Common use of Limitations on Liability Clause in Contracts

Limitations on Liability. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICE.

Limitations on Liability. IN NO EVENT WILL EITHER NEITHER PARTY SHALL BE LIABLE TO THE OTHER, FOR ANY SPECIAL, INCIDENTALEXEMPLARY, INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR RESULTING FROM LOSS OF PROFITSUSE OF DATA OR THE SERVICES, LOST BUSINESS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION LOST REVENUES, FAILURE TO REALIZE ANTICIPATED SAVINGS, OR LOST PROFITS, AND ANY OTHER DAMAGES FOR ECONOMIC LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF OR INSTALLATION, IMPLEMENTATION, CUSTOMIZATION, USE, INABILITY TO USE THE SOFTWARE USE, OPERATION OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED SUPPORT OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SERVICES. EACH PARTY’S MAXIMUM AGGREGATE LIABILITY TO THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT OTHER OR TO ANY OTHER PERSON FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ANY LOSS ARISING OUT OF OR IN CONNECTION WITH RELATED TO THIS AGREEMENT OR THE SOFTWARE INSTALLATION, IMPLEMENTATION, CUSTOMIZATION, USE, INABILITY TO USE, OPERATION OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL SUPPORT OF THE SERVICES SHALLL NOT EXCEED THE LICENSE FEE YOU TOTAL FEES PAID FOR AND/OR PAYABLE BY KHS TO CONTRACTOR IN THE SOFTWARE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO, AFFECT, OR LIMIT CONTRACTOR’S DUTY TO INDEMNIFY KHS IN ACCORDANCE WITH THIS AGREEMENT AND/OR (II) ANY FEE YOU PAID FOR THIRD PARTY CLAIMS. IN WITNESS TO THE SERVICEFOREGOING, the parties have executed this Agreement as of the Execution Date. XXXX HEALTH SYSTEMS By: Xxxxxxx X. Xxxxxxx Chief Executive Officer Date: APPROVED AS TO FORM: OFFICE OF COUNTY COUNSEL By: Xxxxxxxxx X. Xxxxxx Chief Deputy Counsel for Xxxx Health Systems CONTRACTOR By: <<Name>> <<Title>> Date: EXHIBIT “A” SCOPE OF SERVICES <<Contractor’s Name>> THIS SCOPE OF SERVICES (“Scope of Work”) is effective <<Date>>, (the “Scope of Work Effective Date”) and is governed by the Agreement between KHS and Contractor dated, <<Date>>. Any conflict in definitions between the Agreement and this Scope of Work shall have the meanings set forth in the Agreement unless explicitly modified herein, and in such case shall apply for the purposes of this Scope of Work only.

Limitations on Liability. IN NO EVENT WILL EITHER PARTY BE LIABLE (a) SUBJECT TO SECTION 7.02, THE LIABILITIES OF THE PROVIDER AND ITS SUBSIDIARIES AND THEIR RESPECTIVE REPRESENTATIVES, COLLECTIVELY, UNDER THIS AGREEMENT FOR ANY SPECIAL, INCIDENTAL, INDIRECT, ACT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED FAILURE TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE ACT IN CONNECTION WITH ANY PROVISION HEREWITH (INCLUDING THE PERFORMANCE OR BREACH OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), OR FROM THE SALE, DELIVERY, PROVISION OR USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY ANY SERVICES PROVIDED UNDER OR CONTEMPLATED BY THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID $7,500,000. SUBJECT TO SECTION 7.02 AND EXCEPT FOR THE SOFTWARE FAILURE OF THE RECIPIENT TO PAY FOR SERVICES, THE LIABILITIES OF THE RECIPIENT AND ITS SUBSIDIARIES AND THEIR RESPECTIVE REPRESENTATIVES, COLLECTIVELY, UNDER THIS AGREEMENT FOR ANY ACT OR FAILURE TO ACT IN CONNECTION HEREWITH (INCLUDING THE PERFORMANCE OR BREACH OF THIS AGREEMENT), OR FROM THE RECEIPT OF ANY FEE YOU PAID FOR THE SERVICESERVICES PROVIDED UNDER OR CONTEMPLATED BY THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, SHALL NOT EXCEED $7,500,000.

Limitations on Liability. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 43), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 54), YOUR CONFIDENTIAL INFORMATION (SECTION 8) 7) AND EXPORT (1312), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICE.

Limitations on Liability. Unless otherwise required by applicable law, we are only responsible for performing Services as expressly stated in this Agreement, and will only be liable for material losses incurred by you to the extent such losses directly result from our gross negligence or intentional misconduct. IN NO EVENT WILL EITHER WE OR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIALCONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOSS OF DATA, FILES, PROFIT OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE), INDIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY PUNITIVE DAMAGES, WHETHER IN ACTION UNDER CONTRACT, TORT NEGLIGENCE OR OTHERWISEANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ANY SERVICES, OR THE SOFTWARE INABILITY TO USE THE SERVICES, IRRESPECTIVE OF WHETHER WE HAVE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME HAVE NOT BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF US FOR ALL CLAIMS ARISING OUT OF OR RELATING TO TIME THIS AGREEMENT, REGARDLESS OF THE FORM OR CAUSE OF ACTION, SHALL NOT EXCEED BE THE LICENSE FEE LESSER OF THE AMOUNT YOU PAID FOR THE SOFTWARE OR ANY FEE YOU ORIGINALLY PAID FOR THE SERVICE, PRODUCTS OR MATERIALS OR $15,000. You agree to cooperate with us in any loss recovery efforts we undertake to reduce any loss or liability that arises in connection with the Services. You acknowledge that Service fees have been established in contemplation of: (A) these limitations on our liability, (B) Your agreement to review statements, confirmations, and notices promptly and to notify us immediately of any discrepancies or problems; and (C) Your agreement to assist us in any loss recovery effort. We will not be obligated to honor, in whole or in part, any transaction or instruction or Communication which: ▪ Is not in accordance with any term or condition applicable to the relevant Service or Account; ▪ We have reason to believe may not be authorized by you or any third person whose authorization we believe is necessary or involves funds subject to hold, dispute, restriction or legal process we believe prevents their withdrawal, transfer or availability; ▪ Would result in us exceeding any limitation of our net funds position established pursuant to present or future Federal Reserve guidelines; ▪ Would violate any applicable law, rule or regulation, or any guidance or directive of any federal or state regulatory authority; ▪ Is not in accordance with any other requirement of our applicable policies, procedures or practices; or ▪ We have reasonable cause not to honor for our or your protection.

Limitations on Liability. EXCEPT AS SPECIFICALLY SET FORTH IN THIS SECTION 13, IN NO EVENT WILL SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, INCIDENTALCONSEQUENTIAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL PUNITIVE DAMAGES WHATSOEVER (INCLUDINGARISING FROM ANY CLAIM OR ACTION BASED ON CONTRACT, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL TORT OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, LEGAL THEORY. SNAPPET SHALL NOT BE LIABLE FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR CLIENT'S INABILITY TO USE THE PLATFORM DUE TO (I) SCHEDULED DOWNTIME, WHICH SNAPPET WILL ATTEMPT TO SCHEDULE WHEN DISTRICT SCHOOLS ARE NOT IN SESSION AND ABOUT WHICH SNAPPET WILL GIVE CLIENT 14 DAYS ADVANCE WRITTEN NOTICE; (II) UNAVAILABILITY DUE TO FACTORS OUTSIDE OF SNAPPET’S REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, ACTS OF GOVERNMENT, FLOOD, FIRE, EARTHQUAKES, CIVIL UNREST, ACTS OF TERROR, STRIKES OR OTHER LABOR PROBLEMS (OTHER THAN THOSE INVOLVING SNAPPET’S EMPLOYEES); (III) UNAVAILABILITY THAT RESULTS FROM EQUIPMENT AND/OR SOFTWARE OF THIRD PARTIES WHERE SUCH EQUIPMENT AND/OR DOCUMENTATION PROVIDED HEREIN, SOFTWARE IS NOT WITHIN THE REASONABLE CONTROL OF SNAPPET; (IV) UNAVAILABILITY CAUSED BY ABUSE OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED MISUSE OF THE POSSIBILITY PLATFORM (OR ANY COMPONENT THEREOF) BY CLIENT OR ITS LICENSED USERS; OR (V) UNAVAILABILITY CAUSED BY USE OR MAINTENANCE OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING PLATFORM BY CLIENT IN A MANNER NOT MATERIALLY CONFORMING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF THE GUIDANCE PROVIDED BY SNAPPET OR IN CONNECTION WITH THE SOFTWARE AGREEMENT. SNAPPET’S AGGREGATE LIABILITY TO THE CLIENT UNDER ANY THEORY OR DOCUMENTATION FURNISHED HEREUNDER AND FOR ANY SERVICE SUPPLIED FROM TIME TO TIME REASON SHALL NOT EXCEED THE LICENSE FEE YOU FEES PAID BY THE CLIENT FOR THE SOFTWARE OR ANY FEE YOU PAID PLATFORM GIVING RISE TO SUCH CLAIM FOR THE SERVICECALENDAR YEAR IN WHICH SUCH CLAIM AROSE.

Limitations on Liability. EXCEPT FOR DAMAGES OR LOSSES ARISING FROM INFRINGEMENT OR MISAPPROPRIATION OF A PARTY’S INTELLECTUAL PROPERTY, IN NO EVENT WILL SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER EXEMPLARY DAMAGES, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (INCLUDING ACTIVE, PASSIVE OR IMPUTED NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITSUSE, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF REVENUE, LOSS OF OPPORTUNITIESPROFITS, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND FINANCIAL LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF SUCH PARTY IS ADVISED OF THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME POSSIBILITY OF SUCH DAMAGES. F5'S TOTAL AGGREGATE LIABILITY TO TIME CUSTOMER UNDER THIS AGREEMENT SHALL NOT EXCEED THE LICENSE FEE YOU TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE SOFTWARE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. THE FOREGOING LIMITATIONS DO NOT APPLY TO ANY LIABILITY FOR DEATH OR PERSONAL INJURY OR TO ANY FEE YOU PAID FOR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED BY THE SERVICEGOVERNING LAW OF THIS AGREEMENT AS SET OUT IN SECTION 13.

Limitations on Liability. IN NO EVENT WILL EITHER NEITHER PARTY SHALL BE LIABLE TO THE OTHER, FOR ANY SPECIAL, INCIDENTALEXEMPLARY, INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR RESULTING FROM LOSS OF PROFITSUSE OF DATA OR THE SERVICES, LOST BUSINESS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION LOST REVENUES, FAILURE TO REALIZE ANTICIPATED SAVINGS, OR LOST PROFITS, AND ANY OTHER DAMAGES FOR ECONOMIC LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF OR INSTALLATION, IMPLEMENTATION, CUSTOMIZATION, USE, INABILITY TO USE THE SOFTWARE USE, OPERATION OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED SUPPORT OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SERVICES. EACH PARTY’S MAXIMUM AGGREGATE LIABILITY TO THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT OTHER OR TO ANY OTHER PERSON FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ANY LOSS ARISING OUT OF OR IN CONNECTION WITH RELATED TO THIS AGREEMENT OR THE SOFTWARE INSTALLATION, IMPLEMENTATION, CUSTOMIZATION, USE, INABILITY TO USE, OPERATION OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SUPPORT OF THE SERVICES SHALL NOT EXCEED THE LICENSE FEE YOU TOTAL FEES PAID FOR AND/OR PAYABLE BY KHS TO CONTRACTOR IN THE SOFTWARE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO, AFFECT, OR LIMIT CONTRACTOR’S DUTY TO INDEMNIFY KHS IN ACCORDANCE WITH THIS AGREEMENT AND/OR (II) ANY FEE YOU PAID FOR THE SERVICETHIRD PARTY CLAIMS.

Limitations on Liability. NOTWITHSTANDING ANY OTHER PROVISION IN NO EVENT WILL EITHER THIS AGREEMENT, ATLAS (AND ITS REPRESENTATIVES’, AFFILIATES’ AND LICENSORS’) MAXIMUM AGGREGATE LIABILITY TO USER (OR TO ANY PERSON CLAIMING ANY RIGHT, TITLE OR INTEREST DERIVED FROM OR THROUGH USER) FOR ANY CAUSE WHATSOEVER (EXCEPT FOR WILLFUL MISCONDUCT AGAINST NATURAL PERSONS OR PROPERTY OR GROSS NEGLIGENCE OF ATLAS), REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LAW OR EQUITY), SHALL BE LIMITED TO THE LESSER OF : (A) FEES, IF ANY, RECEIVED BY ATLAS FROM USER WITHIN SIX (6) MONTHS PRIOR TO THE TERMINATION OF THIS AGREEMENT OR (B) $1000. IN ADDITION, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTALINCIDENTAL OR CONSEQUENTIAL DAMAGES, INDIRECTWHETHER BASED IN CONTRACT, TORT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ANY OTHER THEORY OF LAW OR EQUITY (INCLUDING, BUT WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) AND WHETHER OR NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF DAMAGES. THE REMEDY FAILS FOREGOING LIMITATION OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES LIABILITY REPRESENTS THE ALLOCATION OF SECTIONS PERTAINING TO GRANT RISK OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER FAILURE BETWEEN THE PARTIES AS REFLECTED IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED PRICING HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED IS AN ESSENTIAL ELEMENT OF THE LICENSE FEE YOU PAID FOR BARGAIN BETWEEN THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICEPARTIES.

Limitations on Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF XXXXXX UNDER THESE TERMS AND CONDITIONS (WHETHER BY REASON OF BREACH OF CONTRACT, TORT, INDEMNIFICATION, OR OTHERWISE, BUT EXCLUDING LIABILITY OF XXXXXX FOR BREACH OF WARRANTY (THE SOLE REMEDY FOR WHICH SHALL BE AS PROVIDED UNDER SECTION 8 ABOVE)) SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LESSER OF (A) THE TOTAL PURCHASE PRICE THERETOFORE PAID BY THE OEM TO XXXXXX WITH RESPECT TO THE PRODUCT(S) GIVING RISE TO SUCH LIABILITY OR (B) ONE MILLION DOLLARS ($1,000,000). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT WILL EITHER PARTY SHALL XXXXXX BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR CONSEQUENTIAL INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITSUSE OF FACILITIES OR EQUIPMENT, LOSS OF REVENUE, LOSS OF OPPORTUNITIESDATA, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION PROFITS OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION GOODWILL), REGARDLESS OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY WHETHER XXXXXX (a) HAS BEEN ADVISED INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSEOR (b) IS NEGLIGENT. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2)Because of the hazardous nature of vacuum processing and Xxxxxx' inability to control the scope or manner of data entry into its Systems, USE OF SOFTWARE AND DOCUMENTATION (SECTION 4)neither Xxxxxx nor its Licensors shall be held liable for any damages, COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5)costs, YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13)loss, YOUR LIABILITY or personal injury due to the implosion, WHETHER IN CONTRACTexplosion, TORT OR OTHERWISEburning, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICEdamage or other failure of any non-Xxxxxx products connected to the Systems. OEM shall be responsible for providing hardware interlocks which prevent unsafe control actions by the Systems.

Limitations on Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR NONCONFORMING PRODUCTS IS THE REPLACEMENT OF THE PRODUCTS OR THE REFUND OF THE PURCHASE PRICE PAID, WHICHEVER OPTION WESTROCK SELECTS. WESTROCK’S LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RESULTING FROM OR IN ANY WAY CONNECTED TO THE ORDER SHALL NOT EXCEED CUSTOMER’S PURCHASE PRICE FOR THE PARTICULAR PRODUCTS OR SERVICES UPON WHICH SUCH LIABILITY IS BASED, REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN CONTRACT, BREACH OF WARRANTY, TORT, STRICT LIABILITY OR UNDER ANY OTHER LEGAL THEORY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECTCONSEQUENTIAL, EXEMPLARY, MULTIPLE OR CONSEQUENTIAL OTHER INDIRECT DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES OR FOR LOSS OF PROFITS, LOSS OF REVENUEDATA OR LOSE OF USE DAMAGES, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN THIS ORDER, HOWEVER CAUSED AND ON ANY WAY RELATED TO THE USE THEORY OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF LIABILITY. THIS AGREEMENT, LIMITATION APPLIES EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICEDAMAGES.

Limitations on Liability. If you are dissatisfied with this Service, any content on this Service, or with this Agreement, your sole and exclusive remedy is to discontinue accessing and using this Service and its content. IN NO EVENT WILL EITHER PARTY LICENSOR OR ITS AFFILIATES, OR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, LOSSES OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE YOUR USE OF OR DOCUMENTATION FURNISHED HEREUNDER AND ANY INABILITY TO USE THIS SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR CONTENT ON THIS SERVICE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE SERVICECLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF LICENSOR OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES. Without limiting the generality of the foregoing, Licensor assumes no responsibility and will not be liable for the accuracy, completeness, timeliness, reliability, relevance or usefulness of any of the materials contained on this Service. Licensor also assumes no responsibility and will not be liable for any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in this Service or downloading of any materials from this Service. APPLICABLE LAW MAY NOT ALLOW ALL OF THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO ALL OR PART OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Limitations on Liability. IN NO EVENT WILL EITHER PARTY WITH RESPECT TO THE SOFTWARE PROVIDED UNDER THIS AGREEMENT, WSI AND ITS SUPPLIERS/LICENSORS SHALL NOT BE LIABLE TO YOU, UNDER ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY), CONTRACT, OR OTHERWISE, FOR ANY SPECIALINDIRECT, INCIDENTAL, INDIRECTCONSEQUENTIAL, EXEMPLARY OR CONSEQUENTIAL SPECIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, DAMAGES FOR LOSS OF LOST PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ) ARISING OUT OF OR IN ANY WAY RELATED TO THE YOUR USE OF THE SOFTWARE, OR THE RESULTS FROM YOUR USE OF THE SOFTWARE, OR YOUR INABILITY TO USE THE SOFTWARE, OF THE USE OF THE SOFTWARE OR DOCUMENTATION PROVIDED HEREINBY ANY END USER, USER, DISTRIBUTOR, OR OTHERWISE ANY THIRD PARTY, OR IN CONNECTION WITH ANY PROVISION OTHER WAY ARISING OUT OF THIS AGREEMENTAGREEMENT AND/OR ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, EVEN IF THE PARTY HAS WSI HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS DAMAGES, INCLUDING ANY LOSS OF ITS ESSENTIAL PURPOSEPROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR COST OF COVER. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2)WSI’S SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT. The limitations agreed to in this Section shall apply to all causes of action by you against WSI and/or any of WSI’s affiliated parties. Both parties understand and agree that the remedies and limitations herein allocate the risks of product and service nonconformity between the parties as authorized by the Uniform Commercial Code and of other applicable laws, USE OF SOFTWARE AND DOCUMENTATION (SECTION 4)and that such allocation of risks is a fundamental benefit of the bargain of each party. Some States do not permit disclaimers of certain warranties or limitations on certain types of liability under certain circumstances; consequently some of the foregoing disclaimers and limitations may not be applicable to you, COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICEin whole or in part.

Limitations on Liability. EXCEPT TO THE EXTENT THAT ANY PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES ARE AWARDED IN CONNECTION WITH A THIRD PARTY CLAIM AGAINST AN INDEMNIFIED PARTY AND SUCH INDEMNIFIED PARTY IS ENTITLED TO BE INDEMNIFIED HEREUNDER AS A RESULT OF THE FACTS OR CIRCUMSTANCES GIVING RISE TO SUCH THIRD PARTY CLAIM, IN NO EVENT WILL EITHER PARTY SHALL ANY PARTY, ITS AFFILIATES OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO ANOTHER PARTY FOR ANY SPECIALPUNITIVE, INCIDENTAL, INDIRECTCONSEQUENTIAL, SPECIAL OR CONSEQUENTIAL INDIRECT DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION THE PERFORMANCE OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES, AND EVEN IF THE REMEDY FAILS EACH PARTY HEREBY WAIVES ON BEHALF OF ITSELF AND ITS ESSENTIAL PURPOSE. EXCEPT AFFILIATES ANY CLAIM FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2)SUCH DAMAGES, USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY INCLUDING ANY CLAIM FOR PROPERTY DAMAGE OR LOST PROFITS, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE. IN NO EVENT WILL PARENT’S LIABILITY TO THE BUYER INDEMNIFIED PARTIES FOR DAMAGES OF ANY KIND WHATSOEVER UNDER THIS AGREEMENT EXCEED, IN THE AGGREGATE, THE AGGREGATE AMOUNT OF CHARGES PAID BY BUYER HEREUNDER FOR ALL SERVICES, AND WITH RESPECT TO ANY ONE SERVICE, PARENT’S LIABILITY TO THE BUYER INDEMNIFIED PARTIES FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF FROM OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY RELATING TO SUCH SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU AGGREGATE AMOUNT OF CHARGES PAID BY BUYER HEREUNDER FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SUCH SERVICE.

Limitations on Liability. IN NO EVENT WILL EITHER NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT OR OTHERWISE, FOR ANY SPECIALINDIRECT, INCIDENTAL, INDIRECTPUNITIVE, CONSEQUENTIAL, OR CONSEQUENTIAL SPECIAL DAMAGES WHATSOEVER (INCLUDINGINCLUDING ANY DAMAGE TO BUSINESS REPUTATION, BUT LOST PROFITS OR LOST DATA), WHETHER FORESEEABLE OR NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE WHETHER A PARTY HAS BEEN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES. EACH PARTY’S AGGREGATE CUMULATIVE LIABILITY TO THE OTHER, IN CONNECTION WITH THIS AGREEMENT, INCLUDING THE SOLUTION, SERVICES AND EVEN IF INTELLECTUAL PROPERTY PROVIDED HEREUNDER SHALL NOT EXCEED, IN THE REMEDY FAILS AGGREGATE AND REGARDLESS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES WHETHER UNDER THEORY OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, THE TOTAL OF THE FEES ACTUALLY PAID AND THE FEES PAYABLE TO SERVICE PROVIDER BY CUSTOMER UNDER THIS AGREEMENT DURING THE ONE YEAR PERIOD PRIOR TO THE DATE THAT SUCH LIABILITY FIRST ARISES. HOWEVER, THERE IS NO LIMITATION ON DIRECT LOSS, CLAIM OR DAMAGES ARISING OUT AS A RESULT OF AN INFRINGEMENT OF EITHER PARTY’S INTELLECTUAL PROPERTY RIGHTS OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICEA PARTY’S INDEMNIFICATION OBLIGATIONS.

Limitations on Liability. (i) THE EXPRESS REMEDIES AND MEASURES OF DAMAGES PROVIDED IN THIS AGREEMENT SATISFY THE ESSENTIAL PURPOSES HEREOF. FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES WILL BE THE SOLE AND EXCLUSIVE REMEDY, THE OBLIGOR'S LIABILITY WILL 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, THE OBLIGOR'S LIABILITY WILL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES WILL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. WITHOUT PREJUDICE TO THE CALCULATION OF THE AMOUNT OF ANY TERMINATION PAYMENT OR FAIR MARKET VALUE, NEITHER PARTY WILL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, INDIRECT OR OTHER SIMILAR DAMAGES, LOST PROFITS, LOST SAVINGS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR UNDER CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE; PROVIDED, HOWEVER, THAT NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE FOREGOING LIMITATIONS OF LIABILITY BE APPLIED TO LIMIT THE EXTENT OF THE LIABILITY OF EITHER PARTY TO THE OTHER FOR FRAUD, INTENTIONAL MISCONDUCT OR FOR OR WITH RESPECT TO ANY THIRD PARTY INDEMNITY CLAIMS. THE LIMITATIONS IMPOSED HEREIN ON REMEDIES AND THE MEASURE OF DAMAGES ARE WITHOUT REGARD TO THE APPLICABLE CAUSE OR CAUSES, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE LIABLE FOR ANY SPECIALSOLE, INCIDENTAL, INDIRECTJOINT OR CONCURRENT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION ACTIVE OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICEPASSIVE.

Limitations on Liability. IN NO EVENT WILL EITHER PARTY BE LIABLE (a) SUBJECT TO SECTION 6.02, THE LIABILITIES OF PROVIDER AND ITS SUBSIDIARIES AND THEIR RESPECTIVE REPRESENTATIVES, COLLECTIVELY, UNDER THIS AGREEMENT FOR ANY SPECIAL, INCIDENTAL, INDIRECT, ACT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED FAILURE TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE ACT IN CONNECTION WITH ANY PROVISION HEREWITH (INCLUDING THE PERFORMANCE OR BREACH OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), OR FROM THE SALE, DELIVERY, PROVISION OR USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY ANY SERVICES PROVIDED UNDER OR CONTEMPLATED BY THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LICENSE FEE YOU PAID REASONABLE COSTS INCURRED BY RECIPIENT IN RETAINING A THIRD PARTY TO PERFORM THE SERVICE IN ACCORDANCE WITH THE SAME SCOPE AND QUALITY EXPECTED OF PROVIDER AS SET FORTH HEREIN; PROVIDED THAT, NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITIES OF PROVIDER AND ITS SUBSIDIARIES AND THEIR RESPECTIVE REPRESENTATIVES, COLLECTIVELY, UNDER THIS AGREEMENT FOR ANY ACT OR FAILURE TO ACT IN CONNECTION HEREWITH (INCLUDING THE SOFTWARE PERFORMANCE OR BREACH OF THIS AGREEMENT), OR FROM THE SALE, DELIVERY, PROVISION OR USE OF ANY FEE YOU PAID FOR THE SERVICESERVICES PROVIDED UNDER OR CONTEMPLATED BY THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, SHALL NOT EXCEED $1,000,000.

Limitations on Liability. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN NO EVENT WILL EITHER PARTY TORT, CONTRACT OR OTHERWISE, SHALL LICENSEE BE LIABLE TO DEVELOPER OR ANY AFFILIATE OF DEVELOPER OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, CHARACTER EVEN IF THE PARTY HAS LICENSEE SHALL HAVE BEEN ADVISED INFORMED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES; OR (II) ANY AMOUNT IN EXCESS OF THE TOTAL AMOUNT PAID BY LICENSEE TO DEVELOPER UNDER THIS AGREEMENT TWELVE (12) MONTHS PRIOR TO THE DATE ON WHICH A CLAIM GIVING RISE TO LIABILITY IS MADE, EXCEPT WITH RESPECT TO DEVELOPER’S INDEMNIFICATION OBLIGATION WITH RESPECT TO THIRD PARTY INTELLECTUAL PROPERTY CLAIMS UNDER SECTION 6.2.2, WHICH CLAIMS SHALL NOT BE SUBJECT TO ANY CAP ON LIABILITY. EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICETHIS AGREEMENT.

Limitations on Liability. IN NO EVENT WILL (i) EITHER PARTY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECTRELIANCE OR OTHER SIMILAR DAMAGES ARISING OUT OF, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF WITH, THIS AGREEMENT, THE SYSTEM, THE SITE OR ANY SERVICES HEREUNDER; OR (ii) EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR DAMAGES FOR BREACH OF THIS AGREEMENT IN EXCESS OF THE AMOUNTS PAID OR PAYABLE BY INSURER TO AFS UNDER THIS AGREEMENT DURING THE FIFTEEN (15) MONTHS PRIOR TO THE OCCURRENCE OF THE EVENTS GIVING RISE TO SUCH DAMAGES, EVEN IF THE SUCH PARTY HAS SHALL HAVE BEEN ADVISED INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING WAIVERS AND LIMITATIONS OF DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED APPLY TO (i) THE LICENSE FEE YOU LIMITED EXTENT THAT APPLICABLE LAW PROHIBITS ANY SUCH LIMITATION, (ii) DAMAGES CAUSED BY WILLFUL MISCONDUCT, (iii) DAMAGES OR LIABILITY RELATING TO A PARTY’S INDEMNITY OBLIGATIONS HEREUNDER, OR ARISING FROM A BREACH OF A PARTIES CONFIDENTIALITY OBLIGATIONS UNDER SECTION 7. THE PARTIES ACKNOWLEDGE THAT THE WAIVERS AND LIMITATIONS OF THIS SECTION 6 CONSTITUTE AN ALLOCATION OF RISK THAT IS REFLECTED IN THE PRICE PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR PRODUCTS AND SERVICES PROVIDED. THE SERVICEWAIVERS AND LIMITATIONS OF LIABILITY PROVIDED IN THIS SECTION 6 ARE A FUNDAMENTAL BASIS OF THE BARGAIN. Nothing in this Agreement is intended to create rights in or for the benefit of any Authorized User or other third party, the indemnifications of each party herein being intended to benefit only the other party hereto, and such other party’s respective successors and permitted assigns.

Limitations on Liability. THE BONDS, TOGETHER WITH INTEREST THEREON, AND REDEMPTION PREMIUM, IF ANY, ARE NOT GENERAL OBLIGATIONS OF THE ISSUER, BUT ARE SPECIAL, LIMITED OBLIGATIONS OF THE ISSUER SECURED BY THE TRUST ESTATE, ARE AND WILL ALWAYS BE PAYABLE SOLELY FROM THE REVENUES AND INCOME DERIVED FROM THE TRUST ESTATE (EXCEPT TO THE EXTENT PAID OUT OF MONEYS ATTRIBUTABLE TO PROCEEDS OF THE BONDS OR THE INCOME FROM THE TEMPORARY INVESTMENT THEREOF), AND ARE AND WILL ALWAYS BE A VALID CLAIM OF THE OWNER THEREOF ONLY AGAINST THE REVENUES AND INCOME DERIVED FROM THE TRUST ESTATE, WHICH REVENUES AND INCOME MAY BE USED FOR NO OTHER PURPOSE THAN TO PAY THE PRINCIPAL INSTALLMENTS OF, REDEMPTION PREMIUM, IF ANY, AND INTEREST ON THE BONDS, EXCEPT AS MAY BE EXPRESSLY AUTHORIZED OTHERWISE IN NO EVENT THIS INDENTURE AND IN THE LOAN AGREEMENT. THE BONDS AND THE OBLIGATION TO PAY INTEREST THEREON AND REDEMPTION PREMIUM, IF ANY, DO NOT NOW AND WILL EITHER PARTY NEVER CONSTITUTE A DEBT OR AN OBLIGATION OF THE STATE OF TEXAS OR ANY POLITICAL SUBDIVISION THEREOF AND NEITHER THE STATE NOR ANY POLITICAL SUBDIVISION THEREOF WILL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, THEREFOR. THE BONDS ARE NOT AND DO NOT CREATE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR CONSTITUTE IN ANY WAY RELATED TO AN OBLIGATION, A DEBT OR A LIABILITY OF THE USE STATE OF TEXAS OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREINANY POLITICAL SUBDIVISION THEREOF, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENTCREATE OR CONSTITUTE A PLEDGE, EVEN IF THE PARTY HAS BEEN ADVISED GIVING OR LENDING OF THE POSSIBILITY FAITH, CREDIT, OR TAXING POWER OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE STATE OR ANY FEE YOU PAID FOR POLITICAL SUBDIVISION THEREOF. THE SERVICEISSUER HAS NO TAXING POWER. THE BONDS ARE NOT A DEBT OF THE UNITED STATES OF AMERICA, THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OR ANY OTHER FEDERAL GOVERNMENTAL AGENCY AND ARE NOT GUARANTEED BY THE FULL FAITH AND CREDIT OF THE UNITED STATES. The foregoing statement of limitation shall appear on the face of each Bond.

Limitations on Liability. IN NO EVENT WILL EITHER NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT OR OTHERWISE, FOR ANY SPECIALINDIRECT, INCIDENTAL, INDIRECTPUNITIVE, CONSEQUENTIAL, OR CONSEQUENTIAL SPECIAL DAMAGES WHATSOEVER (INCLUDINGINCLUDING ANY DAMAGE TO BUSINESS REPUTATION, BUT LOST PROFITS OR LOST DATA), WHETHER FORESEEABLE OR NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE WHETHER A PARTY HAS BEEN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES. EACH PARTY’S AGGREGATE CUMULATIVE LIABILITY TO THE OTHER, IN CONNECTION WITH THIS AGREEMENT, INCLUDING THE HOSTED SERVICE, SERVICES AND EVEN IF INTELLECTUAL PROPERTY PROVIDED HEREUNDER SHALL NOT EXCEED, IN THE REMEDY FAILS AGGREGATE AND REGARDLESS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES WHETHER UNDER THEORY OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, THE TOTAL OF THE FEES ACTUALLY PAID AND THE FEES PAYABLE TO SERVICE PROVIDER BY CUSTOMER UNDER THIS AGREEMENT DURING THE ONE YEAR PERIOD PRIOR TO THE DATE THAT SUCH LIABILITY FIRST ARISES. HOWEVER, THERE IS NO LIMITATION ON DIRECT LOSS, CLAIM OR DAMAGES ARISING OUT AS A RESULT OF AN INFRINGEMENT OF EITHER PARTY’S INTELLECTUAL PROPERTY RIGHTS OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICEA PARTY’S INDEMNIFICATION OBLIGATIONS.

Limitations on Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF XXXXXX UNDER THIS AGREEMENT (WHETHER BY REASON OF BREACH OF CONTRACT, TORT, INDEMNIFICATION, OR OTHERWISE, BUT EXCLUDING LIABILITY OF XXXXXX FOR BREACH OF WARRANTY (THE SOLE REMEDY FOR WHICH SHALL BE AS PROVIDED UNDER SECTION 8 ABOVE)) SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LESSER OF (A) THE TOTAL PURCHASE PRICE THERETOFORE PAID BY THE CUSTOMER TO XXXXXX WITH RESPECT TO THE PRODUCT(S) GIVING RISE TO SUCH LIABILITY OR (B) ONE MILLION DOLLARS ($1,000,000). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT WILL EITHER PARTY SHALL XXXXXX BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR CONSEQUENTIAL INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITSUSE OF FACILITIES OR EQUIPMENT, LOSS OF REVENUE, LOSS OF OPPORTUNITIESDATA, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION PROFITS OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION GOODWILL), REGARDLESS OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY WHETHER XXXXXX (a) HAS BEEN ADVISED INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICE.OR

Limitations on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL EITHER PARTY THE RELEASEES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION THE FITNESS SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, INDIRECTCONSEQUENTIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDINGPUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITSPERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF OPPORTUNITIESPROFITS, LOSS OF REPUTATION/BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL THE RELEASEES BE LIABLE FOR BUSINESS INTERRUPTIONANY CLAIMS OF INJURY, DEMANDS, LIABILITIES, DAMAGES, LOSSES, SUITS, DEMANDS, CAUSES OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHER CLAIMS OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY LOSSES FOR PROPERTY DAMAGE, PERSONAL INJURY, FOR LOSS OR DEATH, IN EXCESS OF PRIVACY ARISING OUT THE AMOUNTS YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO ANY OF THE FOREGOING, WHETHER ONE TIME OR IN ANY WAY RELATED THE AGGREGATE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE USE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF OR INABILITY TO USE EXECUTING THE SOFTWARE OR DOCUMENTATION PROVIDED HEREINRELEASE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENTWHICH, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE SOFTWARE DEBTOR.” The limitations of liability set out above do not apply to liability resulting from our gross negligence or willful misconduct. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICELIMITED UNDER APPLICABLE LAW.

Limitations on Liability. IN NO EVENT WILL SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY SPECIALINDIRECT, INCIDENTAL, INDIRECTSPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF FROM THIS AGREEMENT, EVEN IF WHETHER THE BASIS OF THE LIABILITY IS BREACH OF CONTRACT, TORT, STATUTES, OR ANY OTHER LEGAL THEORY, EXCEPT AS PROVIDED IN SECTION 2.2(b) or 2.2(a)(ii) or 2.2(a)(iii) AND EXCEPT TO THE EXTENT NECESSARY TO SATISFY A THIRD PARTY CLAIM UNDER SECTION 7 OF THIS AGREEMENT OR TO THE EXTENT SUCH LIABILITY ARISES FROM A PARTY’S WILLFUL MISCONDUCT, FRAUD OR GROSSLY NEGLIGENT ACTS OR OMISSIONS OR A PARTY’S BREACH OF THE CONFIDENTIALITY AND NON-USE OBLIGATIONS SET FORTH HEREIN, AND WHETHER SUCH FIRST PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSEOR NOT. EXCEPT FOR BREACHES OF SECTIONS PERTAINING UNDER NO CIRCUMSTANCES SHALL HSL’S TOTAL LIABILITY TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR LMI IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SUBJECT MATTER OF THIS AGREEMENT EXCEED **** DOLLARS ($****), PROVIDED THAT THE LIMITATIONS DESCRIBED IN THIS SECTION SHALL NOT EXCEED APPLY IN THE LICENSE FEE YOU PAID FOR EVENT SUCH LIABILITY ARISES FROM HSL’S WILLFUL MISCONDUCT, FRAUD OR GROSSLY NEGLIGENT ACTS OR OMISSIONS OR HSL’S BREACH OF THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICECONFIDENTIALITY AND NON-USE OBLIGATIONS SET FORTH HEREIN.

Limitations on Liability. CREE’S AGGREGATE LIABILITY TO C&C IN DAMAGES OR OTHERWISE ARISING OUT OF THIS AGREEMENT OR ANY SALES AGREEMENT WITH RESPECT TO THE SALE OF ANY PARTICULAR PRODUCTS WILL IN NO EVENT EXCEED THE AMOUNT, IF ANY, RECEIVED BY CREE FOR THE PRODUCT(S) THAT ARE THE CAUSE OF SUCH DAMAGES. IF ANY REMEDY IS FOUND TO FAIL OF ITS ESSENTIAL PURPOSE OR IF CREE’S PRODUCTS ARE NOT THE CAUSE OF THE DAMAGES, CREE’S AGGREGATE LIABILITY IN DAMAGES OR OTHERWISE TO C&C WILL IN NO EVENT EXCEED $[****] USD. C&C’S AGGREGATE LIABILITY TO CREE ARISING OUT OF THIS AGREEMENT OR ANY SALES AGREEMENT WITH RESPECT TO THE PURCHASE OF ANY PARTICULAR PRODUCTS WILL IN NO EVENT EXCEED THE PURCHASE PRICE FOR SUCH PRODUCTS, PLUS OTHER AMOUNTS EXPRESSLY PROVIDED IN THIS AGREEMENT FOR TAXES, TRANSPORTATION COSTS, INTEREST, AND COLLECTION COSTS. IN NO EVENT SHALL EITHER PARTY BE LIABLE HAVE LIABILITY IN CONNECTION WITH THIS AGREEMENT OR ANY SALES AGREEMENT FOR ANY SPECIAL, INCIDENTALCONSEQUENTIAL, INDIRECT, OR CONSEQUENTIAL INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF WHICH MAY INCLUDE LOST PROFITS, LOSS OF PRODUCTION, OR REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ANY SALES AGREEMENT OR THE SOFTWARE MANUFACTURE, USE OR DOCUMENTATION FURNISHED PERFORMANCE OF THE PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDED THAT THE FOREGOING SHALL IN NO WAY LIMIT C&C’S OBLIGATION TO PAY FOR PRODUCTS PURCHASED HEREUNDER AND IN ACCORDANCE WITH THE TERMS HEREOF. THE LIMITATIONS IN THIS PARAGRAPH 18 APPLY REGARDLESS OF WHETHER SUCH CLAIM IS BASED ON TORT, CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY SERVICE SUPPLIED FROM TIME OTHER THEORY, PROVIDED THAT, NOTWITHSTANDING ANYTHING TO TIME THE CONTRARY, THE LIMITATIONS IN THIS PARAGRAPH 18 SHALL NOT EXCEED IN ANY EVENT APPLY TO A PARTY’S OBLIGATION PURSUANT TO THE LICENSE FEE YOU PAID PROVISIONS IN PARAGRAPH 11 TO DEFEND THE OTHER PARTY AGAINST OR TO INDEMNIFY OR HOLD HARMLESS THE OTHER PARTY FOR THE SOFTWARE AMOUNTS CLAIMED BY, OWED TO, OR RECOVERED BY A THIRD PARTY OR ANY FEE YOU PAID FOR THE SERVICEBREACH OF PARAGRAPH 13, 15(c) or 17(a).

Limitations on Liability. NOTWITHSTANDING ANY OTHER PROVISION IN NO EVENT WILL EITHER THIS AGREEMENT, ACE (AND ITS REPRESENTATIVES’, AFFILIATES’ AND LICENSORS’) MAXIMUM AGGREGATE LIABILITY TO USER (OR TO ANY PERSON CLAIMING ANY RIGHT, TITLE OR INTEREST DERIVED FROM OR THROUGH USER) FOR ANY CAUSE WHATSOEVER (EXCEPT FOR WILLFUL MISCONDUCT AGAINST NATURAL PERSONS OR PROPERTY OR GROSS NEGLIGENCE OF ACE), REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LAW OR EQUITY), SHALL BE LIMITED TO THE LESSER OF : (A) FEES, IF ANY, RECEIVED BY ACE FROM USER WITHIN SIX (6) MONTHS PRIOR TO THE TERMINATION OF THIS AGREEMENT OR (B) $1000. IN ADDITION, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTALINCIDENTAL OR CONSEQUENTIAL DAMAGES, INDIRECTWHETHER BASED IN CONTRACT, TORT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ANY OTHER THEORY OF LAW OR EQUITY (INCLUDING, BUT WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) AND WHETHER OR NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF DAMAGES. THE REMEDY FAILS FOREGOING LIMITATION OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES LIABILITY REPRESENTS THE ALLOCATION OF SECTIONS PERTAINING TO GRANT RISK OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER FAILURE BETWEEN THE PARTIES AS REFLECTED IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED PRICING HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED IS AN ESSENTIAL ELEMENT OF THE LICENSE FEE YOU PAID FOR BARGAIN BETWEEN THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICEPARTIES.

Limitations on Liability. TO THE EXTENT PERMITTED BY LAW AND EXCEPT WITH RESPECT TO FAILURE TO PAY AMOUNTS PROPERLY OWED OR VIOLATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, (A) IN NO EVENT WILL SHALL EITHER PARTY (AND/OR ITS LICENSORS) BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT OR OTHERWISE, FOR ANY SPECIALINDIRECT, INCIDENTAL, INDIRECTPUNITIVE, CONSEQUENTIAL, OR CONSEQUENTIAL SPECIAL DAMAGES WHATSOEVER (INCLUDINGINCLUDING ANY DAMAGE TO BUSINESS REPUTATION, BUT LOST PROFITS OR LOST DATA), WHETHER FORESEEABLE OR NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE WHETHER SUCH PARTY HAS BEEN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF (B) EITHER PARTY’S (AND/OR ITS LICENSORS) AGGREGATE CUMULATIVE LIABILITY TO THE REMEDY FAILS OTHER PARTY, IN CONNECTION WITH THIS AGREEMENT, INCLUDING THE SOFTWARE, SERVICES AND INTELLECTUAL PROPERTY PROVIDED HEREUNDER SHALL NOT EXCEED, IN THE AGGREGATE AND REGARDLESS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES WHETHER UNDER THEORY OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT THE TOTAL OF THE FEES ACTUALLY PAID AND THE FEES PAYABLE TO PLANETTOGETHER BY CLIENT UNDER THIS AGREEMENT DURING THE ONE (1) YEAR PERIOD PRIOR TO THE DATE THAT SUCH LIABILITY FIRST ARISES. THESE LIMITS APPLY REGARDLESS OF THE FORM OF CLAIM (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THIS SECTION 9 IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. IN CONNECTION WITH SUCH EVENT, LIABILITY WILL BE LIMITED TO THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICEGREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitations on Liability. IN NO EVENT WILL EITHER NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT OR OTHERWISE, FOR ANY SPECIALINDIRECT, INCIDENTAL, INDIRECTPUNITIVE, CONSEQUENTIAL, OR CONSEQUENTIAL SPECIAL DAMAGES WHATSOEVER (INCLUDINGINCLUDING ANY DAMAGE TO BUSINESS REPUTATION, BUT LOST PROFITS OR LOST DATA), WHETHER FORESEEABLE OR NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE WHETHER A PARTY HAS BEEN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES. EACH PARTY’S AGGREGATE CUMULATIVE LIABILITY TO THE OTHER, IN CONNECTION WITH THIS AGREEMENT, INCLUDING THE SOLUTION, SERVICES AND EVEN IF INTELLECTUAL PROPERTY PROVIDED HEREUNDER SHALL NOT EXCEED, IN THE REMEDY FAILS AGGREGATE AND REGARDLESS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES WHETHER UNDER THEORY OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, THE TOTAL OF THE FEES ACTUALLY PAID AND THE FEES PAYABLE TO SERVICE PROVIDER BY CUSTOMER UNDER THIS AGREEMENTDURING THE ONE YEAR PERIOD PRIOR TO THE DATE THAT SUCH LIABILITY FIRST ARISES. HOWEVER, THERE IS NO LIMITATION ON DIRECT LOSS, CLAIM OR DAMAGES ARISING OUT AS A RESULT OF AN INFRINGEMENT OF EITHER PARTY’S INTELLECTUAL PROPERTY RIGHTS OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICEA PARTY’S INDEMNIFICATION OBLIGATIONS.

Limitations on Liability. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER AGREES THAT THE ENTIRE LIABILITY OF CITYVIEW AND CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO THE HOSTING SERVICES, THE SOFTWARE, AND ANY OTHER PRODUCTS, MATERIALS OR SERVICES SUPPLIED BY CITYVIEW IN CONNECTION WITH THIS AGREEMENT FOR DAMAGES FOR ANY CAUSE AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING FUNDAMENTAL BREACH OR NEGLIGENCE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES AND SHALL NOT EXCEED IN THE AGGREGATE THE ANNUAL HOSTING FEES PAID BY CUSTOMER TO CITYVIEW UNDER THIS AGREEMENT. PURCHASER FURTHER AGREES THAT IN NO EVENT WILL EITHER PARTY SHALL CITYVIEW BE LIABLE LIABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING FUNDAMENTAL BREACH OR NEGLIGENCE, FOR ANY SPECIALINDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, INDIRECTSPECIAL, OR CONSEQUENTIAL EXEMPLARY DAMAGES WHATSOEVER (INCLUDINGWHATSOEVER, BUT NOT LIMITED TO, DAMAGES INCLUDING WITHOUT LIMITATION FOR LOSS OF LOST PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIESFAILURE TO REALIZE ANTICIPATED SAVINGS, LOST OR DAMAGED DATA, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OPPORTUNITIES OR LOSS OF CONFIDENTIAL REPUTATION, OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATAECONOMIC LOSS, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGES, OR SUCH LOSSES OR DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICEARE FORESEEABLE.

Limitations on Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF XXXXXX UNDER THIS AGREEMENT (WHETHER BY REASON OF BREACH OF CONTRACT, TORT, INDEMNIFICATION, OR OTHERWISE, BUT EXCLUDING LIABILITY OF XXXXXX FOR BREACH OF WARRANTY (THE SOLE REMEDY FOR WHICH SHALL BE AS PROVIDED UNDER SECTION 8 ABOVE)) SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LESSER OF (A) THE TOTAL PURCHASE PRICE THERETOFORE PAID BY THE CUSTOMER TO XXXXXX WITH RESPECT TO THE PRODUCT(S) GIVING RISE TO SUCH LIABILITY OR (B) ONE MILLION DOLLARS ($1,000,000). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT WILL EITHER PARTY SHALL XXXXXX BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTALPUNITIVE, INDIRECT, CONSEQUENTIAL OR CONSEQUENTIAL INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITSUSE OF FACILITIES OR EQUIPMENT, LOSS OF REVENUE, LOSS OF OPPORTUNITIESDATA, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION PROFITS OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION GOODWILL), REGARDLESS OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY WHETHER XXXXXX (a) HAS BEEN ADVISED INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICE.OR

Limitations on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT WILL EITHER PARTY SHALL FIDELITY BE LIABLE FOR ANY SPECIALINDIRECT, INCIDENTAL, INDIRECTEXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL SIMILAR DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, THE WAN SERVICES (INCLUDING THE WAN FACILITIES), OR THE RECEIPT OR USE THEREOF BY CUSTOMER, INCLUDING ANY LOSS OF BUSINESS, PROFITS, OR REVENUE, ANY BUSINESS INTERRUPTION OR DOWNTIME, OR OTHER COMMERCIAL DAMAGES, AND (B) THE TOTAL CUMULATIVE LIABILITY OF FIDELITY ARISING OUT OF AND RELATED TO THIS AGREEMENT, THE WAN SERVICES (INCLUDING THE WAN FACILITIES), AND THE RECEIPT AND USE THEREOF BY CUSTOMER SHALL NOT, REGARDLESS OF THE NUMBER OF INCIDENTS OR CAUSES GIVING RISE TO ANY SUCH LIABILITY, EXCEED THE FEES PAID BY CUSTOMER TO FIDELITY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE FIRST SUCH CLAIM. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION OR BASIS OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, INDEMNITY, OR OTHERWISE), AND EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES; PROVIDED, HOWEVER, AND TO AVOID DOUBT, THE LIMITATIONS SHALL NOT APPLY TO FRAUD COMMITTED BY FIDELITY, OR PERSONAL INJURY OR DEATH DIRECTLY CAUSED BY FIDELITY’S NEGLIGENCE OR MISCONDUCT, WHERE LIABILITY FOR SUCH ACTIONS CANNOT BE LIMITED UNDER APPLICABLE LAW. NO ACTION TO ENFORCE ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT MAY BE BROUGHT BY CUSTOMER MORE THAN ONE (1) YEAR AFTER THE CLAIM ARISES. THESE LIMITATIONS ON LIABILITY ARE AN ESSENTIAL PART OF THIS AGREEMENT, AND SHALL BE VALID AND BINDING EVEN IF THE ANY REMEDY FAILS IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICE.

Limitations on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL EITHER PARTY THE COMPANY AND ITS AFFILIATES AND/OR RELATED ENTITIES, AND EACH OF THEIR RESPECTIVE MEMBERS, MANAGERS, OWNERS, OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS, ADVISORS, INSURERS, ATTORNEYS, VOLUNTEERS, REPRESENTATIVES, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, “RELEASEES”) BE LIABLE FOR DAMAGES OF ANY SPECIALKIND, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN UNDER ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISELEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SOFTWARE SITE, ANY OTHER COMPANY CONTENT, ANY WEBSITES LINKED TO THE SITE, ANY CONTENT ON SUCH WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR DOCUMENTATION FURNISHED HEREUNDER PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL THE RELEASEES BE LIABLE FOR ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED CLAIMS OF INJURY, DEMANDS, LIABILITIES, DAMAGES, LOSSES, SUITS, DEMANDS, CAUSES OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHER CLAIMS OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY LOSSES FOR PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH, IN EXCESS OF THE LICENSE FEE AMOUNTS YOU PAID FOR TO THE SOFTWARE COMPANY IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO ANY OF THE FOREGOING, WHETHER ONE TIME OR IN THE AGGREGATE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” The limitations of liability set out above do not apply to liability resulting from our gross negligence or willful misconduct. THE FOREGOING DOES NOT AFFECT ANY FEE YOU PAID FOR THE SERVICELIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitations on Liability. Each party to this Agreement agrees that, regardless of the form of any claim, SUCH PARTY'S SOLE REMEDY AND THE OTHER PARTY'S SOLE OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT, AND IN NO EVENT WILL SHALL EITHER PARTY'S LIABILITY EXCEED THE GREATER OF $4 MILLION OR THE FEES ACTUALLY PAID FOR THE BUSINESS PRODUCT(S) THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM, PROVIDED THAT THE ABOVE LIMITATION SHALL NOT APPLY TO CLAIMS FOR INFRINGEMENT PURSUANT TO SECTION (c) OF ARTICLE VII OF THIS AGREEMENT, EXCEPT FOR CLAIMS FOR PATENT INFRINGEMENT IN OTHER COUNTRIES (HEREINAFTER DEFINED). EACH PARTY EXPRESSLY AGREES THAT IN NO EVENT SHALL THE OTHER PARTY BE LIABLE FOR ANY SPECIALCONSEQUENTIAL, INCIDENTALINCIDENTAL OR SPECIAL DAMAGES, INDIRECTWHETHER UNDER BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR CONSEQUENTIAL ANY OTHER LEGAL THEORY, WHETHER IN TORT OR CONTRACT, EVEN IF SUCH OTHER PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES WHATSOEVER (INCLUDINGOCCURRING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS FROM INTERRUPTION OF PROFITSBUSINESS, LOSS OF REVENUE, LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF REPUTATION/GOODWILLUSE OF SOFTWARE, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTIONCOST OF RECREATING DATA, FOR PERSONAL INJURYCOST OF CAPITAL, FOR LOSS COST OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREINSUBSTITUTE SOFTWARE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION LOSSES CAUSED BY DELAY. THE PARTIES ACKNOWLEDGE AND AGREE THAT DAMAGES ARISING DIRECTLY FROM A THIRD PARTY CLAIM OR SUIT BROUGHT AGAINST LICENSEE AS CONTEMPLATED BY SECTION (c) OF THIS AGREEMENTARTICLE VII ARE DEEMED TO BE ACTUAL AND DIRECT DAMAGES. Licensee shall not be responsible for any damages or expenses resulting from alteration or unauthorized use of the Business Products, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICEor from unintended or unforeseen results obtained by Licensee resulting from such use.

Limitations on Liability. IN NO EVENT WILL EITHER PARTY 11.01 TAA SHALL NOT BE LIABLE TO THE CONSIGNOR FOR ANY SPECIALINDIRECT, INCIDENTAL, INDIRECTSPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDINGDAMAGES, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF INCLUDING LOST PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF LOST DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENTPROPERTY DAMAGE, EVEN IF THE PARTY TAA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSEDAMAGES. EXCEPT TAA SHALL NOT BE LIABLE FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE ANY DAMAGES, LIABILITY, OR LOSSES INCURRED BY YOU ARISING OUT OF: (SECTION 2), i) YOUR USE OF SOFTWARE AND DOCUMENTATION OR RELIANCE ON THE SERVICES; (SECTION 4), COPY RESTRICTIONS AND ii) ANY ERRORS OR OMISSIONS ON THE WEBSITE OR ANY OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR MATERIALS USED IN CONNECTION WITH THE SOFTWARE SALE OF THE GOODS; (iii) ERRORS IN EVALUATION OF THE GENUINENESS, ATTRIBUTION, AUTHORSHIP, PROVENANCE, ORIGIN, CONDITION, VALUE, OR DOCUMENTATION FURNISHED HEREUNDER ANY OTHER QUALITY OF THE GOODS; (iv) DELAY IN THE SALE OF THE GOODS, INCLUDING DELAYS BY THIRD-PARTLY ONLINE PLATFORMS; (v) FAILURE OF AN AUCTION TO TAKE PLACE; (vi) FAILURE TO SELL THE GOODS AT ALL, AT THE RESERVE (IF ANY), OR WITHIN THE ESTIMATES; (vii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY SERVICE SUPPLIED FROM TIME THIRD PARTY, OR (viii) ANY OTHER LOSS, DAMAGE, OR EXPENSE RELATING TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR GOODS OR THE SOFTWARE OR ANY FEE YOU PAID FOR SERVICES, EVEN IF TAA HAS BEEN ADVISED OF THE SERVICEPOSSIBILITY OF SUCH DAMAGES.

Limitations on Liability. IN NO EVENT WILL EITHER EXCEPT FOR DAMAGES OR LOSSES ARISING FROM INFRINGEMENT OR MISAPPROPRIATION 2) $ 3$57<¶6 ,17(//T(Y&, I7N8N$O /EV E3NT5S2H3AL(L5EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER EXEMPLARY DAMAGES, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (INCLUDING ACTIVE, PASSIVE OR IMPUTED NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITSUSE, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF REVENUE, LOSS OF OPPORTUNITIESPROFITS, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND FINANCIAL LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF SUCH PARTY IS ADVISED OF THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME POSSIBILITY OF SUCH DAMAGES. F5'S TOTAL AGGREGATE LIABILITY TO TIME CUSTOMER UNDER THIS AGREEMENT SHALL NOT EXCEED THE LICENSE FEE YOU TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE SOFTWARE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. THE FOREGOING LIMITATIONS DO NOT APPLY TO ANY LIABILITY FOR DEATH OR PERSONAL INJURY OR TO ANY FEE YOU PAID FOR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED BY THE SERVICEGOVERNING LAW OF THIS AGREEMENT AS SET OUT IN SECTION 13.

Limitations on Liability. IN ARCHON SYSTEMS WILL HAVE NO EVENT WILL EITHER PARTY BE LIABLE LIABILITY WITH RESPECT TO ITS PARTNER PROGRAM(S) INCLUDING THE REFERRAL PARTNER PROGRAM, THE INFLOW CLOUD™ SERVICES, THE ARCHON SYSTEM MATERIALS, THE ARCHON SYSTEMS TRADEMARKS, OR ARCHON SYSTEMS’ OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE, FOR ANY SPECIALDIRECT, INDIRECT, INCIDENTAL, INDIRECTRELIANCE, SPECIAL, CONSEQUENTIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDINGEXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS LOSSES OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL USE, DATA OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR INTANGIBLE LOSSES RESULTING IN ANY WAY RELATED TO FROM THE USE OF INFLOW CLOUD™ SERVICES, THE ARCHON SYSTEMS TRADEMARKS, ARCHON SYSTEMS’ OBLIGATIONS UNDER THIS AGREEMENT, OR PARTNER’S PARTICIPATION OR INABILITY TO USE PARTICIPATE IN THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENTPARTNER PROGRAM, EVEN IF THE PARTY ARCHON SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF DAMAGES. IN ANY EVENT, ARCHON SYSTEMS’, LIABILITY TO REFERRAL PARTNER UNDER THIS AGREEMENT FOR ANY REASON WILL BE LIMITED TO THE REMEDY FAILS COMMISSION PAID TO REFERRAL PARTNER BY ARCHON SYSTEMS DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES ACTION IN THE AGGREGATE, INCLUDING, BUT NOT LIMITED TO, BREACH OF SECTIONS PERTAINING TO GRANT CONTRACT, BREACH OF LICENSE (SECTION 2)WARRANTY, USE OF SOFTWARE AND DOCUMENTATION (SECTION 4)NEGLIGENCE, COPY RESTRICTIONS STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICETORTS.

Limitations on Liability. EXCEPT IN THE CASE OF [***], (A) IN NO EVENT WILL SHALL EITHER PARTY OR ITS REPRESENTATIVES BE LIABLE FOR ANY SPECIALCONSEQUENTIAL, INDIRECT, INCIDENTAL, INDIRECTSPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL ENHANCED DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN RELATING TO ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION BREACH OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN REGARDLESS OF (1) WHETHER SUCH DAMAGES WERE FORESEEABLE, (2) WHETHER OR NOT IT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF OR (3) THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE LEGAL OR EQUITABLE THEORY (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, ARISING OUT AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER OTHER REMEDY OF ITS ESSENTIAL PURPOSE; AND ANY SERVICE SUPPLIED FROM TIME TO TIME (B) SUPPLIER’S TOTAL LIABILITY [***] Certain information in this document has been excluded pursuant to Regulation S-K, Item (601)(b)(10). Such excluded information is both (i) not material and (ii) the type that the Registrant treats as private or confidential. UNDER THIS AGREEMENT SHALL NOT EXCEED [***] (I) [***] AND (II) THE LICENSE FEE YOU TOTAL OF THE AMOUNTS PAID AND AMOUNTS PAYABLE BY HMI TO SUPPLIER OVER THE [***] IMMEDIATELY PRIOR TO THE OCCURRENCE OF THE EVENT GIVING RISE TO THE LIABILITY, PROVIDED THAT FOR CLAIMS ARISING DURING THE SOFTWARE OR ANY FEE YOU PAID FOR [***] OF THE SERVICETERM, THE CAP SHALL BE NO LESS THAN THE DOLLAR AMOUNT THAT EQUALS [***].

Limitations on Liability. IN NO EVENT WILL EITHER PARTY THE MAXIMUM LIABILITY OF XXXXX.XXX, ITS DIRECTORS, OFFICERS, PARENT COMPANY, AND, AFFILIATES, TO CLIENT FOR DAMAGES RELATING TO XXXXX.XXX'S FAILURE TO PERFORM SERVICES HEREUNDER SHALL BE LIABLE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL FEES PAID BY CLIENT TO XXXXX.XXX WITH RESPECT TO SUCH SERVICES. NOTWITHSTANDING THE FOREGOING, THE MAXIMUM LIABILITY OF XXXXX.XXX, ITS DIRECTORS, OFFICERS, PARENT COMPANY, AND AFFILIATES, TO CLIENT FOR DAMAGES FOR ANY SPECIALAND ALL OTHER CAUSES WHATSOEVER, INCIDENTALAND CLIENT'S MAXIMUM REMEDY, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED REGARDLESS OF THE POSSIBILITY FORM OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL FEES PAID BY CLIENT TO XXXXX.XXX HEREUNDER. IN NO EVENT SHALL XXXXX.XXX, ITS DIRECTORS, OFFICERS, PARENT COMPANY, AND AFFILIATES, LICENSORS, AND SUPPLIERS, BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH RELATING TO THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER THE SERVICES PROVIDED HEREUNDER, EVEN IF XXXXX.XXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICELIMITED REMEDY.

Limitations on Liability. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR NONCONFORMING PRODUCTS IS THE REPLACEMENT OF THE PRODUCTS OR THE REFUND OF THE PURCHASE PRICE PAID, WHICHEVER OPTION EXACTO SELECTS. EXACTO’S LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RESULTING FROM OR IN ANY WAY CONNECTEDTO THE ORDER SHALL NOT EXCEED CUSTOMER’S PURCHASE PRICE FOR THE PARTICULAR PRODUCTS OR SERVICES UPON WHICH SUBH LIABILITY IS BASED, REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN CONTRACT, BREACH OF WARRANTY, TORT, STRICT LIABILITY OR UNDER ANY OTHER LEGAL THEORY. EXACTO’S TOTAL LIABILITY FOR ANY AND ALL CAUSES OF ACTION ASSOCIATED WITH THE ORDER OR PRODUCTS, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, THIRD PARTY INDEMNIFICATION CLAIMS, IS EXPRESSLY LIMITED TO $75,000 USD IN THE AGGREGATE. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECTCONSEQUENTIAL, EXEMPLARY, MULTIPLE OR CONSEQUENTIAL OTHER INDIRECT DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES OR FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION DATA OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATAUSE DAMAGES, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN THIS ORDER, HOWEVER CAUSED AND ON ANY WAY RELATED TO THE USE THEORY OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF LIABILITY. THIS AGREEMENT, LIMITATION APPLIES EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICEDAMAGES.

Limitations on Liability. THE PURCHASER ACKNOWLEDGES AND AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE PURCHASER WILL NOT HOLD ANY OF THE COMPANY AND ITS RESPECTIVE PAST, PRESENT AND FUTURE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, CONSULTANTS, ATTORNEYS, ACCOUNTANTS, FINANCIAL ADVISORS, EQUITY HOLDERS, SUPPLIERS, VENDORS, SERVICE PROVIDERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS (THE “COMPANY PARTIES”) LIABLE FOR ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, SAAVcoin Tokens OR THE BASE PLATFORM UNDER ANY CAUSE OF ACTION WHATSOEVER OF ANY KIND IN NO EVENT WILL EITHER PARTY ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT NONE OF THE COMPANY PARTIES SHALL BE LIABLE FOR ANY SPECIALINDIRECT, INCIDENTAL, INDIRECTSPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDINGDAMAGES, BUT NOT LIMITED TO, DAMAGES FOR INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION GOODWILL OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY IN ANY WAY WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OF, OR INABILITY TO USE OR PURCHASE SAAVcoin Tokens. THE SOFTWARE OR DOCUMENTATION PROVIDED HEREINPURCHASER FURTHER SPECIFICALLY ACKNOWLEDGES THAT COMPANY PARTIES ARE NOT LIABLE, OR OTHERWISE IN CONNECTION WITH AND THE PURCHASER AGREES NOT TO SEEK TO HOLD ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY COMPANY PARTIES LIABLE, FOR THE CONDUCT OF SUCH DAMAGES THIRD PARTIES, INCLUDING OTHER PURCHASERS OF SAAVcoin Tokens AND EVEN IF ANY THIRD PARTY INTERMEDIARY USED IN FACILITATING THE REMEDY FAILS SAAVcoin Tokens SALE, AND THAT THE RISK OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE PURCHASING AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION USING SAAVcoin Tokens RESTS ENTIRELY WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND PURCHASER. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL ANY SERVICE SUPPLIED FROM TIME OF THE COMPANY PARTIES BE LIABLE TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID ANY PURCHASER OF SAAVcoin Tokens FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICEPURCHASE OF SAAVcoin Tokens. The Terms of Use and the SAAVcoin Token Purchase Agreement govern the sale of SAAVcoin Tokens and supersede any public statements about the SAAVcoin Tokens Sale made by third parties or by the Company or individuals associated with any Company Parties, past, present and future. The Company reserves the right, at its discretion, to change, modify, add, or remove portions of the SAAVcoin Token Product Purchase Agreement, at any time, promptly upon posting the amended agreement on its website. Any Purchaser will be deemed to have accepted such changes by purchasing SAAVcoin Tokens. If at any point you do not agree to any portion of the then-current version of the SAAVcoinToken Purchase Agreement, you should not purchase SAAVcoin Token. If a court or other tribunal determines that there is a conflict between the SAAVcoin Token Product Purchase Agreement and Terms of Use, the provisions of the Terms of Use shall govern.

Limitations on Liability. IN NO EVENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS SPECIFICALLY PROVIDED HEREIN OR BY SEPARATE WRITTEN AGREEMENT THAT BY ITS TERMS SUPERCEDES THIS AGREEMENT, WE WILL EITHER PARTY NOT BE LIABLE IN ANY MANNER TO YOU, (INCLUDING YOUR EMPLOYER) OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, INDIRECTCONSEQUENTIAL, OR CONSEQUENTIAL DAMAGES PUNITIVE DAMAGES, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES, WHATSOEVER (INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITSBUSINESS INFORMATION, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTIONATTORNEYS’ FEES, FOR PERSONAL INJURYAND COSTS), FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE COMPLYFX™ PRODUCT IN WHOLE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENTPART, EVEN IF THE PARTY HAS WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF REGARDLESS OF OUR FAULT OR NEGLIGENCE. IN THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2EVENT THIS LIMITATION IS ADJUDICATED IN A JURISDICTION THAT DOES NOT ACCEPT SUCH LIMITATION(S), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR OUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICETHREE MONTHS OF CONTRACT FEES, INCLUDING ATTORNEYS’ FEES AND COSTS. The terms of this Section #11 shall survive the termination of this Agreement.

Limitations on Liability. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER AGREES THAT THE ENTIRE LIABILITY OF CASTLE AND CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES, THE SOFTWARE, THE SOFTWARE SERVICES, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS, MATERIALS OR SERVICES SUPPLIED BY CASTLE IN CONNECTION WITH THIS AGREEMENT FOR DAMAGES FOR ANY CAUSE AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING FUNDAMENTAL BREACH OR NEGLIGENCE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES AND SHALL NOT EXCEED IN THE AGGREGATE THE ANNUAL SUBSCRIPTION FEES PAID IN THE THEN-CURRENT YEAR BY CUSTOMER TO CASTLE UNDER THIS AGREEMENT. CUSTOMER FURTHER AGREES THAT IN NO EVENT WILL EITHER PARTY SHALL CASTLE BE LIABLE LIABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING FUNDAMENTAL BREACH OR NEGLIGENCE, FOR ANY SPECIALINDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, INDIRECTSPECIAL, OR CONSEQUENTIAL EXEMPLARY DAMAGES WHATSOEVER (INCLUDINGWHATSOEVER, BUT NOT LIMITED TO, DAMAGES INCLUDING WITHOUT LIMITATION FOR LOSS OF LOST PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIESFAILURE TO REALIZE ANTICIPATED SAVINGS, LOST OR DAMAGED DATA, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OPPORTUNITIES OR LOSS OF CONFIDENTIAL REPUTATION, OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATAECONOMIC LOSS, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGES, OR SUCH LOSSES OR DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICEARE FORESEEABLE.

Limitations on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT WILL EITHER PARTY THE ARSNL ENTITIES BE LIABLE (A) FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS PROCUREMENT OF PROFITSSUBSTITUTE GOODS OR SERVICES, LOSS OF REVENUEUSE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILLDATA OR PROFITS, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL ANY OTHER DAMAGES OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATALOSSES, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE YOUR USE OF OR INABILITY TO USE THE SOFTWARE NFT, ARTWORK, PRINTS OR DOCUMENTATION PROVIDED HEREINASSOCIATED CONTENT), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THIS AGREEEMENT OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH ANY PROVISION OF THE NFTS, ARTWORK, PRINTS AND ASSOCIATED CONTENT OR THIS AGREEMENTAGREEMENT AND WHETHER IN CONTRACT, PRODUCT LIABILITY OR TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, EVEN IF THE PARTY HAS ARSNL ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT WHATSOEVER RESULTING FROM OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT THE SOFTWARE DELIVERY, USE OR DOCUMENTATION FURNISHED HEREUNDER PERFORMANCE OF THE NFTS, ARTWORK, PRINTS AND ANY SERVICE SUPPLIED FROM TIME ASSOCIATED CONTENT. THE MAXIMUM AGGREGATE LIABILITY OF THE ARSNL ENTITIES FOR ALL DAMAGES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (I) $1,000 OR (II) THE AMOUNT PAID TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID ARSNL FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICEYOUR NFT.

Limitations on Liability. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER AGREES THAT THE ENTIRE LIABILITY OF XXXXXX AND CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES, THE SOFTWARE, THE SOFTWARE SERVICES, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS, MATERIALS OR SERVICES SUPPLIED BY XXXXXX IN CONNECTION WITH THIS AGREEMENT FOR DAMAGES FOR ANY CAUSE AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING FUNDAMENTAL BREACH OR NEGLIGENCE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES AND SHALL NOT EXCEED IN THE AGGREGATE THE ANNUAL SUBSCRIPTION FEES PAID BY CUSTOMER TO XXXXXX UNDER THIS AGREEMENT. CUSTOMER FURTHER AGREES THAT IN NO EVENT WILL EITHER PARTY SHALL XXXXXX BE LIABLE LIABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING FUNDAMENTAL BREACH OR NEGLIGENCE, FOR ANY SPECIALINDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, INDIRECTSPECIAL, OR CONSEQUENTIAL EXEMPLARY DAMAGES WHATSOEVER (INCLUDINGWHATSOEVER, BUT NOT LIMITED TO, DAMAGES INCLUDING WITHOUT LIMITATION FOR LOSS OF LOST PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIESFAILURE TO REALIZE ANTICIPATED SAVINGS, LOST OR DAMAGED DATA, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OPPORTUNITIES OR LOSS OF CONFIDENTIAL REPUTATION, OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATAECONOMIC LOSS, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGES, OR SUCH LOSSES OR DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICEARE FORESEEABLE.

Limitations on Liability. IN NO EVENT WILL SHALL EITHER PARTY PARTY, ITS AFFILIATES, OR ANY OF ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY SPECIALINDIRECT, INCIDENTAL, INDIRECTCONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES OR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT), EVEN IF THE PARTY THAT PARTY, ITS AFFILIATES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2)ANY KIND, USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN UNDER ANY CONTRACT, TORT NEGLIGENCE, STRICT LIABILITY OR OTHERWISEOTHER THEORY, ARISING OUT OF OR RELATING IN CONNECTION WITH ANY WAY TO THIS LETTER OF ENGAGEMENT OR ITS IMPLEMENTATION. IN NO EVENT SHALL THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER TOTAL COLLECTIVE LIABILITY OF THE CONSULTANT, ITS AFFILIATES, AND ANY SERVICE SUPPLIED FROM TIME OF ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS ARISING OUT OF OR RELATING IN ANY WAY TO TIME SHALL NOT THIS LETTER OF ENGAGEMENT OR ITS IMPLEMENTATION EXCEED THE LICENSE FEE YOU TOTAL AMOUNTS PAID BY CLIENT TO CONSULTANT FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICESERVICES PROVIDED HEREUNDER.

Limitations on Liability. EXCEPT IN THE EVENT OF A PARTY’S BREACH OF ITS OBLIGATIONS IN, OR LIABILITY UNDER, SECTIONS 5.1, 5.3, 5.4, OR 5.5, AMOUNTS INCURRED IN PERFORMANCE OF, OR AMOUNTS PAID OR REQUIRED TO BE PAID TO THIRD PARTIES UNDER, THE INDEMNIFICATION OBLIGATIONS HEREUNDER, AND FRAUD (AS DEFINED IN THE APA): (A) IN NO EVENT WILL EITHER PARTY RECIPIENT OR ANY OF ITS AFFILIATES OR PROVIDER OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIALLOSS OF PROFIT, INDIRECT, INCIDENTAL, INDIRECTSPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR RELATING TO THIS AGREEMENT AND (B) IN NO EVENT WILL THE AGGREGATE LIABILITY OF RECIPIENT OR ANY WAY RELATED OF ITS AFFILIATES OR THE AGGREGATE LIABILITY OF PROVIDER OR ANY OF ITS AFFILIATES ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE TOTAL FEES PAID OR PAYABLE BY RECIPIENT TO PROVIDER UNDER THIS AGREEMENT. EACH PARTY ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 8 REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT THE OTHER PARTY WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY. WITHOUT LIMITING ANY OF THE EXPRESS OBLIGATIONS OR COMMITMENTS IN THIS AGREEMENT, EXCEPT IN EACH CASE AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR THE APA, NEITHER PROVIDER, RECIPIENT, NOR THEIR RESPECTIVE AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WITH RESPECT TO THE USE OF SERVICES OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION SUBJECT MATTER OF THIS AGREEMENT, EVEN IF INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, TIMELINESS, COMPLETENESS OR THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF RESULTS TO BE OBTAINED FROM SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICESERVICES.

Limitations on Liability. EXCEPT FOR BODILY INJURY OF A PERSON, IN NO EVENT WILL EITHER PARTY XXXXXXX FONTS INC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT, THE PRODUCT OR ANY SERVICES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDINGINCLUDING LOST PROFITS), BUT NOT LIMITED TO, DAMAGES OR FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, OR FOR BUSINESS INTERRUPTIONCOST OF PROCUREMENT OF SUBSTITUTE GOODS OR TECHNOLOGY, FOR PERSONAL INJURY, FOR LOSS IRRESPECTIVE OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY WHETHER XXXXXXX FONTS INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. XXXXXXX FONTS INC MAXIMUM LIABILITY FOR DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING SHALL BE LIMITED TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FEES RECEIVED BY XXXXXXX FONTS INC UNDER THIS LICENSE FOR THE SOFTWARE OR ANY FEE YOU PAID FOR PARTICULAR PRODUCT(S) WHICH CAUSED THE SERVICEDAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

Limitations on Liability. IN NO EVENT WILL EITHER PARTY SHALL THE COMMZOOM GROUP BE LIABLE FOR ANY SPECIALINDIRECT, INCIDENTAL, INDIRECTEXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL SIMILAR DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE EQUIPMENT, THE SERVICES, OR YOUR USE OF OR INABILITY TO USE THE SOFTWARE FOREGOING, INCLUDING LOST BUSINESS OR DOCUMENTATION PROVIDED HEREINPROFITS, BUSINESS INTERRUPTION OR DOWNTIME, LOSS OF INFORMATION OR DATA, OR OTHERWISE IN CONNECTION WITH ANY PROVISION COST OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS OR SERVICES. THE TOTAL CUMULATIVE LIABILITY OF THE COMMZOOM GROUP ARISING OUT OF AND RELATED TO THIS AGREEMENT, THE EQUIPMENT, THE SERVICES, AND YOUR USE OF OR INABILITY TO USE THE FOREGOING SHALL NOT, REGARDLESS OF THE NUMBER OF INCIDENTS OR CAUSES GIVING RISE TO ANY SUCH LIABILITY, EXCEED THE LESSER OF: (A) THE FEES PAID BY CUSTOMER TO COMMZOOM IN RESPECT OF THE EQUIPMENT AND SERVICES GIVING RISE TO THE CLAIM(S); OR (B) THE TOTAL FEES PAID BY CUSTOMER TO COMMZOOM UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE FIRST SUCH CLAIM. THE LIMITATIONS ON LIABILITY IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, REGARDLESS OF THE CAUSE OF ACTION OR BASIS OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, INDEMNITY OR OTHERWISE), EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES. THESE LIMITATIONS ON LIABILITY ARE AN ESSENTIAL PART OF THIS AGREEMENT, AND SHALL BE VALID AND BINDING EVEN IF THE ANY REMEDY FAILS IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICE.

Limitations on Liability. IN NO EVENT WILL EITHER PARTY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES SHALL NOT BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, INDIRECTPUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDINGINCLUDING IN RESPECT OF LOST PROFIT OR REVENUE OR OPPORTUNITY, BUT NOT LIMITED EXPECTED SAVINGS OR ANY OTHER ECONOMIC CONSEQUENTIAL LOSS OR DAMAGE) OR ANY LOSS OF, OR DAMAGE TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY SUCH DAMAGES ARE FORESEEABLE OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT LICENSOR IS FOUND TO BE LIABLE TO CUSTOMER FOR ANY REASON, LICENSOR’S AND ITS OFFICERS’, DIRECTORS’, EMPLOYEES’ AND REPRESENTATIVES’ LIABILITY SHALL BE LIMITED TO THE ACTUAL DIRECT DAMAGES SUFFERED BY CUSTOMER AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED IN THE LICENSE FEE YOU PAID FOR AGGREGATE THE SUM OF ONE THOUSAND CANADIAN DOLLARS. The foregoing limitations and exclusions of liability shall apply in respect of any expense, damage, loss, injury, or liability of any kind, regardless of the form of action or theory of liability (including for breach of contract, tort, negligence, strict liability, by statute or otherwise) and shall survive a fundamental breach or breaches or the failure of the essential purpose of this Beta Agreement or of any remedy contained herein. THE LIMITATIONS OF LIABILITY ABOVE REPRESENT THE INHERENT RISKS ASSOCIATED WITH BETA PLATFORMS AND THE FACT THAT THE SERVICES AND BETA TERMINAL SOFTWARE ARE BEING PROVIDED AT NO COST TO THE CUSTOMER. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY SET OUT IN THIS AGREEMENT ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF BARGAIN BETWEEN THE PARTIES AND LICENSOR WOULD NOT BE ABLE TO PROVIDE THE BETA SOFTWARE, OR ANY FEE YOU PAID FOR THE SERVICEDOCUMENTATION WITHOUT SUCH LIMITATIONS.

Limitations on Liability. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY AND NOTWITHSTANDING ANYTHING PROVIDED FOR UNDER APPLICABLE LAW TO THE CONTRARY, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTALTREBLE, INDIRECTPUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY AMOUNTS REPRESENTING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION PROFITS OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATABUSINESS, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR INCLUDING ANY SUCH DAMAGES RESULTING FROM DELAYS IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREINDELIVERY, OR OTHERWISE IN CONNECTION WITH FAILURE TO DELIVER, ANY PROVISION PRODUCT, REGARDLESS OF THIS AGREEMENT, EVEN IF THE WHETHER THAT FIRST PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH THOSE DAMAGES (IN EACH CASE, OTHER THAN ANY SHORTFALL PAYMENTS PAYABLE UNDER THIS AGREEMENT AND EVEN IF EXCLUDED CLAIMS). NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT CONTRARY AND NOTWITHSTANDING ANYTHING PROVIDED FOR BREACHES OF SECTIONS PERTAINING UNDER APPLICABLE LAW TO GRANT OF LICENSE (SECTION 2)THE CONTRARY, USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LMI’S AGGREGATE LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH UNDER THIS AGREEMENT WILL BE LIMITED TO THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME NET AMOUNTS ACTUALLY PAID BY GMS TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICELMI UNDER THIS AGREEMENT.

Limitations on Liability. TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS THAT YOU MAY HAVE AGAINST US IS LIMITED THE ENROLLMENT FEES, IF ANY, YOU PAID TO US FOR YOUR ENROLLMENT IN CAR-ON-DEMAND OR CAR-ON-DEMAND SERVICES. UNDER NO EVENT WILL EITHER PARTY BE CIRCUMSTANCES ARE WE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECTCONSEQUENTIAL, PUNITIVE, MULTIPLE, OR CONSEQUENTIAL SPECIAL DAMAGES OF ANY NATURE WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF NOR LOST PROFITS, LOSS OF REVENUEBUSINESS, LOSS OF OPPORTUNITIESUSE, LOSS OF REPUTATION/GOODWILLREPUTATION OR COST OF REPLACEMENT PRODUCTS OR SERVICES, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY IN EACH CASE ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF ANY CAR-ON-DEMAND SERVICE, OR THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSECAR-ON-DEMAND PLATFORM. EXCEPT WE ARE NOT LIABLE FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ANY CLAIMS THAT YOU MAY HAVE ARISING OUT OF ANY CAR-ON-DEMAND SERVICE, SUBSCRIBED VEHICLE, OR ANY OTHER AGREEMENT, INCLUDING BUT NOT LIMITED TO (A) ANY LOSS OF, OR DAMAGE TO, ANY GOODS IN OR ON ANY SUBSCRIBED VEHICLE, (B) FOR ANY PERSONAL INJURY OR DEATH IN RELATION TO YOU OR ANY THIRD PARTY ARISING FROM ANY USE OF A SUBSCRIBED VEHICLE OR ANY DEALER SERVICE, (C) LOSS OR DAMAGE INCURRED BY YOU AS A RESULT OF ANY CLAIMS MADE BY A THIRD PARTY, AND (D) LOSS OR DAMAGE INCURRED BY YOU ARISING FROM OR IN CONNECTION WITH RELATION TO EITHER (I) THE SOFTWARE RESERVATION, SUPPLY, OPERATION OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE USE OF A SUBSCRIBED VEHICLE OR ANY FEE YOU PAID FOR THE CAR-ON-DEMAND SERVICE., OR

Limitations on Liability. YOU AGREE AND ACKNOWLEDGE THAT USE OF THE SOFTWARE IS AT YOUR OWN RISK. IN NO EVENT WILL EITHER PARTY PROCTORFREE, ITS LICENSORS OR VENDORS, OR THE TEST ADMINISTRATOR, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, DAMAGES OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR ANY OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY RELIEF ARISING OUT OF OR IN ANY WAY RELATED TO THE YOUR USE OF OR INABILITY TO USE THE SOFTWARE INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, DATA BREACH, DATA LOSS, SECURITY ISSUES, LOST PROFITS, LOST BUSINESS OR DOCUMENTATION PROVIDED HEREINLOST OPPORTUNITY, OR OTHERWISE IN CONNECTION WITH ANY PROVISION TYPE OF THIS AGREEMENTDAMAGES, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISEINCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE SOFTWARE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF SUCH PARTIES WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF PROCTORFREE TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT EXCEED $100.00 (USD). IF THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME WAS OBTAINED BY YOU FREE OF CHARGE, PROCTORFREE’S AGGREGATE LIABILITY SHALL NOT EXCEED $1.00 (USD). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND PROCTORFREE RELATING TO THE LICENSE FEE YOU PAID FOR PROVISION OF THE SOFTWARE OR ANY FEE TO YOU, AND PROCTORFREE WOULD NOT PROVIDE THE SOFTWARE TO YOU PAID FOR THE SERVICEWITHOUT THIS LIMITATION.

Limitations on Liability. IN NO EVENT WILL (i) EITHER PARTY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECTRELIANCE OR OTHER SIMILAR DAMAGES ARISING OUT OF, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF WITH, THIS AGREEMENT, THE ONLINE SYSTEM, THE SITE OR ANY SERVICES HEREUNDER; OR (ii) EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR DAMAGES FOR BREACH OF THIS AGREEMENT IN EXCESS OF THE AMOUNTS PAID OR PAYABLE BY INSURER TO AFS UNDER THIS AGREEMENT DURING THE EIGHTEEN (18) MONTHS PRIOR TO THE OCCURRENCE OF THE EVENTS GIVING RISE TO SUCH DAMAGES, EVEN IF THE SUCH PARTY HAS SHALL HAVE BEEN ADVISED INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING WAIVERS AND LIMITATIONS OF DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED APPLY TO (i) THE LICENSE FEE YOU LIMITED EXTENT THAT APPLICABLE LAW PROHIBITS ANY SUCH LIMITATION, (ii) DAMAGES CAUSED BY WILLFUL MISCONDUCT, (iii) DAMAGES OR LIABILITY RELATING TO A PARTY’S INDEMNITY OBLIGATIONS HEREUNDER, OR ARISING FROM A BREACH OF A PARTIES CONFIDENTIALITY OBLIGATIONS UNDER SECTION 7THE PARTIES ACKNOWLEDGE THAT THE WAIVERS AND LIMITATIONS OF THIS SECTION 5 CONSTITUTE AN ALLOCATION OF RISK THAT IS REFLECTED IN THE PRICE PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR PRODUCTS AND SERVICES PROVIDED. THE SERVICEWAIVERS AND LIMITATIONS OF LIABILITY PROVIDED IN THIS SECTION 5 ARE A FUNDAMENTAL BASIS OF THE BARGAIN. Nothing in this Agreement is intended to create rights in or for the benefit of any Authorized User or other third party, the indemnifications of each party herein being intended to benefit only the other party hereto, and such other party’s respective successors and permitted assigns.

Limitations on Liability. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER AGREES THAT THE ENTIRE LIABILITY OF XXXXXX AND CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES, THE SOFTWARE, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS, MATERIALS OR SERVICES SUPPLIED BY XXXXXX IN CONNECTION WITH THIS AGREEMENT FOR DAMAGES FOR ANY CAUSE AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING FUNDAMENTAL BREACH OR NEGLIGENCE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES AND SHALL NOT EXCEED IN THE AGGREGATE THE ANNUAL SUBSCRIPTION FEES PAID BY CUSTOMER TO XXXXXX UNDER THIS AGREEMENT. CUSTOMER FURTHER AGREES THAT IN NO EVENT WILL EITHER PARTY SHALL XXXXXX BE LIABLE LIABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING FUNDAMENTAL BREACH OR NEGLIGENCE, FOR ANY SPECIALINDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, INDIRECTSPECIAL, OR CONSEQUENTIAL EXEMPLARY DAMAGES WHATSOEVER (INCLUDINGWHATSOEVER, BUT NOT LIMITED TO, DAMAGES INCLUDING WITHOUT LIMITATION FOR LOSS OF LOST PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIESFAILURE TO REALIZE ANTICIPATED SAVINGS, LOST OR DAMAGED DATA, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OPPORTUNITIES OR LOSS OF CONFIDENTIAL REPUTATION, OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATAECONOMIC LOSS, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGES, OR SUCH LOSSES OR DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICEARE FORESEEABLE.

Limitations on Liability. THE LIABILITY OF NTELCARE AND ITS AFFILIATES, PARTNERS, SHAREOLDERS, DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, “NTELCARE PARTIES”) TO THE SUBSCRIBER AND THE USER SHALL IN ALL EVENTS BE LIMITED TO THE TOTAL AMOUNT PAID BY SUBSCRIBER FOR THE TECHNOLOGY AND ANY FEES, IF ANY, RELATING TO ONGOING USE OF THE TECHNOLOGY, IF USER OR ANYONE ELSE SUFFERS ANY HARM (DAMAGE OR LOSS OF PROPERTY, PERSONAL INJURY, OR DEATH) BECAUSE THE TECHNOLOGY FAILED TO OPERATE PROPERLY OR WE WERE NEGLIGENT OR ACTED IMPROPERLY. THE NTELCARE PARTIES SHALL IN NO EVENT WILL EITHER PARTY BE RESPONSIBLE TO, OR LIABLE TO, YOU (AND/OR THE SUBSCRIBER AND/OR THE USER), OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY SPECIALDAMAGES, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, AS A DIRECT OR INDIRECT RESULT OF: (a) THE BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT BY THE SUBSCRIBER OR THE USER; (b) THE ACCESS AND USE OF THE TECHNOLOGY AND/OR ANY CRITICAL EVENT NOTIFICATIONS BY THE SUBSCRIBER OR THE USER; (c) ANY PARTY’S DELAY IN ACCESSING OR INABILITY TO ACCESS CRITICAL EVENT NOTIFICATIONS FROM THE TECHNOLOGY FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION ANY REASON; OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY (d) ANY CLAIM OTHERWISE ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREINTECHNOLOGY. The Subscriber acknowledges (for itself and on behalf of the User, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENTif the Subscriber is not the User) that if NtelCare were to have liability greater than that established under this Agreement, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICENtelCare could not and would not provide the Technology.

Limitations on Liability. IN TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUPPLIER, ITS AFFILIATES, AND ANY LICENSORS, AGENTS, SUPPLIERS AND DISTRIBUTORS THEREOF, INCLUDING WITHOUT LIMITATION ANY CONTENT PROVIDERS, DISCLAIM ALL LIABILITY FOR, AND UNDER NO EVENT WILL EITHER PARTY CIRCUMSTANCES SHALL BE LIABLE FOR TO YOU OR ANY OTHER PERSON OR ENTITY FOR, ACTUAL OR ALLEGED DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2DAMAGES), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PROFIT, LOSS OF USE, STOPPAGE OR INTERRUPTION OF BUSINESS, BREACH OF ANY TRADEMARKS, TRADE NAMES, TRADE SECRETS, COPYRIGHTS OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTIES, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES OF ANY KIND, ARISING OUT OF OR RELATING TO THE USE OR PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE AND/OR RELATED PRODUCTS AND SERVICES (INCLUDING, WITHOUT LIMITATION, THE RETRIEVAL AND DOWNLOADING OF CONTENT OR OTHER INFORMATION BY THE SOFTWARE OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE THEREON). NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, IN NO EVENT SHALL SUPPLIER’S TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME SHALL EXCEED THE TOTAL AMOUNT RECEIVED BY SUPPLIER FOR THE PARTICULAR SOFTWARE GIVING RISE TO TIME SUCH CLAIM(S). The parties agree that the limitations on liabilities set forth herein are agreed allocations of risk and such limitations will apply notwithstanding the failure of essential purpose of any limited remedy and even if a party has been advised of the possibility of any such failure or liability. SUPPLIER SHALL NOT EXCEED BE LIABLE TO YOU FOR ANY CLAIM BROUGHT MORE THAN TWO YEARS AFTER THE LICENSE FEE YOU PAID CAUSE OF ACTION FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICESUCH CLAIM AROSE.

Limitations on Liability. NOTWITHSTANDING ANY OTHER PROVISION IN NO EVENT WILL EITHER THIS AGREEMENT, ACES (AND ITS REPRESENTATIVES’, AFFILIATES’ AND LICENSORS’) MAXIMUM AGGREGATE LIABILITY TO USER (OR TO ANY PERSON CLAIMING ANY RIGHT, TITLE OR INTEREST DERIVED FROM OR THROUGH USER) FOR ANY CAUSE WHATSOEVER (EXCEPT FOR WILLFUL MISCONDUCT AGAINST NATURAL PERSONS OR PROPERTY OR GROSS NEGLIGENCE OF ACES), REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LAW OR EQUITY), SHALL BE LIMITED TO THE LESSER OF : (A) FEES, IF ANY, RECEIVED BY ACES FROM USER WITHIN SIX (6) MONTHS PRIOR TO THE TERMINATION OF THIS AGREEMENT OR (B) $1000. IN ADDITION, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTALINCIDENTAL OR CONSEQUENTIAL DAMAGES, INDIRECTWHETHER BASED IN CONTRACT, TORT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ANY OTHER THEORY OF LAW OR EQUITY (INCLUDING, BUT WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) AND WHETHER OR NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF DAMAGES. THE REMEDY FAILS FOREGOING LIMITATION OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES LIABILITY REPRESENTS THE ALLOCATION OF SECTIONS PERTAINING TO GRANT RISK OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER FAILURE BETWEEN THE PARTIES AS REFLECTED IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED PRICING HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED IS AN ESSENTIAL ELEMENT OF THE LICENSE FEE YOU PAID FOR BARGAIN BETWEEN THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICEPARTIES.

Limitations on Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY SHALL ONECAUSE OR ANY OF ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND REPRESENTATIVES (THE "ONECAUSE GROUP") BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES TO CUSTOMER OR TO ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR RESULTING FROM THE SOFTWARE USE OR DOCUMENTATION FURNISHED HEREUNDER AND INABILITY TO USE THE SERVICES OR MATERIALS, OR ANY SERVICE SUPPLIED FROM TIME LOSS OF USE OF DATA IN AN AMOUNT IN EXCESS OF THE GREATER OF: (A) THE AGGREGATE FEES PAID BY CUSTOMER TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID ONECAUSE FOR THE SOFTWARE PRODUCTS AND SERVICES HEREUNDER; OR (B) $1,000. CUSTOMER AGREES THAT THIS LIMITATION ON DAMAGES IN THIS PARAGRAPH IS INCLUDED AS A MATERIAL INDUCEMENT TO ONECAUSE TO ENTER INTO THIS AGREEMENT AND THAT THE PRICING AND OTHER TERMS MADE AVAILABLE TO CUSTOMER WOULD NOT HAVE BEEN AVAILABLE IF THIS PARAGRAPH WERE NOT INCLUDED IN THE AGREEMENT. THE CUSTOMER SHALL BE PRECLUDED FROM MAKING ANY FEE YOU PAID SUCH CLAIM FOR DAMAGES IF SUCH CLAIM IS NOT MADE WITHIN THE SERVICEONE (1)-YEAR PERIOD FOLLOWING THE EVENT DATE.

Limitations on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT WILL EITHER PARTY THE ARSNL ENTITIES BE LIABLE (A) FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS PROCUREMENT OF PROFITSSUBSTITUTE GOODS OR SERVICES, LOSS OF REVENUEUSE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILLDATA OR PROFITS, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL ANY OTHER DAMAGES OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATALOSSES, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE YOUR USE OF OR INABILITY TO USE THE SOFTWARE NFT, ARTWORK, MODELS OR DOCUMENTATION PROVIDED HEREINASSOCIATED CONTENT), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THIS AGREEEMENT OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH ANY PROVISION OF THE NFTS, ARTWORK, MODELS AND ASSOCIATED CONTENT OR THIS AGREEMENTAGREEMENT AND WHETHER IN CONTRACT, PRODUCT LIABILITY OR TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, EVEN IF THE PARTY HAS ARSNL ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT WHATSOEVER RESULTING FROM OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT THE SOFTWARE DELIVERY, USE OR DOCUMENTATION FURNISHED HEREUNDER PERFORMANCE OF THE NFTS, ARTWORK, MODELS AND ANY SERVICE SUPPLIED FROM TIME ASSOCIATED CONTENT. THE MAXIMUM AGGREGATE LIABILITY OF THE ARSNL ENTITIES FOR ALL DAMAGES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (I) $1,000 OR (II) THE AMOUNT PAID TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID ARSNL FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICEYOUR NFT.

Limitations on Liability. IN NO EVENT NEITHER WE NOR ANY OF OUR PARENT COMPANIES, AFFILIATES OR LICENSORS, NOR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES WILL EITHER PARTY BE LIABLE FOR ANY SPECIALINDIRECT, INCIDENTAL, INDIRECTSPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, ANY LOSS OF REVENUE, LOSS OF OPPORTUNITIESPROFITS, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREINUSE, OR OTHERWISE DATA ARISING IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENTTHE SERVICE OFFERINGS, EVEN IF THE PARTY HAS WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSETHOSE DAMAGES. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2)FURTHER, USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR OUR AGGREGATE LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL OFFERINGS WILL NOT EXCEED THE LICENSE FEE TOTAL FEES PAID OR PAYABLE TO YOU PAID FOR UNDER THIS AGREEMENT IN THE SOFTWARE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED. YOU HEREBY WAIVE ANY RIGHT OR ANY FEE YOU PAID FOR REMEDY IN EQUITY, INCLUDING THE SERVICERIGHT TO SEEK SPECIFIC PERFORMANCE, INJUNCTIVE OR OTHER EQUITABLE RELIEF IN CONNECTION WITH THIS AGREEMENT. NOTHING IN THIS PARAGRAPH WILL OPERATE TO LIMIT LIABILITIES THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

Limitations on Liability. IN NO EVENT WILL EITHER PARTY ONGAGE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH ONGAGE (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SERVICES) IS TO DISCONTINUE YOUR USE OF THE SERVICES. ONGAGE AND ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION TO THE SERVICES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL EXEMPLARY DAMAGES WHATSOEVER (INCLUDINGINCLUDE, BUT NOT LIMITED TOWITHOUT LIMITATION, DAMAGES FOR LOSS OF LOST PROFITS, LOST DATA, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION WORK STOPPAGE, COMPUTER FAILURE OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREINMALFUNCTION, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENTOTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE PARTY HAS ONGAGE HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF SUCH DAMAGES THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. ONGAGE'S LIABILITY, AND EVEN IF (AS APPLICABLE) THE REMEDY FAILS LIABILITY OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES ONGAGE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE FEES YOU PAID TO ONGAGE IN THE 3 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, ONGAGE’S LIABILITY SHALL BE LIMITED TO THE SOFTWARE EXTENT PERMITTED BY LAW. CUSTOMER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, ONGAGE WOULD NOT BE ABLE TO OFFER THE SITE OR ANY FEE YOU PAID FOR THE SERVICESERVICES.

Limitations on Liability. IN NO EVENT WILL EITHER PARTY BE LIABLE (a) SUBJECT TO SECTION 6.02, THE LIABILITIES OF PROVIDER AND ITS SUBSIDIARIES AND THEIR RESPECTIVE REPRESENTATIVES, COLLECTIVELY, UNDER THIS AGREEMENT FOR ANY SPECIAL, INCIDENTAL, INDIRECT, ACT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED FAILURE TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE ACT IN CONNECTION WITH ANY PROVISION HEREWITH (INCLUDING THE PERFORMANCE OR BREACH OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), OR FROM THE SALE, DELIVERY, PROVISION OR USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY ANY SERVICES PROVIDED UNDER OR CONTEMPLATED BY THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, ARISING OUT SHALL NOT EXCEED 25% OF THE AGGREGATE CHARGES PAID AND PAYABLE UNDER THIS AGREEMENT TO SUCH PROVIDER IN RESPECT OF SUCH SERVICE; PROVIDED THAT, NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITIES OF PROVIDER AND ITS SUBSIDIARIES AND THEIR RESPECTIVE REPRESENTATIVES, COLLECTIVELY, UNDER THIS AGREEMENT FOR ANY ACT OR FAILURE TO ACT IN CONNECTION WITH HEREWITH (INCLUDING THE SOFTWARE PERFORMANCE OR DOCUMENTATION FURNISHED HEREUNDER BREACH OF THIS AGREEMENT), OR FROM THE SALE, DELIVERY, PROVISION OR USE OF ANY SERVICES PROVIDED UNDER OR CONTEMPLATED BY THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND ANY SERVICE SUPPLIED FROM TIME TO TIME STRICT LIABILITY) OR OTHERWISE, SHALL NOT EXCEED THE LICENSE FEE YOU AGGREGATE AMOUNT OF FEES (EXCLUDING ANY FEES CHARGED BY PROVIDER FOR REIMBURSEMENT OF THIRD PARTY FEES) PAID FOR OR PAYABLE BY THE SOFTWARE RECIPIENT OVER THE PREVIOUS TWELVE MONTHS OR ANY FEE YOU PAID FOR SINCE THE SERVICEDATE OF THIS AGREEMENT (IF PRIOR TO THE FIRST ANNIVERSARY OF THIS AGREEMENT) WITH RESPECT TO THE SERVICES GIVING RISE TO SUCH LIABILITY.

Limitations on Liability. EXCEPT FOR AS SET FORTH HEREIN, IN NO EVENT WILL SHALL EITHER PARTY BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE ON THE PART OF EITHER PARTY) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. IN NO EVENT WILL PROVIDER BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES SERVICE INTERRUPTIONS CAUSED BY ACTS OF NATURE, THE HOSTING SERVICE, OR ANY OTHER CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF PROVIDER, SUCH AS ANY INABILITY TO OPERATE SERVICES, SERVER, FAILURE OF ANY SERVICE PROVIDER, OR TELECOMMUNICATIONS CARRIER, OR ANY DAMAGE AS A RESULT OF CLIENT’S NEGLIGENCE, OR NEGLIGENCE BY ANY OTHER THIRD PARTY. PROVIDER WILL NOT BE LIABLE FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION ANY SUPPORT OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY SUPPORT FEES RELATED TO THE USE OF HOSTING MANAGEMENT OR INABILITY SERVICING, INCLUDING BUT NOT LIMITED TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREINCYBER ATTACKS, DIGITAL ATTACKS, HACKING, PHISHING, DOMAIN ISSUES, IP ADDRESS ISSUES, PROXY ISSUES, BACKUPS, SECURITY PATCHES, OR E-MAIL ISSUES (UNLESS OTHERWISE NOTED IN CONNECTION WITH ANY PROVISION OF THIS SEPARATE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE). EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICE.INFORMATION

Limitations on Liability. IN NO EVENT WILL EITHER PARTY SHALL SELLOR OR ANY OF ITS RELATED PARTIES BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERSISE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, LOST REVENUES OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUEUSE OF THE PARTS OR ANY OTHER SPECIAL, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION INDIRECT OR LOSS OF CONFIDENTIAL CONSEQUENTIAL DAMAGES RESULTING FROM OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF ANY BREACH BY SELLER OR IN ANY WAY ITS RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION PARTIES OF THIS AGREEMENT, OTHER OBLIGATIONS OR DUTIES RELATING TO THIS TRANSACTION OR BUYER’S ORDERING, USING, OWNING OR DISPOSING OF THE PARTS, EVEN IF THE PARTY HAS SELLER OR ITS RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES. THE TOTAL LIABILITY OF SELLER AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING RELATED PARTIES TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE BUYER AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER OTHERS IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR OTHERWISESTRICT LIABILITY) OR OTHERWISE RESULTING FROM OR ARISING OUT OF ANY CAUSE WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OF BUYER’S PURCHASE, USE AND DISPOSITION OF ANY ITEM OF THE PARTS SHALL UNDER NO CIRCUMSTANCE EXCEED THE PURCHASE PRICE PAID FOR THE ITEM BY BUYER. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OF BUYER’S PURCHASE OF THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE PARTS MAY BE BROUGHT AGAINST SELLER OR ANY FEE YOU PAID FOR OF ITS RELATED PARTIES MORE THAN ONE (1) YEAR AFTER THE SERVICECAUSE OF ACTION ACCRUES.

Limitations on Liability. IN NO EVENT WILL EITHER SUBJECT TO SECTION 2.1 HEREOF WITH RESPECT TO ANY LIABILITY THAT ACCRUED UNDER THE ORIGINAL AGREEMENTS PRIOR TO THE CLOSING DATE, NEITHER PARTY SHALL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY SPECIALINDIRECT, INCIDENTAL, INDIRECTSPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDINGDAMAGES, LOST PROFITS OR LOST DATA. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, BUT NOT LIMITED TOSUBJECT TO SECTION 2.1 HEREOF WITH RESPECT TO ANY LIABILITY THAT ACCRUED PRIOR TO THE CLOSING DATE, DAMAGES FOR LOSS THE TOTAL LIABILITY OF PROFITSEMD SERONO TO THERA UNDER, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OF, OR IN ANY WAY RELATED TO CONNECTION WITH THIS AGREEMENT AND THE USE OF OR INABILITY TO USE TRANSACTIONS CONTEMPLATED HEREBY, SHALL NOT EXCEED [REDACTED: Amount] IN THE SOFTWARE OR DOCUMENTATION PROVIDED HEREINAGGREGATE FOR ALL CLAIMS, EXCEPT FOR (A) CLAIMS FOR EQUITABLE RELIEF, (B) CLAIMS BASED UPON, ARISING OUT OF, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENTFRAUD OR WILLFUL MISREPRESENTATION BY EMD SERONO, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISEC) CLAIMS BASED UPON, ARISING OUT OF OF, OR IN CONNECTION WITH A BREACH BY EMD SERONO OF ITS OBLIGATIONS UNDER SECTION 9.8, WHERE, IN ALL SUCH EVENTS, THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME LIABILITY OF EMD SERONO SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR BE SUBJECT TO ANY FEE YOU PAID FOR THE SERVICELIMIT.

Limitations on Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR NONCONFORMING PRODUCTS IS THE REPLACEMENT OF THE PRODUCTS OR THE REFUND OF THE PURCHASE PRICE PAID, WHICHEVER OPTION MWV SELECTS. MWV’S LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RESULTING FROM OR IN ANY WAY CONNECTED TO THE ORDER SHALL NOT EXCEED CUSTOMER’S PURCHASE PRICE FOR THE PARTICULAR PRODUCTS OR SERVICES UPON WHICH SUCH LIABILITY IS BASED, REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN CONTRACT, BREACH OF WARRANTY, TORT, STRICT LIABILITY OR UNDER ANY OTHER LEGAL THEORY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECTCONSEQUENTIAL, EXEMPLARY, MULTIPLE OR CONSEQUENTIAL OTHER INDIRECT DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES OR FOR LOSS OF PROFITS, LOSS OF REVENUEDATA OR LOSE OF USE DAMAGES, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN THIS ORDER, HOWEVER CAUSED AND ON ANY WAY RELATED TO THE USE THEORY OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF LIABILITY. THIS AGREEMENT, LIMITATION APPLIES EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICEDAMAGES.

Limitations on Liability. IN NO EVENT WILL EITHER PARTY SHALL ANY MEMBER OF THE CORPORATION BE LIABLE TO ANY OTHER MEMBER OR THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDINGRESULTING FROM ITS PERFORMANCE OR NON-PERFORMANCE UNDER MEMBERSHIP AGREEMENT, BUT NOT LIMITED TOARTICLES OF INCORPORATION, DAMAGES BYLAWS OR INTELLECTUAL PROPERTY RIGHTS POLICY, FOR LOSS THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOSS OF REVENUEUSE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTIONOR ANY INCIDENTAL, FOR PERSONAL INJURYCONSEQUENTIAL, FOR LOSS OF PRIVACY ARISING OUT OF INDIRECT, OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREINSPECIAL DAMAGES WHETHER UNDER CONTRACT, TORT, WARRANTY, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT A MEMBER OF THE CORPORATION IS ENTITLED TO RECOVER ACTUAL, DIRECT DAMAGES AND EVEN IF FROM ANOTHER MEMBER RELATED TO THAT MEMBER’S PERFORMANCE UNDER THE REMEDY FAILS MEMBERSHIP AGREEMENT, ARTICLES OF ITS ESSENTIAL PURPOSEINCORPORATION, BYLAWS, OR INTELLECTUAL PROPERTY RIGHTS POLICY, THEN IN SUCH INSTANCE, REGARDLESS OF THE BASIS ON WHICH A MEMBER MAY BE ENTITLED TO CLAIM DAMAGES FROM ANOTHER MEMBER, SUCH MEMBER IS LIABLE FOR NO MORE THAN SUCH ACTUAL DAMAGES FINALLY AWARDED BY A COURT, SUBJECT TO A CAP OF US$25,000 PER CLAIM. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2)HOWEVER, USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME THIS CAP SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE APPLY TO ANY CLAIMS, ALLEGED BY A MEMBER OR ANY FEE YOU PAID FOR THE SERVICENON-MEMBER, OF PATENT INFRINGEMENT, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT FINALLY ADJUDICATED BY A COURT OF LAW.

Limitations on Liability. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR NONCONFORMING PRODUCTS IS THE REPLACEMENT OF THE PRODUCTS OR THE REFUND OF THE PURCHASE PRICE PAID, WHICHEVER OPTION EXACTO SELECTS. EXACTO’S LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RESULTING FROM OR IN ANY WAY CONNECTED TO THE ORDER SHALL NOT EXCEED CUSTOMER’S PURCHASE PRICE FOR THE PARTICULAR PRODUCTS OR SERVICES UPON WHICH SUBH LIABILITY IS BASED, REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN CONTRACT, BREACH OF WARRANTY, TORT, STRICT LIABILITY OR UNDER ANY OTHER LEGAL THEORY. EXACTO’S TOTAL LIABILITY FOR ANY AND ALL CAUSES OF ACTION ASSOCIATED WITH THE ORDER OR PRODUCTS, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, THIRD PARTY INDEMNIFICATION CLAIMS, IS EXPRESSLY LIMITED TO $75,000 USD IN THE AGGREGATE. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECTCONSEQUENTIAL, EXEMPLARY, MULTIPLE OR CONSEQUENTIAL OTHER INDIRECT DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES OR FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION DATA OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATAUSE DAMAGES, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN THIS ORDER, HOWEVER CAUSED AND ON ANY WAY RELATED TO THE USE THEORY OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF LIABILITY. THIS AGREEMENT, LIMITATION APPLIES EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICEDAMAGES.

Limitations on Liability. Section 9.01. IN NO EVENT WILL EITHER SHALL ANY PARTY BE LIABLE TO ANY OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION TERMS OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR BUSINESS INTERRUPTION, EVEN IF THE INDEMNIFYING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. DAMAGES, BUT EXCEPT FOR BREACHES LOSS OR DAMAGE ARISING OUT OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2)SUCH INDEMNIFYING PARTY’S FRAUD, USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. IN ADDITION, WHETHER IN AN ACTION OR CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, UNDER NO CIRCUMSTANCE SHALL A PARTY’S TOTAL LIABILITY TO THE OTHER PARTY, OTHER THAN WITH RESPECT TO THE TOTAL LIABILITY OF ANY PARTY TO THE BACK-UP SERVICER, THE CUSTODIAN OR THE PAYING AGENT, ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED, IN CONNECTION WITH ANY TWELVE (12) MONTH PERIOD, AN AMOUNT EQUAL TO THE SOFTWARE AMOUNT PAID OR DOCUMENTATION FURNISHED TO BE PAID BY THE BORROWERS TO THE SERVICER HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME FOR SUCH TWELVE (12) MONTH PERIOD; PROVIDED, HOWEVER THAT NOTHING CONTAINED IN THIS SENTENCE SHALL BE CONSTRUED TO TIME SHALL NOT EXCEED LIMIT THE LICENSE FEE YOU PAID FOR LIABILITY OF A PARTY IN THE SOFTWARE CASE OF FRAUD BY, OR ANY FEE YOU PAID FOR THE SERVICEGROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF, SUCH PARTY OR ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS.

Limitations on Liability. IN NO EVENT WILL EITHER Neither Company nor Parent Bank shall have any duties or responsibilities hereunder other than those specifically set forth herein, and no implied obligations shall be read into this Agreement. Except for a breach of section 2.02, each waives and shall not assert, and shall cause its Affiliates to waive and not assert, claims against the other, its affiliates, and their respective employees arising in connection with any Transition Services, except for claims arising out of gross negligence or willful misconduct in the provision of any duties under this Agreement. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTALPUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (LOSSES OR DAMAGES, INCLUDING,W ITHOUT LIMITATION, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITSDATA, LOSS OF REVENUE, LOSS OF OPPORTUNITIESCUSTOMERS OR CLIENTS, LOSS OF REPUTATION/GOODWILL, BUSINESS OR LOSS OF PROFITS, DAMAGE TO OR LOSS OF ANY PROPERTY, ANY INTERRUPTION OR LOSS OF CONFIDENTIAL SERVICE, OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR ANY LOSS OF PRIVACY BUSINESS, HOWSOEVER CAUSED, OR ARISING OUT OF OR IN ANY WAY RELATED MANNER FROM THIS AGREEMENT AND THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, IN AMOUNT EXCEEDING THE FEES PAID BY PARENT BANK TO COMPANY FOR TRANSITION SERVICES UP UNTIL THE DATE OF SUCH OCCURRENCE, DIVIDED BY THE NUMBER OF DAYS FROM THE DATE OF THIS AGREEMENT TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY DATE OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2)OCCURRENCE, USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICEMULTIPLIED BY 365.

Limitations on Liability. EXCEPT FOR DAMAGES OR LOSSES ARISING FROM INFRINGEMENT OR MISAPPROPRIATION OF A PARTY’S INTELLECTUAL PROPERTY, IN NO EVENT WILL SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER EXEMPLARY DAMAGES, WHETHER ARISING IN CONTRACT (INCLUDINGINCLUDING WARRANTY), BUT NOT LIMITED TORT (INCLUDING ACTIVE, PASSIVE OR IMPUTED NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) OR OTHERWISE, LOSS OF USE, DAMAGE TO, DAMAGES FOR LOSS OF PROFITSOR CORRUPTION OF DATA, (WHETHER DIRECT OR INDIRECT, AND WHETHER OR NOT CONSITITUTING TANGIBLE PROPERTY DAMAGE), BUSINESS INTERRUPTION, LOSS OF REVENUE, LOSS OF OPPORTUNITIESPROFITS, ANTICIPATED SAVINGS, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND FINANCIAL LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF SUCH PARTY IS ADVISED OF THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME POSSIBILITY OF SUCH DAMAGES. F5'S TOTAL AGGREGATE LIABILITY TO TIME CUSTOMER UNDER THIS AGREEMENT SHALL NOT EXCEED THE LICENSE FEE YOU TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE SOFTWARE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. THE FOREGOING LIMITATIONS DO NOT APPLY TO ANY LIABILITY FOR DEATH OR BODILY INJURY ARISING OUT OF F5’S GROSS NEGLIGENCE OR WILFUL MISCONDUCT, OR TO ANY FEE YOU PAID FOR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED BY THE SERVICEGOVERNING LAW OF THIS AGREEMENT AS SET OUT IN SECTION 13.

Limitations on Liability. CLICKSWITCH AND ITS LICENSOR(S) SHALL IN NO EVENT WILL EITHER PARTY BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, INDIRECTCONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDINGPUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR TO LOSS OF PROFITSPROFIT, LOSS REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM (I) YOUR ACCESS OR USE OF REVENUETHE SERVICE OR THESE TERMS, LOSS (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE, (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SERVICES, (IV) ANY LATE PAYMENTS, PENALTIES OR OTHER LIABILITIES YOU MAY INCUR AS A RESULT OF OPPORTUNITIESMISSED OR LATE PAYMENTS THAT OCCUR IN CONNECTION WITH YOUR USE OF THE SERVICE, LOSS OF REPUTATION/GOODWILLINCLUDING FAILURE BY A BILLING ENTITY TO SWITCH YOUR ACCOUNTS, BUSINESS INTERRUPTION OR (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF CONFIDENTIAL YOUR TRANSMISSIONS OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EACH CASE EVEN IF THE PARTY CLICKSWITCH AND/OR ITS LICENSOR(S) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, CLICKSWITCH’S AND EVEN IF ITS LICENSOR’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE REMEDY FAILS FORM OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING THE ACTION, WILL AT ALL TIMES BE LIMITED TO GRANT OF LICENSE $500.00 (SECTION 2FIVE HUNDRED UNITED STATES DOLLARS), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICE.

Limitations on Liability. MHLLC’S TOTAL LIABILITY IN NO EVENT WILL EITHER PARTY CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE, ARISING IN CONNECTION WITH THE PERFORMANCE OR CONTEMPLATED PERFORMANCE OF THIS AGREEMENT, EXCEPT IN THE CASE OF MHLLC’S WILLFUL MISCONDUCT, SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE SUM OF THE PURCHASE PRICE PAID BY CUSTOMER FOR THE MAGNESPHERE HALO™, AND/OR STP’S FOR THE PRIOR SIX MONTHS. MHLLC SHALL NOT BE LIABLE TO CUSTOMER BY REASON OF ANY REPRESENTATION, MISREPRESENTATION OR ANY IMPLIED WARRANTY, CONDITION OR OTHER TERM OR ANY DUTY AT LAW, OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, INDIRECTPUNITIVE, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES LOSS OR DAMAGE OR FOR LOSS OF PROFITSPROFIT, LOSS OF REVENUEBUSINESS, DEPLETION OF GOODWILL OR SIMILAR LOSS OF OPPORTUNITIESOR COSTS, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL EXPENSES OR OTHER INFORMATION AND CLAIMS FOR ANY SUCH LOSS WHATSOEVER (WHETHER OR CORRUPTION NOT CAUSED BY THE NEGLIGENCE OF DATAMHLLC, FOR BUSINESS INTERRUPTIONITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF AGENTS OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING SUB-CONTRACTORS) WHICH ARISE OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICETHIS AGREEMENT. 7. CONFIDENTIALITY.

Limitations on Liability. IN NO EVENT WILL EITHER PARTY NEITHER SYBASE, ANY GROUP COMPANY OF SYBASE, NOR ANY OF ITS LICENSORS SHALL BE LIABLE FOR UNDER OR IN CONNECTION WITH THIS AGREEMENT (WHETHER ARISING UNDER ANY SPECIALINDEMNITY IN THIS AGREEMENT, INCIDENTALIN CONTRACT, INDIRECTTORT, BREACH OF WARRANTY, CLAIMS BY THIRD PARTIES OR CONSEQUENTIAL DAMAGES WHATSOEVER OTHERWISE) FOR: (INCLUDINGi) ANY LOSS OR INACCURACY OF DATA, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS RESULTING FROM BUSINESS DISRUPTION, LOSS OF CONTRACTS, LOSS OF REVENUE, LOSS OF OPPORTUNITIESANTICIPATED SAVINGS, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION LOST OR LOSS WASTED MANAGEMENT TIME OR TIME OF CONFIDENTIAL OTHER EMPLOYEES OR OTHER INFORMATION AND LOSS CONTRACTORS OR CORRUPTION OF DATA(ii) INDIRECT, FOR BUSINESS INTERRUPTIONSPECIAL, FOR PERSONAL INJURYINCIDENTAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES. THE TOTAL LIABILITY OF SYBASE AND EVEN ITS GROUP COMPANIES, IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISEANY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SOFTWARE PROGRAM OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME RELATED SERVICES SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LICENSE FEE YOU OR SERVICE FEES PAID FOR THE PROGRAM OR SERVICES GIVING RISE TO THE CLAIM. LICENSORS OF SOFTWARE OR ANY FEE YOU PAID COMPONENTS INCLUDED IN SYBASE PRODUCTS SHALL NOT BE LIABLE FOR THE SERVICEDIRECT DAMAGES.

Limitations on Liability. IN NO EVENT WILL EITHER PARTY SILVERSTREAM'S LICENSORS SHALL NOT BE LIABLE FOR DIRECT DAMAGES AND SILVERSTREAM SHALL NOT BE LIABLE FOR DIRECT DAMAGES ARISING FROM ANY SOFTWARE PRODUCT OR RELATED SERVICE BEYOND THE AMOUNT YOU PAID FOR SUCH SOFTWARE PRODUCT OR RELATED SERVICE. NEITHER SILVERSTREAM, ITS SUBSIDIARIES NOR ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR INDIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENTEXEMPLARY DAMAGES, EVEN IF THE SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS DAMAGES. NEITHER SILVERSTREAM NOR ANY OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2)SUBSIDIARIES TOTAL LIABILITY, USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISEIF ANY, ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH YOUR USE OF THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME RELATED SERVICES SHALL NOT EXCEED THE LICENSE FEE FEES PAID BY YOU PAID FOR THE AFFECTED SOFTWARE OR ANY FEE YOU PAID FOR RELATED SERVICE(S) GIVING RISE TO THE SERVICECLAIM. THE FOREGOING RESTRICTIONS, DISCLAIMERS AND LIMITATIONS SHALL REMAIN IN FORCE EVEN IN THE EVENT OF A FUNDAMENTAL BREACH BY SILVERSTREAM OR A BREACH BY SILVERSTREAM OF A CONDITION OR FUNDAMENTAL TERM HEREUNDER. Some jurisdictions do not allow the exclusion or limitation of indirect, special, incidental, consequential or exemplary damages or the limitation of liability to specified amounts, so the above limitations or exclusions may not apply to you.

Limitations on Liability. Unless otherwise required by applicable law, we are only responsible for performing Services as expressly stated in this Agreement and will only be liable for material losses incurred by you to the extent such losses directly result from our gross negligence or intentional misconduct. IN NO EVENT WILL EITHER WE OR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIALCONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOSS OF DATA, FILES, PROFIT OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE), INDIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY PUNITIVE DAMAGES, WHETHER IN ACTION UNDER CONTRACT, TORT NEGLIGENCE OR OTHERWISEANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ANY SERVICES, OR THE SOFTWARE INABILITY TO USE THE SERVICES, IRRESPECTIVE OF WHETHER WE HAVE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME HAVE NOT BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF US FOR ALL CLAIMS ARISING OUT OF OR RELATING TO TIME THIS AGREEMENT, REGARDLESS OF THE FORM OR CAUS E OF ACTION, SHALL NOT EXCEED BE THE LICENSE FEE LESSER OF THE AMOUNT YOU PAID FOR THE SOFTWARE OR ANY FEE YOU ORIGINALLY PAID FOR THE SERVICE, PRODUCTS OR MATERIALS OR $15,000. You agree to cooperate with us in any loss recovery efforts we undertake to reduce any loss or liability that arises in connection with the Services. You acknowledge that Service fees have been established in contemplation of: (A) these limitations on our liability, (B) Your agreement to review statements, confirmations, and notices promptly and to notify us immediately of any discrepancies or problems; and (C) Your agreement to assist us in any loss recovery effort. We will not be obligated to honor, in whole or in part, any transaction or instruction or Communication which: • Is not in accordance with any term or condition applicable to th e relevant Service or Account; • We have reason to believe may not be authorized by you or any third person whose authorization we believe is necessary or involves funds subject to hold, dispute, restriction or legal process we believe prevents their withdrawal, transfer or availability; • Would result in us exceeding any limitation of our net funds position established pursuant to present or future Federal Reserve guidelines; • Would violate any applicable law, rule or regulation, or any guidance or direc tive of any federal or state regulatory authority; • Is not in accordance with any other requirement of our applicable policies, procedures or practices; or • We have reasonable cause not to honor for our or your protection.

Limitations on Liability. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY AND NOTWITHSTANDING ANYTHING PROVIDED FOR UNDER APPLICABLE LAW TO THE CONTRARY, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTALTREBLE, INDIRECTPUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY AMOUNTS REPRESENTING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION PROFITS OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATABUSINESS, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR INCLUDING ANY SUCH DAMAGES RESULTING FROM DELAYS IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREINDELIVERY, OR OTHERWISE IN CONNECTION WITH FAILURE TO DELIVER, ANY PROVISION PRODUCT, REGARDLESS OF THIS AGREEMENT, EVEN IF THE WHETHER THAT FIRST PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH THOSE DAMAGES (IN EACH CASE, OTHER THAN ANY SHORTFALL PAYMENTS PAYABLE UNDER THIS AGREEMENT AND EVEN IF EXCLUDED CLAIMS). NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT CONTRARY AND NOTWITHSTANDING ANYTHING PROVIDED FOR BREACHES OF SECTIONS PERTAINING UNDER APPLICABLE LAW TO GRANT OF LICENSE (SECTION 2)THE CONTRARY, USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LMIC’S AGGREGATE LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH UNDER THIS AGREEMENT WILL BE LIMITED TO THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME NET AMOUNTS ACTUALLY PAID BY ISOLOGIC TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICELMIC UNDER THIS AGREEMENT.

Limitations on Liability. IN SUBJECT TO AND WITHOUT LIMITING THE INDEMNIFICATION OBLIGATIONS OF EACH PARTY WITH RESPECT TO THIRD PARTY ACTIONS UNDER SECTIONS 12.1 AND 12.2, AND EXCEPT WITH RESPECT TO LIABILITY ARISING FROM BREACH OF SECTION 9.1 BY A PARTY, NO EVENT PARTY OR ANY OF ITS AFFILIATES WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES UNDER ANY CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, INDIRECTPUNITIVE, MULTIPLIED OR CONSEQUENTIAL DAMAGES, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, OTHER DAMAGES FOR LOSS OF PROFITSPROFIT, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION SALES OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISEFEES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER. FURTHER, SUBJECT TO AND WITHOUT LIMITING THE SOFTWARE INDEMNIFICATION OBLIGATIONS OF EACH PARTY WITH RESPECT TO THIRD PARTY ACTIONS UNDER SECTIONS 12.1 AND 12.2, AND EXCEPT WITH RESPECT TO LIABILITY ARISING FROM BREACH OF SECTION 9.1 BY A PARTY OR DOCUMENTATION FURNISHED HEREUNDER ARISING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A PARTY, EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER PARTY FOR ALL CASES AND ANY CONTROVERSIES ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION AND WHETHER BROUGHT IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WILL BE LIMITED TO $[***]. THE AMOUNT OF SERVICE SUPPLIED FROM TIME FEES AND MILESTONE PAYMENTS PAID OR DUE TO TIME SHALL COMPANY UNDER THIS AGREEMENT WILL NOT EXCEED BE INCLUDED IN THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICECALCULATION OF SUCH AGGREGATE LIABILITY AMOUNT.

Limitations on Liability. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, COUNTY AGREES THAT THE ENTIRE AND COLLECTIVE LIABILITIES OF CONTRACTOR AND OF ITS AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND SHAREHOLDERS AND OF ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS (TOGETHER “SERVICE PROVIDERS” FOR THE PURPOSES OF THIS SECTION 11) AND COUNTY’S EXCLUSIVE REMEDY WITH RESPECT TO THE ADDITIONAL SOFTWARE AND THE ADDITIONAL SUPPORT AND ANY OTHER PRODUCTS, MATERIALS OR SERVICES SUPPLIED BY CONTRACTOR OR BY ITS AFFILIATES OR BY ITS SERVICE PROVIDERS IN CONNECTION WITH THIS AMENDMENT 9 FOR DAMAGES FOR ANY CAUSE AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING FUNDAMENTAL BREACH OR NEGLIGENCE, SHALL BE LIMITED TO ACTUAL DIRECT AND PROVEN DAMAGES AND SHALL NOT EXCEED IN THE AGGREGATE, THE FOLLOWING: (I) IN THE CASE OF LICENSED ADDITIONAL SOFTWARE, THE LICENSE FEES PAID BY COUNTY TO CONTRACTOR UNDER THIS AMENDMENT 9; (II) IN THE CASE OF SOFTWARE-BY-SUBSCRIPTION, THE ANNUAL SUBSCRIPTION FEES PAID BY COUNTY TO CONTRACTOR DURING THE THEN- CURRENT SOFTWARE-BY-SUBSCRIPTION TERM (AND IN NO EVENT WILL EITHER PARTY BEING GREATER THAN 12 MONTHS); AND (III) IN RESPECT OF THE ADDITIONAL SUPPORT, THE SUPPORT FEES PAID BY COUNTY TO CONTRACTOR DURING THE THEN- CURRENT SUPPORT TERM (AND IN NO EVENT BEING GREATER THAN 12 MONTHS). THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY IN THE EVENT OF CONTRACTOR’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. COUNTY FURTHER AGREES THAT IN NO EVENT SHALL CONTRACTOR, OR ITS AFFILIATES OR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND SHAREHOLDERS OR ITS SERVICE PROVIDERS BE LIABLE LIABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING FUNDAMENTAL BREACH OR NEGLIGENCE, FOR ANY SPECIALINDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, INDIRECTSPECIAL, OR CONSEQUENTIAL EXEMPLARY DAMAGES WHATSOEVER (INCLUDINGWHATSOEVER, BUT NOT LIMITED TO, DAMAGES INCLUDING WITHOUT LIMITATION FOR LOSS OF LOST PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIESFAILURE TO REALIZE ANTICIPATED SAVINGS, LOST OR DAMAGED DATA, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OPPORTUNITIES OR LOSS OF CONFIDENTIAL REPUTATION, OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATAECONOMIC LOSS, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION PROVIDED HEREIN, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF THE PARTY IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGES, OR SUCH LOSSES OR DAMAGES AND EVEN IF ARE FORESEEABLE. IN THE REMEDY FAILS EVENT OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (CONFLICT OR INCONSISTENCY BETWEEN THIS SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER 12 AND ANY SERVICE SUPPLIED FROM TIME TO TIME OTHER PROVISION IN THE MASTER AGREEMENT, THIS SECTION 12 SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICEPREVAIL.

Limitations on Liability. IN NO EVENT WILL EITHER PARTY SHALL THE INFOSTRUCTURE GROUP BE LIABLE FOR ANY SPECIALINDIRECT, INCIDENTAL, INDIRECTEXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL SIMILAR DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION/GOODWILL, BUSINESS INTERRUPTION OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION AND LOSS OR CORRUPTION OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE EQUIPMENT, THE SERVICES, OR YOUR USE OF OR INABILITY TO USE THE SOFTWARE FOREGOING, INCLUDING LOST BUSINESS OR DOCUMENTATION PROVIDED HEREINPROFITS, BUSINESS INTERRUPTION OR DOWNTIME, LOSS OF INFORMATION OR DATA, OR OTHERWISE IN CONNECTION WITH ANY PROVISION COST OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS OR SERVICES. THE TOTAL CUMULATIVE LIABILITY OF THE INFOSTRUCTURE GROUP ARISING OUT OF AND RELATED TO THIS AGREEMENT, THE EQUIPMENT, THE SERVICES, AND YOUR USE OF OR INABILITY TO USE THE FOREGOING SHALL NOT, REGARDLESS OF THE NUMBER OF INCIDENTS OR CAUSES GIVING RISE TO ANY SUCH LIABILITY, EXCEED THE LESSER OF: (A) THE FEES PAID BY CUSTOMER TO INFOSTRUCTURE IN RESPECT OF THE EQUIPMENT AND SERVICES GIVING RISE TO THE CLAIM(S); OR (B) THE TOTAL FEES PAID BY CUSTOMER TO INFOSTRUCTURE UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE FIRST SUCH CLAIM. THE LIMITATIONS ON LIABILITY IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, REGARDLESS OF THE CAUSE OF ACTION OR BASIS OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, INDEMNITY OR OTHERWISE), EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES. THESE LIMITATIONS ON LIABILITY ARE AN ESSENTIAL PART OF THIS AGREEMENT, AND SHALL BE VALID AND BINDING EVEN IF THE ANY REMEDY FAILS IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. EXCEPT FOR BREACHES OF SECTIONS PERTAINING TO GRANT OF LICENSE (SECTION 2), USE OF SOFTWARE AND DOCUMENTATION (SECTION 4), COPY RESTRICTIONS AND OTHER RESTRICTIONS (SECTION 5), YOUR CONFIDENTIAL INFORMATION (SECTION 8) AND EXPORT (13), YOUR LIABILITY , WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER AND ANY SERVICE SUPPLIED FROM TIME TO TIME SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE SOFTWARE OR ANY FEE YOU PAID FOR THE SERVICE.