Common use of Limitation of Warranties and Liability Clause in Contracts

Limitation of Warranties and Liability. LIGHTWAVE, ITS PARENTS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AND AGENTS, COLLECTIVELY AND INDIVIDUALLY [LIGHTWAVE], MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE EQUIPMENT FURNISHED TO YOU AND/OR SERVICES PROVIDED. LIGHTWAVE SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH, OR THE DEGRADATION OR INTERRUPTION OF ANY SERVICES, FOR ANY LOST DATA OR CONTENT, IDENTITY THEFT, FILES OR SOFTWARE DAMAGE, REGARDLESS OF CAUSE. LIGHTWAVE SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE PROVISION OF SERVICES. NOR SHALL LIGHTWAVE BE LIABLE FOR FAILURE TO PROVIDE SERVICE IF THE CAUSE IS DUE TO THE ACT OF AN UNAFFILIATED THIRD PARTY. YOU HEREBY INDEMNIFY AND HOLD HARMLESS LIGHTWAVE FROM ANY CLAIMS, ACTIONS, PROCEEDINGS, DAMAGES AND LIABILITIES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF (i) SUCH DAMAGE OR INJURY RESULTING FROM ANY CLAIM THAT YOUR USE OF THE SERVICE INFRINGES ON THE PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, (ii) ANY BREACH OR ALLEGED BREACH BY YOU OF THIS AGREEMENT; OR INJURY TO PERSON OR PROPERTY RESULTING FROM YOUR GROSS NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL LIGHTWAVE BE LIABLE FOR ANY INCIDENTIAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES. LIGHTWAVE’S MAXIMUM TOTAL LIABILITY TO YOU ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRIOR MONTH OF SERVICE.

Limitation of Warranties and Liability. LIGHTWAVEEXCEPT AS SET FORTH IN THIS AGREEMENT, ITS PARENTSCURRICULUM ASSOCIATES MAKES NO WARRANTIES WITH RESPECT TO THE PRODUCT OR THE SERVICES. CURRICULUM ASSOCIATES DOES NOT WARRANT THAT THE PRODUCT OR SERVICES WILL MEET ALL OF THE DISTRICT’S REQUIREMENTS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, REPRESENTATIVES, SUCCESSORS WILL BE ACCURATE OR WILL BE ENTIRELY UNINTERRUPTED OR ERROR FREE. CURRICULUM ASSOCIATES EXPRESSLY EXCLUDES AND ASSIGNS, DISCLAIMS ALL EXPRESS AND AGENTS, COLLECTIVELY AND INDIVIDUALLY [LIGHTWAVE], MAKE NO IMPLIED WARRANTIES, EXPRESSED INCLUDING THE IMPLIED WARRANTIES OF NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CURRICULUM ASSOCIATES SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR IMPLIEDLOSS OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY DATA LOSS OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE EQUIPMENT FURNISHED TO YOU AND/OR SERVICES PROVIDED. LIGHTWAVE SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH, OR THE DEGRADATION OR INTERRUPTION OF ANY SERVICES, FOR ANY LOST DATA OR CONTENT, IDENTITY THEFT, FILES OR SOFTWARE DAMAGECORRUPTION, REGARDLESS OF CAUSEWHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE. LIGHTWAVE IN NO EVENT SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY CURRICULUM ASSOCIATES OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATIONITS LICENSORS, MAINTENANCE EMPLOYEES, AGENTS, AFFILIATED AUTHORS OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE PROVISION OF SERVICES. NOR SHALL LIGHTWAVE BE LIABLE FOR FAILURE TO PROVIDE SERVICE IF THE CAUSE IS DUE TO THE ACT OF AN UNAFFILIATED THIRD PARTY. YOU HEREBY INDEMNIFY AND HOLD HARMLESS LIGHTWAVE FROM ANY CLAIMS, ACTIONS, PROCEEDINGS, DAMAGES AND LIABILITIES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF (i) SUCH DAMAGE OR INJURY RESULTING FROM ANY CLAIM THAT YOUR USE OF THE SERVICE INFRINGES ON THE PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, (ii) ANY BREACH OR ALLEGED BREACH BY YOU OF THIS AGREEMENT; OR INJURY TO PERSON OR PROPERTY RESULTING FROM YOUR GROSS NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL LIGHTWAVE CONTRACTORS BE LIABLE FOR ANY INCIDENTIALINCIDENTAL, INDIRECTCONSEQUENTIAL, PUNITIVEPUNITIVE OR MULTIPLE DAMAGES OF ANY KIND, SPECIAL WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR CONSEQUENTIAL DAMAGESOTHERWISE. LIGHTWAVE’S MAXIMUM TOTAL IN NO EVENT SHALL THE LIABILITY TO YOU ARISING UNDER THIS AGREEMENT SHALL BE LIMITED OF CURRICULUM ASSOCIATES TO THE DISTRICT EXCEED THE TOTAL AMOUNT ACTUALLY OF LICENSE FEES PAID BY YOU THE DISTRICT TO CURRICULUM ASSOCIATES FOR ACCESS TO THE PRIOR MONTH OF SERVICEPRODUCT.

Limitation of Warranties and Liability. LIGHTWAVETHE DIGITAL CONTENT IS PROVIDED ON AN "AS IS" BASIS, ITS PARENTSWITHOUT ANY WARRANTIES OR CONDITIONS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AND AGENTS, COLLECTIVELY AND INDIVIDUALLY [LIGHTWAVE], MAKE NO WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE RISK AS TO THE EQUIPMENT FURNISHED RESULTS AND PERFORMANCE OF THE DIGITAL CONTENT IS ASSUMED BY YOU. NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU AND/OR SERVICES PROVIDED. LIGHTWAVE SHALL NOT BE LIABLE ANY OTHER PERSON OR ENTITY FOR DAMAGES FOR FAILURE TO FURNISHANY INDIRECT, INCIDENTAL, SPECIAL, OR THE DEGRADATION CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR INTERRUPTION OF ANY SERVICESPROFIT, FOR ANY LOST OR DAMAGED DATA OR CONTENTOTHER COMMERCIAL OR ECONOMIC LOSS, IDENTITY THEFTEVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FILES OR SOFTWARE DAMAGE, REGARDLESS OF CAUSETHEY ARE FORESEEABLE. LIGHTWAVE SHALL WE ARE ALSO NOT BE LIABLE RESPONSIBLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE PROVISION OF SERVICES. NOR SHALL LIGHTWAVE BE LIABLE FOR FAILURE TO PROVIDE SERVICE IF THE CAUSE IS DUE TO THE ACT OF AN UNAFFILIATED CLAIMS BY A THIRD PARTY. YOU HEREBY INDEMNIFY AND HOLD HARMLESS LIGHTWAVE FROM ANY CLAIMS, ACTIONS, PROCEEDINGS, DAMAGES AND LIABILITIES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF (i) SUCH DAMAGE OR INJURY RESULTING FROM ANY CLAIM THAT YOUR USE OF THE SERVICE INFRINGES ON THE PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, (ii) ANY BREACH OR ALLEGED BREACH BY YOU OF THIS AGREEMENT; OR INJURY TO PERSON OR PROPERTY RESULTING FROM YOUR GROSS NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL LIGHTWAVE BE LIABLE FOR ANY INCIDENTIAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES. LIGHTWAVE’S OUR MAXIMUM TOTAL AGGREGATE LIABILITY TO YOU ARISING UNDER THIS AGREEMENT AND THAT OF OUR DEALERS AND SUPPLIERS SHALL BE LIMITED TO NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR ONE MONTH’S ACCESS TO OUR SERVICES. THE PRIOR MONTH LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF SERVICEA FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limitation of Warranties and Liability. LIGHTWAVEEXCEPT FOR THE EXPRESS WARRANTY ABOVE, ITS PARENTSTHE PRODUCT IS PROVIDED ON AN “AS IS” BASIS, AFFILIATESWITHOUT ANY OTHER WARRANTIES OR CONDITIONS, SUBSIDIARIES, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AND AGENTS, COLLECTIVELY AND INDIVIDUALLY [LIGHTWAVE], MAKE NO WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE RISK AS TO THE EQUIPMENT FURNISHED RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU AND/OR SERVICES PROVIDED. LIGHTWAVE SHALL NOT BE LIABLE ANY OTHER PERSON OR ENTITY FOR DAMAGES FOR FAILURE TO FURNISHANY INDIRECT, INCIDENTAL, SPECIAL, OR THE DEGRADATION CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR INTERRUPTION OF ANY SERVICESPROFIT, FOR ANY LOST OR DAMAGED DATA OR CONTENTOTHER COMMERCIAL OR ECONOMIC LOSS, IDENTITY THEFTEVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FILES OR SOFTWARE DAMAGE, REGARDLESS OF CAUSETHEY ARE FORESEEABLE. LIGHTWAVE SHALL WE ARE ALSO NOT BE LIABLE RESPONSIBLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE PROVISION OF SERVICES. NOR SHALL LIGHTWAVE BE LIABLE FOR FAILURE TO PROVIDE SERVICE IF THE CAUSE IS DUE TO THE ACT OF AN UNAFFILIATED CLAIMS BY A THIRD PARTY. YOU HEREBY INDEMNIFY AND HOLD HARMLESS LIGHTWAVE FROM ANY CLAIMS, ACTIONS, PROCEEDINGS, DAMAGES AND LIABILITIES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF (i) SUCH DAMAGE OR INJURY RESULTING FROM ANY CLAIM THAT YOUR USE OF THE SERVICE INFRINGES ON THE PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, (ii) ANY BREACH OR ALLEGED BREACH BY YOU OF THIS AGREEMENT; OR INJURY TO PERSON OR PROPERTY RESULTING FROM YOUR GROSS NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL LIGHTWAVE BE LIABLE FOR ANY INCIDENTIAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES. LIGHTWAVE’S OUR MAXIMUM TOTAL AGGREGATE LIABILITY TO YOU ARISING UNDER THIS AGREEMENT AND THAT OF OUR DEALERS AND SUPPLIERS SHALL BE LIMITED TO NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRIOR MONTH PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF SERVICEA FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limitation of Warranties and Liability. LIGHTWAVEEXCEPT AS SPECIFICALLY SET FORTH HEREIN, ITS PARENTS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, REPRESENTATIVES, SUCCESSORS THE PARTIES AGREE AND ASSIGNS, AND AGENTS, COLLECTIVELY AND INDIVIDUALLY [LIGHTWAVE], MAKE ACKNOWLEDGE THAT THERE IS NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE HEREUNDER, AS TO AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. THE EQUIPMENT FURNISHED TO YOU AND/OR SERVICES PROVIDEDPARTIES CONFIRM THAT THE EXPRESS REMEDIES AND MEASURES OF DAMAGES PROVIDED IN THIS AGREEMENT SATISFY THE ESSENTIAL PURPOSES HEREOF. LIGHTWAVE SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH, OR THE DEGRADATION OR INTERRUPTION BREACH OF ANY SERVICESPROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, FOR ANY LOST DATA SUCH EXPRESS REMEDY OR CONTENTMEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, IDENTITY THEFTTHE OBLIGOR’S LIABILITY SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN OR IN A TRANSACTION, FILES OR SOFTWARE DAMAGE, REGARDLESS OF CAUSE. LIGHTWAVE SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE PROVISION OF SERVICES. NOR SHALL LIGHTWAVE BE LIABLE FOR FAILURE TO PROVIDE SERVICE IF THE CAUSE IS DUE TO THE ACT OF AN UNAFFILIATED THIRD PARTY. YOU HEREBY INDEMNIFY AND HOLD HARMLESS LIGHTWAVE FROM ANY CLAIMS, ACTIONS, PROCEEDINGS, DAMAGES AND LIABILITIES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF (i) SUCH DAMAGE OR INJURY RESULTING FROM ANY CLAIM THAT YOUR USE OF THE SERVICE INFRINGES ON THE PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, (ii) ANY BREACH OR ALLEGED BREACH BY YOU OF THIS AGREEMENT; OR INJURY TO PERSON OR PROPERTY RESULTING FROM YOUR GROSS NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL LIGHTWAVE BE LIABLE FOR ANY INCIDENTIAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES. LIGHTWAVEOBLIGOR’S MAXIMUM TOTAL LIABILITY TO YOU ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE AMOUNT ACTUALLY PAID SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. UNLESS EXPRESSLY HEREIN PROVIDED, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY YOU FOR STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. IT IS THE PRIOR MONTH INTENT OF SERVICETHE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE.

Limitation of Warranties and Liability. LIGHTWAVEEXCEPT AS EXPRESSLY SET FORTH IN SECTION 5 HEREIN, ITS PARENTSWHA SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR THE SERVICE, AFFILIATESCOURSE CONTENT AND/OR SOFTWARE, SUBSIDIARIESOR CUSTOMER’S USE THEREOF, EMPLOYEES, REPRESENTATIVES, SUCCESSORS INCLUDING ANY LIABILITY FOR NEGLIGENCE; WHA MAKES AND ASSIGNS, AND AGENTS, COLLECTIVELY AND INDIVIDUALLY [LIGHTWAVE], MAKE CUSTOMER RECEIVES NO WARRANTIES, EXPRESSED OR EXPRESS, IMPLIED, INCLUDINGSTATUTORY, WITHOUT LIMITATION, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER COMMUNICATION; AND WHA SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AS TO THE EQUIPMENT FURNISHED TO YOU AND/OR SERVICES PROVIDEDTITLE AND NON-INFRINGEMENT. LIGHTWAVE SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISHWHA MAKES NO REPRESENTATION, GUARANTY, OR WARRANTY THAT (a) THE DEGRADATION SERVICE, COURSE CONTENT or SOFTWARE WILL MEET CUSTOMER REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR INTERRUPTION ERROR-FREE, (c) THE RESULTS FROM THE USE OF THE SERVICE, COURSE CONTENT OR SOFTWARE WILL BE COMPLETE, ACCURATE OR RELIABLE, AND (d) THE QUALITY OF SERVICE, COURSE CONTENT OR SOFTWARE, AND THE INFORMATION AND OTHER MATERIAL OBTAINED BY CUSTOMER THROUGH THE SERVICE, COURSE CONTENT OR SOFTWARE WILL MEET CUSTOMER EXPECTATIONS. ANY SERVICESSERVICES OR INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE, COURSE CONTENT OR SOFTWARE IS OBTAINED AT CUSTOMER’S OWN DISCRETION AND RISK AND CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY LOST DATA OR CONTENT, IDENTITY THEFT, FILES OR SOFTWARE DAMAGE, REGARDLESS OF CAUSE. LIGHTWAVE SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY CUSTOMER SOFTWARE, FILES, DESIGNS, COMPUTER HARDWARE, TECHNICAL AND OTHER SYSTEMS OR FOR INJURY LOSS OF OR DAMAGE TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENTDATA, SOFTWARE, WIRING OR GOODS THAT RESULTS FROM THE PROVISION USE OF ANY SUCH SERVICES, INFORMATION AND MATERIAL. NOR SHALL LIGHTWAVE BE LIABLE FOR FAILURE CUSTOMER MAY HAVE CERTAIN STATUTORY RIGHTS TO PROVIDE SERVICE IF THE CAUSE IS DUE WHICH THESE EXCLUSIONS DO NOT APPLY, HOWEVER, TO THE ACT FULLEST EXTENT PERMITTED BY LAW, THE DURATION OF AN UNAFFILIATED THIRD PARTY. YOU HEREBY INDEMNIFY AND HOLD HARMLESS LIGHTWAVE FROM ANY CLAIMSSTATUTORILY REQUIRED WARRANTIES, ACTIONSIF ANY, PROCEEDINGS, DAMAGES AND LIABILITIES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF (i) SUCH DAMAGE OR INJURY RESULTING FROM ANY CLAIM THAT YOUR USE OF THE SERVICE INFRINGES ON THE PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, (ii) ANY BREACH OR ALLEGED BREACH BY YOU OF THIS AGREEMENT; OR INJURY TO PERSON OR PROPERTY RESULTING FROM YOUR GROSS NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL LIGHTWAVE BE LIABLE FOR ANY INCIDENTIAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES. LIGHTWAVE’S MAXIMUM TOTAL LIABILITY TO YOU ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID WARRANTY PERIOD SET FORTH IN SECTION 5 ABOVE. MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY YOU LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT, REPRESENTATIVE OR EMPLOYEE OF WHA IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY. Notwithstanding any other provision of law to the contrary and to the extent such limitation is allowed by contract, the cumulative liability of WHA to the CUSTOMER for all claims relating to the Service, Course Content and Software in contract, tort, or otherwise, shall not exceed the total amount of fees paid to WHA by CUSTOMER for such Service, Course Content and Software. IN NO EVENT SHALL WHA BE LIABLE TO THE CUSTOMER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, MULTIPLE OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS OR REVENUE OR OTHER ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, GOODWILL, LOSS OF INFORMATION OR DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES, EVEN IF WHA HAS BEEN ADVISED OF THE PRIOR MONTH POSSIBILITY OF SERVICESUCH POTENTIAL LOSS OR DAMAGE TO CUSTOMER. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO CUSTOMER.

Limitation of Warranties and Liability. LIGHTWAVETHE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS PARENTS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AND AGENTS, COLLECTIVELY AND INDIVIDUALLY [LIGHTWAVE], MAKE NO VMWARE DISCLAIMS ANY IMPLIED WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AS PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. TO THE EQUIPMENT FURNISHED TO YOU AND/OR SERVICES PROVIDED. LIGHTWAVE SHALL NOT MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VMWARE BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISHANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR THE DEGRADATION ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR INTERRUPTION OF ANY SERVICES, FOR ANY LOST DATA OR CONTENT, IDENTITY THEFT, FILES OR SOFTWARE DAMAGE, REGARDLESS OF CAUSE. LIGHTWAVE SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE PROVISION OF SERVICES. NOR SHALL LIGHTWAVE BE LIABLE FOR FAILURE TO PROVIDE SERVICE IF THE CAUSE IS DUE TO THE ACT OF AN UNAFFILIATED THIRD PARTY. YOU HEREBY INDEMNIFY AND HOLD HARMLESS LIGHTWAVE FROM ANY CLAIMS, ACTIONS, PROCEEDINGS, CONSEQUENTIAL DAMAGES AND LIABILITIES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF (i) SUCH DAMAGE THE SOFTWARE OR INJURY RESULTING FROM ANY CLAIM THAT YOUR USE OF THE SERVICE INFRINGES ON SOFTWARE, UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE PATENTEXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, (ii) ANY BREACH OR ALLEGED BREACH BY YOU THE PRECEDING LIMITATION MAY NOT APPLY TO YOU. VMWARE’S LIABILITY ARISING OUT OF THIS AGREEMENT; OR INJURY TO PERSON OR PROPERTY RESULTING FROM YOUR GROSS NEGLIGENCEAGREEMENT AND THE SOFTWARE PROVIDED HEREUNDER WILL NOT, IN ANY EVENT, EXCEED US$10,000.00. UNDER NO CIRCUMSTANCES WILL LIGHTWAVE BE LIABLE FOR ANY INCIDENTIAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES. LIGHTWAVE’S MAXIMUM TOTAL LIABILITY TO YOU ARISING UNDER THIS AGREEMENT THE FOREGOING LIMITATIONS SHALL BE LIMITED APPLY TO THE AMOUNT ACTUALLY PAID MAXIMUM EXTENT PERMITTED BY YOU FOR APPLICABLE LAW, REGARDLESS OF WHETHER VMWARE HAS BEEN ADVISED OF THE PRIOR MONTH POSSIBILITY OF SERVICESUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Warranties and Liability. LIGHTWAVERAY MAKES NO WARRANTIES EXPRESS OR IMPLIED INCLUDING WARRANTIES AS TO MERCHANTABILITY OR AS TO FITNESS FOR ANY PARTICULAR USE OR PURPOSE. RAY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE INCLUDING CONSEQUENTIAL OR INCIDENTAL DAMAGES, ITS PARENTSDIRECTLY OR INDIRECTLY ARISING FROM THE USE OF GOODS SOLD BY RAY OR FOR ANY DELAYS IN DELIVERY OF GOODS. IN LIEU OF ANY WARRANTIES BY XXX, AFFILIATESXXX WILL ASSIGN TO BUYER ANY WARRANTIES TO WHICH RAY MAY BE ENTITLED AGAINST THE MANUFACTURER OR DISTRIBUTOR OF THE GOODS. IN THE EVENT OF ANY LIABILITY NOT OTHERWISE DISCLAIMED, SUBSIDIARIESBUYER’S SOLE AND EXCLUSIVE REMEDY AGAINST RAY SHALL BE, EMPLOYEESAT RAY’S OPTION, REPRESENTATIVES(A) REPAIR OR REPLACEMENT OF DEFECTIVE GOODS, SUCCESSORS AND ASSIGNS, AND AGENTS, COLLECTIVELY AND INDIVIDUALLY [LIGHTWAVE], MAKE OR (B) REFUND OF THE PURCHASE PRICE FOR PROPERLY RETURNED GOODS. THE BUYER AGREES THAT NO WARRANTIES, EXPRESSED OR IMPLIED, OTHER REMEDY (INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY OR ANY WARRANTY OF MERCHANTABILITY OTHER INCIDENTAL OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE EQUIPMENT FURNISHED TO YOU AND/OR SERVICES PROVIDEDCONSEQUENTIAL LOSS) SHALL BE AVAILABLE. LIGHTWAVE RAY SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH, OR THE DEGRADATION OR INTERRUPTION OF ANY SERVICES, FOR ANY LOST DATA OR CONTENT, IDENTITY THEFT, FILES OR SOFTWARE DAMAGE, REGARDLESS OF CAUSE. LIGHTWAVE SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE PROVISION OF SERVICES. NOR SHALL LIGHTWAVE BE LIABLE FOR FAILURE TO PROVIDE SERVICE IF THE CAUSE IS DUE TO THE ACT OF AN UNAFFILIATED THIRD PARTY. YOU HEREBY INDEMNIFY AND HOLD HARMLESS LIGHTWAVE FROM ANY CLAIMS, ACTIONS, PROCEEDINGS, DAMAGES AND LIABILITIES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF (i) SUCH DAMAGE OR INJURY KIND RESULTING FROM ANY CLAIM THAT YOUR USE OF THE SERVICE INFRINGES ON THE PATENTDELAY OR FAILURE TO DELIVER OR PERFORM DUE TO STRIKES, COPYRIGHT, TRADEMARK LOCKOUTS OR OTHER INTELLECTUAL PROPERTY RIGHT LABOR DIFFICULTIES, FAILURE OR DELAY OF SOURCES OF SUPPLY, TRANSPORTATION DIFFICULTIES, ACCIDENTS, FIRES, ACTS OF GOD, OR ANY THIRD PARTYOTHER CAUSE OF LIKE OR UNLIKE NATURE BEYOND RAY'S REASONABLE CONTROL. WITH RESPECT TO GOODS MODIFIED BY RAY AT BUYER’S REQUEST, (ii) ANY BREACH OR ALLEGED BREACH BY YOU RAY SHALL HAVE NO LIABILITY WHATSOEVER IN THE EVENT THAT SUCH GOODS' MANUFACTURERS' WARRANTIES ARE VOIDED AS A RESULT OF THIS AGREEMENT; OR INJURY TO PERSON OR PROPERTY RESULTING FROM YOUR GROSS NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL LIGHTWAVE BE LIABLE FOR ANY INCIDENTIAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES. LIGHTWAVE’S MAXIMUM TOTAL LIABILITY TO YOU ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRIOR MONTH OF SERVICESUCH MODIFICATION.

Limitation of Warranties and Liability. LIGHTWAVELESSOR WARRANTS THAT IT HAS THE RIGHT TO LEASE THE EQUIPMENT TO LESSEE AND THAT DURING THE RENTAL TERM, ITS PARENTSLESSEE SHALL HAVE AND ENJOY QUIET POSSESSION OF THE EQUIPMENT AGAINST ANY LAWFUL CLAIMS AGAINST THE LESSOR. THIS EQUIPMENT IS LEASED WHERE IS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNSAS IS, AND AGENTSXXXXXX MAKES NO REPRESENTATION OR WARRANTY OF ANY pg. 6 GENERAL TERMS KIND THAT THE EQUIPMENT IS OR SHALL BE FIT OR SUITABLE FOR ANY SPECIFIC PURPOSE OR PURPOSES OF LESSEE, COLLECTIVELY INCLUDING MERCHANTABILITY, WHETHER OR NOT DISCLOSED OR KNOWN TO LESSOR. EXCEPT AS EXPRESSLY CONTAINED HEREIN, XXXXXX MAKES NO WARRANTY EXPRESS OR IMPLIED WITH RESPECT TO THE EQUIPMENT OR ANY PART THEREOF, NOR ANY REPRESENTATION, PROMISE OR AGREEMENT. XXXXXX HAS RELIED SOLELY AND INDIVIDUALLY [LIGHTWAVE]EXCLUSIVELY ON ITS OWN JUDGMENT, MAKE EXPERTISE AND CRITERIA IN SELECTING AND INSPECTING THE EQUIPMENT. UNLESS OTHERWISE EXPRESSLY REPRESENTED, LESSOR IS NOT THE MANUFACTURER OF THE EQUIPMENT. LESSOR EXTENDS NO WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDINGOF MERCHANTABILITY, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, DESIGN, MATERIALS, OR OTHERWISE, EXCEPT AS TO SET FORTH IN THIS AGREEMENT. IN NO EVENT SHALL LESSOR OR THE MANUFACTURER (OR ITS COMPONENT SUPPLIERS) OF THE EQUIPMENT FURNISHED TO YOU AND/OR SERVICES PROVIDED. LIGHTWAVE SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH, OR THE DEGRADATION OR INTERRUPTION OF ANY SERVICES, FOR ANY LOST DATA OR CONTENT, IDENTITY THEFT, FILES OR SOFTWARE DAMAGE, REGARDLESS OF CAUSE. LIGHTWAVE SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE PROVISION OF SERVICES. NOR SHALL LIGHTWAVE BE LIABLE FOR FAILURE TO PROVIDE SERVICE IF THE CAUSE IS DUE TO THE ACT OF AN UNAFFILIATED THIRD PARTY. YOU HEREBY INDEMNIFY AND HOLD HARMLESS LIGHTWAVE FROM ANY CLAIMS, ACTIONS, PROCEEDINGS, DAMAGES AND LIABILITIES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF (i) SUCH DAMAGE OR INJURY RESULTING FROM ANY CLAIM THAT YOUR USE OF THE SERVICE INFRINGES ON THE PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, (ii) ANY BREACH OR ALLEGED BREACH BY YOU OF THIS AGREEMENT; OR INJURY TO PERSON OR PROPERTY RESULTING FROM YOUR GROSS NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL LIGHTWAVE BE LIABLE FOR ANY INCIDENTIALDELAY, WORK STOPPAGE, LOSS OF USE OF EQUIPMENT, LOSS OF TIME, INCONVENIENCE, LOSS OF PROFIT, OR ANY DIRECT, INDIRECT, PUNITIVEINCIDENTAL, LIQUIDATED, SPECIAL OR CONSEQUENTIAL DAMAGES. LIGHTWAVE’S MAXIMUM TOTAL LIABILITY TO YOU ARISING UNDER THE SOLE AND EXCLUSIVE REMEDY OF LESSEE FOR ANY BREACH, ERROR AND/OR OMISSION BY LESSOR OF THIS AGREEMENT SHALL BE LIMITED THE SUSPENSION OF THE RENTAL CHARGES DURING THE PERIOD OF TIME THE EQUIPMENT IS NOT IN OPERATION OR FOR ANY DELAYS IN DELIVERING, INSTALLING, JUMPING, REPAIRING/MAINTAINING, AND/OR REMOVING THE EQUIPMENT. NOTWITHSTANDING ANYTHING TO THE AMOUNT ACTUALLY PAID BY YOU CONTRARY, LESSOR SHALL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR LIQUIDATED DAMAGES, EXCEPT AS EXPRESSLY STATED IMMEDIATELY ABOVE. IN NO EVENT WILL LESSOR’S LIABILITY ARISING OUT OF CONTRACT OR TORT OR ANY OTHER CAUSE OF ACTION EXCEED THE PRIOR RENTAL RATE FOR ONE (1) MONTH OF SERVICEAS STATED HEREIN.

Limitation of Warranties and Liability. LIGHTWAVEEXCEPT FOR THE EXPRESS WARRANTY ABOVE, ITS PARENTSTHE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AND AGENTS, COLLECTIVELY AND INDIVIDUALLY [LIGHTWAVE], MAKE NO WITHOUT ANY OTHER WARRANTIES, EXPRESSED OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING. THE ENTIRE RISK AS TO THE EQUIPMENT FURNISHED RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU AND/OR SERVICES PROVIDED. LIGHTWAVE SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH, ANY OTHER PERSON OR THE DEGRADATION OR INTERRUPTION OF ANY SERVICES, ENTITY FOR ANY LOST DATA OR CONTENT, IDENTITY THEFT, FILES OR SOFTWARE DAMAGE, REGARDLESS OF CAUSE. LIGHTWAVE SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE PROVISION OF SERVICES. NOR SHALL LIGHTWAVE BE LIABLE FOR FAILURE TO PROVIDE SERVICE IF THE CAUSE IS DUE TO THE ACT OF AN UNAFFILIATED THIRD PARTY. YOU HEREBY INDEMNIFY AND HOLD HARMLESS LIGHTWAVE FROM ANY CLAIMS, ACTIONS, PROCEEDINGS, DAMAGES AND LIABILITIES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF (i) SUCH DAMAGE OR INJURY RESULTING FROM ANY CLAIM THAT YOUR USE OF THE SERVICE INFRINGES ON THE PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, (ii) ANY BREACH OR ALLEGED BREACH BY YOU OF THIS AGREEMENT; OR INJURY TO PERSON OR PROPERTY RESULTING FROM YOUR GROSS NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL LIGHTWAVE BE LIABLE FOR ANY INCIDENTIAL, INDIRECT, PUNITIVEINCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGESDAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE; OR FOR CLAIMS BY A THIRD PARTY. LIGHTWAVE’S OUR MAXIMUM TOTAL AGGREGATE LIABILITY TO YOU ARISING UNDER THIS AGREEMENT YOU, AND THAT OF OUR DEALERS AND SUPPLIERS SHALL BE LIMITED TO NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRIOR MONTH PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF SERVICEA FUNDAMENTAL CONDITION OR TERM, OR A FUNDAMENTAL BREACH. SOME STATES, COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limitation of Warranties and Liability. LIGHTWAVEEXCEPT AS EXPRESSLY SET FORTH IN SECTION 4, NEITHER LIGHTRIVER, NOR ITS PARENTS, AFFILIATES, SUBSIDIARIESOFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AND AGENTS, COLLECTIVELY AND INDIVIDUALLY [LIGHTWAVE], MAKE NO WARRANTIES, EXPRESSED THIRD PARTY LICENSORS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE SUPPLIERS SHALL HAVE ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS LIABILITY TO THE EQUIPMENT FURNISHED TO YOU AND/CUSTOMER OR ANY THIRD PARTY FOR THE PRODUCTS, THE SERVICES PROVIDED. LIGHTWAVE SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH, OR THE DEGRADATION OR INTERRUPTION OF ANY SERVICES, FOR ANY LOST DATA OR CONTENT, IDENTITY THEFT, FILES OR SOFTWARE DAMAGE, REGARDLESS OF CAUSE. LIGHTWAVE SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE PROVISION OF SERVICES. NOR SHALL LIGHTWAVE BE LIABLE FOR FAILURE TO PROVIDE SERVICE IF THE CAUSE IS DUE TO THE ACT OF AN UNAFFILIATED THIRD PARTY. YOU HEREBY INDEMNIFY AND HOLD HARMLESS LIGHTWAVE FROM ANY CLAIMS, ACTIONS, PROCEEDINGS, DAMAGES AND LIABILITIES, INCLUDING ATTORNEYS’ FEES, OTHERWISE ARISING OUT OF (i) SUCH DAMAGE OR INJURY RESULTING FROM ANY CLAIM THAT YOUR USE OF THE SERVICE INFRINGES ON THE PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, (ii) ANY BREACH OR ALLEGED BREACH BY YOU OF THIS AGREEMENT; OR INJURY TO PERSON OR PROPERTY RESULTING FROM YOUR GROSS , INCLUDING ANY LIABILITY FOR NEGLIGENCE. UNDER The cumulative liability of LightRiver, its affiliates, officers, directors, employees, third party licensors and their respective suppliers for all claims relating to the Products and Services or otherwise arising out of this Agreement, in contract, tort, or otherwise, shall not exceed the total amount of all fees paid to LightRiver by the Customer under this Agreement provided that if such claims or damages arise out of specific Products or Services provided by LightRiver to Customer, such liability shall be limited to fees paid for the relevant Product or Service giving rise to such claims or damages, which in the case of Maintenance for specific Products shall be an amount equal to the Maintenance fee paid with respect thereto by the Customer in the twelve months preceding the applicable claim. Any action or proceeding against LightRiver must be brought 24 months after the cause of action accrues. IN NO CIRCUMSTANCES WILL LIGHTWAVE EVENT SHALL LIGHTRIVER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, THIRD PARTY LICENSORS OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY INCIDENTIALCONSEQUENTIAL, INDIRECT, PUNITIVESPECIAL, SPECIAL MULTIPLE OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION AND LOST DATA, FOR ANY CLAIMS RELATING TO THE PRODUCTS AND SERVICES OR OTHERWISE ARISING OUT OF THIS AGREEMENT, IN CONTRACT, TORT, OR OTHERWISE, EVEN IF LIGHTRIVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. LIGHTWAVE’S MAXIMUM TOTAL LIABILITY , SO THE ABOVE EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRIOR MONTH OF SERVICEYOU.

Limitation of Warranties and Liability. LIGHTWAVEEXCEPT FOR THE EXPRESS WARRANTY ABOVE, ITS PARENTSTHE PRODUCT IS PROVIDED ON AN "AS-IS" BASIS, AFFILIATESWITHOUT ANY OTHER WARRANTIES OR CONDITIONS, SUBSIDIARIES, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AND AGENTS, COLLECTIVELY AND INDIVIDUALLY [LIGHTWAVE], MAKE NO WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE RISK AS TO THE EQUIPMENT FURNISHED RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU AND/OR SERVICES PROVIDED. LIGHTWAVE SHALL NOT BE LIABLE ANY OTHER PERSON OR ENTITY FOR DAMAGES FOR FAILURE TO FURNISHANY INDIRECT, INCIDENTAL, SPECIAL, OR THE DEGRADATION CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR INTERRUPTION OF ANY SERVICESPROFIT, FOR ANY LOST OR DAMAGED DATA OR CONTENTOTHER COMMERCIAL OR ECONOMIC LOSS, IDENTITY THEFTEVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FILES OR SOFTWARE DAMAGE, REGARDLESS OF CAUSETHEY ARE FORESEEABLE. LIGHTWAVE SHALL WE ARE ALSO NOT BE LIABLE RESPONSIBLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE PROVISION OF SERVICES. NOR SHALL LIGHTWAVE BE LIABLE FOR FAILURE TO PROVIDE SERVICE IF THE CAUSE IS DUE TO THE ACT OF AN UNAFFILIATED CLAIMS BY A THIRD PARTY. YOU HEREBY INDEMNIFY AND HOLD HARMLESS LIGHTWAVE FROM ANY CLAIMS, ACTIONS, PROCEEDINGS, DAMAGES AND LIABILITIES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF (i) SUCH DAMAGE OR INJURY RESULTING FROM ANY CLAIM THAT YOUR USE OF THE SERVICE INFRINGES ON THE PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, (ii) ANY BREACH OR ALLEGED BREACH BY YOU OF THIS AGREEMENT; OR INJURY TO PERSON OR PROPERTY RESULTING FROM YOUR GROSS NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL LIGHTWAVE BE LIABLE FOR ANY INCIDENTIAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES. LIGHTWAVE’S OUR MAXIMUM TOTAL AGGREGATE LIABILITY TO YOU ARISING UNDER THIS AGREEMENT AND THAT OF OUR DEALERS AND SUPPLIERS SHALL BE LIMITED TO NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRIOR MONTH PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF SERVICEA FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limitation of Warranties and Liability. LIGHTWAVEXXX MAKES NO WARRANTIES EXPRESS OR IMPLIED INCLUDING WARRANTIES AS TO MERCHANTABILITY OR AS TO FITNESS FOR ANY PARTICULAR USE OR PURPOSE. XXX SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE INCLUDING CONSEQUENTIAL OR INCIDENTAL DAMAGES, ITS PARENTSDIRECTLY OR INDIRECTLY ARISING FROM THE USE OF GOODS SOLD BY RAY OR FOR ANY DELAYS IN DELIVERY OF GOODS. IN LIEU OF ANY WARRANTIES BY XXX, AFFILIATESXXX WILL ASSIGN TO BUYER ANY WARRANTIES TO WHICH XXX MAY BE ENTITLED AGAINST THE MANUFACTURER OR DISTRIBUTOR OF THE GOODS. IN THE EVENT OF ANY LIABILITY NOT OTHERWISE DISCLAIMED, SUBSIDIARIESBUYER’S SOLE AND EXCLUSIVE REMEDY AGAINST RAY SHALL BE, EMPLOYEESAT RAY’S OPTION, REPRESENTATIVES(A) REPAIR OR REPLACEMENT OF DEFECTIVE GOODS, SUCCESSORS AND ASSIGNS, AND AGENTS, COLLECTIVELY AND INDIVIDUALLY [LIGHTWAVE], MAKE OR (B) REFUND OF THE PURCHASE PRICE FOR PROPERLY RETURNED GOODS. THE BUYER AGREES THAT NO WARRANTIES, EXPRESSED OR IMPLIED, OTHER REMEDY (INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY OR ANY WARRANTY OF MERCHANTABILITY OTHER INCIDENTAL OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE EQUIPMENT FURNISHED TO YOU AND/OR SERVICES PROVIDEDCONSEQUENTIAL LOSS) SHALL BE AVAILABLE. LIGHTWAVE XXX SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH, OR THE DEGRADATION OR INTERRUPTION OF ANY SERVICES, FOR ANY LOST DATA OR CONTENT, IDENTITY THEFT, FILES OR SOFTWARE DAMAGE, REGARDLESS OF CAUSE. LIGHTWAVE SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE PROVISION OF SERVICES. NOR SHALL LIGHTWAVE BE LIABLE FOR FAILURE TO PROVIDE SERVICE IF THE CAUSE IS DUE TO THE ACT OF AN UNAFFILIATED THIRD PARTY. YOU HEREBY INDEMNIFY AND HOLD HARMLESS LIGHTWAVE FROM ANY CLAIMS, ACTIONS, PROCEEDINGS, DAMAGES AND LIABILITIES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF (i) SUCH DAMAGE OR INJURY KIND RESULTING FROM ANY CLAIM THAT YOUR USE OF THE SERVICE INFRINGES ON THE PATENTDELAY OR FAILURE TO DELIVER OR PERFORM DUE TO STRIKES, COPYRIGHT, TRADEMARK LOCKOUTS OR OTHER INTELLECTUAL PROPERTY RIGHT LABOR DIFFICULTIES, FAILURE OR DELAY OF SOURCES OF SUPPLY, TRANSPORTATION DIFFICULTIES, ACCIDENTS, FIRES, ACTS OF GOD, OR ANY THIRD PARTYOTHER CAUSE OF LIKE OR UNLIKE NATURE BEYOND XXX'S REASONABLE CONTROL. WITH RESPECT TO GOODS MODIFIED BY XXX AT BUYER’S REQUEST, (ii) ANY BREACH OR ALLEGED BREACH BY YOU XXX SHALL HAVE NO LIABILITY WHATSOEVER IN THE EVENT THAT SUCH GOODS' MANUFACTURERS' WARRANTIES ARE VOIDED AS A RESULT OF THIS AGREEMENT; OR INJURY TO PERSON OR PROPERTY RESULTING FROM YOUR GROSS NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL LIGHTWAVE BE LIABLE FOR ANY INCIDENTIAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES. LIGHTWAVE’S MAXIMUM TOTAL LIABILITY TO YOU ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRIOR MONTH OF SERVICESUCH MODIFICATION.

Limitation of Warranties and Liability. LIGHTWAVE, ITS PARENTS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, REPRESENTATIVES, SUCCESSORS THE SOFTWARE PRODUCT AND ASSIGNS, AND AGENTS, COLLECTIVELY AND INDIVIDUALLY [LIGHTWAVE], MAKE NO WARRANTIES, EXPRESSED OR IMPLIEDACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT ANY ADDITIONAL WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ANY WARRANTY WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW OR STATUTE. THE LICENSOR DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE SOFTWARE PRODUCT OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE LICENSEE ASSUMES THE ENTIRE RISK AS TO THE EQUIPMENT FURNISHED TO YOU AND/OR SERVICES PROVIDEDRESULTS AND PERFORMANCE OF THE SOFTWARE PRODUCT. LIGHTWAVE CONSEQUENTLY, THE LICENSOR SHALL NOT BE LIABLE TO THE LICENSEE FOR DAMAGES FOR FAILURE TO FURNISHANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS LICENSE, THE SOFTWARE PRODUCT, ITS USE, OR OTHERWISE. * TO THE DEGRADATION OR INTERRUPTION OF ANY SERVICESMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR EXPRESSLY EXCLUDES LIABILITY FOR ANY LOST DATA OR CONTENTSPECIAL, IDENTITY THEFT, FILES OR SOFTWARE DAMAGE, REGARDLESS OF CAUSE. LIGHTWAVE SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE PROVISION OF SERVICES. NOR SHALL LIGHTWAVE BE LIABLE FOR FAILURE TO PROVIDE SERVICE IF THE CAUSE IS DUE TO THE ACT OF AN UNAFFILIATED THIRD PARTY. YOU HEREBY INDEMNIFY AND HOLD HARMLESS LIGHTWAVE FROM ANY CLAIMS, ACTIONS, PROCEEDINGS, DAMAGES AND LIABILITIES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF (i) SUCH DAMAGE OR INJURY RESULTING FROM ANY CLAIM THAT YOUR USE OF THE SERVICE INFRINGES ON THE PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, (ii) ANY BREACH OR ALLEGED BREACH BY YOU OF THIS AGREEMENT; OR INJURY TO PERSON OR PROPERTY RESULTING FROM YOUR GROSS NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL LIGHTWAVE BE LIABLE FOR ANY INCIDENTIALDIRECT, INDIRECT, PUNITIVE, SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES. LIGHTWAVE’S MAXIMUM TOTAL LIABILITY LOSS OR DAMAGE, WHICH MAY ARISE IN RESPECT OF THE SOFTWARE PRODUCT, ITS USE OR INABILITY TO YOU ARISING UNDER THIS AGREEMENT SHALL BE USE, THE SYSTEM ON WHICH THE SOFTWARE PRODUCT IS USED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF THE AMOUNT ACTUALLY PAID BY YOU FOR LICENSOR HAS BEEN ADVISED OF THE PRIOR MONTH POSSIBILITY OF SERVICELOSS OR THE LOSS IS FORESEEABLE.

Limitation of Warranties and Liability. LIGHTWAVETHE SOFTWARE AND MANUALS ARE PROVIDED “AS IS,” WITHOUT WARRANTY, REPRESENTATION OR CONDITIONS OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SKYLINE OR ITS PARENTSDEALERS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, AFFILIATESREPAIR, SUBSIDIARIESOR CORRECTION. FURTHER, EMPLOYEESSKYLINE DOES NOT WARRANT, REPRESENTATIVESGUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, SUCCESSORS AND ASSIGNSOR THE RESULTS OF THE USE OF, THE SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE, AND AGENTSYOU RELY ON THE SOFTWARE AND RESULTS SOLELY AT YOUR OWN RISK. THE SOFTWARE MAY INCLUDE DATA AND IMAGES FROM THIRD PARTIES. SKYLINE HAS NOT VERIFIED THE COMPLETENESS OR ACCURACY OF SUCH DATA OR IMAGES. IN ADDITION, COLLECTIVELY THE AREAS DEPICTED IN THESE IMAGES MAY CHANGE OVER TIME FOR VARIOUS REASONS. SKYLINE HAS NO OBLIGATION TO PROVIDE UPDATED DATA OR IMAGES TO REFLECT SUCH CHANGES. USERS SHOULD BE AWARE OF THESE LIMITATIONS. IN PARTICULAR, PERSONS USING THE SOFTWARE FOR PURPOSES RELATED TO HIGH RISK ACTIVITIES, SUCH AS AIRCRAFT NAVIGATION, SHOULD UNDERSTAND THAT THE SOFTWARE IS NOT A SUBSTITUTE FOR ADEQUATE AND INDIVIDUALLY [LIGHTWAVE]PROPER TRAINING, MAKE NO EXPERIENCE AND JUDGMENT AND THAT OTHER AVAILABLE SOURCES OF INFORMATION ABOUT A PARTICULAR GEOGRAPHIC AREA SHOULD ALSO BE UTILIZED. THE SOFTWARE IS NOT FAULT-TOLERANT. SKYLINE DOES NOT WARRANT THAT THE FUNCTIONS OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYLINE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIEDREPRESENTATIONS AND CONDITIONS OF TITLE, INCLUDINGNON-INFRINGEMENT, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE, AS . TO THE EQUIPMENT FURNISHED TO YOU AND/MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT (INCLUDING NEGLIGENCE) (I) SHALL SKYLINE OR SERVICES PROVIDED. LIGHTWAVE SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH, OR THE DEGRADATION OR INTERRUPTION OF ANY SERVICES, FOR ANY LOST DATA OR CONTENT, IDENTITY THEFT, FILES OR SOFTWARE DAMAGE, REGARDLESS OF CAUSE. LIGHTWAVE SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE PROVISION OF SERVICES. NOR SHALL LIGHTWAVE BE LIABLE FOR FAILURE TO PROVIDE SERVICE IF THE CAUSE IS DUE TO THE ACT OF AN UNAFFILIATED THIRD PARTY. YOU HEREBY INDEMNIFY AND HOLD HARMLESS LIGHTWAVE FROM ANY CLAIMS, ACTIONS, PROCEEDINGS, DAMAGES AND LIABILITIES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF (i) SUCH DAMAGE OR INJURY RESULTING FROM ANY CLAIM THAT YOUR USE OF THE SERVICE INFRINGES ON THE PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, (ii) ANY BREACH OR ALLEGED BREACH BY YOU OF THIS AGREEMENT; OR INJURY TO PERSON OR PROPERTY RESULTING FROM YOUR GROSS NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL LIGHTWAVE ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTIALSPECIAL, INCIDENTAL, INDIRECT, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, SPECIAL DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION OR CONSEQUENTIAL OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR THE INABILITY TO USE THE SOFTWARE, EVEN IF SKYLINE HAS BEEN ADVISED OF THE POSSIBILITY FOR SUCH DAMAGES. LIGHTWAVE, OR (II) SHALL SKYLINE’S MAXIMUM TOTAL AGGREGATE LIABILITY TO YOU ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO IN CONNECTION WITH THE SOFTWARE OR USE OF THE SOFTWARE EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO SKYLINE FOR THE PRIOR MONTH PARTICULAR SOFTWARE WITH RESPECT TO WHICH SUCH LIABILITY AROSE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF SERVICESPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OR THE LIMITATION OF LIABILITY IN CERTAIN SITUATIONS, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU IN ALL INSTANCES.

Limitation of Warranties and Liability. LIGHTWAVELESSOR WAR- RANTS THAT IT HAS THE RIGHT TO LEASE THE EQUIPMENT TO LESSEE AND THAT DURING THE RENTAL TERM, ITS PARENTSLESSEE SHALL HAVE AND ENJOY QUIET POSSESSION OF THE EQUIPMENT AGAINST ANY LAWFUL CLAIMS AGAINST THE LESSOR. THIS EQUIPMENT IS LEASED WHERE IS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNSAS IS, AND AGENTSLESSOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND THAT THE EQUIPMENT IS OR SHALL BE FIT OR SUITABLE FOR ANY SPECIFIC PURPOSE OR PURPOSES OF LESSEE, COLLECTIVELY INCLUDING MERCHANTABILITY, WHETHER OR NOT DISCLOSED OR KNOWN TO LESSOR. EXCEPT AS EXPRESSLY CONTAINED HEREIN, LESSOR MAKES NO WARRANTY EXPRESS OR IMPLIED WITH RESPECT TO THE EQUIPMENT OR ANY PART THEREOF, NOR ANY REPRESENTATION, PROMISE OR AGREEMENT. LESSEE HAS RELIED SOLELY AND INDIVIDUALLY [LIGHTWAVE]EXCLUSIVELY ON ITS OWN JUDGMENT, MAKE EXPERTISE AND CRITERIA IN SELECTING AND INSPECTING THE EQUIPMENT.UNLESS OTHERWISE EXPRESSLY REPRESENTED, LESSOR IS NOT THE MANUFACTURER OF THE EQUIPMENT. LESSOR EXTENDS NO WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDINGOF MERCHANTABILITY, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, DESIGN, MATERIALS, OR OTHERWISE, EXCEPT AS TO SET FORTH IN THIS AGREEMENT. IN NO EVENT SHALL LESSOR OR THE MANUFACTURER (OR ITS COMPONENT SUPPLIERS) OF THE EQUIPMENT FURNISHED TO YOU AND/OR SERVICES PROVIDED. LIGHTWAVE SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH, OR THE DEGRADATION OR INTERRUPTION OF ANY SERVICES, FOR ANY LOST DATA OR CONTENT, IDENTITY THEFT, FILES OR SOFTWARE DAMAGE, REGARDLESS OF CAUSE. LIGHTWAVE SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE PROVISION OF SERVICES. NOR SHALL LIGHTWAVE BE LIABLE FOR FAILURE TO PROVIDE SERVICE IF THE CAUSE IS DUE TO THE ACT OF AN UNAFFILIATED THIRD PARTY. YOU HEREBY INDEMNIFY AND HOLD HARMLESS LIGHTWAVE FROM ANY CLAIMS, ACTIONS, PROCEEDINGS, DAMAGES AND LIABILITIES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF (i) SUCH DAMAGE OR INJURY RESULTING FROM ANY CLAIM THAT YOUR USE OF THE SERVICE INFRINGES ON THE PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, (ii) ANY BREACH OR ALLEGED BREACH BY YOU OF THIS AGREEMENT; OR INJURY TO PERSON OR PROPERTY RESULTING FROM YOUR GROSS NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL LIGHTWAVE BE LIABLE FOR ANY INCIDENTIALDELAY, WORK STOPPAGE, LOSS OF USE OF EQUIPMENT, LOSS OF TIME, INCONVENIENCE, LOSS OF PROFIT, OR ANY DIRECT, INDIRECT, PUNITIVEINCIDENTAL, LIQ- UIDATED, SPECIAL OR CONSEQUENTIAL DAMAGES. LIGHTWAVE’S MAXIMUM TOTAL LIABILITY TO YOU ARISING UNDER THE SOLE AND EXCLUSIVE REMEDY OF LESSEE FOR ANY BREACH, ERROR AND/OR OMISSION BY LESSOR OF THIS AGREEMENT SHALL BE LIMITED THE SUSPENSION OF THE RENTAL CHARGES DURING THE PERI- OD OF TIME THE EQUIPMENT IS NOT IN OPERATION OR FOR ANY DELAYS IN DELIVERING,INSTALLING, JUMPING, REPAIRING/MAIN- TAINING, AND/OR REMOVING THE EQUIPMENT. NOTWITHSTAND- ING ANYTHING TO THE AMOUNT ACTUALLY PAID BY YOU CONTRARY, LESSOR SHALL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, PUNITIVE, INCIDEN- TAL OR LIQUIDATED DAMAGES, EXCEPT AS EXPRESSLY STATED IMMEDIATELY ABOVE. IN NO EVENT WILL LESSOR’S LIABILITY GENERAL TERMS ARISING OUT OF CONTRACT OR TORT OR ANY OTHER CAUSE OF ACTION EXCEED THE PRIOR RENTAL RATE FOR ONE (1) MONTH OF SERVICEAS STATED HEREIN.