL NOT APPLY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID EXTENT PROHIBITED BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOLAW.

Limitation of Liability. EXCEPT WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOLAREDGE WILL BE LIABLE TO BUYER ONLY FOR DIRECT DAMAGES ACTUALLY INCURRED BY BUYER AND ONLY UP TO A BREACH OF SECTION 2 OR 4MAXIMUM AMOUNT EQUAL TO THE PURCHASE PRICE FOR THE PRODUCTS THAT CAUSED SUCH DAMAGES, OR AS PROVIDED IN SECTION 7 HEREOFAND BUYER HEREBY RELEASES SOLAREDGE AND ITS AFFILIATES FROM ALL OTHER CLAIMS AND LIABILITIES INCLUDING, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS (A) ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTIONLOST REVENUES, DAMAGE FAILURE TO REALIZE EXPECTED SAVINGS, OR LOSS OTHER COMMERCIAL OR DESTRUCTION ECONOMIC LOSSES OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSKIND, EVEN IF SUCH PARTY SOLAREDGE HAS BEEN PREVIOUSLY ADVISED ADVISED, OR HAD REASON TO KNOW, OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE DAMAGE, (B) ANY LIABILITY ARISING IN TORT OR OTHERWISE, WHETHER OR NOT ARISING OUT OF SOLAREDGE’S NEGLIGENCE, AND ALL LOSSES OR DAMAGES TO CUSTOMER IN EXCESS ANY PROPERTY OR FOR ANY PERSONAL INJURY OR ECONOMIC LOSS OR DAMAGE CAUSED BY THE CONNECTION OF A PRODUCT TO ANY OTHER DEVICE OR SYSTEM, AND (C) ANY DAMAGE OR INJURY ARISING FROM, OR AS A RESULT OF, MISUSE, ABUSE OR INCORRECT INSTALLATION, INTEGRATION OR OPERATION OF THE AMOUNTS PAID PRODUCTS BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOPERSONS NOT AUTHORIZED BY SOLAREDGE.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SERVICE PROVIDER, WILDBLUE NOR ANY OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES THE PARTNERS SHALL EITHER PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARYSPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY LOSS CAUSED BREACH OF ANY REPRESENTATION OR WARRANTY. WITHOUT IN ANY WAY LIMITING THE FOREGOING, IF FOR ANY REASON, BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNETLAW OR OTHERWISE, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED ANY PORTION OF THE POSSIBILITY FOREGOING LIMITATION OF LIABILITY SHALL BE VOIDED, THEN IN SUCH EVENT AFFILAITE’S MAXIMUM, SOLE, AND EXCLUSIVE LIABILITY AND THE LIABILITY OF WILDBLUE AND THE PARTNERS SHALL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO SERVICE PROVIDER BY YOU FOR SERVICE DURING AND FOR A PERIOD OF TIME COMMENCING UPON THE OCCURRENCE OF SUCH DAMAGES. ERROR, DEFECT OR FAILURE AND CEASING UPON THE DISCOVERY OF SUCH, IN WHOLE OR IN PART; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER SUCH PERIOD OF TIME EXCEED THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE WHICH SUCH ERROR, DEFECT OR FAILURE IS FIRST DISCOVERED IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT WHOLE OR ANY ADDENDUM HERETOIN PART.

Limitation of Liability. EXCEPT WITH RESPECT TO INDEMNIFICATION OBLIGATIONS, AND CLAIMS ARISING FROM A PARTY’S FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR BREACH OF SECTION 2 OR 47(C) (CONFIDENTIALITY), OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EITHER NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTYDAMAGES, OR ANY OTHER THIRD PARTY RESULTING FROM DAMAGES FOR LOST DATA, BUSINESS INTERRUPTION, LOST PROFITS, LOST REVENUE OR LOST BUSINESS, ARISING OUT OF OR RELATED TO IN CONNECTION WITH THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH A PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY THE FOREGOING LIMITATIONS WILL APPLY (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND (B) EVEN IF AN EXCLUSIVE OR LIMITED REMEDY STATED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. EACH PARTY’S LIABILITY TO CUSTOMER IN EXCESS THE OTHER PARTY OR ITS AFFILIATES FOR LOSS OR DAMAGE OF ANY KIND SHALL BE REDUCED TO THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT EXTENT THAT THE OTHER PARTY, ANY AFFILIATE THEREOF OR ANY ADDENDUM HERETOOF ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS CONTRIBUTED TO THAT LOSS OR DAMAGE.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER, NOR SHALL QUALCOMM BE LIABLE TO BUYER'S DISTRIBUTORS OR CUSTOMERS, FOR ANY INCIDENTAL, INDIRECT, SPECIALCONSEQUENTIAL OR SPECIAL DAMAGES, INCIDENTALINCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTYLOST SAVINGS, OR ANY OTHER THIRD PARTY RESULTING FROM OR INCIDENTAL DAMAGES, ARISING OUT OF THE SUPPLY AGREEMENT INCLUDING BUT NOT LIMITED TO, THE USE OR RELATED INABILITY TO THIS AGREEMENTUSE, OR THE DELIVERY OR FAILURE TO DELIVER, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY PRODUCT(S) OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSSOFTWARE, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL REMAIN IN NO EVENT FULL FORCE AND EFFECT REGARDLESS OF WHETHER A PARTY'S REMEDIES HEREUNDER ARE DETERMINED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. FURTHER, THE ENTIRE LIABILITY OF EITHER PARTY, AND THE SOLE AND EXCLUSIVE REMEDY OF ANY PARTY, FOR ANY CLAIM OR CAUSE OF ACTION ARISING HEREUNDER (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS NOT EXCEED THE PURCHASE PRICE FOR THE PRODUCT WHICH IS THE SUBJECT OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT SUCH CLAIM OR ANY ADDENDUM HERETOCAUSE OF ACTION.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED LICENCED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETO.

Limitation of Liability. EXCEPT WITH RESPECT FOR SECTION 7, THE LIABILITY OF EACH PARTY AND ITS LICENSORS, SUPPLIERS AND SUBCONTRACTORS IS LIMITED IN ANY EVENT TO ACTUAL DIRECT DAMAGES TO THE EXTENT CAUSED SOLELY BY SUCH PARTY’S ACTS OR OMISSIONS, UP TO A BREACH MAXIMUM LIABILITY EQUAL TO THE AMOUNT OF SECTION 2 OR 4, OR AS PROVIDED THE CONTRACT PRICE. IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EVENT WILL EITHER PARTY OR ITS LICENSORS, SUPPLIERS OR SUBCONTRACTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARYCONSEQUENTIAL, PUNITIVE SPECIAL OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTYINDIRECT DAMAGES, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTYLOST BUSINESS PROFITS, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTIONLOSS, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE REGARDLESS OF THE LICENSED PROPERTY FORM OF ACTION, WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSOTHERWISE, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGESTHE SAME. OROCK EXPRESSLY DISCLAIMS ALL LIABILITY ASSOCIATED WITH ANY THIRD-PARTY OPEN SOURCE CODE INCLUDED IN THE WORK PRODUCT. NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY LIMITATION AS TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETODAMAGES FOR PERSONAL INJURY, DEATH, or FRAUD IS HEREBY INTENDED. Neither party shall bring any action, whether in contract or tort, including negligence, arising out of or in connection with this Agreement, more than six (6) years after the cause of action has accrued.

Limitation of Liability. EXCEPT WITH RESPECT WITHOUT PREJUDICE TO A BREACH ARTICLE 1229 OF SECTION 2 OR 4THE ITALIAN CIVIL CODE, OR AS PROVIDED IN SECTION 7 HEREOF, SELLER'S LIABILITY UNDER NO CIRCUMSTANCES THE AGREEMENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LIMITED TO THE AMOUNT OF THE ACTUAL DIRECT DAMAGES SUFFERED INCURRED BY THE BUYER OR TO 40% OF THE PRICE PAID BY THE BUYER TO THE SELLER FOR THE EQUIPMENT OR TO THE REPLACEMENT OF THE EQUIPMENT, WHICHEVER IS THE LOWEST. THE BUYER SHALL BE ENTITLED TO NO OTHER PARTYREMEDY REGARDLESS OF THE FORM OF CLAIM OR CAUSE OF ACTION, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS WHETHER BASED IN AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOFNEGLIGENCE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS STRICT LIABILITY OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGESOTHERWISE. IN NO EVENT SHALL AVEPOINT HAVE THE SELLER BE LIABLE FOR ANY LIABILITY TO CUSTOMER LOSS OF PROFITS AND/OR INDIRECT DAMAGES. NOTWITHSTANDING ANYTHING CONTAINED IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETO.OTHER AGREEMENT TO THE CONTRARY AND TO THE FULLEST EXTENT ALLOWED BY LAW, IN THE EVENT THAT THE WORK, PRODUCTS OR SERVICES PROVIDED BY THE SELLER AND/OR OTHERWISE IDENTIFIED HEREIN ARE PROVIDED, USED, OR OTHERWISE EMPLOYED IN, ON OR AROUND A FACILITY GENERATING AND/OR EMPLOYING IN ANY MANNER NUCLEAR OR RADIOACTIVE MATERIAL AND/OR OR GENERATING NUCLEAR, RADIOACTIVE OR IONIZING RADIATION WHETHER AS A FUEL, PRODUCT OR ANY OTHER SUBSTANCE (THE “NUCLEAR SUBSTANCES”), THE BUYER:

Limitation of Liability. EXCEPT WITH RESPECT TO A IN CASE OF WILLFUL MISCONDUCT, BREACH OF THE LICENSE SCOPE UNDER SECTION 2 2.2 HEREOF AND/OR 4THE INFRINGEMENT INDEMNIFICATIONS UNDER SECTION 9 HEREOF, IN NO EVENT SHALL EITHER PARTY’S TOTAL MONETARY OBLIGATION AND LIABILITY TO THE OTHER PARTY OR ANY OTHER PARTY UNDER THIS AGREEMENT EXCEED THE PAYMENTS MADE BY OEM TO LICENSOR FOR THE SOFTWARE AND/OR SERVICES THAT GAVE RISE TO THE ACTION OR CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT, AND IF NO SUCH SOFTWARE OR SERVICES ARE SO APPLICABLE THEN THE MAXIMUM LIABILITY FOR EITHER PARTY SHALL NOT EXCEED THE AMOUNT OF LICENSE FEES PAID BY OEM TO LICENSOR HEREUNDER DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT.‌ SUBJECT TO THE REQUIREMENTS AND LIMITATIONS, IF ANY, OF APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY, THE END CUSTOMERS, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO ANY THIRD PARTIES FOR ANY INDIRECT, SPECIAL, INCIDENTALCONSEQUENTIAL, EXEMPLARYCOLLATERAL OR INCIDENTAL DAMAGES, PUNITIVE INCLUDING, WITHOUT LIMITATION, ANY DAMAGE OR CONSEQUENTIAL DAMAGES INJURY TO BUSINESS EARNINGS, LOST PROFITS, DATA OR GOODWILL SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING PERSON ARISING FROM OR ARISING OUT OF AND/OR RELATED TO THIS AGREEMENT, AGREEMENT OR RELATED AND/OR CONNECTED TO ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSSOFTWARE, EVEN IF SUCH THE PUTATIVELY LIABLE PARTY HAS BEEN PREVIOUSLY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETO.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED FOR THE OBLIGATIONS SET FORTH IN SECTION 7 HEREOF8 (INDEMNIFICATION) AND CLAIMS ARISING UNDER SECTION 10 (CONFIDENTIALITY), UNDER NO CIRCUMSTANCES SHALL EITHER NEITHER PARTY WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF (INCLUDING BUT NOT LIMITED TO SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR THROUGH THE OTHER PARTYWARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER THIRD PARTY RESULTING FROM FOR INTERRUPTED COMMUNICATIONS, LOST BUSINESS, LOST DATA OR LOST PROFITS, ARISING OUT OF OR RELATED TO IN CONNECTION WITH THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF (OR KNOWS OR SHOULD KNOW OF) THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE OBLIGATIONS SET FORTH IN SECTION 8 (INDEMNIFICATION) AND CLAIMS ARISING UNDER SECTION 10 (CONFIDENTIALITY), UNDER NO EVENT CIRCUMSTANCES SHALL AVEPOINT HAVE EITHER PARTY, ITS AFFILIATES, OR RELATED COMPANIES BE LIABLE TO THE OTHER PARTY OR ANY LIABILITY TO CUSTOMER IN EXCESS OF THIRD PARTY FOR AN AMOUNT GREATER THAN THE AMOUNTS “SETUP FEE” PAID BY CUSTOMER THE JYT TO AVEPOINT UNDER JYT AS PER THE COMMERCIALS AGREED UPON IN THIS AGREEMENT OR ANY ADDENDUM HERETO.AGREEMENT. CONFIDENTIALITY; MEDIA COMMUNICATIONS

Limitation of Liability. EXCEPT WITH RESPECT TO A FOR THE PARTIES’ INDEMNIFICATION OBLIGATIONS IN SECTIONS 14 AND 15 ABOVE, OFFICE DEPOT’S BREACH OF SECTIONS 3.3 OR 3.4, OR EITHER PARTY’S WILLFUL, OR KNOWING BREACH OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTYDAMAGES, ANY PARTY CLAIMING WHETHER BASED ON BEHALF OF OR THROUGH THE OTHER PARTYCONTRACT, TORT, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENTLEGAL THEORY, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOFINCLUDING, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS DATA OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATAITS USE, LOSS OF USE PROFITS, LOSS OF THE LICENSED PROPERTY BUSINESS, OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSOTHER ECONOMIC DAMAGES, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSS OR DAMAGE. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS REGARDLESS OF THE FORM OF ACTION, OTHER THAN AN ACTION FOR PAYMENT OF AMOUNTS PAID BY CUSTOMER TO AVEPOINT DUE UNDER THE AGREEMENT, THE PARTIES’ INDEMNIFICATION OBLIGATIONS IN SECTIONS 14 AND 15 ABOVE, OFFICE DEPOT’S BREACH OF SECTIONS 3.3 OR 3.4, AND EITHER PARTY’S WILLFUL OR KNOWING BREACH OF SECTION 4, THE TOTAL LIABILITY OF EITHER PARTY UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOSHALL NOT EXCEED THE TOTAL AMOUNT PAID TO SUPPORTSOFT FOR SERVICES SATISFACTORILY PERFORMED UNDER THIS AGREEMENT AS OF THE DATE OF SUCH CLAIM.”

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, SPECIALOR INCIDENTAL DAMAGES, INCIDENTALHOWEVER CAUSED, EXEMPLARY, PUNITIVE ON ANY THEORY OF LIABILITY AND WHETHER OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE DESIGNS, TECHNOLOGY OR PRODUCTS LICENSED OR OTHERWISE PROVIDED PURSUANT TO THIS AGREEMENT. IN NO EVENT WILL RAMBUS' LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE FEES, ROYALTIES, AND OTHER AMOUNTS RECEIVED BY RAMBUS HEREUNDER. IN NO EVENT WILL INTEL'S LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE FEES, ROYALTIES, AND OTHER AMOUNTS PAID OR PAYABLE BY INTEL HEREUNDER, PROVIDED, HOWEVER, THAT THIS MAXIMUM LIABILITY OF INTEL SHALL AVEPOINT HAVE ANY LIABILITY BE IN ADDITION TO CUSTOMER IN EXCESS INTEL'S OBLIGATION TO PAY ALL FEES, ROYALTIES, AND OTHER AMOUNTS PAYABLE, BUT UNPAID, BY INTEL. THESE LIMITATIONS, HOWEVER, SHALL NOT APPLY TO INFRINGEMENT OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OTHER PARTY'S INTELLECTUAL PROPERTY RIGHTS OR ANY ADDENDUM HERETOBREACHES OF SECTION 6 HEREOF.

Limitation of Liability. EXCEPT WITH RESPECT IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO A BREACH THE OTHER HEREUNDER FOR ANY LOST PROFITS, LOSS OF SECTION 2 OR 4DATA, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ARISING IN ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING WAY OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY CAUSE OF ACTION, OTHER THAN (i) IN CONNECTION WITH SONICS’ INDEMNIFICATION OBLIGATIONS UNDER SECTION 8, (ii) FOR A MATERIAL BREACH BY EITHER PARTY OF THE CONFIDENTIALITY PROVISIONS OF THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH CONFIDENTIAL/EXECUTION COPY PARTY HAS BEEN PREVIOUSLY ADVISED INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT IN CONNECTIONWITH SONICS’ INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL AVEPOINT HAVE WILL EITHER PARTY’S AGGREGATE LIABILITY UNDER ANY LIABILITY LEGAL THEORY RELATED TO CUSTOMER IN EXCESS OF THIS AGREEMENT EXCEED THE AMOUNTS AMOUNT PAID BY CUSTOMER BROADCOM TO AVEPOINT UNDER THIS AGREEMENT SONICS HEREUNDER, PROVIDED, HOWEVER, THAT NOTHING IN THE FOREGOING SECTION SHALL OPERATE TO DEPRIVE EITHER PARTY OF ANY REMEDIES OR DAMAGES THEY ARE OR MAY BE ENTITLED TO FOR THE MISAPPROPRIATION OF TRADE SECRETS, OR THE INFRINGEMENT OF ANY ADDENDUM HERETOPATENTS, COPYRIGHTS OR TRADEMARKS.

Limitation of Liability. EXCEPT WITH RESPECT TO A IN CASE OF WILLFUL MISCONDUCT, BREACH OF THE LICENSE SCOPE UNDER SECTION 2 2.2 HEREOF AND/OR 4THE INFRINGEMENT INDEMNIFICATIONS UNDER SECTION 9 HEREOF, IN NO EVENT SHALL EITHER PARTY’S TOTAL MONETARY OBLIGATION AND LIABILITY TO THE OTHER PARTY OR ANY OTHER PARTY UNDER THIS AGREEMENT EXCEED THE PAYMENTS MADE BY OEM TO LICENSOR FOR THE SOFTWARE AND/OR SERVICES THAT GAVE RISE TO THE ACTION OR CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT, AND IF NO SUCH SOFTWARE OR SERVICES ARE SO APPLICABLE THEN THE MAXIMUM LIABILITY FOR EITHER PARTY SHALL NOT EXCEED THE AMOUNT OF LICENSE FEES PAID BY OEM TO LICENSOR HEREUNDER DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT. SUBJECT TO THE REQUIREMENTS AND LIMITATIONS, IF ANY, OF APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY, THE END CUSTOMERS, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO ANY THIRD PARTIES FOR ANY INDIRECT, SPECIAL, INCIDENTALCONSEQUENTIAL, EXEMPLARYCOLLATERAL OR INCIDENTAL DAMAGES, PUNITIVE INCLUDING, WITHOUT LIMITATION, ANY DAMAGE OR CONSEQUENTIAL DAMAGES INJURY TO BUSINESS EARNINGS, LOST PROFITS, DATA OR GOODWILL SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING PERSON ARISING FROM OR ARISING OUT OF AND/OR RELATED TO THIS AGREEMENT, AGREEMENT OR RELATED AND/OR CONNECTED TO ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSSOFTWARE, EVEN IF SUCH THE PUTATIVELY LIABLE PARTY HAS BEEN PREVIOUSLY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETO.

Limitation of Liability. EXCEPT WITH RESPECT TO FOR A BREACH OF SECTION 2 OR 43.4, INDEMNIFICATION LIABILITY UNDER SECTION 6, OR AS PROVIDED IN A BREACH OF SECTION 7 HEREOFBELOW, UNDER NO CIRCUMSTANCES SHALL EITHER NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, REGARDLESS OF THE FORM OR CAUSE OF ACTION, WHETHER IN CONTRACT OR TORT, OR THE NUMBER OF CLAIMS: (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY TO THE OTHER PARTY, FOR ANY PARTY CLAIMING ON BEHALF CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES, ANY LOSS OF REVENUES OR THROUGH THE OTHER PARTYPROFITS, OR ANY OTHER THIRD PARTY RESULTING FROM OR COST OF COVER ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO WHETHER OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) EACH PARTY’S LIABILITY FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT WILL BE LIMITED TO THE FEES ACTUALLY PAID OR PAYABLE BY CUSTOMER FOR THE SERVICES OR DELIVERABLES THAT ARE THE SUBJECT OF SUCH CLAIM. THE PARTIES AGREE THAT THIS SECTION 5.5 REFLECTS A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS LIGHT OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER TERMS OF THIS AGREEMENT OR AGREEMENT. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY ADDENDUM HERETOLIMITED REMEDY AVAILABLE HEREUNDER.

Limitation of Liability. EXCEPT WITH RESPECT TO FOR CLAIMS ARISING OUT OF A BREACH BY ONE PARTY OF SECTION 2 THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS OR 4CLAIMS ARISING UNDER A PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIALCONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOFWHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF BUSINESS INFORMATION AND THE LIKE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE LICENSED PROPERTY TECHNOLOGIES OR ANY LOSS CAUSED BY THE INTERRUPTIONPRODUCTS OR SERVICES PROVIDED HEREUNDER, TERMINATION OR FAILED OPERATION REGARDLESS OF THE INTERNETFORM OF ACTION, THIRD PARTY TELECOMMUNICATION SERVICES WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR THIRD PARTY SECURITY FEATURES OR SYSTEMSOTHERWISE, EVEN IF SUCH THE OTHER PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. IN NO EVENT SHALL AVEPOINT HAVE ANY DSS’ LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOEXCEED THE TOTAL AMOUNT PAID BY LICENSEE TO DSS UNDER THIS AGREEMENT.

Limitation of Liability. EXCEPT WITH RESPECT IN NO EVENT SHALL SYX BE LIABLE TO THE VENDOR FOR A BREACH OF SECTION 2 MONETARY AMOUNT GREATER THAN THE AMOUNTS DUE AND OWING FOR PRODUCTS AND/OR 4SERVICES ACTUALLY RECEIVED BY SYX PURSUANT TO THIS AGREEMENT AND IN NO EVENT SHALL SYX BE LIABLE TO VENDOR FOR ANY NEGLIGENCE, ANY FUTURE OR CONTEMPLATED AGREEMENT OR BUSINESS RELATIONSHIP, ANY LOSS OR INJURIES TO EARNINGS, PROFITS, OR AS PROVIDED IN SECTION 7 HEREOFGOODWILL, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE OR FOR ANY INDIRECTINCIDENTAL, SPECIAL, INCIDENTALPUNITIVE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTYOF ANY PERSON OR ENTITY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTYWHETHER ARISING IN CONTRACT, TORT, OR ANY OTHER THIRD PARTY RESULTING FROM OTHERWISE, IN CONNECTION WITH THIS AGREEMENT OR ITS BREACH, OR ARISING OUT FROM THE RELATIONSHIP OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO THE PARTIES OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS CONDUCT OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSBETWEEN THEM, EVEN IF SUCH PARTY VENDOR HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH IN NO EVENT THIS SECTION SHALL AVEPOINT HAVE APPLY EVEN IF ANY LIABILITY TO CUSTOMER IN EXCESS OTHER REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER PROVISIONS OF THIS AGREEMENT OR ANY ADDENDUM HERETOALLOCATE THE RISKS BETWEEN THE PARTIES. SYX’S PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY IN THIS SECTION.

Limitation of Liability. EXCEPT WITH RESPECT IN NO EVENT SHALL IMPULSE BE LIABLE TO A BREACH CUSTOMER OR TO ANY OTHER THIRD PERSON OR ENTITY (I) FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF SECTION 2 SALE, BUSINESS, PROFITS, DATA, OPPORTUNITY OR 4GOODWILL, EVEN IF THE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE AND EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING DAMAGES, ARISING OUT OF, OR AS PROVIDED IN SECTION 7 HEREOFTHE RESULT OF, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE THE SALE, DELIVERY, NON- DELIVERY, SERVICING, USE OR LOSS OF USE OF THE PRODUCTS OR ANY PART THEREOF, OR (II) FOR ANY INDIRECTCHARGES OR EXPENSES OF ANY NATURE INCURRED WITHOUT IMPULSE’S PRIOR WRITTEN CONSENT, SPECIALEVEN THOUGH IMPULSE HAS BEEN FOUND TO BE NEGLIGENT OR STRICTLY LIABLE, INCIDENTALWHETHER IN CONTRACT, EXEMPLARY, PUNITIVE TORT OR CONSEQUENTIAL DAMAGES SUFFERED OTHER LEGAL THEORY WITH THE EXCEPTION OF WILLFUL OR GROSSLY NEGLIGENT ACTS. IN NO EVENT SHALL IMPULSE’S LIABILITY UNDER ANY CLAIM MADE BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, CUSTOMER OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR EXCEED THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE PURCHASE PRICE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION PRODUCTS IN RESPECT OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOWHICH DAMAGES ARE CLAIMED.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES NEITHER AIRPLUS NOR CUSTOMER SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE LOSSES OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, OF ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOFKIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOSS OF PROFITS, LOSS OF BUSINESS OR PROFITSREVENUE, BUSINESS INTERRUPTION, DAMAGE LOSS OF CUSTOMERS OR LOSS OR DESTRUCTION OF DATACLIENTS, LOSS OF USE OF DATA, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL, COSTS ARISING FROM ACTUAL EVENTS THAT DIFFER FROM THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION INFORMATION OBTAINED FROM USE OF THE INTERNETCOMPANY ACCOUNT, THIRD PARTY TELECOMMUNICATION COMPANY WEBSITE, THE AIRPLUS BUSINESS TRAVEL PORTAL, AND ANY AND ALL RELATED SERVICES OFFERED OR THIRD PARTY SECURITY FEATURES OR SYSTEMSPROVIDED BY AIRPLUS UNDER THIS AGREEMENT, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY; EVEN IF SUCH EITHER PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSS, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL AIRPLUS’ LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE ANNUAL FEES RECEIVED FROM CUSTOMER UNDER THIS AGREEMENT. IN NO EVENT SHALL AVEPOINT HAVE THIS SECTION BE INTERPRETED SO AS TO PREVENT OR DETRACT AIRPLUS FROM COLLECTING ANY LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID CHARGES, FEES OR COSTS OWED BY CUSTOMER TO AVEPOINT AIRPLUS UNDER OTHER PROVISIONS OF THIS AGREEMENT OR ANY ADDENDUM HERETOAGREEMENT.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST EQUIPMENT, ANY WEBSITE OR NETWORK DOWNTIME, OR COST OF PROCURING SUBSTITUTE SERVICES, OR, EXCEPT FOR DAMAGES OTHERWISE SPECIFIED IN PARAGRAPH 8 HEREIN (“DATA BREACH COSTS”), FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTYOF ANY KIND, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTYHOWEVER ARISING, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR WHICH ARE RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR AGREEMENT AND THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS PROVISION OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSHEREUNDER, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR CLAIMS CAUSED BY THE GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT OF A PARTY, IN NO EVENT SHALL AVEPOINT HAVE EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY LIABILITY THIRD PARTY FOR CLAIMS, LIABILITIES OR EXPENSES RELATING TO CUSTOMER THIS AGREEMENT FOR AN AGGREGATE AMOUNT IN EXCESS OF THE LESSER OF: (i) ACTUAL DIRECT DAMAGES OR (ii) AMOUNTS ACTUALLY PAID BY CUSTOMER TO AVEPOINT COMPANY UP TO THE TIME THE EVENT RESULTING IN LIABILITY OCCURS AND PURSUANT TO THE ORDER FORM UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOWHICH THE CLAIM AROSE.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED ALL LIABILITY FOR AND SHALL IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY EVENT BE LIABLE FOR ANY INDIRECTINCIDENTAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE INDIRECT OR CONSEQUENTIAL ****CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. CONFIDENTIAL TREATMENT REQUESTED DAMAGES, EXPENSES, LOST PROFITS, LOST SAVINGS, INTERRUPTIONS OF BUSINESS OR OTHER DAMAGES SUFFERED BY THE OTHER PARTY, OF ANY PARTY CLAIMING ON BEHALF OF KIND OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR CHARACTER WHATSOEVER ARISING OUT OF OR RELATED TO THIS AGREEMENTAGREEMENT OR RESULTING FROM THE MANUFACTURE, ANY ADDENDUM HERETO HANDLING, MARKETING, SALE, DISTRIBUTION OR THE PERFORMANCE USE OF LICENSED PRODUCT OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTIONPATENTS AND CAPTISOL DATA PACKAGE, TERMINATION OR FAILED OPERATION REGARDLESS OF THE INTERNETFORM OF ACTION, THIRD PARTY TELECOMMUNICATION SERVICES WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR THIRD PARTY SECURITY FEATURES OR SYSTEMSOTHERWISE, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY **** WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN **** TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED ****. NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY ACTION, REGARDLESS OF FORM, ARISING OUT OF OR RELATED TO CUSTOMER IN EXCESS THIS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN **** AFTER SUCH PARTY HAS KNOWLEDGE OF THE AMOUNTS PAID BY CUSTOMER OCCURRENCE THAT GAVE RISE TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOTHE CAUSE OF SUCH ACTION.

Limitation of Liability. EXCEPT FOR A PARTY’S BREACH OF SECTIONS 3, 4 OR 6 OR WITH RESPECT TO A BREACH OF SECTION 2 ANY INDEMNIFICATION OBLIGATION SET FORTH IN THIS AGREEMENT: (a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY, ITS AFFILIATES OR 4, OR AS PROVIDED IN SECTION 7 HEREOFLICENSORS SHALL BE LIABLE, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARYCONSEQUENTIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH EXEMPLARY DAMAGES. ; AND (b) IN NO EVENT SHALL AVEPOINT HAVE ANY THE TOTAL LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT EITHER PARTY, ITS AFFILIATES OR ITS LICENSORS UNDER THIS AGREEMENT EXCEED THE TOTAL FEES PAID OR PAYABLE TO NECS HEREUNDER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE THE CAUSE OF ACTION AROSE. NEITHER NECS NOR ITS AFFILIATES OR LICENSORS SHALL BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER DIRECT OR INDIRECT, RESULTING FROM ANY LOSS OR CORRUPTION OF CUSTOMER CONTENT. IF CUSTOMER IS UNABLE TO USE THE APPLICATION SERVICE AS A RESULT OF ANY DATA LOSS OR CORRUPTION, OR ANY ADDENDUM HERETOMALFUNCTION OR INCOMPATIBILITY, AS ITS SOLE AND EXCLUSIVE REMEDY, CUSTOMER MAY ELECT TO TERMINATE THIS AGREEMENT AND RECEIVE A REFUND OF ANY UNUSED PRE-PAID FEES.

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT WITH RESPECT TO IN THE CASE OF A BREACH OF SECTION 2 OR 4PARTY’S INDEMNIFICATION AND NONDISCLOSURE OBLIGATIONS HEREUNDER, OR ITS INTENTIONAL MISCONDUCT OR FRAUD, THE AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT FOR EITHER PARTY WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE, WILL BE LIMITED TO THE AGGREGATE AMOUNT PAID TO KITOV BY COEPTIS HEREUNDER DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM OR LEGAL ACTION CREATING THE LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT IN THE CASE OF A PARTY’S INDEMNIFICATION AND NON-DISCLOSURE OBLIGATIONS HEREUNDER, AS PROVIDED WELL AS ITS INTENTIONAL MISCONDUCT OR FRAUD, IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARYCONSEQUENTIAL OR PUNITIVE DAMAGES OR LOSSES, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTYINCLUDING, BUT NOT LIMITED TO, ANY PARTY CLAIMING ON BEHALF OF LOST PROFITS OR THROUGH THE OTHER PARTYOPPORTUNITIES, ARISING OUT OF, RELATING TO, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO IN CONNECTION WITH THIS AGREEMENT, ANY ADDENDUM HERETO INCLUDING THE MANUFACTURE, SALE OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE SUPPLY OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSPRODUCTS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR LOSSES. THE FOREGOING LIMITATIONS SHALL NOT APPLY IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS THE CASE OF THE AMOUNTS PAID GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOSUCH PARTY.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH FOR LIABILITY UNDER ARTICLE 8 OF SECTION 2 OR 4THIS AGREEMENT, OR AS PROVIDED IN SECTION 7 HEREOFFRx SHALL NOT, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY ANY CIRCUMSTANCES, BE LIABLE FOR TO PSC OR ANY INDIRECTDEALER, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, END-USER OR ANY OTHER THIRD PARTY RESULTING FROM FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREIN INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS OR LOSS OF DATA STORED IN THE SOFTWARE, EVEN IF FRx IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. IN NO EVENT SHALL FRx's LIABILITY TO PSC HEREUNDER ARISING OUT OF OR RELATED TO THE TRANSACTIONS CONTEMPLATED HEREIN, EXCEED THE FEES PAID BY PSC TO FRx HEREUNDER IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE SUCH ACTION OR CLAIM WAS FILED OR THE FIRST TWELVE (12) MONTHS FOLLOWING EXECUTION OF THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOWHICHEVER AMOUNT IS GREATER.

Limitation of Liability. EXCEPT WITH RESPECT TO FOR A BREACH BY EITHER PARTY OF SECTION 2 OR 4ITS CONFIDENTIALITY OBLIGATIONS UNDER ARTICLE 7 AND EXCEPT FOR BREACHES OF ANY LICENSE RESTRICTIONS, OR AS PROVIDED IN SECTION 7 HEREOFANY PAYMENT OBLIGATIONS RESULTING FROM AN INDEMNIFICATION OBLIGATION HEREUNDER, UNDER NO CIRCUMSTANCES SHALL WILL EITHER PARTY BE LIABLE TO THE OTHER, UNDER CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOST REVENUE, LOST PROFITS, EQUIPMENT DOWN-TIME, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE SPECIAL OR CONSEQUENTIAL DAMAGES SUFFERED BY OF ANY KIND IN CONNECTION WITH THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF SUBJECT MATTER OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH BY EITHER PARTY OF ITS CONFIDENTIALITY OBLIGATIONS UNDER ARTICLE 7 AND EXCEPT FOR BREACHES OF ANY LICENSE RESTRICTIONS, OR ANY PAYMENT OBLIGATIONS RESULTING FROM AN INDEMNIFICATION OBLIGATION HEREUNDER, IN NO EVENT SHALL AVEPOINT HAVE ANY WILL EITHER PARTY’S LIABILITY TO CUSTOMER IN EXCESS THE OTHER UNDER THIS AGREEMENT EXCEED THE GREATER OF [*] DOLLARS ($[*]) OR THE AMOUNTS PAID OR PAYABLE BY CUSTOMER SUCH PARTY TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOTHE OTHER PARTY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Limitation of Liability. EXCEPT WITH RESPECT THE TOTAL, AGGREGATE LIABILITY OF A PARTY FOR ANY AND ALL CLAIMS UNDER THE LICENSE AGREEMENT FOR ANY REASON SHALL BE LIMITED TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED DIRECT DAMAGES NOT TO EXCEED AN AMOUNT EQUAL TO THE FEES PAID BY THE AUTHORITY UNDER THE LICENSE AGREEMENT FOR THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EITHER EVENT WILL ANY PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY LOSS OF PRODUCTION, LOSS OR CORRUPTION OF DATA, LOSS OF PROFITS OR OF CONTRACTS, LOSS OF BUSINESS OR OF REVENUES, LOSS OF OPERATION TIME, WASTED MANAGEMENT TIME, LOSS OF GOODWILL OR REPUTATION, IN EACH CASE WHETHER CAUSED DIRECTLY OR INDIRECTLY, OR TO GIVE AN ACCOUNT OF PROFITS TO COMPANY OR ANY THIRD PARTY, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTYLOSS, ANY PARTY CLAIMING ON BEHALF OF DAMAGE, COST OR THROUGH THE OTHER PARTY, EXPENSE WHATSOEVER AND WHETHER OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY NOT ACCENTURE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGESTHEIR POSSIBILITY. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETO.The parties have executed this Addendum by their duly authorized officers as of the date first set forth above. Originating Lender: The Authority: XXXXXXX HOUSING DEVELOPMENT AUTHORITY By: By:

Limitation of Liability. EXCEPT WITH RESPECT TO INDEMNIFICATION OBLIGATIONS HEREUNDER OR A BREACH OF SECTION 2 OR 48, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES NEITHER PARTY SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY HEREUNDER FOR ANY PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE RELIANCE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOFDAMAGES, INCLUDING WITHOUT LIMITATIONLOST BUSINESS, DAMAGES FOR LOSS OF BUSINESS REVENUE, OR PROFITS, BUSINESS INTERRUPTIONWHETHER BASED ON BREACH OF CONTRACT, DAMAGE TORT (INCLUDING NEGLIGENCE), OR LOSS OTHERWISE, AND WHETHER OR DESTRUCTION OF DATA, LOSS OF USE OF NOT THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. EXCEPT WITH RESPECT TO INDEMNIFICATION OBLIGATIONS HEREUNDER OR A BREACH OF SECTION 8, IN NO EVENT SHALL AVEPOINT HAVE ANY WILL EITHER PARTY’S LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT AND DAMAGES UNDER THIS AGREEMENT OR EXCEED THE SUM OF THE TOTAL FEES PAYABLE TO INTROHIVE UNDER THIS AGREEMENT DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. THE PARTIES AGREE THAT THE LIMITATIONS AND DISCLAIMERS OF LIABILITY SET FORTH IN THIS SECTION 9 WILL APPLY EVEN IF ANY ADDENDUM HERETOLIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY LOSS OF PROFITS OR OTHER INCIDENTAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSDAMAGES, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY EITHER PARTY BE LIABLE TO THE OTHER FOR CLAIMS OR DEMANDS BROUGHT AGAINST THE OTHER PARTY BY A THIRD PARTY UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GIGABEAM'S LIABILITY TO CUSTOMER THINKOM, IN EXCESS THE EVENT OF TERMINATION PURSUANT TO SECTION 4 AND PROVIDED THINKOM IS NOT IN BREACH OF THIS AGREEMENT, SHALL INCLUDE BUT NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT AMOUNT DUE AND OWING UNDER THIS AGREEMENT OR ANY ADDENDUM HERETO.TO THINKOM BY GIGABEAM FOR WORK PERFORMED AND DELIVERED BY THINKOM TO GIGABEAM, INVENTORIES PURCHASED BY THINKOM, WORK IN PROCESS, FINISHED ANTENNA MODULES AND COMMITMENTS TO THIRD PARTIES BY THINKOM WHICH WERE MADE KNOWN TO GIGABEAM IN WRITING PRIOR TO SUCH COMMITMENTS BY THINKOM AND COVERED BY A PURCHASE ORDER LOT COMMITMENT BY GIGABEAM

Limitation of Liability. EXCEPT WITH RESPECT TO FOR A BREACH OF SECTION 2 OR 46 (CONFIDENTIALITY), OR AS PROVIDED IT IS EXPRESSLY AGREED THAT IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE CONTINGENT OR CONSEQUENTIAL DAMAGES LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, LOSS OF CONTRACT, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF MARKET, LOSS OF PROFIT OR LOSS OF ANTICIPATED PROFIT), EXPENSE OR COST WHATSOEVER OR HOWSOEVER SUFFERED BY OR INCURRED, WHETHER OR NOT THE OTHER PARTYSAME ARE FORESEEABLE AND WHETHER ARISING IN CONTRACT, ANY PARTY CLAIMING ON BEHALF OF TORT (INCLUDING NEGLIGENCE) OR THROUGH THE OTHER PARTYOTHERWISE, OR ANY OTHER THIRD PARTY RESULTING FROM RELATING TO OR ARISING OUT OF PERFORMANCE OF THIS AGREEMENT OR RELATED PURSUANT TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH EITHER PARTY HAS HAD BEEN PREVIOUSLY ADVISED ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGESTHEREOF. AS LONG AS THE PARTIES USE COMMERCIALLY REASONABLE EFFORTS IN NO EVENT CONNECTION WITH THE DEVELOPMENT EFFORTS CONTEMPLATED HEREIN, NEITHER PARTY SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS THE OTHER SOLELY AS A RESULT OF THE AMOUNTS PAID BY CUSTOMER FAILURE TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOACHIEVE THE PRODUCT SUCCESS CRITERIA.

Limitation of Liability. 24.1 EXCEPT WITH RESPECT FOR THE EXCLUSIVE REMEDY OFFERED BY RENCORE ABOVE AND ANY REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW, RENCORE, ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES WILL NOT BE LIABLE TO A BREACH OF SECTION 2 OR 4YOU FOR ANY LOSS, DAMAGES, CLAIMS, OR AS PROVIDED IN SECTION 7 HEREOFCOSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE INDIRECT OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTYINCIDENTAL DAMAGES, ANY PARTY CLAIMING ON BEHALF OF LOST PROFITS OR THROUGH THE OTHER PARTYLOST SAVINGS, OR ANY OTHER THIRD PARTY DAMAGES RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE PERSONAL INJURY OR LOSS FAILURE TO MEET ANY DUTY OF CARE, OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED CLAIMS BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, A THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSPARTY, EVEN IF SUCH PARTY AN RENCORE REPRESENTATIVE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. IN NO ANY EVENT, RENCORE’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT, WILL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT OR ANY ADDENDUM HERETOAGREEMENT.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES PROVIDER SHALL EITHER PARTY NOT BE LIABLE TO USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTYOF ANY KIND OR NATURE WHATSOEVER, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTYINCLUDING WITHOUT LIMITATION LOST PROFITS, LOST FUNDING, LOST SAVINGS, OR ANY OTHER LOST OR DAMAGED DATA; OR FOR CLAIMS OF A THIRD PARTY RESULTING FROM OR PARTY; ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNETPRODUCT, THIRD PARTY TELECOMMUNICATION SERVICES SOFTWARE, OR THIRD PARTY SECURITY FEATURES THE USE OR SYSTEMSINABILITY TO USE ANY OF THE FOREGOING, EVEN IF SUCH PARTY PROVIDER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR THEY ARE FORESEEABLE. IN NO EVENT ANY EVENT, IN RESPECT OF ANY CLAIM, DEMAND OR ACTION ARISING OUT OF THIS AGREEMENT, USER SHALL AVEPOINT HAVE BE LIMITED TO RECEIVING ACTUAL AND DIRECT DAMAGES IN A MAXIMUM AGGREGATE AMOUNT EQUAL TO THE CHARGES PAID BY USER TO PROVIDER HEREUNDER FOR THE APPLICABLE PRODUCT, ITEM OR SERVICE ON WHICH THE CLAIM IS BASED, OR $50, WHICHEVER AMOUNT IS GREATER. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH SHALL APPLY WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ANY LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS LIMITED REMEDIES IN THE AGREEMENT OR ANY ADDENDUM HERETOFAILS IN THEIR ESSENTIAL PURPOSE.

Limitation of Liability. EXCEPT WITH RESPECT TO A THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL BE SPEEDCOM'S SOLE REMEDIES FOR BREACH OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR LOST PROFITS, LOST OPPORTUNITIES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED IRRESPECTIVE OF THE THEORY UNDER WHICH SUCH ACTION IS BROUGHT, WHETHER IT WAS CAUSED OR ALLEGEDLY CAUSED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF NEGLIGENCE OF OR THROUGH THE OTHER SUCH PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM WHETHER OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN UNDER NO EVENT CIRCUMSTANCE SHALL AVEPOINT HAVE ANY SRI'S LIABILITY TO CUSTOMER IN EXCESS SPEEDCOM OR ANY THIRD PARTIES, UNDER ANY AND ALL PROVISIONS OF THIS AGREEMENT, EXCEED THE AMOUNTS TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER SPEEDCOM TO AVEPOINT SRI UNDER THIS AGREEMENT AGREEMENT. UNDER NO CIRCUMSTANCE SHALL SPEEDCOM'S LIABILITY TO SRI OR ANY ADDENDUM HERETOTHIRD PARTIES, UNDER ANY AND ALL PROVISIONS OF THIS AGREEMENT, EXCEED TWICE THE TOTAL AMOUNT ACTUALLY PAID OR PAYABLE BY SPEEDCOM TO SRI UNDER ALL FEE PROVISIONS OF THIS AGREEMENT.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF PROFITS OR FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTYOF ANY KIND, ANY PARTY CLAIMING WHETHER BASED ON BEHALF OF OR THROUGH THE OTHER PARTYCONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), WARRANTY, GUARANTEE OR ANY OTHER THIRD PARTY RESULTING FROM LEGAL OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSEQUITABLE GROUNDS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PARTY SHALL MAKE REPRESENTATIONS OR WARRANTIES TO ANY REGISTERED USER OR THIRD PARTY ON BEHALF OF THE OTHER PARTY AND IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY REPRESENTATION OR WARRANTY MADE TO ANY REGISTERED USER OR THIRD PARTY BY THE OTHER PARTY. EXCEPT WITH RESPECT TO SECTION 12, IN NO EVENT SHALL AVEPOINT HAVE ANY EITHER PARTY'S LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOEXCEED THE AMOUNTS ACTUALLY PAID BY EBAY TO NETTAXI HEREUNDER. 15.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED FOR THE OBLIGATIONS SET FORTH IN SECTION 7 HEREOF8 (INDEMNIFICATION) AND CLAIMS ARISING UNDER SECTION 10 (CONFIDENTIALITY), UNDER NO CIRCUMSTANCES SHALL EITHER NEITHER PARTY WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF (INCLUDING BUT NOT LIMITED TO SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR THROUGH THE OTHER PARTYWARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER THIRD PARTY RESULTING FROM FOR INTERRUPTED COMMUNICATIONS, LOST BUSINESS, LOST DATA OR LOST PROFITS, ARISING OUT OF OR RELATED TO IN CONNECTION WITH THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF (OR KNOWS OR SHOULD KNOW OF) THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE OBLIGATIONS SET FORTH IN SECTION 8 (INDEMNIFICATION) AND CLAIMS ARISING UNDER SECTION 10 (CONFIDENTIALITY), UNDER NO EVENT CIRCUMSTANCES SHALL AVEPOINT HAVE EITHER PARTY, ITS AFFILIATES, OR RELATED COMPANIES BE LIABLE TO THE OTHER PARTY OR ANY LIABILITY TO CUSTOMER IN EXCESS OF THIRD PARTY FOR AN AMOUNT GREATER THAN THE AMOUNTS “SETUP FEE” PAID BY CUSTOMER THE JYT TO AVEPOINT UNDER JYT AS PER THE COMMERCIALS AGREED UPON IN THIS AGREEMENT OR ANY ADDENDUM HERETOAGREEMENT.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 43, OR AS PROVIDED IN SECTION 7 6 HEREOF, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, DATA OR LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSPROPERTY, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETO.

Limitation of Liability. EXCEPT WITH RESPECT TO INDEMNIFICATION OBLIGATIONS HEREUNDER OR A BREACH OF SECTION 2 OR 48, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES NEITHER PARTY SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY HEREUNDER FOR ANY PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE RELIANCE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOFDAMAGES, INCLUDING WITHOUT LIMITATIONLOST BUSINESS, DAMAGES FOR LOSS OF BUSINESS REVENUE, OR PROFITS, BUSINESS INTERRUPTIONWHETHER BASED ON BREACH OF CONTRACT, DAMAGE TORT (INCLUDING NEGLIGENCE), OR LOSS OTHERWISE, AND WHETHER OR DESTRUCTION OF DATA, LOSS OF USE OF NOT THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. EXCEPT WITH RESPECT TO INDEMNIFICATION OBLIGATIONS HEREUNDER OR A BREACH OF SECTION 8, IN NO EVENT SHALL AVEPOINT HAVE ANY WILL EITHER PARTY'S LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT AND DAMAGES UNDER THIS AGREEMENT OR EXCEED THE SUM OF THE TOTAL FEES PAYABLE TO INTROHIVE UNDER THIS AGREEMENT DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. THE PARTIES AGREE THAT THE LIMITATIONS AND DISCLAIMERS OF LIABILITY SET FORTH IN THIS SECTION 9 WILL APPLY EVEN IF ANY ADDENDUM HERETOLIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES NEITHER PARTY SHALL EITHER PARTY BE LIABLE FOR OR BE REQUIRED TO INDEMNIFY THE OTHER PARTY FOR ANY INDIRECTINCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTALPUNITIVE, EXEMPLARYOR LOST PROFIT DAMAGES THAT ARISE IN CONNECTION WITH THIS AGREEMENT, PUNITIVE REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR CONSEQUENTIAL DAMAGES SUFFERED BY OTHERWISE) AND REGARDLESS OF HOW CHARACTERIZED, OR THE ACTS OR OMISSIONS OF THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY SHALL NOT BE LIABLE TO THE OTHER PARTY FOR ANY INDEMNIFICATION OR DEFENSE, OR ANY AND ALL CLAIMS, LOSES, EXPENSES, INJURIES, DAMAGES, COSTS, INCLUDING ATTORNEY’S FEES AND EXPENSES, ARISING OUT OF OR IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY WAY RELATED TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT BY REASON OF ANY ACT OR ANY ADDENDUM HERETOOMISSION OF A PARTY, INCLUDING BREACH OF CONTRACT OR NEGLIGENCE, IN AN AMOUNT WHICH EXCEEDS THE TERMS AND CONDITIONS OF A PARTY’S THEN EXISTING AVAILABLE AND APPLICABLE INSURANCE COVERAGE.

Limitation of Liability. EXCEPT a) NEITHER PARTY SHALL HAVE LIABILITY TO THE OTHER WITH RESPECT TO A BREACH OF SECTION 2 ITS OBLIGATIONS UNDER THIS AGREEMENT OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE OTHERWISE FOR ANY INDIRECT, SPECIALCONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, REVENUE, DATA OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTYGOODWILL; WORK STOPPAGE; COMPUTER FAILURE, MALFUNCTION, ANY PARTY CLAIMING ON BEHALF AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, PERSONAL INJURY OR PROPERTY DAMAGE, WHETHER INCURRED OR SUFFERED AS A RESULT OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE UNAVAILABILITY OF THE LICENSED PROPERTY SERVICES OR ANY LOSS CAUSED BY THE INTERRUPTIONOTHERWISE, TERMINATION OR FAILED OPERATION OF THE INTERNETEVEN IF PRACTICE, THIRD PARTY TELECOMMUNICATION SERVICES HFHS OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE HFHS’S AGGREGATE LIABILITY HEREUNDER FOR ANY LIABILITY CAUSE IN ANY CALENDAR YEAR ARISING OUT OF OR RELATED TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT HFHS’S PERFORMANCE OR NON- PERFORMANCE UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOOTHERWISE EXCEED THE AMOUNT OF THE FEES PAID BY PRACTICE HEREUNDER TO HFHS IN THE CALENDAR YEAR IN WHICH THE DAMAGES ARE INCURRED.

Limitation of Liability. EXCEPT WITH RESPECT TO FOR INFRINGEMENT CLAIMS, A BREACH OF CONFIDENTIALITY, A BREACH OF SECTION 2 OR 4BY YOU, OR AS PROVIDED THE WILLFUL INTENT OR GROSS NEGLIGENCE OF A PARTY, IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECTSPECIAL, SPECIALIN- DIRECT, INCIDENTAL, EXEMPLARYCONSEQUENTIAL, MULTI- PLE OR PUNITIVE LOSSES OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF (INCLUD- ING LOSSES OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS ANY LOST REVE- NUES, PROFITS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS), EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OR MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES AND REGARDLESS OF WHETHER THE CLAIM IS BASED ON PERFORMANCE OR NON-PERFORMANCE OF ANY SOFTWARE, BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY, OR OTHER THEORY OF LIABILITY. IN NO EVENT SHALL AVEPOINT HAVE EXCEPT FOR INFRINGEMENT CLAIMS, A BREACH OF CONFIDENTIALITY, A BREACH OF SECTION 2 BY YOU, OR THE WILLFUL INTENT OR GROSS NEGLIGENCE OF A PARTY, DALET’S TOTAL LIABILITY FOR DAMAGES OF ANY LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT KIND UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID OR ANY ADDENDUM HERETOPAYABLE BY YOU FOR THE SOFTWARE.

Limitation of Liability. EXCEPT WITH RESPECT TO THE EXCEPTIONS OF LIABILITY ARISING OUT OF SECTION 6 HEREOF, SECTION 6 OF EXHIBIT B ATTACHED HERETO AND FOR DAMAGES RESULTING FROM A BREACH OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 9 HEREOF, UNDER IN NO CIRCUMSTANCES EVENT SHALL EITHER PARTY'S LIABILITY EXCEED THE AMOUNTS RECEIVED BY BROADVISION PURSUANT HERETO. WITH THE EXCEPTIONS OF LIABILITY ARISING OUT OF SECTION 6 HEREOF, SECTION 6 OF EXHIBIT B ATTACHED HERETO AND FOR DAMAGES RESULTING FROM A BREACH OF SECTION 9 HEREOF, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE SPECIAL OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOFDAMAGES, INCLUDING WITHOUT LIMITATION, LIMITATION DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTIONDATA OR USE, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY INCURRED BY EITHER PARTY OR ANY LOSS CAUSED BY THE INTERRUPTIONTHIRD PARTY, TERMINATION WHETHER IN AN ACTION IN CONTRACT OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSTORT, EVEN IF SUCH THE OTHER PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS , PROVIDED THAT LOSS OF REVENUE OR LOSS OF PROFITS ARISING FROM THE UNAUTHORIZED USE, DISCLOSURE OR DISTRIBUTION BY A PARTY OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOOTHER PARTY'S CONFIDENTIAL INFORMATION SHALL BE DEEMED DIRECT DAMAGE.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR 'S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENTAGREEMENT EXCEED THE SUM OF FEES PAID BY CUSTOMER FOR THE SERVICES GIVING RISE TO THE LIABILITY DURING THE ONE YEAR PERIOD IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE. IN NO EVENT SHALL EITHER PARTY, ANNUNCIO'S LICENSORS, OR ITS SUPPLIERS HAVE ANY ADDENDUM HERETO LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR THE PERFORMANCE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR BREACH THEREOFSERVICES, INCLUDING WITHOUT LIMITATIONOR FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES FOR LOSS HOWEVER CAUSED AND UNDER ANY THEORY OF BUSINESS LIABILITY AND WHETHER OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. THE LIMITATIONS SET FORTH IN NO EVENT THIS SECTION 9 SHALL AVEPOINT HAVE NOT APPLY TO ANY LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BREACH BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OF ANY SOFTWARE LICENSE RESTRICTIONS, ANY BREACH BY ANNUNCIO OR CUSTOMER OF CONFIDENTIALITY OBLIGATIONS, OR ANY ADDENDUM HERETOINDEMNIFICATION BY ANNUNCIO UNDER SECTION 8.2. THE PARTIES AGREE THAT THIS SECTION 9 REPRESENTS A REASONABLE ALLOCATION OF RISK.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 8.1 IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARYCONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES, INCLUDING PUNITIVE DAMAGES OR CONSEQUENTIAL DAMAGES SUFFERED BY ATTORNEYS’ FEES, WHETHER FORESEEABLE OR UNFORESEEABLE BASED ON CLAIMS OF THE CUSTOMER OR ITS CLIENTS OR THE CUSTOMERS (INCLUDING, BUT NOT LIMITED TO CLAIMS FOR LOSS OF BUSINESS, GOODWILL, PROFITS, LOSS OF MONEY OR USE OF GOODS OR IMPAIRMENT OF OTHER PARTYASSETS), ARISING OUT OF BREACH OF ANY PARTY CLAIMING ON BEHALF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, IN DELICT OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM WISE IN CONNECTION WITH OR ARISING OUT OF THE CONTRACT, EXCEPT IN THE CASE OF PERSONAL INJURY OR RELATED PROPERTY DAMAGE WHERE AND ONLY TO THIS AGREEMENTTHE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. TO THE EXTENT THE CUSTOMER INCORPORATES OR CAUSES OTHERS TO NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR INFRINGEMENT OF LETTERS PATENT, ANY ADDENDUM HERETO REGISTERED DESIGN, TRADEMARK OR COPYRIGHT RESULTING FROM SUCH INCORPORATION AND BASED UPON THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY GOODS OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETO.MANUFACTURE

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4NEITHER VISUALIZE NOR ITS OFFICERS, EMPLOYEES, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES DIRECTORS SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTYDAMAGES, ANY PARTY CLAIMING ON BEHALF SUCH AS, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR THROUGH THE OTHER PARTYBENEFITS, OR ANY OTHER THIRD PARTY LOSS RESULTING FROM THE USE OF THE PRODUCT OR ARISING OUT OF ANY BREACH OF ANY WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, VISUALIZE SHALL HAVE NO LIABILITY FOR ANY CLAIM OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO VISUALIZE'S NEGLIGENCE, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, OR IN CONNECTION WITH ANY ADDENDUM HERETO USE OR OTHER EMPLOYMENT OF ANY PRODUCT LICENSED TO THE CUSTOMER HEREUNDER, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, OR OTHERWISE, WHICH MAY BE ASSERTED BY THE CUSTOMER, EXCEPT FOR IN RESPECT OF THIRD-PARTY CLAIMS PURSUANT TO SECTION 5.6 HEREIN, VISUALIZE'S AGGREGATE LIABILITY TO THE CUSTOMER FOR ALL LOSS AND DAMAGE WHETHER IN NEGLIGENCE, CONTRACT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR THE PERFORMANCE OPERATION OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE FAILURE TO OPERATE OF THE LICENSED PROPERTY OR PRODUCT, SHALL IN ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY BE LIMITED TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID TO VISUALIZE BY CUSTOMER TO AVEPOINT ACCRUE UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOAGREEMENT.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS FOR THE INDEMNIFICATION FOR THIRD PARTY CLAIMS PROVIDED IN SECTION 7 HEREOF13, EASTBAY'S MAXIMUM LIABILITY FOR ANY ACTION ARISING UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT, CONTRACT OR OTHER FORM OF LIABILITY, SHALL IN NO CIRCUMSTANCES EVENT EXCEED THE FEES PAID BY CLIENT DURING THE ONE-YEAR PERIOD PRECEDING NOTICE TO EASTBAY OF CLIENT'S LOSS. IN NO EVENT SHALL EITHER PARTY EASTBAY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, OF ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOFKIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST DATA, LOST PROFITS, OPPORTUNITIES OR CONTRIBUTIONS, LOSS OF BUSINESS OR PROFITSUSE, GOODWILL, BUSINESS INTERRUPTION, DAMAGE OR LOSS OTHER PECUNIARY OR DESTRUCTION OF DATANON-PECUNIARY LOSS, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSHOWEVER ARISING, EVEN IF SUCH PARTY EASTBAY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY THE PARTIES AGREE TO CUSTOMER IN EXCESS THE ALLOCATION OF RISK SET FORTH HEREIN. CLIENT ACKNOWLEDGES THAT THE AMOUNTS FEES PAID BY CUSTOMER TO AVEPOINT UNDER IT REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT OR ANY ADDENDUM HERETOAND THAT EASTBAY WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY.

Limitation of Liability. EXCEPT WITH RESPECT NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO A BREACH OF SECTION 2 OR 4THE CONTRARY, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE GREATBATCH BE LIABLE TO QIG GROUP (X) FOR BREACH OF WARRANTY OR BASED UPON ANY LIABILITY TO CUSTOMER OTHER THEORY UNDER THIS AGREEMENT FOR AN AMOUNT IN EXCESS OF THE AMOUNTS TOTAL AMOUNT THAT QIG GROUP HAS PAID BY CUSTOMER OR THAT IS PAYABLE TO AVEPOINT GREATBATCH UNDER THIS AGREEMENT FOR THE IMMEDIATELY PRECEDING 12 MONTH PERIOD, BUT IN NO EVENT MORE THAN $10 MILLION, BUT SUCH LIMITATION WILL NOT APPLY TO GREATBATCH’S INDEMNIFICATION CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED WITH [***]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. OBLIGATIONS UNDER SECTION X.D OR (Y) FOR ANY LOST PROFITS OR ANY ADDENDUM HERETOCONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR SPECIAL DAMAGES OF ANY KIND.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH THE EXTENT THAT OTC MARKETS GROUP IS INDEMNIFYING THE COMPANY AS SET FORTH IN SECTION 9 OF SECTION 2 THIS AGREEMENT, IN NO EVENT SHALL OTC MARKETS GROUP, ITS LICENSORS OR 4ITS SUPPLIERS BE LIABLE TO THE COMPANY OR ANY OTHER PERSON, REGARDLESS OF THE CAUSE, FOR ANY FAILURE OF PERFORMANCE, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY DELAYS, INTERRUPTIONS, OR DEFECTS IN ANY OF THE ISSUER SERVICES, OR FOR ELIMINATING, AMENDING OR MODIFYING ONE OR MORE OF THE ISSUER SERVICES, OR FOR ANY SPECIAL. INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTYDAMAGES, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTYINCLUDING TRADING LOSSES, LOST PROFITS. LOST BUSINESS REVENUE, OR ANY OTHER THIRD PARTY RESULTING FROM FAILURE TO REALIZE EXPECTED SAVINGS OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, GAINS. EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ONE OR MORE OF THEM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ; PROVIDED, HOWEVER, THAT IN NO THE EVENT THAT OTC MARKETS GROUP, ITS LICENSORS OR ITS SUPPLIERS IS HELD LIABLE FOR ANY REASON WHATSOEVER, SUCH LIABILITY SHALL AVEPOINT HAVE ANY LIABILITY BE LIMITED TO CUSTOMER IN EXCESS THE AMOUNT OF THE AMOUNTS FEE PAID BY CUSTOMER THE COMPANY DURING THE TWELVE MONTHS PRECEDING THE DATE OF THE EVENT GIVING RISE TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOTHE ACCRUAL OF THE CLAIM.

Limitation of Liability. EXCEPT WITH RESPECT TO SATISFY A BREACH OF PARTY’S INDEMNIFICATION OBLIGATION IN SECTION 2 OR 48: (I) IN NO EVENT WILL EITHER PARTY, OR AS PROVIDED IN SECTION 7 HEREOFITS SUPPLIERS, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTYINCIDENTAL DAMAGES, INCLUDING ANY PARTY CLAIMING ON BEHALF OF LOST, INACCURATE, OR THROUGH THE OTHER PARTYINCOMPLETE INFORMATION OR DATA, OR ANY OTHER THIRD PARTY RESULTING LOST PROFITS, ARISING FROM OR ARISING OUT OF RELATING TO THE SOFTWARE, THE SERVICES, OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, AGREEMENT EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. ; AND, (II) IN NO EVENT SHALL AVEPOINT HAVE ANY EITHER PARTY’S TOTAL CUMULATIVE LIABILITY TO CUSTOMER THE OTHER PARTY IN EXCESS CONNECTION WITH THIS AGREEMENT, THE SOFTWARE OR SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE AMOUNT OF FEES ACTUALLY PAID TO TAZA HEREUNDER IN THE AMOUNTS PAID BY CUSTOMER TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO AVEPOINT UNDER SUCH LIABILITY. LICENSEE ACKNOWLEDGES THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT OR ANY ADDENDUM HERETOAND THAT TAZA WOULD NOT HAVE ENTERED INTO THIS AGREEMENT ON THESE TERMS WITHOUT THESE LIMITATIONS ON ITS LIABILITY.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS OTHERWISE PROVIDED IN SECTION 7 HEREOF6, UNDER NO CIRCUMSTANCES NEITHER PARTY SHALL EITHER PARTY IN ANY EVENT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE SPECIAL OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED RELATING TO THIS AGREEMENTTHE SALE OR USE OF THE PRODUCTS, ANY ADDENDUM HERETO WHETHER OR NOT THE PERFORMANCE OR BREACH THEREOFOTHER PARTY HAS ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS, LOSS OF BUSINESS OR PROFITSOPPORTUNITY, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, OR DAMAGE TO REPUTATION. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO CREATE ANY RIGHTS WHATSOEVER, BY ANY PARTY HERETO TO ANY PERSON WHO IS NOT A PARTY HERETO, INCLUDING WITHOUT LIMITATION, ANY LIABILITY TO ANY CUSTOMER OF ANY PARTY HERETO FOR LOSS OF DATA OR DAMAGE ARISING OUT OF THE USE OF THE LICENSED PROPERTY PRODUCTS. IF EITHER PARTY BREACHES ANY PROVISION OF THIS AGREEMENT, SUCH PARTY'S SOLE AND EXCLUSIVE MAXIMUM LIABILITY, WHETHER BASED IN CONTRACT, TORT, OR ANY LOSS CAUSED BY OTHERWISE, SHALL BE THE INTERRUPTION, TERMINATION OR FAILED OPERATION REPLACEMENT OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES PRODUCT(S) OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED A FULL REFUND OF ALL PAYMENTS MADE FOR THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOPRODUCTS PROVIDED HEREUNDER.

Limitation of Liability. EXCEPT WITH RESPECT TO BREACHES OF CONFIDENTIALITY, A BREACH OF SECTION 2 OR 4PARTY’S OBLIGATION TO DEFEND AND INDEMNIFY THE OTHER PARTY, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EVENT WILL EITHER PARTY BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIALINCIDENTAL, INCIDENTALCONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTYLOSSES , INCLUDING ANY PARTY CLAIMING ON BEHALF LOSS OF PROFIT, SAVINGS, REVENUE, BUSINESS OPPORTUNITY OR THROUGH THE OTHER PARTYDATA, OR ANY OTHER THIRD PARTY RESULTING ARISING FROM OR ARISING OUT OF OR RELATED RELATING TO THIS AGREEMENT, ANY ADDENDUM HERETO LICENSE OR THE PERFORMANCE SOFTWARE, WHETHER IN CONTRACT, IN TORT OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSOTHERWISE, EVEN IF SUCH PARTY AVETTI KNEW, SHOULD HAVE KNOWN OR HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS DAMAGES AND EVEN IF SUCH LOSS OR DAMAGES IS CAUSED BY EITHER PARTY'S NEGLIGENCE OR KNOWLEDGE OF THE AMOUNTS POSSIBILITY. EXCEPT FOR AVETTI’S BREACH OF THIS AGREEMENT BY THE WILFUL MISCONDUCT OF AVETTI’S AUTHORIZED OFFICERS OR BOARD OF DIRECTORS, AVETTI'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LICENSE OR THE SOFTWARE, WHETHER IN CONTRACT, IN TORT OR OTHERWISE, WILL NOT EXCEED THE LICENSE FEES PAID BY CUSTOMER TO AVEPOINT YOU UNDER THIS AGREEMENT LICENSE IN THE LAST 12 MONTHS. SOME REGIONS DO NOT ALLOW THE EXCLUSION OR ANY ADDENDUM HERETOLIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4IN NO EVENT SHALL OIX, ANY OIX MEMBER, OR AS PROVIDED IN SECTION 7 HEREOFOIX DIRECTORS, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY OFFICERS OR EMPLOYEES BE LIABLE TO PARTICIPANT FOR ANY INDIRECT, SPECIAL, INCIDENTALPUNITIVE, EXEMPLARY, PUNITIVE EXEMPLARY OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, OF ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT, OIX PROGRAMS, OR PARTICIPANT’S PARTICIPATION IN ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOFOIX PROJECT, INCLUDING INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR LOST PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH A PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF OIX AND THE EXCLUSIVE REMEDY AVAILABLE TO PARTICIPANT IN NO EVENT CONNECTION WITH THIS AGREEMENT AND ITS PARTICIPATION IN ANY OIX PROJECT FOR ANY AND ALL DAMAGES, LIABILITIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND/OR CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH OIX PROGRAMS, PROJECTS, OR THIS AGREEMENT, SHALL AVEPOINT HAVE BE TO RECOVER THE ACTUAL DAMAGES PARTICIPANT INCURRED UP TO, BUT NOT EXCEEDING, FIVE HUNDRED DOLLARS ($500). THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS AGREEMENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES. NOTHING IN THIS AGREEMENT LIMITS ANY LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID WHICH CANNOT LEGALLY BE LIMITED, INCLUDING LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT NEGLIGENCE; OR ANY ADDENDUM HERETO(B) FRAUD OR FRAUDULENT MISREPRESENTATION.

Limitation of Liability. OPERATOR UNDERSTANDS THAT DEEM IS NOT IN THE BUSINESS OF PROVIDING GROUND TRANSPORTATION SERVICES AND NEITHER OWNS NOR CONTROLS ANY COMPANY THAT OWNS CHAUFERRED VEHICLES. OPERATOR, THEREFORE, AGREES THAT DEEM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER TO THE OPERATOR, ITS EMPLOYEES AND INDEPENDENT CONTRACTORS, OR TO ANY INDIVIDUAL OR ENTITY WHATSOEVER, OR FOR DAMAGES OF ANY TYPE, FOR ANY ACTIONS OR INACTIONS OF ANY GROUND TRANSPORTATION SERVICE PROVIDER. EXCEPT WITH RESPECT TO A BREACH ANY LIABILITY OF EITHER PARTY TO THE OTHER PARTY ARISING UNDER SECTION 2 OR 49.6 HEREUNDER, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES EVENT SHALL EITHER PARTY BE LIABLE FOR LOSS OF PROFITS, REVENUES OR DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARYCONSEQUENTIAL, PUNITIVE OR CONSEQUENTIAL EXEMPLARY DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATAGOODWILL, LOSS OF USE SAVINGS, LOSS OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTIONUSE, TERMINATION OR FAILED OPERATION INTERRUPTIONS OF THE INTERNETBUSINESS, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSAND CLAIMS OF CUSTOMERS), EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DAMAGES AND IN NO EVENT SHALL AVEPOINT HAVE ANY THE AGGREGATE LIABILITY OF EITHER PARTY HERETO TO CUSTOMER THE OTHER PARTY ARISING UNDER OR IN EXCESS CONNECTION WITH THIS AGREEMENT, ALL CLAIMS INCLUSIVE, EXCEED THE AMOUNT PAID OR PAYABLE BY OPERATOR SIX (6) MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION AROSE, REGARDLESS OF THE AMOUNTS PAID BY CUSTOMER FORM OF ACTION GIVING RISE TO AVEPOINT UNDER THIS AGREEMENT SUCH LIABILITY (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR ANY ADDENDUM HERETOOTHERWISE).

Limitation of Liability. EXCEPT OTHER THAN WITH RESPECT TO A BREACH OF KANOPY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 2 8(a): (A) IN NO EVENT SHALL KANOPY OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY ITS AFFILIATES AND LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTYDAMAGES, OR ANY OTHER THIRD PARTY RESULTING LOST PROFITS OR COST OF COVER, ARISING FROM OR ARISING OUT OF OR RELATED RELATING TO THIS AGREEMENT, INCLUDING DAMAGES ARISING FROM ANY ADDENDUM HERETO TYPE OR THE PERFORMANCE OR BREACH THEREOFMANNER OF COMMERCIAL, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE FINANCIAL LOSS OCCASIONED BY OR LOSS RESULTING FROM ANY ACCESS TO OR DESTRUCTION OF DATA, LOSS OF USE OF OR INABILITY TO ACCESS OR USE THE LICENSED PROPERTY KANOPY MATERIALS, SUCH AS ANY MALFUNCTION, DEFECT OR FAILURE OF ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSKANOPY MATERIALS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED KANOPY HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE; AND (B) IN NO EVENT SHALL AVEPOINT HAVE ANY KANOPY’S AGGREGATE LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOEXCEED THE AMOUNT OF FEES RECEIVED BY KANOPY FROM INSTITUTION UNDER THIS AGREEMENT IN THE TWELVE (12)-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENTS GIVING RISE TO LIABILITY AROSE.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF EXCLUDING AGENCY’S, ADVERTISER’S, AND MEDIA COMPANY’S RESPECTIVE OBLIGATIONS UNDER SECTION 2 X OR 4INTENTIONAL MISCONDUCT BY AGENCY, ADVERTISER, OR AS PROVIDED MEDIA COMPANY, IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EITHER EVENT WILL ANY PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, INCIDENTALOR EXEMPLARY DAMAGES WHATSOEVER, EXEMPLARYINCLUDING, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATAINFORMATION, LOSS OF USE ANTICIPATED SALES OR BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF ANTICIPATED SAVINGS, AND THE LICENSED PROPERTY OR ANY LOSS CAUSED LIKE, INCURRED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION ANOTHER PARTY ARISING OUT OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSTHIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY SINCE THE AGENCY’S PRIMARY OBLIGATION HEREUNDER IS TO CUSTOMER IN EXCESS MAKE PAYMENT TO MEDIA COMPANY ON BEHALF OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT ADVERTISER, AGENCY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT OR ANY ADDENDUM HERETO.WILL BE NO GREATER THAN THE TOTAL CAMPAIGN COSTS PAYABLE TO THE MEDIA COMPANY, AS STATED ON THE IO. XII: CONFIDENTIAL INFORMATION, DATA USAGE, DATA OWNERSHIP, AND PRIVACY

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE INCIDENTAL OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTYOF ANY KIND OR NATURE WHATSOEVER, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE AGREEMENT REGARDLESS OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSLEGAL THEORY UPON WHICH SUCH CLAIM FOR DAMAGES IS BASED, EVEN IF SUCH PARTY HAS HAD BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES AND IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. IN NO EVENT SHALL AVEPOINT HAVE ANY OUR LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT EXCEED THE AGGREGATE AMOUNT OF THE FEES PAID OR ANY ADDENDUM HERETOPAYABLE BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO THE DATE OF THE DEFAULT, ACT OR OMISSION, PROVIDED, HOWEVER, THAT THIS LIMITATION SHALL NOT APPLY TO LIMIT OUR OBLIGATIONS UNDER THIS AGREEMENT TO SECURE WORKERS COMPENSATION INSURANCE COVERAGE WITH REGARD TO WORKSITE EMPLOYEES, WHERE APPLICABLE. 8.

Limitation of Liability. IN NO EVENT WILL EITHER PARTY'S LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT FOR ANY DAMAGES OR LIABILITY FROM ANY CAUSE WHATSOEVER, REGARDLESS OF FORM OF ACTION, WHETHER IN CONTRACT, NEGLIGENCE OR OTHERWISE, EXCEED THE AMOUNT PAID BY CLIENT TO APPIANT HEREUNDER IN THE 12 MONTHS PRIOR TO ANY CLAIM. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4EITHER PARTY'S INDEMNIFICATION OBLIGATIONS, IN NO EVENT WILL EITHER PARTY, OR AS PROVIDED IN SECTION 7 HEREOFITS SUPPLIERS, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH TO THE OTHER PARTY, OR TO ANY OTHER THIRD PARTY RESULTING FROM PARTY, FOR CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, PUNITIVE OR ARISING OUT OF OR RELATED TO THIS AGREEMENTINCIDENTAL DAMAGES, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOFINCLUDING, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR LOST PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH THE PARTY OTHERWISE LIABLE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE NEITHER PARTY WILL BE LIABLE FOR ANY LIABILITY TO CUSTOMER IN EXCESS OF ACTUAL OR ALLEGED INFRINGEMENT BY ANY THIRD PARTY MATERIALS ACCESSED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT DESIGNATED SERVICES OR ANY ADDENDUM HERETOAPPIANT OR CLIENT TECHNOLOGY.

Limitation of Liability. 8.1 EXCEPT WITH RESPECT TO FOR A PARTYS’ BREACH OF ITS OBLIGATIONS OF CONFIDENTIALITY UNDER SECTION 9, SERVICE PROVIDER’S NONPAYMENT OF UNDISPUTED AMOUNTS DUE, OR SERVICE PROVIDER’S BREACH OF ITS OBLIGATIONS UNDER SECTIONS 2 OR 43.2, OR AS PROVIDED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES EVENT SHALL EITHER PARTY OR POSIT’S LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY(INCLUDING, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS THE INABILITY TO USE EQUIPMENT OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF ACCESS DATA, LOSS OF USE BUSINESS, LOSS OF PROFITS, LOSS OF USE, LOSS OR CORRUPTION OF DATA, PROCUREMENT OF SUBSTITUTE GOODS, FAILURE OF SECURITY MECHANISMS, THE LICENSED PROPERTY COSTS TO COVER, BUSINESS INTERRUPTION OR THE LIKE) ARISING OUT OF ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION BREACH OF THIS AGREEMENT OR FAILED OPERATION OTHERWISE ARISING OUT OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, THIS AGREEMENT AND EVEN IF SUCH THE OTHER PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE , BASED ON ANY THEORY OF LIABILITY TO CUSTOMER IN EXCESS INCLUDING BREACH OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY ADDENDUM HERETOOTHERWISE, AND EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE.

Limitation of Liability. EXCEPT WITH RESPECT IN THE EVENT OF A DEFAULT BY IMS RELATED TO A BREACH THE SERVICES TO BE PROVIDED HEREUNDER, THE BIG ENTITIES SOLE AND EXCLUSIVE REMEDY SHALL BE THE REPERFORMANCE OF SECTION 2 OR 4THE SERVICES TO BE PROVIDED BY IMS HEREUNDER OR, OR AS PROVIDED AT IMS'S OPTION, THE RETURN OF THE FEES ALLOCABLE TO THAT PORTION OF THE SERVICES THAT IS NONCONFORMING. IF THE ABOVE LIMITATION OF LIABILITY IS INEFFECTIVE, IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES EVENT SHALL EITHER PARTY BE LIABLE IMS'S LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENTANY DEFAULT OF IMS HEREUNDER, ANY ADDENDUM HERETO WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE PERFORMANCE OR BREACH THEREOFTOTAL FEES ACTUALLY PAID BY THE BIG ENTITIES TO IMS HEREUNDER FOR THE SPECIFIC PROJECT TO WHICH THE DEFAULT RELATED DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF SUCH DEFAULT BY IMS. THE SECTIONS ON LIMITATIONS ON LIABILITY, INCLUDING WITHOUT LIMITATIONWARRANTIES, DAMAGES FOR LOSS AND DISCLAIMERS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE WARRANTIES ALLOCATE THE RISKS OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY PARTIES. THIS ALLOCATION IS REFLECTED IN THE INTERRUPTION, TERMINATION OR FAILED OPERATION PRICING OF THIS AGREEMENT AND IS AN ESSENTIAL ELEMENT OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED BASIS OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS OF BARGAIN BETWEEN THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOPARTIES.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES PEARSON SHALL EITHER PARTY NOT BE LIABLE TO LICENSEE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTYDAMAGES; OR LOST PROFITS, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTYLOST FUNDING, LOST SAVINGS, OR ANY OTHER LOST OR DAMAGED DATA; OR FOR CLAIMS OF A THIRD PARTY RESULTING FROM OR PARTY; ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNETPRODUCT, THIRD PARTY TELECOMMUNICATION SERVICES SOFTWARE, SUPPORT, SERVICES, OR THIRD PARTY SECURITY FEATURES OTHER ITEMS PROVIDED, OR SYSTEMSTHE USE OR INABILITY TO USE ANY OF THE FOREGOING, EVEN IF SUCH PARTY PEARSON HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR THEY ARE FORESEEABLE. 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 PEARSON HEREUNDER FOR THE APPLICABLE LICENSED PRODUCT, ITEM OR SERVICE ON WHICH THE CLAIM IS BASED. IN ADDITION, IN NO EVENT SHALL AVEPOINT HAVE ANY WILL THE LIABILITY OF PEARSON RELATING TO CUSTOMER IN EXCESS SUPPORT SERVICES EXCEED THE TOTAL AMOUNT OF THE AMOUNTS MONEY PAID BY CUSTOMER LICENSEE TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOPEARSON DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD WITH RESPECT TO THE PARTICULAR SUPPORT SERVICES ON WHICH THE CLAIM IS BASED.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES NEITHER PARTY SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTALCONSEQUENTIAL, EXEMPLARY, PUNITIVE INCIDENTAL OR CONSEQUENTIAL INDIRECT DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO IN CONNECTION WITH THIS AGREEMENT, ANY ADDENDUM HERETO AGREEMENT (OR THE PERFORMANCE TERMINATION HEREOF) OR BREACH THEREOFANY PROJECT ADDENDUM, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR ANTICIPATED SALES. TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT OR ANY PROJECT ADDENDUM, THE TOTAL LIABILITY, IN THE AGGREGATE, OF PPD AND ITS AGENTS, AND ANY OF THEM, TO SPONSOR AND ANYONE CLAIMING BY OR THROUGH SPONSOR, FOR ANY AND ALL CLAIMS, LOSSES, COSTS OR DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS ATTORNEYS’ FEES AND COSTS AND EXPERT-WITNESS FEES AND COSTS OF BUSINESS ANY NATURE WHATSOEVER OR PROFITS, BUSINESS INTERRUPTION, DAMAGE CLAIMS EXPENSES RESULTING FROM OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR IN ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY WAY RELATED TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY PROJECT ADDENDUM HERETOFROM ANY CAUSE OR CAUSES SHALL NOT EXCEED TWO TIMES THE TOTAL DIRECT FEES RECEIVED BY PPD UNDER THE APPLICABLE PROJECT ADDENDUM, WHICH IS THE SUBJECT OF THE CLAIM, UNLESS AND TO THE EXTENT SUCH CLAIMS, LOSSES, COSTS OR DAMAGES ARE CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF PPD OR ITS AFFILIATES OR AGENTS.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF SECTION 2 SERVICE PROVIDER, WILDBLUE OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES ANY OF THE PARTNERS SHALL EITHER PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARYSPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY LOSS CAUSED BREACH OF ANY REPRESENTATION OR WARRANTY. WITHOUT IN ANY WAY LIMITING THE FOREGOING, IF FOR ANY REASON, BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNETLAW OR OTHERWISE, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED ANY PORTION OF THE POSSIBILITY FOREGOING LIMITATION OF LIABILITY SHALL BE VOIDED, THEN IN SUCH EVENT AFFILAITE’S MAXIMUM, SOLE, AND EXCLUSIVE LIABILITY AND THE LIABILITY OF WILDBLUE AND THE PARTNERS SHALL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO SERVICE PROVIDER BY YOU FOR SERVICE DURING AND FOR A PERIOD OF TIME COMMENCING UPON THE OCCURRENCE OF SUCH DAMAGES. ERROR, DEFECT OR FAILURE AND CEASING UPON THE DISCOVERY OF SUCH, IN WHOLE OR IN PART; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER SUCH PERIOD OF TIME EXCEED THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE WHICH SUCH ERROR, DEFECT OR FAILURE IS FIRST DISCOVERED IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT WHOLE OR ANY ADDENDUM HERETOIN PART.

Limitation of Liability. EXCEPT WITH RESPECT TO FOR A PARTY'S LIABILITY FOR THIRD PARTY CLAIMS AS SPECIFIED IN CLAUSE G OR EITHER PARTY’S BREACH OF SECTION 2 CLAUSE I OR 4AFFILIATE’S BREACH OF CLAUSE A4, OR AS PROVIDED TO THE FULLEST EXTENT PERMITTED BY LAW IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES EVENT SHALL EITHER PARTY OR ITS GROUP MEMBERS BE LIABLE TO THE OTHER PARTY OR ITS GROUP MEMBERS FOR ANY SPECIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE CONSEQUENTIAL OR CONSEQUENTIAL EXEMPLARY DAMAGES SUFFERED BY THE OTHER PARTY, OF ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR NATURE ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS SHALL HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT THE FOREGOING SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS APPLY REGARDLESS OF THE NEGLIGENCE OR OTHER FAULT OF EITHER PARTY AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL EXPEDIA AND/OR EXPEDIA GROUP MEMBERS BE LIABLE TO AFFILIATE OR ANY THIRD PARTY FOR: (I) ANY DAMAGE RESULTING FROM AN ERROR OR INTERRUPTIONS OF THE PROVISION OF THE WEBSITE; OR (II) AN AMOUNT GREATER THAN THE AGGREGATE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER EXPEDIA. NOTHING IN THIS AGREEMENT LIMITS EITHER PARTY'S LIABILITY FOR: (A) PERSONAL INJURY OR ANY ADDENDUM HERETODEATH CAUSED BY NEGLIGENCE; OR (B) FRAUD.

Limitation of Liability. EXCEPT WITH RESPECT NEITHER PARTY MAKES ANY WARRANTIES BEYOND MAINTAINING THE STANDARDS OF CARE SPECIFICALLY PROVIDED IN THIS AGREEMENT. ANY LIABILITY FOR DAMAGES RELATING TO A PARTY’S NEGLIGENCE, BREACH OF SECTION 2 OR 4CONTRACT, OR AS PROVIDED IMPLIED WARRANTY OF ANY KIND SHALL BE STRICTLY LIMITED TO RECOVERY OF AMOUNTS PAID UNDER THIS AGREEMENT. IN SECTION 7 HEREOFNO EVENT WILL EITHER PARTY, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES, HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE SPECIAL OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTYDAMAGES, HOWEVER CAUSED AND ON ANY PARTY CLAIMING ON BEHALF THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT OR THROUGH THE OTHER PARTYOTHERWISE, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOFINCLUDING BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR ANTICIPATED PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, OR LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSUSE, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ., SHALL HAVE OTHER REASON TO KNOW, OR IN NO EVENT FACT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS KNOW OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETO.POSSIBILITY OF SUCH DAMAGES

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SERVICE PROVIDER, WILDBLUE NOR ANY OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES THE PARTNERS SHALL EITHER PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARYSPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY LOSS CAUSED BREACH OF ANY REPRESENTATION OR WARRANTY. WITHOUT IN ANY WAY LIMITING THE FOREGOING, IF FOR ANY REASON, BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNETLAW OR OTHERWISE, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED ANY PORTION OF THE POSSIBILITY FOREGOING LIMITATION OF LIABILITY SHALL BE VOIDED, THEN IN SUCH EVENT AFFILAITE’S MAXIMUM, SOLE, AND EXCLUSIVE LIABILITY AND THE LIABILITY OF WILDBLUE AND THE PARTNERS SHALL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO SERVICE PROVIDER BY YOU FOR SERVICE DURING AND FOR A PERIOD OF TIME COMMENCING UPON THE OCCURRENCE OF SUCH DAMAGES. ERROR, DEFECT OR FAILURE AND CEASING UPON THE DISCOVERY OF SUCH, IN WHOLE OR IN PART; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER SUCH PERIOD OF TIME EXCEED THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE WHICH SUCH ERROR, DEFECT OR FAILURE IS FIRST DISCOVERED IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT WHOLE OR ANY ADDENDUM HERETOIN PART.

Limitation of Liability. EXCEPT WITH RESPECT a. OTHER THAN PURSUANT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF13(c), UNDER NO CIRCUMSTANCES SHALL A PARTY AND/OR ITS EMPLOYEES, AFFILIATES, CONTRACTORS, OR USERS BE LIABLE TO THE OTHER PARTY AND/OR ITS EMPLOYEES, AFFILIATES, CONTRACTORS, OR USERS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND/OR LOSS OF BUSINESS (EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARYSPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOFDAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR BUT NOT LIMITED TO LOST PROFITS AND/OR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, (EVEN IF SUCH A PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ) THAT RESULT IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT WAY FROM: (A) CUSTOMER’S OR ANY ADDENDUM HERETOTHIRD PARTY USERS’ RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE; OR (B) COMPUTER FAILURE, WORK STOPPAGE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE.

Limitation of Liability. EXCEPT IN ALL EVENTS, THE LIABILITY OF XXXXXXXXXX UNDER THIS AGREEMENT, WHETHER BASED IN TORT, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE, SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE PRICE ACTUALLY PAID BY BUYER FOR THE PRODUCT IN QUESTION OR WITH RESPECT TO A BREACH OF SECTION 2 OR 4WHICH SUCH BREACH, DEFAULT, OR AS NEGLIGENCE IS CLAIMED. THE PURCHASER ACKNOWLEDGES THAT THE REMEDIES PROVIDED HEREIN ARE EXCLUSIVE AND IN SECTION 7 HEREOF, UNDER LIEU OF ALL OTHER REMEDIES. IN NO CIRCUMSTANCES EVENT SHALL EITHER PARTY SELLER BE LIABLE TO THE BUYER FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE INCIDENTAL OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF IN CONNECTION WITH OR RELATED TO THIS AGREEMENT OR THE PRODUCTS PROVIDED IN CONNECTION HEREWITH (INCLUDING LOSS OF PROFITS, OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, WHETHER FOR BREACH OF THIS AGREEMENT, ANY ADDENDUM HERETO INCLUDING BREACH OF WARRANTY OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSIN TORT, EVEN IF SUCH THAT PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETODAMAGE.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF3, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, DATA OR LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSPROPERTY, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOAGREEMENT.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF PROFITS OR FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTYOF ANY KIND, ANY PARTY CLAIMING WHETHER BASED ON BEHALF OF OR THROUGH THE OTHER PARTYCONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), WARRANTY, GUARANTEE OR ANY OTHER THIRD PARTY RESULTING FROM LEGAL OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSEQUITABLE GROUNDS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PARTY SHALL MAKE REPRESENTATIONS OR WARRANTIES TO ANY REGISTERED USER OR THIRD PARTY ON BEHALF OF THE OTHER PARTY AND IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY REPRESENTATION OR WARRANTY MADE TO ANY REGISTERED USER OR THIRD PARTY BY THE OTHER PARTY. EXCEPT WITH RESPECT TO SECTION 12, IN NO EVENT SHALL AVEPOINT HAVE ANY EITHER PARTY'S LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOEXCEED THE AMOUNTS ACTUALLY PAID BY EBAY TO NETTAXI HEREUNDER.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES EVENT SHALL EITHER ANY LENDER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, SPECIALEXEMPLARY, PUNITIVE, INCIDENTAL, EXEMPLARY, PUNITIVE MULTIPLE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, (INCLUDING ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF PROFITS, LOSS OF BUSINESS OR OTHER ECONOMIC LOSS) ARISING OUT OF OR RELATED TO IN CONNECTION WITH THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY NOTE OR ANY LOSS CAUSED OTHER LOAN DOCUMENT (OR ANY ADVANCES MADE BY THE INTERRUPTION, TERMINATION LENDER HEREUNDER OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSTHEREUNDER), EVEN IF SUCH LENDER PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL AVEPOINT HAVE THE LENDER PARTIES, COLLECTIVELY, BE LIABLE FOR ANY LIABILITY DAMAGES UNDER THIS NOTE OR ANY OTHER LOAN DOCUMENT (OR IN CONNECTION WITH ANY ADVANCE BY LENDER HEREUNDER OR THEREUNDER) THAT EXCEED, IN THE AGGREGATE, AN AMOUNT EQUAL TO CUSTOMER IN EXCESS THE SUM OF THE AMOUNTS INTEREST AND FLOORPLAN FEES ACTUALLY PAID TO LENDER BY CUSTOMER TO AVEPOINT BORROWER UNDER THIS AGREEMENT OR ANY ADDENDUM HERETONOTE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM AT ISSUE (OR, IN THE CASE OF MULTIPLE EVENTS, THE FIRST SUCH EVENT GIVING RISE TO THE CLAIM AT ISSUE).

Limitation of Liability. EXCEPT TO THE EXTENT PERMITTED BY THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS, IN NO EVENT WILL THE TOTAL LIABILITY OF COMPANY OR CLIENT ARISING OUT OF THIS AGREEMENT WITH RESPECT TO A BREACH THE SOFTWARE, THE USE OR PERFORMANCE OF SECTION 2 SUCH SOFTWARE OR 4OTHERWISE UNDER THIS AGREEMENT EXCEED THE SUM OF THE FEES ACTUALLY PAID BY CLIENT HEREUNDER IN THE TWELVE (12) MONTH PERIOD PRIOR TO ACCRUAL OF SUCH CAUSE OF ACTION FOR THE SERVICE THAT FORMS THE BASIS FOR SUCH CAUSE OF ACTION. TO THE EXTENT PERMITTED BY THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS, IN NO EVENT SHALL COMPANY OR CLIENT HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIALPUNITIVE, INCIDENTAL, EXEMPLARY, PUNITIVE SPECIAL OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOFDAMAGES, INCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF LOST DATA, LOSS HOWEVER CAUSED AND UNDER ANY THEORY OF USE OF THE LICENSED PROPERTY LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT, PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE, AND WHETHER OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS THE PARTIES AGREE THAT THIS SECTION 5.3 REPRESENTS A REASONABLE ALLOCATION OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETORISK.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY EVENT WILL MARKLOGIC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE STATUTORY OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTYOF ANY KIND (INCLUDING, ANY PARTY CLAIMING ON BEHALF WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE OR THROUGH THE OTHER PARTYDATA, DAMAGE TO SYSTEMS OR ANY OTHER THIRD PARTY RESULTING FROM EQUIPMENT, BUSINESS INTERRUPTION OR COST OF COVER) IN CONNECTION WITH OR ARISING OUT OF OR RELATED TO THIS AGREEMENTTHE DELIVERY, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY SOFTWARE, SERVICES, SUPPORT, DEVELOPED MATERIALS, WORK PRODUCT, ANY OTHER MATERIALS PROVIDED BY MARKLOGIC OR ANY LOSS CAUSED OTHER SERVICES PERFORMED BY THE INTERRUPTIONMARKLOGIC, TERMINATION WHETHER ALLEGED AS A BREACH OF CONTRACT OR FAILED OPERATION OF THE INTERNETTORTIOUS CONDUCT, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSINCLUDING NEGLIGENCE AND STRICT LIABILITY, EVEN IF SUCH PARTY MARKLOGIC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OTHER THAN MARKLOGIC’S OBLIGATIONS TO INDEMNIFY CUSTOMER AS SET FORTH IN NO EVENT SECTION 6 HEREIN, MARKLOGIC’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY DAMAGES AND COSTS SHALL AVEPOINT HAVE NOT, IN ANY LIABILITY TO CUSTOMER IN EXCESS OF EVENT, EXCEED THE AMOUNTS FEE PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT MARKLOGIC FOR THE SOFTWARE, SERVICES OR ANY ADDENDUM HERETOSUPPORT UPON WHICH SUCH DAMAGES AND/OR COSTS ARE BASED.

Limitation of Liability. 14.1 EXCEPT WITH RESPECT TO A BREACH FOR LIABILITIES ARISING FROM (I) THE INTENTIONAL MISUSE OR MISAPPROPRIATION OF SECTION 2 THE OTHER PARTY’S CONFIDENTIAL INFORMATION OR 4, OR AS PROVIDED (II) EACH PARTY’s INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 7 HEREOF13, UNDER IN NO CIRCUMSTANCES EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY OF ITS AFFILIATES FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, BUSINESS OR GOODWILL) SUFFERED OR INCURRED BY THE SUCH OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO ITS AFFILIATES IN CONNECTION WITH THIS AGREEMENT, ANY ADDENDUM HERETO WHETHER BASED UPON BREACH OF CONTRACT OR THE PERFORMANCE OR BREACH THEREOFTORT, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSNEGLIGENCE, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY ADDITION TO THE LIMITATION OF LIABILITY TO CUSTOMER IN EXCESS SET FORTH ABOVE, EXCEPT FOR (A) the INTENTIONAL MISUSE OR MISAPPROPRIATION OF THE OTHER PARTY’S CONFIDENTIAL INFORMATION OR (B) Damages arising out of SUCH PARTY’s GROSS negligence or willful misconduct, NOF’s maximum aggregate liability to compensate APELLIS for all Damages under this AGREEMENT will be set on a per calendar year basis and for the calendar year in which the cause of such liability lies or exists (whether in contract, tort, strict liability, statute, or otherwise) and shall be limited to the AMOUNTS PAID BY CUSTOMER or payable by APELLIS TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETONOF in the then most recently completed calendar year.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOSS OF DATA, OR OTHER CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING ARISING FROM OR ARISING OUT OF OR RELATED RELATING TO THIS AGREEMENT, ANY ADDENDUM HERETO AGREEMENT OR THE USE OR PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSSERVICE, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR DAMAGES SUCH AS COMPENSATION OR DAMAGES FOR LOSS OF PRESENT OR PROSPECTIVE PROFITS OR REVENUES, LOSS OF ACTUAL OR ANTICIPATED COMMISSIONS, OR EXPENDITURES OR COMMITMENTS MADE IN NO EVENT SHALL AVEPOINT HAVE ANY CONNECTION WITH THE PERFORMANCE OF OBLIGATIONS UNDER THIS AGREEMENT. EXCEPT IN CONNECTION WITH THE INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 12 AND MCI WORLDCOM'S PAYMENT OBLIGATIONS UNDER SECTION 5, EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO CUSTOMER THIS AGREEMENT, WHETHER IN EXCESS CONTRACT, IN TORT, UNDER A THEORY OF STRICT LIABILITY OR OTHERWISE, WILL BE LIMITED TO THE AMOUNTS AGGREGATE AMOUNT PAID TO METRICOM BY CUSTOMER TO AVEPOINT MCI WORLDCOM UNDER THIS AGREEMENT OR ANY ADDENDUM HERETO.DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE

Limitation of Liability. ‌ EXCEPT WITH RESPECT TO FOR DAMAGES ARISING FROM A PARTY’S BREACH OF SECTION 2 OR 4AND A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION , OR AS PROVIDED IN SECTION 7 HEREOF, (A) UNDER NO CIRCUMSTANCES SHALL AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARYCONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTYINCLUDING, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR GOODWILL, LOST PROFITS, BUSINESS INTERRUPTIONLOST SALES OR BUSINESS, DAMAGE WORK STOPPAGE, COMPUTER FAILURE OR LOSS MALFUNCTION, LOST DATA OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY FOR ANY AND ALL OTHER DAMAGES OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSLOSSES, EVEN IF A REPRESENTATIVE OF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. DAMAGES AND (B) IN NO EVENT SHALL AVEPOINT HAVE WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LIABILITY TO CUSTOMER DIRECT DAMAGES, COSTS OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO AVEPOINT DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE INCIDENT OR CLAIM. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOBETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH IN NO EVENT WILL HONEYWELL, ITS AFFILIATED ENTITIES OR ANY OF SECTION 2 THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR 4AUTHORIZED AGENTS (COLLECTIVELY, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EITHER THE "HONEYWELL GROUP") AND HONEYWELL'S THIRD PARTY LICENSORS BE LIABLE TO YOU FOR ANY INDIRECTDIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARYCONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOSS OF GOODWILL, LOST REVENUE, SERVICE INTERRUPTION, COMPUTER DAMAGE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTYSYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO IN CONNECTION WITH THIS AGREEMENT, ANY ADDENDUM HERETO AGREEMENT OR THE PERFORMANCE INSTALLATION OR BREACH THEREOFUSE OF OR INABILITY TO USE THE HONEYWELL SOFTWARE, MATERIALS OR ANY THIRD PARTY APPLICATION UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, DAMAGES FOR LOSS OF BUSINESS STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR PROFITS, BUSINESS INTERRUPTION, DAMAGE NOT HONEYWELL OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, ITS THIRD PARTY TELECOMMUNICATION SERVICES LICENSORS WERE OR THIRD PARTY SECURITY FEATURES SHOULD HAVE BEEN AWARE OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOLIMITED WARRANTY THAT MAY BE EXPRESSED HEREIN.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED FOR THE PARTIES INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 7 HEREOF10, UNDER IN NO CIRCUMSTANCES SHALL EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECTACTUAL, COMPENSATORY, LOST PROFIT, EQUITABLE, INCIDENTAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE PUNITIVE, OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY(INCLUDING BUT NOT LIMITED TO LOSS OF DATA, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTYREVENUE, OR ANY OTHER THIRD PARTY RESULTING FROM PROFITS), COSTS, OR ARISING EXPENSES (INCLUDING BUT NOT LIMITED TO LEGAL FEES AND EXPENSES), WHETHER FORESEEABLE OR UNFORESEEABLE, THAT MAY ARISE OUT OF OR RELATED IN CONNECTION WITH THIS AGREEMENT UNDER ANY THEORY INCLUDING BUT NOT LIMITED TO THIS AGREEMENTBREACH OF CONTRACT, ANY ADDENDUM HERETO BREACH OF WARRANTY, OR NEGLIGENCE. EXCEPT FOR THE PERFORMANCE OR BREACH THEREOFPARTIES INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 10, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY WILL THE COLLECTIVE LIABILITY TO CUSTOMER IN EXCESS OF EITHER PARTY EXCEED THE GREATEST AMOUNT OF THE AMOUNTS FEES PAID OR OWED BY CUSTOMER TO AVEPOINT EITHER PARTY UNDER THIS AGREEMENT OR ANY ADDENDUM HERETO.AGREEMENT. THE LIMITATIONS IN THIS SECTION FORMED A BASIS FOR ENABLING EACH PARTY TO OFFER AND ACCEPT THE COMMISSION RATES HEREIN

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED COMPANY SHALL IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY EVENT BE LIABLE TO CUSTOMER OR ANY PERSON OR ENTITY USING ANY SERVICE SUPPLIED UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR TIME, REVENUE, PROFITS, BUSINESS INTERRUPTION, DAMAGE OR INCONVENIENCE, LOSS OR DESTRUCTION DAMAGE OF DATA, LOSS OF USE OF THE LICENSED ANY PRODUCT OR EQUIPMENT OR PROPERTY OR ANY LOSS DAMAGE CAUSED BY THE INTERRUPTIONANY TECHNICIAN, TERMINATION PRODUCT OR FAILED OPERATION EQUIPMENT, OR THEIR FAILURE TO WORK, OR FOR ANY OTHER INDIRECT, SPECIAL, RELIANCE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE ARISING OUT OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOOBLIGATION RESULTING THEREFROM, OR THE USE OR PERFORMANCE OF ANY PRODUCT OR PRODUCTS WHETHER IN AN ACTION FOR OR ARISING OUT OF ALLEGED BREACH OF WARRANTY, ALLEGED BREACHED OF COTRACT, DELAY NEGLIGENCE (ACTIVE OR PASSIVE), STRICT TORT LIABILITY OR OTHERWISE. COMPANY’S ENTIRE LIABILITY FOR ANY CLAIM OR LOSS, DAMAGE, OR EXPENSE FROM ANY CAUSE WHATSOEVER, SHALL IN NO EVENT EXCEED THE FEES ACTUALLY PAID BY CUSTOMER. NO ACTION OR PROCEEDING AGAINST COMPANY MAY BE CMMENCED MORE THAN ONE YEAR AFTER THE SERVICES ARE COMPLETED EXCEPT FOR COMPANY CLAIMS RELATING TO COLLECTION OF FEES DUE AND PAYABLE BY CUSTOMER. THIS PARAGRAPH SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4NEITHER VISUALIZE NOR ITS OFFICERS, EMPLOYEES, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES DIRECTORS SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTYDAMAGES, ANY PARTY CLAIMING ON BEHALF SUCH AS, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR THROUGH THE OTHER PARTYBENEFITS, OR ANY OTHER THIRD PARTY LOSS RESULTING FROM THE USE OF THE PRODUCT OR ARISING OUT OF ANY BREACH OF ANY WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, VISUALIZE SHALL HAVE NO LIABILITY FOR ANY CLAIM OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO VISUALIZE'S NEGLIGENCE, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, OR IN CONNECTION WITH ANY ADDENDUM HERETO USE OR OTHER EMPLOYMENT OF ANY PRODUCT LICENSED TO THE CUSTOMER HEREUNDER, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, OR OTHERWISE, WHICH MAY BE ASSERTED BY THE CUSTOMER. EXCEPT FOR IN RESPECT OF THIRD-PARTY CLAIMS PURSUANT TO SECTION 5.6 HEREIN, VISUALIZE'S AGGREGATE LIABILITY TO THE CUSTOMER FOR ALL LOSS AND DAMAGE WHETHER IN NEGLIGENCE, CONTRACT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR THE PERFORMANCE OPERATION OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE FAILURE TO OPERATE OF THE LICENSED PROPERTY OR PRODUCT, SHALL IN ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY BE LIMITED TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID TO VISUALIZE BY CUSTOMER TO AVEPOINT ACCRUE UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOAGREEMENT.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH NONE OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO AGENT OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT ----------------------- HOLDERS SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER THE GRANTOR (WHETHER SOUNDING IN EXCESS TORT, CONTRACT, OR OTHERWISE) FOR LOSSES SUFFERED BY THE GRANTOR OR ITS RESPECTIVE SUBSIDIARIES, AND THE GRANTOR HEREBY WAIVES AND RELEASES ANY CLAIMS, IN CONNECTION WITH, ARISING OUT OF, OR IN ANY WAY RELATED TO THE TRANSACTIONS OR RELATIONSHIPS CONTEMPLATED BY THIS AGREEMENT, OR ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION HEREWITH, UNLESS IT IS DETERMINED BY A FINAL AND NONAPPEALABLE JUDGMENT OR COURT ORDER BINDING ON THE AGENT OR ANY SUCH HOLDER, THAT THE LOSSES WERE THE RESULT OF ACTS OR OMISSIONS CONSTITUTING GROSS NEGLIGENCE, WILLFUL MISCONDUCT, BREACH OF CONTRACT OR KNOWING OR GROSSLY NEGLIGENT VIOLATIONS OF APPLICABLE REQUIREMENTS OF LAW. THE GRANTOR AGREES NOT TO ASSERT ANY CLAIM AGAINST ANY OF THE AMOUNTS PAID AGENT OR ANY HOLDER ON ANY THEORY OF LIABILITY FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH, THE OBLIGATIONS OR ANY OTHER MATTERS GOVERNED BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOTHE OTHER NOTE DOCUMENTS.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS FOR THE INDEMNIFICATION FOR THIRD PARTY CLAIMS PROVIDED IN SECTION 7 HEREOF9, ECS'S MAXIMUM LIABILITY FOR ANY ACTION ARISING UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT, CONTRACT OR OTHER FORM OF LIABILITY, SHALL IN NO CIRCUMSTANCES EVENT EXCEED THE FEES PAID BY CLIENT DURING THE ONE-YEAR PERIOD PRECEDING NOTICE TO ECS OF CLIENT'S LOSS. IN NO EVENT SHALL EITHER PARTY ECS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, OF ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOFKIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST DATA, LOST PROFITS, OPPORTUNITIES OR CONTRIBUTIONS, LOSS OF BUSINESS OR PROFITSUSE, GOODWILL, BUSINESS INTERRUPTION, DAMAGE OR LOSS OTHER PECUNIARY OR DESTRUCTION OF DATANON-PECUNIARY LOSS, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSHOWEVER ARISING, EVEN IF SUCH PARTY ECS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY THE PARTIES AGREE TO CUSTOMER IN EXCESS THE ALLOCATION OF RISK SET FORTH HEREIN. CLIENT ACKNOWLEDGES THAT THE AMOUNTS FEES PAID BY CUSTOMER TO AVEPOINT UNDER IT REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT OR ANY ADDENDUM HERETOAND THAT ECS WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY.

Limitation of Liability. 8.1. EXCEPT WITH RESPECT TO FOR A PARTYS’ BREACH OF ITS OBLIGATONS OF CONFIDENTIALITY UNDER SECTION 9, SERVICE PROVIDER’S NONPAYMENT OF UNDISPUTED AMOUNTS DUE, OR SERVICE PROVIDER’S BREACH OF ITS OBLIGATIONS UNDER SECTIONS 2 OR 43.2, OR AS PROVIDED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES EVENT SHALL EITHER PARTY OR RSTUDIO’S LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY(INCLUDING, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATIONBUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS THE INABILITY TO USE EQUIPMENT OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF ACCESS DATA, LOSS OF USE BUSINESS, LOSS OF PROFITS, LOSS OF USE, LOSS OR CORRUPTION OF DATA, PROCUREMENT OF SUBSTITUTE GOODS, FAILURE OF SECURITY MECHANISMS, THE LICENSED PROPERTY COSTS TO COVER, BUSINESS INTERRUPTION OR THE LIKE) ARISING OUT OF ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION BREACH OF THIS AGREEMENT OR FAILED OPERATION OTHERWISE ARISING OUT OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, THIS AGREEMENT AND EVEN IF SUCH THE OTHER PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE , BASED ON ANY THEORY OF LIABILITY TO CUSTOMER IN EXCESS INCLUDING BREACH OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY ADDENDUM HERETOOTHERWISE, AND EVEN IF SUCH DAMAGES WERE REASONABLY FORSEEABLE.

Limitation of Liability. EXCEPT WITH RESPECT THE LIABILITY OF HCI FOR DAMAGES UNDER THIS AGREEMENT SHALL BE LIMITED TO A BREACH OF SECTION 2 OR 4MONETARY DAMAGES, OR AS PROVIDED AND THE AGGREGATE AMOUNT THEREOF FOR ALL CLAIMS RELATING TO ANY PARTICULAR SERVICES SHALL IN SECTION 7 HEREOF, NO EVENT EXCEED AN AMOUNT EQUAL TO THE AGGREGATE FEES PAID TO HCI FROM WHICH THE DAMAGE AROSE. THE WARRANTIES GRANTED TO RESELLER HEREIN ARE PERSONAL TO RESELLER AND SHALL NOT ACCRUE TO ANY THIRD PARTY INCLUDING ANY END USER. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY HCI BE LIABLE FOR WARRANTIES GRANTED BY RESELLER IN EXCESS OF THOSE GRANTED TO RESELLER HEREIN OR TO THE END USER OR CUSTOMER BY THE SERVICES AGREEMENT. NO PARTY SHALL BE LIABLE TO ANOTHER PARTY OR TO ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTYDAMAGES, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTIONREVENUE, DAMAGE DATA OR LOSS USE, WHETHER IN AN ACTION IN CONTRACT OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSTORT, EVEN IF SUCH THE PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETO.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 THE FULLEST EXTENT ALLOWED BY LAW, COMPANY EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR 4TORT (INCLUDING NEGLIGENCE), OR AS PROVIDED IN SECTION 7 HEREOFFOR INCIDENTAL, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTYPUNITIVE, OR OTHER DAMAGES OF ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENTKIND (INCLUDING, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE LOSS OF BUSINESS INFORMATION OR LOSS OR DESTRUCTION OF DATA, LOSS OR OTHER PECUNIARY LOSS) ARISING OUT OF USE OR IN CONNECTION WITH THIS AGREEMENT, THE INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSSOFTWARE, EVEN IF SUCH PARTY COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DAMAGES AND IN NO EVENT SHALL AVEPOINT HAVE ANY COMPANY’S OR ITS SUPPLIERS’ LIABILITY TO CUSTOMER IN EXCESS YOU FOR ALL SUCH DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS (US$100). BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE AMOUNTS PAID BY CUSTOMER EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOYOU. THIRD PARTY BENEFICIARY. Licensors/suppliers of COMPANY and their affiliates are third party beneficiaries of this Agreement, and thus this Agreement is directly enforceable by such licensors/suppliers and their affiliates.

Limitation of Liability. EXCEPT WITH RESPECT TO OTHER THAN IN CASES OF GROSS NEGLIGENCE, WILLFUL MISCONDUCT, A BREACH OF SECTION 2 OR 410, OR AS PROVIDED A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 9: (A) IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOST PROFITS OR INCIDENTAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES SUFFERED ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS OCCASIONED BY THE OTHER PARTY, OR RESULTING FROM ANY PARTY CLAIMING ON BEHALF USE OF OR THROUGH INABILITY TO USE THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO PRODUCTS AND SERVICES PROVIDED UNDER THIS AGREEMENT, SUCH AS ANY ADDENDUM HERETO MALFUNCTION, DEFECT OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE FAILURE OF THE LICENSED PROPERTY MOBILE STORE OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION PLATFORM OR FAILED OPERATION OF ITS DELIVERY VIA THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE; AND (B) IN NO EVENT SHALL AVEPOINT HAVE ANY SHOPGATE’S AGGREGATE LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES RECEIVED BY SHOPGATE FROM MERCHANT UNDER THIS AGREEMENT DURING THE THEN-APPLICABLE INITIAL TERM OR ANY ADDENDUM HERETORENEWAL TERM.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES NEITHER PARTY SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY (OR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM THE OTHER PARTY’S RIGHTS, INCLUDING SUBLICENSEES) FOR ANY INDIRECTINCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTYPUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOSS OF BUSINESS, OR OTHER THIRD PARTY RESULTING FROM ECONOMIC DAMAGE, AND FURTHER INCLUDING INJURY TO PROPERTY, AS A RESULT OF BREACH OF ANY WARRANTY OR ARISING OUT ANY MATERIAL OBLIGATION OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO REGARDLESS OF WHETHER THE PARTY ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGESTHEREOF. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS EACH PARTY ACKNOWLEDGES THAT THE FOREGOING SENTENCE REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT, THAT SUCH VOLUNTARY RISK ALLOCATION WAS A MATERIAL PART OF THE BARGAIN BETWEEN THE PARTIES, AND THAT THE ECONOMIC AND OTHER TERMS OF THIS AGREEMENT OR ANY ADDENDUM HERETOWERE NEGOTIATED AND AGREED TO BY THE PARTIES IN RELIANCE ON SUCH VOLUNTARY RISK ALLOCATION.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH THE INDEMNITY PROVISION IN THIS SECTION 9 OF SECTION 2 THIS AGREEMENT, IN NO EVENT SHALL SILICON TRAVEL OR 4, PROPERTY OWNERS’ LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNTS RECEIVED BY SILICON TRAVEL HEREUNDER. IN NO EVENT SHALL SILICON TRAVEL BE LIABLE FOR COSTS OF SUBSTITUTE PRODUCTS OR AS PROVIDED SERVICES. IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES EVENT SHALL EITHER PARTY SILICON TRAVEL BE LIABLE FOR ANY INDIRECTCONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARYOR INDIRECT DAMAGES, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTYHOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY SILICON TRAVEL HAS BEEN PREVIOUSLY ADVISED WARNED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PARTICIPATION CHARGE TO SILICON TRAVEL IS BASED IN NO EVENT PART UPON THESE LIMITATIONS, AND FURTHER AGREES THAT THESE LIMITATIONS SHALL AVEPOINT HAVE APPLY NOTWITHSTANDING ANY LIABILITY TO CUSTOMER IN EXCESS FAILURE OF ESSENTIAL PURPOSE OR ANY LIMITED REMEDY (IF APPLICABLE). SILICON TRAVEL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT COMPUTER EQUIPMENT OR THE USE, VALIDITY, ACCURACY, OR APPROPRIATENESS OF ANY ADDENDUM HERETOMATERIALS ACCESSED ON THE INTERNET THROUGH THE COMPUTER EQUIPMENT.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EITHER EVENT WILL ANY PARTY BE LIABLE TO ANY OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS, LOST DATA, OR OTHER INDIRECT, SPECIAL, INCIDENTALCONSEQUENTIAL, EXEMPLARY, PUNITIVE EXEMPLARY OR CONSEQUENTIAL INCIDENTAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED RELATING TO THIS AGREEMENT, AGREEMENT OR ANY ADDENDUM HERETO PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED BY THAT PARTY UNDER THIS AGREEMENT OR THE PERFORMANCE OR BREACH USE THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH THAT PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LOSS OR DAMAGE; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS THE RESPECTIVE LIABILITIES OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT CYBERCARE, INTERNATIONAL OR AMERICARE UNDER THIS AGREEMENT EXCEED THE TOTAL AGGREGATE AMOUNT PAID BY AMERICARE UNDER THIS AGREEMENT. NOTWITHSTANDING THE LIMITATION SET FORTH IN THIS SECTION 19, CYBERCARE'S AND INTERNATIONAL'S LIABILITY SHALL NOT BE LIMITED FOR PRODUCT LIABILITY CLAIMS RELATED TO THE NETWORK, CAREGIVER TERMINAL OR ANY ADDENDUM HERETOSYSTEM UNITS.

Limitation of Liability. IN NO EVENT WILL A PARTY'S LIABILITY ARISING OUT OF THIS AGREEMENT (EXCEPT WITH RESPECT TO A BREACH FOR BREACHES OF SECTION 2 4 OR 4INFRINGEMENT OF THE OTHER PARTY'S INTELLECTUAL PROPERTY RIGHTS) EXCEED THE FEES AND OTHER AMOUNTS RECEIVED BY OR PAYABLE TO RAMBUS HEREUNDER, PROVIDED, HOWEVER, THAT THIS MAXIMUM LIABILITY OF TOSHIBA AND SONY SHALL BE IN ADDITION TO TOSHIBA'S AND SONY'S OBLIGATION TO PAY ALL FEES AND OTHER AMOUNTS PAYABLE, BUT UNPAID, BY TOSHIBA OR AS PROVIDED IN SONY. EXCEPT FOR INFRINGEMENT OF THE OTHER PARTY'S INTELLECTUAL PROPERTY RIGHTS OR BREACHES OF SECTION 7 4 HEREOF, UNDER IN NO CIRCUMSTANCES EVENT SHALL EITHER ANY PARTY BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, SPECIALOR INCIDENTAL DAMAGES, INCIDENTALHOWEVER CAUSED, EXEMPLARY, PUNITIVE ON ANY THEORY OF LIABILITY AND WHETHER OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. , ARISING IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS WAY OUT OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER Development Agreement January 6, 2003 THIS AGREEMENT OR ANY ADDENDUM HERETOTHE DESIGNS, TECHNOLOGY OR PRODUCTS LICENSED OR OTHERWISE PROVIDED PURSUANT TO THIS AGREEMENT.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EVENT WILL EITHER PARTY OR ITS AGENTS, OWNERS, OFFICERS, EMPLOYEES OR CONTRACTORS BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTYPUNITIVE, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, EXEMPLARY DAMAGES FOR LOSS OF BUSINESS OR BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, OR LOSS OF USE BUSINESS INFORMATION), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER THE LICENSED PROPERTY DAMAGES ARE FORESEEABLE AND WHETHER OR ANY LOSS CAUSED BY NOT THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES IN ADVANCE. EXCEPT FOR A BREACH TO THE BUSINESS ASSOCIATE AGREEMENT OR A MEDICAL MALPRACTICE SUIT, IN NO EVENT SHALL AVEPOINT HAVE ANY WILL THE CUMULATIVE LIABILITY TO CUSTOMER IN EXCESS OF A PARTY HEREUNDER EXCEED THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT FEES PAYABLE FOR SERVICES UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOFOR THE SIX MONTHS PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION ACCRUED, EXCEPT THIS LIMITATION SHALL NOT APPLY TO AMOUNTS OWED BY PARTNER TO GROUP FOR SERVICES DELIVERED BY GROUP UNDER THIS AGREEMENT. IN THE EVENT OF AN INCONSISTENCY BETWEEN THIS PROVISION AND OTHER AGREEMENTS BETWEEN THE PARTIES, THIS PROVISION SHALL CONTROL.

Limitation of Liability. EXCEPT WITH RESPECT TO FOR A BREACH BY EITHER PARTY OF SECTION 2 OR 4ITS CONFIDENTIALITY OBLIGATIONS UNDER ARTICLE 7 AND EXCEPT FOR BREACHES OF ANY LICENSE RESTRICTIONS, OR AS PROVIDED IN SECTION 7 HEREOFANY PAYMENT OBLIGATIONS RESULTING FROM AN INDEMNIFICATION OBLIGATION HEREUNDER, UNDER NO CIRCUMSTANCES SHALL WILL EITHER PARTY BE LIABLE TO THE OTHER, UNDER CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOST REVENUE, LOST PROFITS, EQUIPMENT DOWN-TIME, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE SPECIAL OR CONSEQUENTIAL DAMAGES SUFFERED BY OF ANY KIND IN CONNECTION WITH THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF SUBJECT MATTER OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH BY EITHER PARTY OF ITS CONFIDENTIALITY OBLIGATIONS UNDER ARTICLE 7 AND EXCEPT FOR BREACHES OF ANY LICENSE RESTRICTIONS, OR ANY PAYMENT OBLIGATIONS RESULTING FROM AN INDEMNIFICATION OBLIGATION HEREUNDER, IN NO EVENT SHALL AVEPOINT HAVE ANY WILL EITHER PARTY’S LIABILITY TO CUSTOMER IN EXCESS THE OTHER UNDER THIS AGREEMENT EXCEED THE GREATER OF ONE MILLION DOLLARS ($1,000,000) OR THE AMOUNTS PAID OR PAYABLE BY CUSTOMER SUCH PARTY TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOTHE OTHER PARTY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Limitation of Liability. EXCEPT WITH RESPECT a. ANY PROVISION IN THIS AGREEMENT, ANY OTHER AGREEMENT OR THE RULES TO THE CONTRARY NOTWITHSTANDING, BANK SHALL ONLY BE LIABLE FOR DAMAGES SOLELY AND PROXIMATELY CAUSED BY ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND BANK’S LIABILITY SHALL IN NO EVENT EXCEED THE LESSER OF (i) CUSTOMER’S ACTUAL DAMAGES OR (ii) THE TOTAL FEES PAID BY CUSTOMER TO BANK FOR THE SERVICE FOR WHICH A BREACH CLAIM IS MADE FOR THE PERIOD OF SECTION 2 SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. IN NO EVENT SHALL BANK OR 4, ANY PROVIDER BE RESPONSIBLE OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTALCONSEQUENTIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTYINCIDENTAL DAMAGES, ANY PARTY CLAIMING ON BEHALF OF LOSSES OR THROUGH THE OTHER PARTYINJURIES (INCLUDING, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR LOST PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE, LOSS OF DATA OR COST OF COVER) ARISING OUT OF, OR RELATED TO, THE USE BY CUSTOMER OF ANY SERVICE OR THE LICENSED PROPERTY FAILURE OF BANK OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSPROVIDER TO PROPERLY PROCESS AND COMPLETE TRANSACTIONS THEREUNDER, EVEN IF BANK OR SUCH PARTY HAS PROVIDER(S) HAVE BEEN PREVIOUSLY SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT , LOSSES OR ANY ADDENDUM HERETOINJURIES.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH THE PARTIES HERETO EXPRESSLY UNDERSTAND AND AGREE THAT THE RIGHTS OF TERMINATION SET FORTH IN THIS SECTION 2 OR 413 IS ABSOLUTE, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY AND THAT THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF PARTIES HAVE CONSIDERED THE POSSIBILITY OF SUCH DAMAGESTERMINATION AND THE POSSIBILITY OF LOSS AND DAMAGE RESULTING THEREFROM, IN MAKING EXPENDITURES PURSUANT TO THEIR PERFORMANCE OF THIS AGREEMENT. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS IT IS THE EXPRESS INTENT AND AGREEMENT OF THE AMOUNTS PAID PARTIES THAT, EXCEPT AS PROVIDED OTHERWISE IN THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY DIRECT, INDIRECT, COLLATERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF BUSINESS REPUTATION, LOSS OF GOODWILL, LOSS OF THE OPPORTUNITY TO RECOUP THE INVESTMENT AND/OR LOST BUSINESS OPPORTUNITY, INCURRED BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT THE OTHER PARTY ARISING, DIRECTLY OR INDIRECTLY, FROM OR ON ACCOUNT OF ANY ADDENDUM HERETOEXPENDITURES, INVESTMENTS, LEASES OR COMMITMENTS MADE BY EITHER PARTY OR FOR ANY OTHER REASON WHATSOEVER BASED UPON OR GROWING OUT OF SUCH TERMINATION OR EXPIRATION.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES PEARSON SHALL EITHER PARTY NOT BE LIABLE TO LICENSEE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTYDAMAGES; OR LOST PROFITS, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTYLOST FUNDING, LOST SAVINGS, OR ANY OTHER LOST OR DAMAGED DATA; OR FOR CLAIMS OF A THIRD PARTY RESULTING FROM OR PARTY; ARISING OUT OF THESE POLICIES OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS XXXXXXX’X PROVISION OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE OF THE LICENSED PROPERTY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SUPPORT SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMSOTHER PROFESSIONAL SERVICES HEREUNDER, EVEN IF SUCH PARTY PEARSON HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR THEY ARE FORESEEABLE. IN ANY EVENT, IN RESPECT OF ANY CLAIM, DEMAND OR ACTION ARISING OUT OF THESE POLICIES, LICENSEE SHALL BE LIMITED TO RECEIVING ACTUAL AND DIRECT DAMAGES IN A MAXIMUM AGGREGATE AMOUNT EQUAL TO THE CHARGES PAID BY LICENSEE TO PEARSON HEREUNDER FOR THE APPLICABLE SUPPORT SERVICES OR OTHER PROFESSIONAL SERVICES ON WHICH THE CLAIM IS BASED (AND, IN THE CASE OF SUPPORT SERVICES, IN NO EVENT SHALL AVEPOINT HAVE ANY WILL THE LIABILITY TO CUSTOMER IN EXCESS OF PEARSON EXCEED THE AMOUNTS TOTAL AMOUNT OF MONEY PAID BY CUSTOMER LICENSEE TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOPEARSON DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD WITH RESPECT TO THE PARTICULAR SUPPORT SERVICES ON WHICH THE CLAIM IS BASED.)

Limitation of Liability. EXCEPT WITH RESPECT FOR (I) PAYMENT OF FEES OR CHARGES ARISING UNDER THIS AGREEMENT AND (II) LIABILITY FOR GROSS NEGLIGENCE OR WILFUL MISCONDUCT RESULTING IN DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, EACH PARTY’S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE OR EXPENSE FROM ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO A BREACH DIRECT, PROVEN DAMAGES IN AN AMOUNT NOT TO EXCEED THE AGGREGATE AMOUNT OF SECTION 2 OR 4, OR AS PROVIDED ANY COMMISSIONS TO WHICH SONY IS ENTITLED UNDER THE SALES AGENT AGREEMENT BETWEEN THE PARTIES DATED THE DATE HEREOF (THE “SALES AGENT AGREEMENT”). NEITHER PARTY SHALL IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY ANY EVENT BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECTINCIDENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTYCONSEQUENTAL, OR ANY OTHER THIRD PARTY INDIRECT LOSS OR DAMAGE, INCLUDING LOST PROFITS OR LOST REVENUES, ARISING OUT OF THIS AGREEMENT OR ANY OBLIGATION RESULTING FROM THEREFROM, OR THE USE OR PERFORMANCE OF ANY SERVICE, WHETHER IN AN ACTION FOR OR ARISING OUT OF OR RELATED TO THIS AGREEMENTANY CAUSE WHATSOEVER, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE REGARDLESS OF THE LICENSED PROPERTY FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR ANY LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR FAILED OPERATION OTHERWISE. THIS CLAUSE SHALL SURVIVE FAILURE OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY LIABILITY TO CUSTOMER IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER THIS AGREEMENT OR ANY ADDENDUM HERETOAN EXCLUSIVE REMEDY.

Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF SECTION 2 OR 4THE EXTENT PERMISSIBLE BY APPLICABLE LAW, OR AS PROVIDED IN SECTION 7 HEREOF, UNDER NO CIRCUMSTANCES EVENT SHALL EITHER PARTY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE LIABLE, BEFORE THE OTHER PARTY, UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL THEORY, FOR ANY INDIRECTLOST PROFITS, LOSS OF DATA, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE INDIRECT OR CONSEQUENTIAL DAMAGES SUFFERED DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY THE OTHER PARTY, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ADDENDUM HERETO OR THE PERFORMANCE OR BREACH THEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, DAMAGE OR LOSS OR DESTRUCTION OF DATA, LOSS OF USE AGREEMENT OF THE LICENSED PROPERTY PARTIES REGARDLESS OF WHETHER OR ANY LOSS CAUSED BY NOT THE INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, THIRD PARTY TELECOMMUNICATION SERVICES OR THIRD PARTY SECURITY FEATURES OR SYSTEMS, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVEPOINT HAVE ANY THE COMBINED MAXIMUM LIABILITY OF A PARTY ARISING OUT OF OR RELATING TO CUSTOMER IN EXCESS THIS AGREEMENT SHALL EXCEED ONE MILLION UNITED STATES DOLLARS ($1,000,000 USD). NO ACTION, REGARDLESS OF FORM, ARISING FROM OR RELATING TO THIS AGREEMENT MAY BE BROUGHT BY CHAPTER MORE THAN ONE YEAR AFTER CHAPTER BECOMES AWARE THAT SUCH ACTION HAS ACCRUED. THE FOREGOING REPRESENTS AN EXPRESS ALLOCATION OF RISK BETWEEN THE PARTIES. ISACA REVOCATION OF THE AMOUNTS PAID BY CUSTOMER TO AVEPOINT UNDER CHARTER AND TERMINATION OF THIS AGREEMENT SHALL NOT MAKE ISACA LIABLE FOR COMPENSATION, REIMBURSEMENT, REFUNDS, OR ANY ADDENDUM HERETODAMAGES OR LOST PROFITS, SALES OR GOODWILL.