Common use of Limited Liability Clause in Contracts

Limited Liability. UNDER NO CIRCUMSTANCE SHALL STRAD BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, THE COST OF LABOUR, REQUALIFICATION, REWORK, DELAY, LOST PROFITS, OR LOSS OF GOODWILL ARISING OUT OF THE SALE, INSTALLATION OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR BREACH OF CONTRACT, BREACH OF ANY IMPLIED CONDITION, WARRANTY OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACT.

Limited Liability. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, BUT SUBJECT TO THE MAXIMUM EXTENT PERMITTED UNDER NO CIRCUMSTANCE SHALL STRAD BE LIABLE APPLICABLE LAW, WITH RESPECT TO PURCHASER OR ANY OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, THE COST SUBJECT MATTER OF LABOUR, REQUALIFICATION, REWORK, DELAY, LOST PROFITS, OR LOSS OF GOODWILL ARISING OUT OF THE SALE, INSTALLATION OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR BREACH OF CONTRACT, BREACH OF ANY IMPLIED CONDITION, WARRANTY OR REPRESENTATION, TORT THIS AGREEMENT OR UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHER THEORY LEGAL OR EQUITABLE THEORY, (A) NEITHER RIVERBED NOR ANY OF LAW ITS AFFILIATES OR SUPPLIERS IS LIABLE FOR (I) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, CONTRACTS, BUSINESS, REVENUES, GOODWILL OR REPUTATION, (II) COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, OR (III) LOSS OR CORRUPTION OF DATA, INTERRUPTION OF USE, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM CUSTOMER’S USE OF (OR INABILITY TO ACCESS OR USE) ANY PRODUCT OR SERVICE, AND (B) THE AGGREGATE LIABILITY OF STRAD TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES RIVERBED AND ITS AFFILIATES AND SUPPLIERS WILL NOT EXCEED THE AGGREGATE FEES RECEIVED BY RIVERBED FROM CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE MONTH PERIOD PRIOR TO THE CONTRACTUAL VALUE DATE THE CAUSE OF ACTION AROSE. THE FOREGOING LIMITATION IS CUMULATIVE, WITH ALL CLAIMS BEING AGGREGATED TO DETERMINE SATISFACTION OF THE GOODS, PRODUCTS LIMIT. THE EXISTENCE OF ONE OR SERVICES THAT ARE MORE CLAIMS WILL NOT ENLARGE THE SUBJECT LIMIT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF RIVERBED IS INFORMED OF THE SPECIFIC ORDER RELATING TO POSSIBILITY OF SUCH DAMAGES. THE GOODS, PRODUCTS ARE NOT DESIGNED FOR USE IN ANY DEVICE OR SERVICES TO SYSTEM IN WHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE A MALFUNCTION OF THE CAUSE, THAT MAY PRODUCT WOULD RESULT FROM THE USE IN FORESEEABLE RISK OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH TO ANY PERSON. THIS INCLUDES OPERATION OF NUCLEAR FACILITIES, LIFE-SUPPORT SYSTEMS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS AND AIR TRAFFIC CONTROL. NEITHER RIVERBED NOR ANY PERSON OF ITS AFFILIATES IS LIABLE FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL OR FOR DAMAGE TO OR DESTRUCTION ANY ALLOCATION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR PRODUCTS BETWEEN ITS CUSTOMERS IN ANY WAY ARISING OUT THE EVENT OF A SHORTAGE. THIS CONTRACTSECTION DOES NOT LIMIT LIABILITY FOR BODILY INJURY OF A PERSON.

Limited Liability. UNDER NO CIRCUMSTANCE SHALL STRAD TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE OXFORD GROUP WILL NOT BE LIABLE TO PURCHASER CUSTOMER, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, FOR ANY LOSS OF PROFIT OR SAVINGS OR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND HOWSOEVER ARISING (WHETHER IN TORT (INCLUDING FROM OXFORD’S NEGLIGENCE), IN CONTRACT, UNDER STATUTE OR OTHERWISE). SUBJECT TO SECTIONS 10.2, 10.3, 10.4 and 10.5, IN ALL EVENTS, THE MAXIMUM DAMAGES OF ANY TYPE FOR WHICH THE OXFORD GROUP SHALL BE LIABLE UNDER THIS AGREEMENT FOR CUSTOMER’S USE OF THE GOODS AND SOFTWARE IS LIMITED TO THE AMOUNT OF FEES PAID BY CUSTOMER TO OXFORD UNDER THE APPLICABLE ORDER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY. HOWEVER, THESE PROVISIONS DO NOT LIMIT OXFORD’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY XXXXXX’S GROSS NEGLIGENCE OR FRAUD, FRAUDULENT MISREPRESENTATION OR ANY OTHER PARTY FOR ANY INCIDENTALLIABILITY THAT CANNOT BE EXCLUDED BY LAW. Any action for breach of this Agreement or claim for indemnification must be commenced within one year of delivery of the Goods or Software to the carrier, CONSEQUENTIALfollowing which Customer covenants not to bring or permit the making of any claim, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, THE COST OF LABOUR, REQUALIFICATION, REWORK, DELAY, LOST PROFITS, OR LOSS OF GOODWILL ARISING OUT OF THE SALE, INSTALLATION OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR BREACH OF CONTRACT, BREACH OF ANY IMPLIED CONDITION, WARRANTY OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTaction or proceeding in connection with this Agreement or its subject matter.

Limited Liability. UNDER ALL PRODUCTS AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF JETBRAINS UPLOADS SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO CIRCUMSTANCE SHALL STRAD BE LIABLE WARRANTY AS TO PURCHASER ITS USE OR ANY OTHER PARTY FOR ANY INCIDENTALPERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONSEQUENTIALJETBRAINS, INDIRECTAND ITS SUPPLIERS AND RESELLERS, SPECIAL DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR PUNITIVE DAMAGESIMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO JETBRAINS UPLOADS SERVICE, AND THE COST PROVISION OF LABOUROR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, REQUALIFICATIONWHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, REWORKAGENTS, DELAYDIRECTORS, LOST PROFITSAND EMPLOYEES) DOES NOT WARRANT THAT JETBRAINS UPLOADS SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT JETBRAINS UPLOADS SERVICE WILL MEET USER’S REQUIREMENTS; THAT JETBRAINS UPLOADS SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT JETBRAINS UPLOADS SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF JETBRAINS UPLOADS SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF GOODWILL ARISING OUT OF THE SALE, INSTALLATION OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR BREACH OF CONTRACT, BREACH OF ANY IMPLIED CONDITION, WARRANTY OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES DATA THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH RESULTS FROM SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTDOWNLOAD.

Limited Liability. UNDER ALL PRODUCTS AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH- OUT WARRANTIES. USE OF JETBRAINS UPLOADS SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO CIRCUMSTANCE SHALL STRAD BE LIABLE WARRANTY AS TO PURCHASER ITS USE OR ANY OTHER PARTY FOR ANY INCIDENTALPERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICA- BLE LAW, CONSEQUENTIALJETBRAINS, INDIRECTAND ITS SUPPLIERS AND RESELLERS, SPECIAL DISCLAIM ALL WARRANTIES AND CONDI- TIONS, EITHER EXPRESS OR PUNITIVE DAMAGESIMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MER- CHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO JETBRAINS UPLOADS SERVICE, AND THE COST PROVISION OF LABOUROR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, REQUALIFICATIONWHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, REWORKAGENTS, DELAYDI- RECTORS, LOST PROFITSAND EMPLOYEES) DOES NOT WARRANT THAT JETBRAINS UPLOADS SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT JETBRAINS UPLOADS SERVICE WILL MEET USER’S REQUIREMENTS; THAT JETBRAINS UPLOADS SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTER- RUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT JETBRAINS UP- LOADS SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWN- LOADED OR OTHERWISE OBTAINED THROUGH THE USE OF JETBRAINS UPLOADS SERVICE ARE DOWN- LOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROP- ERTY OR LOSS OF GOODWILL ARISING OUT OF THE SALE, INSTALLATION OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR BREACH OF CONTRACT, BREACH OF ANY IMPLIED CONDITION, WARRANTY OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES DATA THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH RESULTS FROM SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTDOWNLOAD.

Limited Liability. UNDER IN NO CIRCUMSTANCE SHALL STRAD EVENT WILL ZELTIQ OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO PURCHASER FOR LOST PROFITS OR ANY OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, THE COST OF LABOUR, REQUALIFICATION, REWORK, DELAY, LOST PROFITS, OR LOSS OF GOODWILL CONSEQUENTIAL DAMAGES ARISING OUT OF THE SALE, INSTALLATION OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR RELATED TO THIS AGREEMENT (WHETHER FROM BREACH OF CONTRACT, BREACH OF ANY IMPLIED CONDITIONWARRANTY, WARRANTY OR REPRESENTATIONFROM NEGLIGENCE, TORT STRICT LIABILITY, OR UNDER ANY OTHER THEORY FORM OF LAW ACTION), EVEN IF ZELTIQ HAS BEEN ADVISED OF THE AGGREGATE POSSIBILITY OF SUCH DAMAGES, OTHER THAN FOR FRAUD OR WILLFUL MISCONDUCT. THIS LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF STRAD TO PURCHASER SHALL BE LIMITED IN RESPECT ESSENTIAL PURPOSE OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLELIMITED REMEDY HEREIN. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE OTHER THAN WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE RESPECT TO ANY WELLLIABILITY FOR FRAUD OR WILLFUL MISCONDUCT, IRRESPECTIVE OF THE CAUSEIN NO EVENT WILL ZELTIQ’S AGGREGATE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO CUMULATIVE LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF OR RELATED TO THIS CONTRACTAGREEMENT EXCEED THE SUM OF ALL FEES ACTUALLY PAID TO ZELTIQ BY DISTRIBUTOR PURSUANT TO SECTION 4 DURING THE ONE (1) YEAR PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. THIS LIMITATION OF LIABILITY IS CUMULATIVE, WITH ALL PAYMENTS BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF TWO OR MORE CLAIMS OR SUITS WILL NOT ENLARGE THIS LIMIT. IN NO EVENT WILL ZELTIQ HAVE ANY LIABILITY WHATSOEVER UNDER THIS AGREEMENT TO CUSTOMERS. THE PARTIES ACKNOWLEDGE THAT THE PRICES SPECIFIED IN THIS AGREEMENT REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT ZELTIQ WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THE FOREGOING LIMITATIONS OF ITS LIABILITY AND THE WARRANTY DISCLAIMERS CONTAINED HEREIN.

Limited Liability. UNDER IN NO CIRCUMSTANCE SHALL STRAD EVENT WILL EITHER PARTY OR ANY OF ITS AFFILIATES, SUBSIDIARIES, OR LICENSORS BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, INDIRECTMULTIPLIED, SPECIAL ENHANCED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TOINCLUDING, THE COST WITHOUT LIMITATION, LOSS ******* - Material has been omitted and filed separately with the Commission. OF LABOURREVENUE, REQUALIFICATION, REWORK, DELAY, LOST PROFITS, OR LOSS OF GOODWILL ARISING OUT GOODWILL, BUSINESS INTERRUPTION, OR LOST IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCT, REGARDLESS OF THE SALEFORM OF ACTION, INSTALLATION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR USE OTHERWISE, EVEN IF SUCH PARTY, ITS AFFILIATES, ITS SUBSIDIARIES, OR ITS LICENSORS HAVE BEEN ADVISED OF THE GOODSPOSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY IN THOSE JURISDICTIONS. IF STRAD HAS ANY CLAIM IS MADE AGAINST A PARTY, INCLUDING WITHOUT LIMITATION CLAIMS AS A RESULT OF THE SUBSTANTIAL NONCONFORMANCE OF THE SOFTWARE TO THE DOCUMENTATION OR OTHERWISE, THE PARTY’S TOTAL LIABILITY FOR BREACH DAMAGES WILL BE LIMITED, IN THE AGGREGATE, TO ITS ACTUAL DIRECT DAMAGES, AND IN ANY EVENT WILL NOT EXCEED THE TOTAL OF CONTRACT, BREACH ALL AMOUNTS MEDQUIST IS OBLIGATED TO PAY NUANCE UNDER THIS AGREEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF ANY IMPLIED CONDITION, WARRANTY LIABILITY FOR CERTAIN TYPES OF DAMAGE OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CERTAIN CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR SO SUCH LIMITATION MAY NOT APPLY IN ANY WAY ARISING OUT OF THIS CONTRACTSUCH JURISDICTION.

Limited Liability. UNDER JETBRAINS EXCEPTION ANALYZER SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF JETBRAINS EXCEPTION ANALYZER SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO CIRCUMSTANCE SHALL STRAD BE LIABLE WARRANTY AS TO PURCHASER ITS USE OR ANY OTHER PARTY FOR ANY INCIDENTALPERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONSEQUENTIALJETBRAINS, INDIRECTAND ITS SUPPLIERS AND RESELLERS, SPECIAL DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR PUNITIVE DAMAGESIMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO JETBRAINS EXCEPTION ANALYZER SERVICE, AND THE COST PROVISION OF LABOUROR FAILURE TO PROVIDE TECHNICAL SUPPORT. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, REQUALIFICATIONWHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, REWORKAGENTS, DELAYDIRECTORS, LOST PROFITSAND EMPLOYEES) DOES NOT WARRANT THAT JETBRAINS EXCEPTION ANALYZER SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT JETBRAINS EXCEPTION ANALYZER SERVICE WILL MEET USER’S REQUIREMENTS; THAT JETBRAINS EXCEPTION ANALYZER SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT JETBRAINS EXCEPTION ANALYZER SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF JETBRAINS EXCEPTION ANALYZER SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF GOODWILL ARISING OUT OF THE SALE, INSTALLATION OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR BREACH OF CONTRACT, BREACH OF ANY IMPLIED CONDITION, WARRANTY OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES DATA THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH RESULTS FROM SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTDOWNLOAD.

Limited Liability. UNDER JETBRAINS INTERNAL SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF JETBRAINS INTERNAL SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO CIRCUMSTANCE SHALL STRAD BE LIABLE WARRANTY AS TO PURCHASER ITS USE OR ANY OTHER PARTY FOR ANY INCIDENTALPERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONSEQUENTIALJETBRAINS, INDIRECTAND ITS SUPPLIERS AND RESELLERS, SPECIAL DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR PUNITIVE DAMAGESIMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO JETBRAINS INTERNAL SERVICE, AND THE COST PROVISION OF LABOUROR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, REQUALIFICATIONWHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, REWORKAGENTS, DELAYDIRECTORS, LOST PROFITSAND EMPLOYEES) DOES NOT WARRANT THAT JETBRAINS INTERNAL SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT JETBRAINS INTERNAL SERVICE WILL MEET USER’S REQUIREMENTS; THAT JETBRAINS INTERNAL SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT JETBRAINS INTERNAL SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF JETBRAINS INTERNAL SERVICE ARE DOWNLOADED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF GOODWILL ARISING OUT OF THE SALE, INSTALLATION OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR BREACH OF CONTRACT, BREACH OF ANY IMPLIED CONDITION, WARRANTY OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES DATA THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH RESULTS FROM SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTDOWNLOAD.

Limited Liability. UNDER YOU UNDERSTAND THAT THERE ARE RISKS ASSOCIATED WITH USING THE INTERNET AND/OR A MOBILE DEVICE, AND THAT IN THE EVENT OF THEFT OR LOSS, YOUR CONFIDENTIAL INFORMATION COULD BE COMPROMISED. IN NO CIRCUMSTANCE SHALL STRAD EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR ANY INCIDENTALCONSEQUENTIAL (INCLUDING, CONSEQUENTIALWITHOUT LIMITATION, LOSS OF DATA, FILES, PROFIT, OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE OF GOODS OR THE ONLINE BANKING SERVICE), INDIRECT, SPECIAL INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE ONLINR BANKING SERVICE EVEN IF YOU, BANK, OR BANK’S SERVICE PROVIDER HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ALLOWED BY LAW, THE AGGREGATE LIABILITY OF BANK AND OUR THIRD PARTY SERVICE PROVIDERS UNDER THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND DOLLARS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED BY BANK ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, BANK MAKES NO, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT, WHATSOEVER TO YOU OR TO ANY OTHER PERSON AS TO THE SERVICES OR ANY ASPECT THEREOF, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, OR SUITABILITY. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR ANY SERVICES TO BE PERFORMED PURSUANT HERETO. BANK MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, TO YOU AS TO ANY DEVICE HARDWARE, SOFTWARE, OR EQUIPMENT USED IN CONNECTION WITH THE SERVICE (INCLUDING, WITHOUT LIMITATION, YOUR DEVICE OR RELATED EQUIPMENT, YOUR SOFTWARE, OR YOUR SERVICE PROVIDER OR ITS EQUIPMENT), OR AS TO THE SUITABILITY OR COMPATIBILITY OF BANK’S SOFTWARE, INTERNET DELIVERED SERVICE, EQUIPMENT OR COMMUNICATION INTERFACES WITH THOSE THAT YOU USE, OR AS TO WHETHER ANY SOFTWARE OR INTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, INCLUDING (BUT NOT LIMITED TO) ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BANK SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERRORS OR FAILURES RESULTING FROM DEFECTS IN OR MALFUNCTIONS OF YOUR DEVICE HARDWARE OR SOFTWARE, FOR THE COST QUALITY OF LABOUR, REQUALIFICATION, REWORK, DELAY, LOST PROFITSPERFORMANCE OR LACK OF PERFORMANCE OF ANY SOFTWARE OR HARDWARE OR INTERNET DELIVERED SERVICES SUPPLIED BY BANK TO YOU IN CONNECTION WITH THIS AGREEMENT, OR LOSS FOR THE TRANSMISSION OR FAILURE OF GOODWILL ARISING OUT OF THE SALE, INSTALLATION OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR BREACH OF CONTRACT, BREACH TRANSMISSION OF ANY IMPLIED CONDITION, WARRANTY INFORMATION FROM YOU TO BANK OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD FROM BANK TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLEYOU. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS BANK SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR NOTIFYING YOU OF ANY SURFACE UPGRADES OR SUBSURFACE DAMAGE ENHANCEMENTS TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY YOUR DEVICE HARDWARE OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTSOFTWARE.

Limited Liability. UNDER TO THE EXTENT PERMITTED BY LAW, IN NO CIRCUMSTANCE EVENT SHALL STRAD SELLER OR ITS SUPPLIERS BE LIABLE TO PURCHASER OR ANY OTHER THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, THE COST OF LABOUR, REQUALIFICATION, REWORK, DELAYSERVICES, LOST PROFITS, DATA OR LOSS BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF GOODWILL ANY KIND ARISING OUT OF OR IN CONNECTION WITH, WITHOUT LIMITATION, THE SALESALE OF THE COVERED ***Confidential Treatment Requested*** HARDWARE OR SERVICE CONTRACT, INSTALLATION OR THE USE OF THE GOODS. IF STRAD HAS COVERED HARDWARE, THE ITEMS AND SERVICES PROVIDED HEREUNDER, SELLER’S PERFORMANCE HEREUNDER OR ANY OF THESE TERMS AND CONDITIONS, HOWEVER ARISING OR CAUSED AND ON ANY THEORY OF LIABILITY FOR BREACH OF (WHETHER IN CONTRACT, BREACH OF ANY IMPLIED CONDITIONTORT (INCLUDING NEGLIGENCE), WARRANTY STRICT LIABILITY OR REPRESENTATIONOTHERWISE). TO THE EXTENT PERMITTED BY LAW, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE SELLER’S TOTAL AND CUMULATIVE LIABILITY OF STRAD TO PURCHASER SHALL BE LIMITED IN RESPECT OF OR ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY THIRD PARTY ARISING OUT OF THIS OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION, THE COVERED HARDWARE OR ITEMS PROVIDED HEREUNDER (INCLUDING USE THEREOF), THE SERVICE CONTRACT, THE SERVICES PROVIDED HEREUNDER, AND SELLER’S PERFORMANCE HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL IN NO EVENT EXCEED […***…].

Limited Liability. UNDER JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO CIRCUMSTANCE SHALL STRAD BE LIABLE WARRANTY AS TO PURCHASER ITS USE OR ANY OTHER PARTY FOR ANY INCIDENTALPERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONSEQUENTIALJETBRAINS, INDIRECTAND ITS SUPPLIERS, SPECIAL AFFILIATES AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR PUNITIVE DAMAGESIMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE COST JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF LABOUROR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, REQUALIFICATIONWHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, REWORKAGENTS, DELAYDIRECTORS, LOST PROFITSAND EMPLOYEES) DOES NOT WARRANT THAT JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF GOODWILL ARISING OUT OF THE SALE, INSTALLATION OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR BREACH OF CONTRACT, BREACH OF ANY IMPLIED CONDITION, WARRANTY OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES DATA THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH RESULTS FROM SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTDOWNLOAD.

Limited Liability. UNDER NO CIRCUMSTANCE SHALL STRAD 13.1. BOTH PARTIES AGREE THAT THE OTHER PARTY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, OR REPRESENTATIVES WILL NOT BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL SPECIAL, EXEMPLARY OR PUNITIVE CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, THE COST DAMAGES OR COSTS INCURRED AS A RESULT OF LABOURLOSS OF TIME, REQUALIFICATIONLOSS OF SAVINGS, REWORKLOSS OF DATA, DELAY, LOST LOSS OF PROFITS, OR LOSS OF GOODWILL ARISING GOODWILL, WHETHER FORESEEABLE OR UNFORESEEABLE, THAT ---------- * * * CONFIDENTIAL MATERIAL REDACTED AND FILED SEPARATELY WITH THE COMMISSION. EMAGEON ENTERPRISE AGREEMENT 03.25.04 PAGE 12 OF 59 MAY ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR COSTS RESULTING FROM THE SALEUSE OR INABILITY TO USE THE SYSTEM OR SERVICES, INSTALLATION OR USE EVEN IF SUCH PARTY HAS BEEN NOTIFIED OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR BREACH POSSIBILITY OR LIKELIHOOD OF CONTRACTSUCH DAMAGES OR COSTS OCCURRING, BREACH OF ANY IMPLIED CONDITION, WARRANTY OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH AND WHETHER SUCH LIABILITY IS ATTRIBUTABLEBASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER13.2. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF EMAGEON AND EMAGEON'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS OR REPRESENTATIVES FOR ANY SURFACE OR SUBSURFACE DAMAGE DAMAGES INCURRED BY CUSTOMER EVER EXCEED THE FEES PAID BY CUSTOMER TO ANY WELL, IRRESPECTIVE EMAGEON UNDER THIS AGREEMENT DURING THE * * * PRIOR TO THE TIME AT WHICH THE DAMAGES AROSE REGARDLESS OF THE CAUSEFORM OF ACTION, THAT MAY RESULT WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE EXCLUDING SUCH ACTIONS ARISING FROM EMAGEON'S INDEMNIFICATION OBLIGATIONS, GROSS NEGLIGENCE OR THE USE INTENTIONAL MISCONDUCT OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFENDEMAGEON, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY ITS EMPLOYEES OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTAGENTS.

Limited Liability. UNDER JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO CIRCUMSTANCE SHALL STRAD BE LIABLE WARRANTY AS TO PURCHASER ITS USE OR ANY OTHER PARTY FOR ANY INCIDENTALPERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONSEQUENTIALJETBRAINS, INDIRECTAND ITS SUPPLIERS, SPECIAL AFFILIATES AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR PUNITIVE DAMAGESIMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE COST JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF LABOUROR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, REQUALIFICATIONWHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, REWORKAGENTS, DELAYDIRECTORS, LOST PROFITSAND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF GOODWILL ARISING OUT OF THE SALE, INSTALLATION OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR BREACH OF CONTRACT, BREACH OF ANY IMPLIED CONDITION, WARRANTY OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES DATA THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH RESULTS FROM SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTDOWNLOAD.

Limited Liability. UNDER YOU UNDERSTAND THAT THERE ARE RISKS ASSOCIATED WITH THE USE OF A MOBILE DEVICE, AND THAT IN THE EVENT OF THEFT OR LOSS, YOUR CONFIDENTIAL INFORMATION COULD BE COMPROMISED. IN NO CIRCUMSTANCE SHALL STRAD EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR ANY INCIDENTALCONSEQUENTIAL (INCLUDING, CONSEQUENTIALWITHOUT LIMITATION, LOSS OF DATA, FILES, PROFIT, OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE OF GOODS OR THE MOBILE BANKING SERVICE), INDIRECT, SPECIAL INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE MOBILE BANKING SERVICE EVEN IF YOU, BANK, OR BANK’S SERVICE PROVIDER HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ALLOWED BY LAW, THE AGGREGATE LIABILITY OF BANK AND OUR THIRD PARTY SERVICE PROVIDERS UNDER THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND DOLLARS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED BY BANK ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, BANK MAKES NO, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT, WHATSOEVER TO YOU OR TO ANY OTHER PERSON AS TO THE SERVICES OR ANY ASPECT THEREOF, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, OR SUITABILITY. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR ANY SERVICES TO BE PERFORMED PURSUANT HERETO. BANK MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, TO YOU AS TO ANY MOBILE DEVICE HARDWARE, SOFTWARE, OR EQUIPMENT USED IN CONNECTION WITH THE SERVICE (INCLUDING, WITHOUT LIMITATION, YOUR MOBILE DEVICE OR RELATED EQUIPMENT, YOUR SOFTWARE, OR YOUR MOBILE SERVICE PROVIDER OR ITS EQUIPMENT), OR AS TO THE SUITABILITY OR COMPATIBILITY OF BANK’S SOFTWARE, INTERNET DELIVERED SERVICE, EQUIPMENT OR COMMUNICATION INTERFACES WITH THOSE THAT YOU USE, OR AS TO WHETHER ANY SOFTWARE OR INTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, INCLUDING (BUT NOT LIMITED TO) ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BANK SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERRORS OR FAILURES RESULTING FROM DEFECTS IN OR MALFUNCTIONS OF YOUR MOBILE DEVICE HARDWARE OR SOFTWARE, FOR THE COST QUALITY OF LABOUR, REQUALIFICATION, REWORK, DELAY, LOST PROFITSPERFORMANCE OR LACK OF PERFORMANCE OF ANY SOFTWARE OR HARDWARE OR INTERNET DELIVERED SERVICES SUPPLIED BY BANK TO YOU IN CONNECTION WITH THIS AGREEMENT, OR LOSS FOR THE TRANSMISSION OR FAILURE OF GOODWILL ARISING OUT OF THE SALE, INSTALLATION OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR BREACH OF CONTRACT, BREACH TRANSMISSION OF ANY IMPLIED CONDITION, WARRANTY INFORMATION FROM YOU TO BANK OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD FROM BANK TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLEYOU. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS BANK SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR NOTIFYING YOU OF ANY SURFACE UPGRADES OR SUBSURFACE DAMAGE ENHANCEMENTS TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY YOUR MOBILE DEVICE HARDWARE OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTSOFTWARE.

Limited Liability. UNDER NO CIRCUMSTANCE SHALL STRAD BE LIABLE OTHER THAN AS EXPRESSLY SET OUT HEREIN AND TO PURCHASER THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE HOSTING SERVICE AND SUPPORT IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OR CONDITION OF ANY OTHER PARTY FOR ANY INCIDENTALKIND, CONSEQUENTIALEITHER EXPRESS OR IMPLIED, INDIRECT, SPECIAL STATUTORY OR PUNITIVE DAMAGESOTHERWISE, INCLUDING BUT NOT LIMITED TOTO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MAPLESOFT OR ITS AFFILIATES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE USE AND PERFORMANCE OF THE HOSTING SERVICE, SUPPORT AND DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. WITHOUT LIMITING THE COST GENERALITY OF LABOURTHE FOREGOING, REQUALIFICATIONIN NO EVENT SHALL MAPLESOFT, REWORKTHIRD PARTY LICENSORS, DELAYITS AGENTS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, LOST PRODUCTION OR DELIVERY OF THE HOSTING SERVICE, SUPPORT AND/OR DOCUMENTATION BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES OR PROFITS, OR BUSINESS INTERRUPTION, TESTING INTERRUPTIONS, LOSS OF GOODWILL BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE SALEUSE OR INABILITY TO USE THE HOSTING SERVICE, INSTALLATION THE SUPPORT OR THE TERMINATION OF THIS AGREEMENT, THE FAILURE OF EQUIPMENT RELATED TO CUSTOMER'S COMPUTER OR DAMAGE TO CUSTOMER'S COMPUTER, SOFTWARE OR OTHER PROPERTY RESULTING FROM CUSTOMER'S USE OF THE GOODSHOSTING SERVICE OR SUPPORT, EVEN IF MAPLESOFT OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR CLAIM, OR IT IS FORESEEABLE. IF STRAD HAS ANY BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER IN SUCH A CASE. MAPLESOFT'S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE HOSTING SERVICE. THE LIMITATIONS OF THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF CONTRACTA FUNDAMENTAL CONDITION OR TERM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, BREACH OF ANY IMPLIED CONDITION, WARRANTY OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW SO THE AGGREGATE LIABILITY OF STRAD ABOVE LIMITATION MAY NOT APPLY TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTCUSTOMER.

Limited Liability. UNDER EXCEPT FOR EACH PARTY’S INDEMNITY OBLIGATIONS, IN NO CIRCUMSTANCE EVENT SHALL STRAD EITHER PARTY BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIALSPECIAL, INDIRECTPUNITIVE, SPECIAL OR PUNITIVE DAMAGESCONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, SUFFERED BY THE OTHER PARTY, INCLUDING BUT NOT LIMITED TOWITHOUT LIMITATION LOST PROFITS OR GOODWILL, THE COST OF LABOUR, REQUALIFICATION, REWORK, DELAY, LOST PROFITS, BUSINESS INTERRUPTIONS OR OTHER ECONOMIC LOSS OF GOODWILL ARISING OUT OF THE SALE, INSTALLATION OR RELATED TO THIS AGREEMENT OR ANY USE OF OR FAILURE TO BE ABLE TO USE THE GOODSLEARNINGSTUDIO OR THE XXXXXXX PRODUCTS OR SERVICES. IF STRAD HAS ANY DURING THE FIRST TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE, XXXXXXX’X MAXIMUM AGGREGATE LIABILITY FOR BREACH UNDER THIS AGREEMENT WILL IN NO EVENT EXCEED FIVE MILLION DOLLARS (USD). THEREAFTER, XXXXXXX’X MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT DURING EACH SUBSEQUENT TWELVE MONTH PERIOD WILL IN NO EVENT EXCEED THE GREATER OF FIVE MILLION DOLLARS (USD) OR THE TOTAL FEES PAID BY RUTGERS TO XXXXXXX PURSUANT TO THIS AGREEMENT DURING THE IMMEDIATELY PRECEDING TWELVE MONTH PERIOD. NOTWITHSTANDING THE FOREGOING, CLAIMS BASED ON PERSONAL INJURY OR DEATH SHALL NOT BE SUBJECT TO THE LIABILITY CAPS SET FORTH HEREIN. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, BREACH TORT, OR OTHERWISE, EVEN IF THE PARTY HAS BEEN WARNED OF THE POSSIBILITY OF ANY IMPLIED CONDITIONSUCH LOSS OR DAMAGE, WARRANTY OR REPRESENTATION, TORT OR UNDER AND EVEN IF ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODSLIMITED REMEDIES IN THIS AGREEMENT FAILS OF THEIR ESSENTIAL PURPOSE. No action, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODSregardless of form, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELLarising under this Agreement may be brought by either party more than two years after the facts supporting the cause of action become known, IRRESPECTIVE OF THE CAUSEor reasonably should have become known, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFENDto the claimant, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTexcept that an action for non-payment may be brought without any limitation on time.

Limited Liability. 16.1. EXCEPT AS PROVIDED UNDER NO CIRCUMSTANCE SECTION 15, PIX4D SHALL STRAD NOT BE LIABLE TO PURCHASER YOU (OR YOUR AUTHORIZED USERS) OR ANY THIRD PARTY (WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OTHER PARTY TORT THEORY, CONTRIBUTION, BREACH OF WARRANTY, OR OTHER LEGAL OR EQUITABLE THEORY) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECTEXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, THE COST OF LABOUR, REQUALIFICATION, REWORK, DELAY, OR ANY DAMAGES FOR LOST PROFITS, LITIGATION COSTS, FAILURE OR DEFECTS OF THE OUTPUT, LOSS, CORRUPTION OR DELETION OF DATA OR YOUR CONTENT, PRODUCTION OR PROFIT, GOODWILL, LOSS OF REVENUE OR LOSS OF GOODWILL ARISING OUT UNITS, LOSS OR INTERRUPTION OF BUSINESS, EVEN IF THAT PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE SALEPOSSIBILITY OF SUCH DAMAGES, INSTALLATION UNLESS IT IS FOR WILLFUL MISCONDUCT OR USE OF THE GOODSGROSS NEGLIGENCE. IF STRAD HAS IN ANY LIABILITY FOR BREACH OF CONTRACTEVENT, BREACH OF ANY IMPLIED CONDITION, WARRANTY OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD PIX4D AND ITS LICENSORS AND SUPPLIERS WITH RESPECT TO PURCHASER SHALL BE LIMITED ANY OFFERING OR OUTPUT THEREOF WILL IN RESPECT NO EVENT EXCEED THE AMOUNT PAID OR PAYABLE BY YOU FOR THE PURCHASE OR SUBSCRIPTION OF ANY OCCURRENCE THE OFFERING IN THE ONE-YEAR PERIOD BEFORE THE EVENTS OR SERIES OF OCCURRENCES CIRCUMSTANCES GIVING RISE TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLEFIRST OCCURRED. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK17. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACTPRIVACY Pix4D is committed to protecting Your privacy. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETOPix4D's privacy and personal data policy governs the collection and use of any personal information You provide to Pix4D and forms an integral part of the General Terms. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTYou acknowledge that You have read and understood Pix4D’s privacy and personal data policy.

Limited Liability. UNDER NO CIRCUMSTANCE YOU ARE RESPONSIBLE FOR THE SELECTION AND USE OF, AND RESULTS OBTAINED FROM THE COURSEWARE. UNLESS OTHERWISE REQUIRED BY ANY APPLICABLE LAW, WE AND OUR RELATED COMPANIES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL STRAD NOT BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIALDIRECT, INDIRECT, SPECIAL SPECIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE CONSEQUENTIAL DAMAGES OR ANY DAMAGES RESULTING FROM THE USE OF THE COURSEWARE OR WEBSITE HOWEVER CAUSED INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL LOSS OR DAMAGE, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS, LOST DATA, LOSS OF COMPUTER TIME, FAILURE TO REALIZE EXPECTED SAVINGS, AND ANY OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND AND ARISING IN CONSEQUENCE OF THE COURSEWARE'S PERFORMANCE, FAILURE TO PERFORM, OR OTHER BREACH UNDER THIS LICENCE, IRRESPECTIVE OF WHETHER WE HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY INCLUDING, INCLUDING BUT NOT LIMITED TO, THE COST OF LABOUR, REQUALIFICATION, REWORK, DELAY, LOST PROFITS, OR LOSS OF GOODWILL ARISING OUT OF THE SALE, INSTALLATION OR USE OF THE GOODS. IF STRAD HAS ANY POSSIBLE LIABILITY FOR BREACH OF CONTRACTINDEMNITY, BREACH OF ANY IMPLIED CONDITION, WARRANTY OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY DEFENCE AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE OBLIGATIONS SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF US UNDER THIS CONTRACTLICENCE.

Limited Liability. 16.1. EXCEPT AS PROVIDED UNDER NO CIRCUMSTANCE SECTION 15, PIX4D SHALL STRAD NOT BE LIABLE TO PURCHASER YOU (OR YOUR AUTHORIZED USERS) OR ANY THIRD PARTY (WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OTHER PARTY TORT THEORY, CONTRIBUTION, BREACH OF WARRANTY, OR OTHER LEGAL OR EQUITABLE THEORY) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECTEXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, THE COST OF LABOUR, REQUALIFICATION, REWORK, DELAY, OR ANY DAMAGES FOR LOST PROFITS, LITIGATION COSTS, FAILURE OR DEFECTS OF THE OUTPUT, LOSS, CORRUPTION OR DELETION OF DATA OR YOUR CONTENT, PRODUCTION OR PROFIT, GOODWILL, LOSS OF REVENUE OR LOSS OF GOODWILL ARISING OUT UNITS, LOSS OR INTERRUPTION OF BUSINESS, EVEN IF THAT PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE SALEPOSSIBILITY OF SUCH DAMAGES, INSTALLATION UNLESS IT IS FOR WILLFUL MISCONDUCT OR USE OF THE GOODSGROSS NEGLIGENCE. IF STRAD HAS IN ANY LIABILITY FOR BREACH OF CONTRACTEVENT, BREACH OF ANY IMPLIED CONDITION, WARRANTY OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD PIX4D AND ITS LICENSORS AND SUPPLIERS WITH RESPECT TO PURCHASER SHALL BE LIMITED ANY OFFERING OR OUTPUT THEREOF WILL IN RESPECT NO EVENT EXCEED THE AMOUNT PAID OR PAYABLE BY YOU FOR THE PURCHASE OR SUBSCRIPTION OF ANY OCCURRENCE THE OFFERING IN THE ONE-YEAR PERIOD BEFORE THE EVENTS OR SERIES OF OCCURRENCES CIRCUMSTANCES GIVING RISE TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTFIRST OCCURRED.

Limited Liability. UNDER NO CIRCUMSTANCE LESSEE AGREES LESSOR DOES NOT AND CANNOT GUARANTEE OR WARRANT THE SUCCESS OR FAILURE OF THE USE OF ANY EQUIPMENT LEASED HEREUNDER. BECAUSE LESSOR CANNOT GUARANTEE OR WARRANT THE OUTCOME FROM ANY USE OF EQUIPMENT LEASED HEREUNDER, LESSEE AGREES IT SHALL STRAD RENT THE EQUIPMENT FROM LESSOR ON THE BASIS THAT SUCH EQUIPMENT MAY BE WHOLLY INEFFECTIVE AT THE INTENDED PURPOSE FOR WHICH IT HAS BEEN LEASED. BASED ON THE FOREGOING, LESSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE FURTHER AGREES THAT LESSOR SHALL NOT BE LIABLE TO PURCHASER LESSEE, OR ANY OTHER PARTY OF ITS AGENTS, EMPLOYEES, CUSTOMERS OR CONTRACTORS FOR ANY INCIDENTALLOSS OR INJURY ARISING OUT OF, CONSEQUENTIAL, INDIRECT, SPECIAL IN WHOLE OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TOIN PART, THE COST EQUIPMENT LEASED HEREUNDER. NOTWITHSTANDING THE FOREGOING AND BASED UPON THE NEGOTIATED RENT FOR THE EQUIPMENT LEASED HEREUNDER, LESSOR’S MAXIMUM LIABILITY FOR ANY CLAIM BROUGHT AGAINST IT HEREUNDER SHALL BE THE LESSER OF: I) THE AMOUNT OF LABOUR, REQUALIFICATION, REWORK, DELAY, LOST PROFITSRENT PAID BY LESSEE TO LESSOR FOR THE EQUIPMENT AT ISSUE, OR LOSS OF GOODWILL ARISING OUT OF II) ONE MONTH’S RENT FOR THE SALE, INSTALLATION OR USE OF THE GOODSEQUIPMENT AT ISSUE. IF STRAD HAS ANY LIABILITY FOR BREACH OF CONTRACT, BREACH OF ANY IMPLIED CONDITION, WARRANTY OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD TO PURCHASER NO CIRCUMSTANCES SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL LESSOR BE RESPONSIBLE FOR ANY SURFACE BUSINESS INTERRUPTION DAMAGES INCURRED BY LESSEE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR OTHER THIRD PARTY RELATING IN ANY WAY ARISING OUT MANNER TO THIS LEASE OR THE EQUPMENT THAT IS THE SUBJECT OF THIS CONTRACTLEASE.

Limited Liability. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, BUT SUBJECT TO THE MAXIMUM EXTENT PERMITTED UNDER NO CIRCUMSTANCE SHALL STRAD BE LIABLE APPLICABLE LAW, WITH RESPECT TO PURCHASER OR ANY OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, THE COST SUBJECT MATTER OF LABOUR, REQUALIFICATION, REWORK, DELAY, LOST PROFITS, OR LOSS OF GOODWILL ARISING OUT OF THE SALE, INSTALLATION OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR BREACH OF CONTRACT, BREACH OF ANY IMPLIED CONDITION, WARRANTY OR REPRESENTATION, TORT THIS AGREEMENT OR UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHER THEORY LEGAL OR EQUITABLE THEORY, (A) NEITHER RIVERBED NOR ANY OF LAW ITS AFFILIATES OR SUPPLIERS IS LIABLE FOR (I) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, CONTRACTS, BUSINESS, REVENUES, GOODWILL OR REPUTATION, (II) COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, OR (III) LOSS OR CORRUPTION OF DATA, INTERRUPTION OF USE, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM CUSTOMER’S USE OF ANY PRODUCT, AND (B) THE AGGREGATE LIABILITY OF STRAD RIVERBED AND ITS AFFILIATES AND SUPPLIERS WILL NOT EXCEED THE AGGREGATE FEES RECEIVED BY RIVERBED FOR THE PROFESSIONAL SERVICES PROVIDED UNDER THIS AGREEMENT DURING THE TWELVE MONTH PERIOD PRIOR TO PURCHASER SHALL BE LIMITED IN RESPECT THE DATE THE CAUSE OF ACTION AROSE. THE FOREGOING LIMITATION IS CUMULATIVE, WITH ALL CLAIMS BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF RIVERBED IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER RIVERBED NOR ANY OF ITS AFFILIATES IS LIABLE FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. THIS SECTION DOES NOT LIMIT LIABILITY FOR BODILY INJURY OF A PERSON. THIS AGREEMENT DOES NOT ENTITLE CUSTOMER, UNDER ANY CIRCUMSTANCES, TO A REFUND OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, FEES PAID FOR PRODUCTS OR SUPPORT SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN FEES PAID UNDER ANY WAY ARISING OUT OF THIS CONTRACTOTHER AGREEMENT.

Limited Liability. UNDER IN NO CIRCUMSTANCE SHALL STRAD EVENT WILL FUDO BE LIABLE TO PURCHASER CUSTOMER UNDER, IN CONNECTION WITH, OR RELATED TO THIS AGREEMENT, AND CUSTOMER CANNOT RECOVER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING CONTRACT, WARRANTY, STRICT LIABILITY, OR NEGLIGENCE FOR ANY: (I) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OF BUSINESS); (II) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES OR PROFITS; (III) LOSS OF GOODWILL OR REPUTATION; (IV) USE, INABILITY TO USE, INTERRUPTION, DELAY, OR DAMAGE RESULTING FROM SYSTEM FAILURE, MALFUNCTION, SHUTDOWN, FAILURE TO ACCURATELY TRANSFER OR READ INFORMATION, FAILURE TO PROVIDE CORRECT INFORMATION OR ANY OTHER PARTY FOR COMMERCIAL DAMAGES OR LOSSES RESULTING FROM OR RELATED TO THE USE OR INABILITY TO USE FUDO ONE, HOWEVER CAUSED; (V) LOSS, INABILITY TO USE, OR RECOVERY OF ANY INCIDENTALCUSTOMER DATA, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, THE BREACH OF CUSTOMER DATA OR SYSTEM SECURITY; OR (VI) COST OF LABOURREPLACEMENT GOODS OR SERVICES, REQUALIFICATION, REWORK, DELAY, LOST PROFITS, OR LOSS IN EACH CASE REGARDLESS OF GOODWILL ARISING OUT WHETHER FUDO WAS ADVISED OF THE SALE, INSTALLATION OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR BREACH OF CONTRACT, BREACH OF ANY IMPLIED CONDITION, WARRANTY OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE POSSIBILITY OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY LOSSES OR DEATH OF ANY PERSON DAMAGES OR FOR DAMAGE TO SUCH LOSSES OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTDAMAGES WERE FORESEEABLE.

Limited Liability. UNDER YOU UNDERSTAND THAT THERE ARE RISKS ASSOCIATED WITH USING THE INTERNET AND/OR A MOBILE DEVICE, AND THAT IN THE EVENT OF THEFT OR LOSS, YOUR CONFIDENTIAL INFORMATION COULD BE COMPROMISED. IN NO CIRCUMSTANCE SHALL STRAD EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR ANY INCIDENTALCONSEQUENTIAL (INCLUDING, CONSEQUENTIALWITHOUT LIMITATION, LOSS OF DATA, FILES, PROFIT, OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE OF GOODS OR THE ONLINE BANKING SERVICE), INDIRECT, SPECIAL INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE ONLINE BANKING SERVICE EVEN IF YOU, BANK, OR BANK’S SERVICE PROVIDER HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ALLOWED BY LAW, THE AGGREGATE LIABILITY OF BANK AND OUR THIRD PARTY SERVICE PROVIDERS UNDER THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND DOLLARS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED BY BANK ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, BANK MAKES NO, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT, WHATSOEVER TO YOU OR TO ANY OTHER PERSON AS TO THE SERVICES OR ANY ASPECT THEREOF, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, OR SUITABILITY. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR ANY SERVICES TO BE PERFORMED PURSUANT HERETO. BANK MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, TO YOU AS TO ANY DEVICE HARDWARE, SOFTWARE, OR EQUIPMENT USED IN CONNECTION WITH THE SERVICE (INCLUDING, WITHOUT LIMITATION, YOUR DEVICE OR RELATED EQUIPMENT, YOUR SOFTWARE, OR YOUR SERVICE PROVIDER OR ITS EQUIPMENT), OR AS TO THE SUITABILITY OR COMPATIBILITY OF BANK’S SOFTWARE, INTERNET DELIVERED SERVICE, EQUIPMENT OR COMMUNICATION INTERFACES WITH THOSE THAT YOU USE, OR AS TO WHETHER ANY SOFTWARE OR INTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, INCLUDING (BUT NOT LIMITED TO) ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BANK SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERRORS OR FAILURES RESULTING FROM DEFECTS IN OR MALFUNCTIONS OF YOUR DEVICE HARDWARE OR SOFTWARE, FOR THE COST QUALITY OF LABOUR, REQUALIFICATION, REWORK, DELAY, LOST PROFITSPERFORMANCE OR LACK OF PERFORMANCE OF ANY SOFTWARE OR HARDWARE OR INTERNET DELIVERED SERVICES SUPPLIED BY BANK TO YOU IN CONNECTION WITH THIS AGREEMENT, OR LOSS FOR THE TRANSMISSION OR FAILURE OF GOODWILL ARISING OUT OF THE SALE, INSTALLATION OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR BREACH OF CONTRACT, BREACH TRANSMISSION OF ANY IMPLIED CONDITION, WARRANTY INFORMATION FROM YOU TO BANK OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD FROM BANK TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLEYOU. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS BANK SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR NOTIFYING YOU OF ANY SURFACE UPGRADES OR SUBSURFACE DAMAGE ENHANCEMENTS TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY YOUR DEVICE HARDWARE OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTSOFTWARE.

Limited Liability. UNDER EXCEPT FOR FRAUD, BREACHES OF SECTIONS 16 AND 18 AND EACH PARTY’S INDEMNITY OBLIGATIONS IN SECTION 22, IN NO CIRCUMSTANCE EVENT SHALL STRAD EITHER PARTY BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL SPECIAL, PUNITIVE, OR PUNITIVE DAMAGESCONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, SUFFERED BY THE OTHER PARTY, INCLUDING BUT NOT LIMITED TOWITHOUT LIMITATION LOST PROFITS OR GOODWILL, THE COST OF LABOUR, REQUALIFICATION, REWORK, DELAY, LOST PROFITS, BUSINESS INTERRUPTIONS OR OTHER ECONOMIC LOSS OF GOODWILL ARISING OUT OF THE SALE, INSTALLATION OR RELATED TO THIS AGREEMENT OR ANY USE OF OR FAILURE TO BE ABLE TO USE THE GOODSECOLLEGE SYSTEM OR THE ECOLLEGE SERVICES. IF STRAD HAS ANY DURING THE FIRST TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE, ECOLLEGE’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR BREACH DIRECT DAMAGES WILL IN NO EVENT EXCEED THE TOTAL FEES PAID TO ECOLLEGE BY CUSTOMER DURING THAT FIRST TWELVE MONTHS. THEREAFTER, ECOLLEGE’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT DURING EACH SUBSEQUENT TWELVE MONTH PERIOD FOR DIRECT DAMAGES WILL IN NO EVENT EXCEED THE TOTAL FEES PAID BY CUSTOMER TO ECOLLEGE PURSUANT TO THIS AGREEMENT DURING THE IMMEDIATELY PRECEDING TWELVE MONTH PERIOD. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, BREACH TORT, OR OTHERWISE, EVEN IF THE PARTY HAS BEEN WARNED OF THE POSSIBILITY OF ANY IMPLIED CONDITIONSUCH LOSS OR DAMAGE, WARRANTY OR REPRESENTATION, TORT OR UNDER AND EVEN IF ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODSLIMITED REMEDIES IN THIS AGREEMENT FAILS OF THEIR ESSENTIAL PURPOSE. No action, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODSregardless of form, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELLarising under this Agreement may be brought by either party more than three (3) years after the facts supporting the cause of action become known, IRRESPECTIVE OF THE CAUSEor reasonably should have become known, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTto the claimant.

Limited Liability. THE PARTIES AGREE THAT THEIR AFFILIATES, INCLUDING PARENTS AND SUBSIDIARIES, AND THE PARTIES' AND THEIR AFFILIATES' EMPLOYEES, OFFICERS OR DIRECTORS, SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT. IN NO CIRCUMSTANCE SHALL STRAD EVENT WILL EITHER PARTY HERETO BE LIABLE TO PURCHASER OR ANY THE OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL SPECIAL, INCIDENTAL OR PUNITIVE CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TOWITHOUT LIMITATION, THE COST LOSS OF LABOURREVENUE, REQUALIFICATIONLOSS OF CUSTOMERS OR CLIENTS, REWORK, DELAY, LOST PROFITS, LOSS OF GOODWILL OR LOSS OF GOODWILL PROFITS ARISING OUT IN ANY MANNER FROM THIS AGREEMENT AND THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS/FAILURES), UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE SALEPOSSIBILITY OF SUCH DAMAGES.. THE LIABILITY OF EITHER PARTY WITH RESPECT TO THE INSTALLATION (INCLUDING DELAYS THEREOF), INSTALLATION PROVISION, TERMINATION, MAINTENANCE, REPAIR, INTERRUPTION, OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR BREACH OF CONTRACT, BREACH RESTORATION OF ANY IMPLIED CONDITIONSERVICE OR FACILITIES OFFERED UNDER THIS AGREEMENT SHALL NOT EXCEED AN AMOUNT EQUAL TO THE CHARGE APPLICABLE UNDER THIS AGREEMENT TO THE PERIOD DURING WHICH SERVICES WERE AFFECTED. FOR THOSE SERVICES WITH MONTHLY RECURRING CHARGES, WARRANTY OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD EITHER PARTY IS LIMITED TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES AN AMOUNT EQUAL TO THE CONTRACTUAL VALUE OF PROPORTIONATE MONTHLY RECURRING CHARGES FOR THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO PERIOD DURING WHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTSERVICE WAS AFFECTED.

Limited Liability. UNDER NO CIRCUMSTANCE SHALL STRAD EXCEPT FOR EITHER PARTY’S INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 11 AND EXCEPT FOR A BREACH OF ANY PAYMENT OBLIGATIONS OF EITHER PARTY OR A BREACH BY EITHER PARTY OF SECTION 5 OR 6, NEITHER PARTY WILL BE LIABLE TO PURCHASER OR ANY THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIALPUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, THE COST LOST PROFITS OR REVENUE, LOSS OF LABOUR, REQUALIFICATION, REWORK, DELAYUSE, LOST PROFITS, BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL GOODWILL), OR FOR THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF ANY PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, [**] CONFIDENTIAL TREATMENT REQUESTED CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE SALE, INSTALLATION POSSIBILITY OF SUCH LOSS OR USE OF THE GOODSDAMAGE. IF STRAD HAS ANY LIABILITY EXCEPT FOR A BREACH OF CONTRACTSECTION 5.1 OR 6, BREACH OF ANY IMPLIED CONDITION, WARRANTY OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE IN NO EVENT SHALL CORIUM’S TOTAL LIABILITY OF STRAD TO PURCHASER SHALL BE LIMITED ADOLOR IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE CONNECTION WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE AGREEMENT FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH AND UNDER ALL THEORIES OF LIABILITY EXCEED THE TOTAL FEES PAID TO CORIUM BY ADOLOR UNDER THE 2003 AGREEMENT AND THIS AGREEMENT. THE PARTIES HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY PERSON OR FOR DAMAGE LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO OR DESTRUCTION HAVE FAILED OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTITS ESSENTIAL PURPOSE.

Limited Liability. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, BUT SUBJECT TO THE MAXIMUM EXTENT PERMITTED UNDER NO CIRCUMSTANCE SHALL STRAD BE LIABLE APPLICABLE LAW, WITH RESPECT TO PURCHASER OR ANY OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, THE COST SUBJECT MATTER OF LABOUR, REQUALIFICATION, REWORK, DELAY, LOST PROFITS, OR LOSS OF GOODWILL ARISING OUT OF THE SALE, INSTALLATION OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR BREACH OF CONTRACT, BREACH OF ANY IMPLIED CONDITION, WARRANTY OR REPRESENTATION, TORT THIS AGREEMENT OR UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHER THEORY LEGAL OR EQUITABLE THEORY, (A) NEITHER RIVERBED NOR ANY OF LAW ITS AFFILIATES OR SUPPLIERS IS LIABLE FOR (I) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, CONTRACTS, BUSINESS, REVENUES, GOODWILL OR REPUTATION, (II) COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, OR (III) LOSS OR CORRUPTION OF DATA, INTERRUPTION OF USE, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM CUSTOMER’S USE OF (OR INABILITY TO ACCESS OR USE) ANY PRODUCT OR SERVICE, AND (B) THE AGGREGATE LIABILITY OF STRAD RIVERBED AND ITS AFFILIATES AND SUPPLIERS WILL NOT EXCEED THE AGGREGATE FEES RECEIVED BY RIVERBED FOR THE PROACTIVE SUPPORT SERVICES PROVIDED UNDER THIS AGREEMENT DURING THE TWELVE MONTH PERIOD PRIOR TO PURCHASER SHALL BE LIMITED IN RESPECT THE DATE THE CAUSE OF ACTION AROSE. THE FOREGOING LIMITATION IS CUMULATIVE, WITH ALL CLAIMS BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF RIVERBED IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER RIVERBED NOR ANY OF ITS AFFILIATES IS LIABLE FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. THIS SECTION DOES NOT LIMIT LIABILITY FOR BODILY INJURY OF A PERSON. THIS AGREEMENT DOES NOT ENTITLE CUSTOMER, UNDER ANY CIRCUMSTANCES, TO A REFUND OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, FEES PAID FOR PRODUCTS OR SUPPORT SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN FEES PAID UNDER ANY WAY ARISING OUT OF THIS CONTRACTOTHER AGREEMENT.

Limited Liability. UNDER YOU UNDERSTAND THAT THERE ARE RISKS ASSOCIATED WITH THE USE OF A MOBILE DEVICE, AND THAT IN THE EVENT OF THEFT OR LOSS, YOUR CONFIDENTIAL INFORMATION COULD BE COMPROMISED. IN NO CIRCUMSTANCE SHALL STRAD EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR ANY INCIDENTALCONSEQUENTIAL (INCLUDING, CONSEQUENTIALWITHOUT LIMITATION, LOSS OF DATA, FILES, PROFIT, OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE OF GOODS OR THE MOBILE BANKING SERVICE), INDIRECT, SPECIAL INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE MOBILE BANKING SERVICE EVEN IF YOU, BANK, OR BANK’S SERVICE PROVIDER HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ALLOWED BY LAW, THE AGGREGATE LIABILITY OF BANK AND OUR THIRD-PARTY SERVICE PROVIDERS UNDER THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND DOLLARS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED BY BANK ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, BANK MAKES NO, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT, WHATSOEVER TO YOU OR TO ANY OTHER PERSON AS TO THE SERVICES OR ANY ASPECT THEREOF, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, OR SUITABILITY. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR ANY SERVICES TO BE PERFORMED PURSUANT HERETO. BANK MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, TO YOU AS TO ANY MOBILE DEVICE HARDWARE, SOFTWARE, OR EQUIPMENT USED IN CONNECTION WITH THE SERVICE (INCLUDING, WITHOUT LIMITATION, YOUR MOBILE DEVICE OR RELATED EQUIPMENT, YOUR SOFTWARE, OR YOUR MOBILE SERVICE PROVIDER OR ITS EQUIPMENT), OR AS TO THE SUITABILITY OR COMPATIBILITY OF BANK’S SOFTWARE, INTERNET DELIVERED SERVICE, EQUIPMENT OR COMMUNICATION INTERFACES WITH THOSE THAT YOU USE, OR AS TO WHETHER ANY SOFTWARE OR INTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, INCLUDING (BUT NOT LIMITED TO) ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BANK SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERRORS OR FAILURES RESULTING FROM DEFECTS IN OR MALFUNCTIONS OF YOUR MOBILE DEVICE HARDWARE OR SOFTWARE, FOR THE COST QUALITY OF LABOUR, REQUALIFICATION, REWORK, DELAY, LOST PROFITSPERFORMANCE OR LACK OF PERFORMANCE OF ANY SOFTWARE OR HARDWARE OR INTERNET DELIVERED SERVICES SUPPLIED BY BANK TO YOU IN CONNECTION WITH THIS AGREEMENT, OR LOSS FOR THE TRANSMISSION OR FAILURE OF GOODWILL ARISING OUT OF THE SALE, INSTALLATION OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR BREACH OF CONTRACT, BREACH TRANSMISSION OF ANY IMPLIED CONDITION, WARRANTY INFORMATION FROM YOU TO BANK OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD FROM BANK TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLEYOU. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS BANK SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR NOTIFYING YOU OF ANY SURFACE UPGRADES OR SUBSURFACE DAMAGE ENHANCEMENTS TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY YOUR MOBILE DEVICE HARDWARE OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTSOFTWARE.

Limited Liability. UNDER YOU UNDERSTAND THAT THERE ARE RISKS ASSOCIATED WITH USING A MOBILE DEVICE, AND THAT IN THE EVENT OF THEFT OR LOSS, YOUR CONFIDENTIAL INFORMATION COULD BE COMPROMISED. IN NO CIRCUMSTANCE SHALL STRAD EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR ANY INCIDENTALCONSEQUENTIAL (INCLUDING, CONSEQUENTIALWITHOUT LIMITATION, LOSS OF DATA, FILES, PROFIT, OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE OF GOODS OR THE MOBILE BANKING SERVICE), INDIRECT, SPECIAL INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE MOBILE BANKING SERVICE EVEN IF YOU, BANK, OR BANK’S SERVICE PROVIDER HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ALLOWED BY LAW, THE AGGREGATE LIABILITY OF BANK AND OUR THIRD PARTY SERVICE PROVIDERS UNDER THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND DOLLARS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED BY BANK ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, BANK MAKES NO, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT, WHATSOEVER TO YOU OR TO ANY OTHER PERSON AS TO THE SERVICES OR ANY ASPECT THEREOF, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, OR SUITABILITY. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR ANY SERVICES TO BE PERFORMED PURSUANT HERETO. BANK MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, TO YOU AS TO ANY MOBILE DEVICE HARDWARE, SOFTWARE, OR EQUIPMENT USED IN CONNECTION WITH THE SERVICE (INCLUDING, WITHOUT LIMITATION, YOUR MOBILE DEVICE OR RELATED EQUIPMENT, YOUR SOFTWARE, OR YOUR MOBILE SERVICE PROVIDER OR ITS EQUIPMENT), OR AS TO THE SUITABILITY OR COMPATIBILITY OF BANK’S SOFTWARE, INTERNET DELIVERED SERVICE, EQUIPMENT OR COMMUNICATION INTERFACES WITH THOSE THAT YOU USE, OR AS TO WHETHER ANY SOFTWARE OR INTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, INCLUDING (BUT NOT LIMITED TO) ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BANK SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERRORS OR FAILURES RESULTING FROM DEFECTS IN OR MALFUNCTIONS OF YOUR MOBILE DEVICE HARDWARE OR SOFTWARE, FOR THE COST QUALITY OF LABOUR, REQUALIFICATION, REWORK, DELAY, LOST PROFITSPERFORMANCE OR LACK OF PERFORMANCE OF ANY SOFTWARE OR HARDWARE OR INTERNET DELIVERED SERVICES SUPPLIED BY BANK TO YOU IN CONNECTION WITH THIS AGREEMENT, OR LOSS FOR THE TRANSMISSION OR FAILURE OF GOODWILL ARISING OUT OF THE SALE, INSTALLATION OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR BREACH OF CONTRACT, BREACH TRANSMISSION OF ANY IMPLIED CONDITION, WARRANTY INFORMATION FROM YOU TO BANK OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD FROM BANK TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLEYOU. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS BANK SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR NOTIFYING YOU OF ANY SURFACE UPGRADES OR SUBSURFACE DAMAGE ENHANCEMENTS TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY YOUR MOBILE DEVICE HARDWARE OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTSOFTWARE.

Limited Liability. UNDER THE MATERIALS AND THE SUBSCRIPTION SERVICES (INCLUDING ALL CONTENT, SOFTWARE AND FUNCTIONS) ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND "WITH ALL FAULTS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY MAKES NO CIRCUMSTANCE WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. ANY AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING WITHOUT LIMITATION, SECURITY, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, OR UNINTERRUPTED ACCESS. XXXXXXX DISCLAIMS AND CUSTOMER WAIVES ALL LIABILITY ARISING FROM THE ACCESS, USE AND PRINTING OF THE MATERIALS AND PROVISION OF THE MATERIALS AND THE SUBSCRIPTION SERVICES EXCEPT AS PROVIDED IN PARAGRAPH 3.11. IN NO EVENT SHALL STRAD THE LIABILITY OF THE COMPANY TO THE SCHOOL DISTRICT OR ANY THIRD PARTY FOR DAMAGES FOR ANY CAUSE WHATSOEVER RELATED TO OR ARISING OUT OF THE AGREEMENT OR THIS AGREEMENT EXCEED THE AMOUNT PAID BY THE SCHOOL DISTRICT TO THE COMPANY DURING THE PRECEDING TWELVE MONTHS. IN NO EVENT WILL THE COMPANY BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR ANY LOST PROFITS, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, THE COST OF LABOUR, REQUALIFICATION, REWORK, DELAY, LOST PROFITS, OR LOSS OF GOODWILL DAMAGES ARISING OUT OF THE SALEUSE OR INABILITY TO USE ANY MATERIALS OR THE SUBSCRIPTION SERVICE EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SCHOOL DISTRICT AGREES THAT ANY CLAIM ARISING FROM USE OF OR ACCESS TO THE MATERIALS PROVISION OF ANY SUBSCRIPTION SERVICES MUST BE MADE WITHIN ONE (1) YEAR OF THE FIRST DATE SUCH CLAIM FIRST ACCRUED OR SHALL BE DISMISSED AS UNTIMELY AND FOREVER BARRED. EXCEPT AS PROVIDED IN PARAGRAPH 3.11, INSTALLATION THIS LIMITATION OF LIABILITY APPLIES TO ANY EXPENSES, DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR OF OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY DATA RECORDS, WHETHER FOR BREACH OF CONTRACT, BREACH OF ANY IMPLIED CONDITIONSTRICT LIABILITY, WARRANTY TORTUOUS BEHAVIOR, NEGLIGENCE, OR REPRESENTATION, TORT OR UNDER FOR ANY OTHER THEORY CAUSE OF LAW THE AGGREGATE LIABILITY OF STRAD TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTACTION.

Limited Liability. UNDER EXCEPT FOR INDEMNIFICATION OBLIGATIONS HEREUNDER, BREACHES OF CONFIDENTIALITY HEREUNDER, OR SUCH PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, TO THE EXTENT PERMITTED BY LAW, IN NO CIRCUMSTANCE EVENT SHALL STRAD EITHER PARTY OR SELLER’S SUPPLIERS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, DATA, OR BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH, WITHOUT LIMITATION, THE SALE OF THE PRODUCT, ITS USE, PERFORMANCE, OR ANY OF THESE TERMS, HOWEVER ARISING OR CAUSED AND ON ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE). EXCEPT FOR INDEMNIFICATION OBLIGATIONS HEREUNDER, BREACHES OF CONFIDENTIALITY HEREUNDER, OR SUCH PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, TO THE EXTENT PERMITTED BY LAW, SELLER’S TOTAL AND CUMULATIVE LIABILITY TO PURCHASER OR ANY OTHER THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, THE COST OF LABOUR, REQUALIFICATION, REWORK, DELAY, LOST PROFITS, OR LOSS OF GOODWILL ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, INCLUDING WITHOUT LIMITATION, THE SALEPRODUCT (INCLUDING USE THEREOF) AND SELLER’S PERFORMANCE, INSTALLATION OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR BREACH OF WHETHER IN CONTRACT, BREACH OF ANY IMPLIED CONDITIONTORT (INCLUDING NEGLIGENCE), WARRANTY STRICT LIABILITY OR REPRESENTATIONOTHERWISE, TORT OR UNDER ANY OTHER THEORY OF LAW SHALL IN NO EVENT EXCEED THE AGGREGATE LIABILITY OF STRAD AMOUNT PAID TO PURCHASER SHALL BE LIMITED SELLER IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF PARTICULAR ORDER THAT DIRECTLY CAUSED THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTLIABILITY.

Limited Liability. UNDER NO CIRCUMSTANCE FUDO SHALL STRAD NOT BE LIABLE TO PURCHASER CUSTOMER UNDER, IN CONNECTION WITH, OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING CONTRACT, WARRANTY, STRICT LIABILITY, OR NEGLIGENCE FOR ANY: (I) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OF BUSINESS); (II) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES OR PROFITS; (III) LOSS OF GOODWILL OR REPUTATION; (IV) USE, INABILITY TO USE, INTERRUPTION, DELAY, OR DAMAGE RESULTING FROM SYSTEM FAILURE, MALFUNCTION, SHUTDOWN, FAILURE TO ACCURATE TRANSFER OR READ INFORMATION, FAILURE TO PROVIDE CORRECT INFORMATION OR ANY OTHER PARTY FOR COMMERCIAL DAMAGES OR LOSSES RESULTING FROM OR RELATED TO THE USE OR INABILITY TO USE FUDO ENTERPRISE, HOWEVER CAUSED; (V) LOSS, INABILITY TO USE, OR RECOVERY OF ANY INCIDENTALCUSTOMER DATA, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, THE BREACH OF CUSTOMER DATA OR SYSTEM SECURITY; OR (VI) COST OF LABOUR, REQUALIFICATION, REWORK, DELAY, LOST PROFITS, REPLACEMENT GOODS OR LOSS SERVICES. THIS LIMITATION OF GOODWILL ARISING OUT LIABILITY WILL APPLY WHETHER FUDO WAS ADVISED OF THE SALE, INSTALLATION OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR BREACH OF CONTRACT, BREACH OF ANY IMPLIED CONDITION, WARRANTY OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE POSSIBILITY OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY LOSSES OR DEATH OF ANY PERSON DAMAGES OR FOR DAMAGE TO SUCH LOSSES OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTDAMAGES WERE OTHERWISE FORESEEABLE.

Limited Liability. UNDER 10.1 OTHER THAN AS EXPRESSLY SET OUT IN ARTICLE 9, INFRINGEMENT AND DIGITALED’S INDEMNIFICATION OR OTHERWISE HEREIN AND OT THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SOFTWARE AND ANY SUPPORT IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO CIRCUMSTANCE ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DIGITALED, ITS AFFILIATES, DEALERS, RESELLERS OR DISTRIBUTORS, SHALL STRAD CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ASSUME THE ENTIRE RISK AS OT THE USE AND PERFORMANCE OF THE SOFTWARE, SUPPORT AND DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL DIGITALED, ITS AGENTS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, SUPPORT AND/OR DOCUMENTATION BE LIABLE TO PURCHASER YOU OR ANY OTHER PARTY PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL SPECIAL, OR PUNITIVE DAMAGES, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO, THE COST DAMAGES FOR LOSS OF LABOUR, REQUALIFICATION, REWORK, DELAY, LOST REVENUES OR PROFITS, OR BUSINESS INTERRUPTION, TESTING INTERRUPTIONS, LOSS OF GOODWILL BUSINESS information (EXCLUDING LOSS OF PERSONAL INFORMATION), AND THE LIKE) ARISING OUT OF THE SALEUSE OR INABILITY TO USE THE SOFTWARE, INSTALLATION THE SUPPORT, THE TERMINATION OF THIS AGREEMENT, THE FAILURE OF EQUIPMENT RELATED TO YOUR COMPUTER OR DAMAGE TO YOUR COMPUTER, SOFTWARE OR OTHER PROPERTY RESULTING FROM YOUR USE OF THE GOODS. SOFTWARE OR SUPPORT, EVEN IF STRAD HAS ANY DIGITALED OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR CLAIM, OR IT IS FORESEEABLE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH A CASE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, DIGITALED’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO DIGITALED FOR YOUR MASTER SERVICES AGREEMENT. THE LIMITATIONS OF THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF CONTRACTA FUNDAMENTAL CONDITION OR TERM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, BREACH OF ANY IMPLIED CONDITION, WARRANTY OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW SO THE AGGREGATE LIABILITY OF STRAD ABOVE LIMITATION MAY NOT APPLY TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTYOU.

Limited Liability. UNDER IN NO CIRCUMSTANCE EVENT SHALL STRAD ECODELOGICAL BE LIABLE TO PURCHASER CLIENT OR TO ANY OTHER THIRD PARTY FOR LOSS OF USE, REVENUE, OR PROFITS, LOSS OF DATA, OR FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIALPUNITIVE, INDIRECT, SPECIAL OR PUNITIVE CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, THE COST OF LABOUR, REQUALIFICATION, REWORK, DELAY, LOST PROFITS, OR LOSS OF GOODWILL WHETHER ARISING OUT OF THE SALE, INSTALLATION OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR BREACH OF CONTRACT, BREACH TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, , REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY IMPLIED CONDITIONLIMITED REMEDY PROVIDED HEREIN. ECODELOGICAL MAKES NO WARRANTY OF ANY KIND, WARRANTY WHETHER EXPRESS OR REPRESENTATIONIMPLIED, TORT WITH REGARD TO ANY ADVICE GIVEN BY ECODELOGICAL, SPECIFICALLY INCLUDING ITS ACCOUNT STRATEGISTS, ANY THIRD PARTY PRODUCTS, THIRD PARTY CONTENT OR UNDER ANY OTHER THEORY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES. ECODELOGICAL SHALL NOT BE LIABLE FOR CLIENT’S FAILURE TO TAKE POSSESSION OR CONTROL OF LAW THE ANY ITEMS IDENTIFIED IN THIS AGREEMENT AS BELONGING TO CLIENT UPON TERMINATION OF THIS AGREEMENT. IN NO EVENT SHALL ECODELOGICAL’S AGGREGATE LIABILITY OF STRAD TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF OR RELATED TO THIS CONTRACTAGREEMENT EXCEED THE AGGREGATE AMOUNTS PAID TO ECODELOGICAL PURSUANT TO THE APPLICABLE ORDER FORM IN THE ONE (1) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $5000.00, WHICHEVER IS LESS.

Limited Liability. UNDER TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWS, IN NO CIRCUMSTANCE SHALL STRAD EVENT WILL STRIKEFORCE TECHNOLOGIES, INC. AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE "STRIKEFORCE") BE LIABLE TO PURCHASER FOR ANY INDIRECT, INCIDENTAL, DIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR ANY OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, THE COST OF LABOUR, REQUALIFICATION, REWORK, DELAY, LOST PROFITS, OR LOSS OF GOODWILL DAMAGES ARISING OUT OF THE SALE, INSTALLATION OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR BREACH OF CONTRACT, BREACH OF ANY IMPLIED CONDITION, WARRANTY OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY RELATING TO USING OR NON-USING THE PRODUCT, INCLUDING, BUT NOT LIMITED TO DAMAGES CAUSED BY PERSONAL INJURIES OR PROPERTY LOSSES, DAMAGES CAUSED BY LOST PROFITS, LOST DATA, WORK STOPPAGE, INTELLIGENT TERMINAL FAILURE OR MALFUNCTION OR LOST COMMERCIAL INFORMATION, DAMAGES CUASED BY DISCLOSURE OF PRIVACY DUE TO FAILURE TO PERFORM GOOD-WILL OR PROPER CARE OR ANY OTHER LIABILITY, DAMAGES CAUSE BY NEGLIGENCE, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, THE STRIKEFORCE'S ENTIRE COLLECTIVE LIABILITY UNDER ANY PROVISION OF THE XXXX SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE REASONABLE FEES YOU PAID FOR LICENSE OF THE "PRODUCT" (IF ANY) STIPULATED IN THE XXXX. IF YOU GET THE "PRODUCT" AND THE CORRESPONDING SERVICE FOR FREE, STRIKEFORCE SHALL NOT BE OBLIGATED TO UNDERTAKE ANY RESPONSBILITY OR PAY ANY COMPENSATION. ADDITIONALLY, STRIKEFORCE SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF THIS CONTRACTCONTENT PROVIDED BY LICENSEEOR A THIRD PARTY THAT IS ACCESSED THROUGH OR USED WITH THE "PRODUCT" AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.

Limited Liability. UNDER NO CIRCUMSTANCE FUDO SHALL STRAD NOT BE LIABLE TO PURCHASER CUSTOMER UNDER, IN CONNECTION WITH, OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL THEORY FOR ANY: (I) INDIRECT, PUNITIVE, LOST PROFITS OR TRABSACTIONAL LOSSES; (II) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES OR PROFITS; (III) LOSS OF GOODWILL OR REPUTATION; (IV) USE, INABILITY TO USE, INTERRUPTION, DELAY, OR DAMAGE RESULTING FROM SYSTEM FAILURE, MALFUNCTION, SHUTDOWN, FAILURE TO ACCURATE TRANSFER OR READ INFORMATION, FAILURE TO PROVIDE CORRECT INFORMATION OR ANY OTHER PARTY FOR COMMERCIAL DAMAGES OR LOSSES RESULTING FROM OR RELATED TO THE USE OR INABILITY TO USE FUDO ENTERPRISE, HOWEVER CAUSED; (V) LOSS, INABILITY TO USE, OR RECOVERY OF ANY INCIDENTALCUSTOMER DATA, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, THE BREACH OF CUSTOMER DATA OR SYSTEM SECURITY; OR (VI) COST OF LABOURREPLACEMENT GOODS OR SERVICES. THIS LIMITATION OF LIABILITY WILL APPLY WHETHER FUDO WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. ● Aggregate Liability. CUSTOMER AGREES THAT THE TOTAL LIABILITY OF FUDO TO CUSTOMER ARISING OUT OF, REQUALIFICATION, REWORK, DELAY, LOST PROFITSIN CONNECTION WITH, OR LOSS RELATING TO THIS AGREEMENT OR CUSTOMER’S USE OF GOODWILL ARISING OUT FUDO ENTERPRISE WILL NOT EXCEED, IN THE AGGREGATE FOR ALL SUCH LIABILITIES, ONE THOUSAND EURO (1.000 EUR), OR THE TOTAL NUMBER OF FEES, PAID BY CUSTOMER TO FUDO DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE SALEMOST RECENT ACT OR OMISSION GIVING RISE TO FUDO LIABILITY. CUSTOMER RELEASES FUDO FROM ALL OBLIGATIONS, INSTALLATION LIABILITY, CLAIMS, OR USE DEMANDS IN EXCESS OF THE GOODSLIMITATION. THIS LIMITATION SHALL SURVIVE AND APPLY EVEN IF STRAD HAS ANY LIABILITY FOR BREACH OF CONTRACT, BREACH OF ANY IMPLIED CONDITION, LIMITED WARRANTY OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD REMEDY HEREUNDER IS FOUND TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER HAVE FAILED OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACTESSENTIAL PURPOSE. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL● Allocation of Risk. CUSTOMER acknowledges and agrees that FUDO provides Fudo Enterprise in reliance upon the disclaimers of warranty and limitation of liability provisions provided herein and that the terms of this Agreement reflect an allocation of risk between CUSTOMER and FUDO (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), IRRESPECTIVE OF THE CAUSEand that the provisions herein form an essential basis of the bargain between CUSTOMER and FUDO. If CUSTOMER is subject to applicable Laws that prohibit CUSTOMER from entering into the risk allocation arrangement as set forth herein, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETOthen the terms will apply to CUSTOMER to the fullest extent permitted by applicable Law, it being understood that CUSTOMER and FUDO wish to enforce the provisions of this Agreement to the maximum extent permitted by applicable Law. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACT.●

Limited Liability. UNDER NO CIRCUMSTANCE SHALL STRAD TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT CARELUMINA, ITS AFFILIATES, AGENTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR ANY INCIDENTALCLAIM, CONSEQUENTIALLOSS, DAMAGES, EXPENSES OR COSTS WHETHER DIRECT OR INDIRECT, INCLUDING CONSEQUENTIAL OR SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TOLOST PROFITS OR OTHERWISE, THE COST OF LABOUR, REQUALIFICATION, REWORK, DELAY, LOST PROFITS, OR LOSS OF GOODWILL ARISING OUT OF THE SALEOR RELATING IN ANY WAY TO THIS AGREEMENT, INSTALLATION YOUR USE OR INABILITY TO USE THIS SERVICE, YOUR PURCHASE OR USE OF THE GOODSCARELUMINA PRODUCTS, SERVICES OR INFORMATION, YOUR PARTICIPATION AS A CARELUMINA INDEPENDENT REPRESENTATIVE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. IF STRAD HAS ANY LIABILITY FOR BREACH OF CONTRACT, BREACH OF ANY IMPLIED CONDITION, WARRANTY OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT, OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE GOODSPOSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT WE HAVE SET OUR PRICES AND ENTERED INTO THIS AGREEMENT WITH YOU IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT, PRODUCTS WHICH ALLOCATE RISK BETWEEN US AND FORM THE BASIS OF A BARGAIN BETWEEN US. NOTWITHSTANDING THE FOREGOING, SOME JURISDICTIONS MAY NOT ALLOW FOR LIMITED LIABILITY OR SERVICES THAT ARE THE SUBJECT EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE SPECIFIC ORDER RELATING ABOVE LIMITATIONS MAY APPLY TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTYOU.

Limited Liability. UNDER IN NO CIRCUMSTANCE SHALL STRAD EVENT WILL EITHER PARTY OR ANY OF ITS AFFILIATES, SUBSIDIARIES, OR LICENSORS BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, INDIRECTMULTIPLIED, SPECIAL ENHANCED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TOINCLUDING, THE COST WITHOUT LIMITATION, LOSS OF LABOURREVENUE, REQUALIFICATION, REWORK, DELAY, LOST PROFITS, OR LOSS OF GOODWILL ARISING OUT GOODWILL, BUSINESS INTERRUPTION, OR LOST IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCT, REGARDLESS OF THE SALEFORM OF ACTION, INSTALLATION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR USE OTHERWISE, EVEN IF SUCH PARTY, ITS AFFILIATES, ITS SUBSIDIARIES, OR ITS LICENSORS HAVE BEEN ADVISED OF THE GOODSPOSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY IN THOSE JURISDICTIONS. IF STRAD HAS ANY CLAIM IS MADE AGAINST A PARTY, INCLUDING WITHOUT LIMITATION CLAIMS AS A RESULT OF THE SUBSTANTIAL NON-CONFORMANCE OF THE SOFTWARE TO THE DOCUMENTATION OR OTHERWISE, THE PARTY’S TOTAL LIABILITY FOR BREACH DAMAGES WILL BE LIMITED, IN THE AGGREGATE, TO ITS ACTUAL DIRECT DAMAGES, AND IN ANY EVENT WILL NOT EXCEED THE TOTAL OF CONTRACT, BREACH ALL AMOUNTS MEDQUIST IS OBLIGATED TO PAY PSP UNDER THIS AGREEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF ANY IMPLIED CONDITION, WARRANTY LIABILITY FOR CERTAIN TYPES OF DAMAGE OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CERTAIN CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR SO SUCH LIMITATION MAY NOT APPLY IN ANY WAY ARISING OUT OF THIS CONTRACTSUCH JURISDICTION.

Limited Liability. UNDER JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO CIRCUMSTANCE SHALL STRAD BE LIABLE WARRANTY AS TO PURCHASER ITS USE OR ANY OTHER PARTY FOR ANY INCIDENTALPERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONSEQUENTIALJETBRAINS, INDIRECTAND ITS SUPPLIERS, SPECIAL AFFILIATES AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR PUNITIVE DAMAGESIMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE COST JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF LABOUROR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, REQUALIFICATIONWHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, REWORKAGENTS, DELAYDIRECTORS, LOST PROFITSAND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER'S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF GOODWILL ARISING OUT OF THE SALE, INSTALLATION OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR BREACH OF CONTRACT, BREACH OF ANY IMPLIED CONDITION, WARRANTY OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES DATA THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH RESULTS FROM SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTDOWNLOAD.

Limited Liability. UNDER IN NO CIRCUMSTANCE SHALL STRAD EVENT WILL ZELTIQ OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO PURCHASER FOR LOST PROFITS OR ANY OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, THE COST OF LABOUR, REQUALIFICATION, REWORK, DELAY, LOST PROFITS, OR LOSS OF GOODWILL CONSEQUENTIAL DAMAGES ARISING OUT OF THE SALE, INSTALLATION OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR RELATED TO THIS AGREEMENT (WHETHER FROM BREACH OF CONTRACT, BREACH OF ANY IMPLIED CONDITIONWARRANTY, WARRANTY OR REPRESENTATIONFROM NEGLIGENCE, TORT STRICT LIABILITY, OR UNDER ANY OTHER THEORY FORM OF LAW ACTION), EVEN IF ZELTIQ HAS BEEN ADVISED OF THE AGGREGATE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF STRAD TO PURCHASER SHALL BE LIMITED IN RESPECT ESSENTIAL PURPOSE OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODSLIMITED REMEDY HEREIN. IN NO EVENT WILL ZELTIQ’S AGGREGATE, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH CUMULATIVE LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF OR RELATED TO THIS CONTRACT.AGREEMENT EXCEED THE SUM OF ALL FEES ACTUALLY PAID TO ZELTIQ BY DISTRIBUTOR PURSUANT TO SECTION 4 DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. THIS LIMITATION OF LIABILITY IS CUMULATIVE, WITH ALL PAYMENTS BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF TWO OR MORE CLAIMS OR SUITS WILL NOT ENLARGE THIS LIMIT. IN NO EVENT WILL ZELTIQ HAVE ANY LIABILITY WHATSOEVER UNDER THIS AGREEMENT TO CUSTOMERS. THE PARTIES ACKNOWLEDGE THAT THE PRICES SPECIFIED IN THIS AGREEMENT REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT ZELTIQ WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THE FOREGOING LIMITATIONS OF ITS LIABILITY AND THE WARRANTY DISCLAIMERS CONTAINED HEREIN. ZELTIQ CONFIDENTIAL

Limited Liability. UNDER NO CIRCUMSTANCE SHALL STRAD BE LIABLE OTHER THAN AS EXPRESSLY SET OUT HEREIN AND TO PURCHASER THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE T.A. SERVICE AND SUPPORT IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OR CONDITION OF ANY OTHER PARTY FOR ANY INCIDENTALKIND, CONSEQUENTIALEITHER EXPRESS OR IMPLIED, INDIRECT, SPECIAL STATUTORY OR PUNITIVE DAMAGESOTHERWISE, INCLUDING BUT NOT LIMITED TOTO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MAPLESOFT OR ITS AFFILIATES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE USE AND PERFORMANCE OF THE T.A. SERVICE, SUPPORT AND DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. WITHOUT LIMITING THE COST GENERALITY OF LABOURTHE FOREGOING, REQUALIFICATIONIN NO EVENT SHALL MAPLESOFT, REWORKTHIRD PARTY LICENSORS, DELAYITS AGENTS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, LOST PRODUCTION OR DELIVERY OF THE T.A. SERVICE, SUPPORT AND/OR DOCUMENTATION BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES OR PROFITS, OR BUSINESS INTERRUPTION, TESTING INTERRUPTIONS, LOSS OF GOODWILL BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE SALEUSE OR INABILITY TO USE THE T.A. SERVICE, INSTALLATION THE SUPPORT OR THE TERMINATION OF THIS AGREEMENT, THE FAILURE OF EQUIPMENT RELATED TO CUSTOMER'S COMPUTER OR DAMAGE TO CUSTOMER'S COMPUTER, SOFTWARE OR OTHER PROPERTY RESULTING FROM CUSTOMER'S USE OF THE GOODST.A. SERVICE OR SUPPORT, EVEN IF MAPLESOFT OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR CLAIM, OR IT IS FORESEEABLE. IF STRAD HAS ANY BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER IN SUCH A CASE. MAPLESOFT'S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE T.A. SERVICE. THE LIMITATIONS OF THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF CONTRACTA FUNDAMENTAL CONDITION OR TERM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, BREACH OF ANY IMPLIED CONDITION, WARRANTY OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW SO THE AGGREGATE LIABILITY OF STRAD ABOVE LIMITATION MAY NOT APPLY TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTCUSTOMER.

Limited Liability. UNDER NO CIRCUMSTANCE SHALL STRAD BE LIABLE OTHER THAN AS EXPRESSLY SET OUT HEREIN AND TO PURCHASER THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE PTS SERVICE AND SUPPORT IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OR CONDITION OF ANY OTHER PARTY FOR ANY INCIDENTALKIND, CONSEQUENTIALEITHER EXPRESS OR IMPLIED, INDIRECT, SPECIAL STATUTORY OR PUNITIVE DAMAGESOTHERWISE, INCLUDING BUT NOT LIMITED TOTO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MAPLESOFT OR ITS AFFILIATES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE USE AND PERFORMANCE OF THE PTS SERVICE, SUPPORT AND DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. WITHOUT LIMITING THE COST GENERALITY OF LABOURTHE FOREGOING, REQUALIFICATIONIN NO EVENT SHALL MAPLESOFT, REWORKTHIRD PARTY LICENSORS, DELAYITS AGENTS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, LOST PRODUCTION OR DELIVERY OF THE PTS SERVICE, SUPPORT AND/OR DOCUMENTATION BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES OR PROFITS, OR BUSINESS INTERRUPTION, TESTING INTERRUPTIONS, LOSS OF GOODWILL BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE SALEUSE OR INABILITY TO USE THE PTS SERVICE, INSTALLATION THE SUPPORT OR THE TERMINATION OF THIS AGREEMENT, THE FAILURE OF EQUIPMENT RELATED TO CUSTOMER'S COMPUTER OR DAMAGE TO CUSTOMER'S COMPUTER, SOFTWARE OR OTHER PROPERTY RESULTING FROM CUSTOMER'S USE OF THE GOODSPTS SERVICE OR SUPPORT, EVEN IF MAPLESOFT OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR CLAIM, OR IT IS FORESEEABLE. IF STRAD HAS ANY BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER IN SUCH A CASE. MAPLESOFT'S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE PTS SERVICE. THE LIMITATIONS OF THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF CONTRACTA FUNDAMENTAL CONDITION OR TERM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, BREACH OF ANY IMPLIED CONDITION, WARRANTY OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW SO THE AGGREGATE LIABILITY OF STRAD ABOVE LIMITATION MAY NOT APPLY TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTCUSTOMER.

Limited Liability. UNDER A SUBJECT TO SECTION 11(B) BELOW AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO CIRCUMSTANCE EVENT SHALL STRAD TREND MICRO OR ITS SUPPLIERS BE LIABLE TO PURCHASER OR ANY OTHER PARTY YOU (i) FOR ANY INCIDENTAL, LOSSES WHICH WERE NOT REASONABLY FORSEEABLE AT THE TIME OF ENTERING INTO THIS AGREEMENT OR (ii) FOR ANY CONSEQUENTIAL, INDIRECTSPECIAL, SPECIAL INCIDENTAL OR PUNITIVE DAMAGESINDIRECT DAMAGES OF ANY KIND OR FOR LOST OR CORRUPTED DATA OR MEMORY, INCLUDING BUT NOT LIMITED TOSYSTEM CRASH, THE COST OF LABOUR, REQUALIFICATION, REWORK, DELAYDISK/ SYSTEM DAMAGE, LOST PROFITSPROFITS OR SAVINGS, OR LOSS OF GOODWILL BUSINESS, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SALE, INSTALLATION SOFTWARE OR USE SUBSCRIPTION SERVICES. THESE LIMITATIONS APPLY EVEN IF TREND MICRO HAS BEEN ADVISED OF THE GOODS. IF STRAD HAS ANY LIABILITY POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER FOR BREACH OF CONTRACT, BREACH OF ANY IMPLIED CONDITIONNEGLIGENCE, WARRANTY STRICT PRODUCT LIABILITY OR REPRESENTATION, TORT OR UNDER ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. B SECTION 11(A) DOES NOT SEEK TO LIMIT OR EXCLUDE THE LIABILITY OF TREND MICRO OR ITS SUPPLIERS IN THE EVENT OF DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR FOR FRAUD OR FOR ANY OTHER LIABILITY FOR WHICH IT IS NOT PERMITTED BY LAW TO EXCLUDE. C SUBJECT TO SECTIONS 11(A) AND 11(B) ABOVE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF STRAD TREND MICRO OR ITS SUPPLIERS FOR ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY, EXCEED THE SOFTWARE LICENCE AND SUBSCRIPTION SERVICE FEES PAID OR OWED BY YOU. D THE LIMITATIONS OF LIABILITY IN THIS SECTION 11 ARE BASED ON THE FACT THAT CUSTOMERS USE THEIR COMPUTERS FOR DIFFERENT HOME AND BUSINESS PURPOSES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS APPROPRIATE TO PURCHASER SHALL BE LIMITED YOUR NEEDS IN RESPECT OF ANY OCCURRENCE THE EVENT AN ERROR IN THE SOFTWARE OR SERIES OF OCCURRENCES SERVICES CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS, YOU AGREE TO THE CONTRACTUAL VALUE LIMITATIONS OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETOTHIS SECTION 11 AND ACKNOWLEDGE THAT WITHOUT YOUR AGREEMENT TO THIS PROVISION, THE FEES CHARGED FOR THE SOFTWARE AND SUBSCRIPTION SERVICES WOULD BE HIGHER. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACT.Internet Security Pro 2008 AntiVirus Internet Security 2008 xxx.xxxxxxxxxx-xxxxxxxx.xxx Trend Micro End User License Agreement

Limited Liability. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS IPA, EACH PARTY’S AGGREGATE LIABILITY IN CONNECTION WITH THIS IPA, REGARDLESS OF THE FORM OF ACTION GIVING RISE TO THE LIABILITY (WHETHER IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY), SHALL NOT EXCEED THE PURCHASE PRICE PAID TO CISCO BY CM UNDER NO CIRCUMSTANCE THIS IPA AND NEITHER PARTY SHALL STRAD NOT BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS, NOR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGESDAMAGES OF ANY KIND RELATED TO THE INVENTORY OR THIS IPA, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) OR OTHERWISE, AND WHETHER OR NOT A PARTY IS INFORMED OF THE POSSIBILITY THEREOF IN ADVANCE. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT. THE LIMITATIONS IN THIS SECTION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED TOREMEDY. THE PARTIES ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS SHALL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED CISCO CONFIDENTIAL Cisco BV – Solectron Texas HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE AND THAT THE PROVISIONS OF THIS ARTICLE 3 CONTAIN THE ALLOCATION OF RISK AND ARE A FUNDAMENTAL BASIS OF THE BARGAIN AGREED TO BY THE PARTIES. NOTWITHSTANDING THE FOREGOING, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO INVENTORY AFTER IT HAS BEEN INCORPORATED INTO CISCO PRODUCTS; IN SUCH CASE, THE COST LIMITATION OF LABOUR, REQUALIFICATION, REWORK, DELAY, LOST PROFITS, OR LOSS OF GOODWILL ARISING OUT LIABILITY PROVISIONS OF THE SALE, INSTALLATION OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR BREACH OF CONTRACT, BREACH OF ANY IMPLIED CONDITION, WARRANTY OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD TO PURCHASER PPA SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTAPPLY.

Limited Liability. UNDER JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO CIRCUMSTANCE SHALL STRAD BE LIABLE WARRANTY AS TO PURCHASER ITS USE OR ANY OTHER PARTY FOR ANY INCIDENTALPERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONSEQUENTIALJETBRAINS, INDIRECTAND ITS SUPPLIERS AND RESELLERS, SPECIAL DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR PUNITIVE DAMAGESIMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE COST JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF LABOUROR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, REQUALIFICATIONWHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, REWORKAGENTS, DELAYDIRECTORS, LOST PROFITSAND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER'S REQUIREMENTS; THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF GOODWILL ARISING OUT OF THE SALE, INSTALLATION OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR BREACH OF CONTRACT, BREACH OF ANY IMPLIED CONDITION, WARRANTY OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES DATA THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH RESULTS FROM SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTDOWNLOAD.

Limited Liability. UNDER TO THE EXTENT PERMITTED BY LAW, IN NO CIRCUMSTANCE EVENT SHALL STRAD SELLER OR ITS SUPPLIERS BE LIABLE TO PURCHASER OR ANY OTHER THIRD PARTY FOR ANY INCIDENTALIN TORT (INCLUDING NEGLIGENCE), CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, THE COST OF LABOUR, REQUALIFICATION, REWORK, DELAY, LOST PROFITS, OR LOSS OF GOODWILL ARISING OUT OF THE SALE, INSTALLATION OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR BREACH OF CONTRACT, BREACH OF ANY IMPLIED CONDITIONSTATUTORY DUTY OR OTHERWISE DUE TO, WARRANTY UNDER AND/OR REPRESENTATION, TORT ARISING OUT OF OR UNDER ANY OTHER THEORY OF LAW IN CONNECTION WITH THESE TERMS AND CONDITIONS IF AND TO THE AGGREGATE LIABILITY OF STRAD TO PURCHASER SHALL BE LIMITED EXTENT THAT THE LOSS OR DAMAGE IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY ARISES OR IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION CLAIMED TO ARISE FALLS WITHIN ANY OF GOODS SHALL NOT RELIEVE PURCHASER THE FOLLOWING CATEGORIES: LOSS OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE PROFITS; LOSS OF REVENUE OR SUBSURFACE BUSINESS; LOSS OF GOODWILL OR REPUTATION; LOSS OF OR CORRUPTION OR DAMAGE TO ANY WELLDATA; LOSS OF MANAGEMENT TIME, IRRESPECTIVE OR OTHER COMMERCIAL DAMAGES OR LOSSES, WHETHER OR NOT SUCH PARTY HAD BEEN ADVISED OF THE CAUSE, THAT MAY RESULT FROM THE USE POSSIBILITY OF SUCH GOODS LOSS, CORRUPTION OR DAMAGE. TO THE EXTENT PERMITTED BY LAW, SELLER’S TOTAL AND STRAD SHALL HAVE NO CUMULATIVE LIABILITY IN RELATION THERETO. TO PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM OR ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY THIRD PARTY ARISING OUT OF THIS OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION, THE COVERED HARDWARE OR ITEMS PROVIDED HEREUNDER (INCLUDING USE THEREOF), THE SERVICE CONTRACT, THE SERVICES PROVIDED HEREUNDER, AND SELLER’S PERFORMANCE HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STATUTORY DUTY OR OTHERWISE, SHALL IN NO EVENT EXCEED THE AMOUNT PAID TO SELLER FOR THE SERVICE CONTRACT AND BILLABLE SERVICES.

Limited Liability. UNDER YOU UNDERSTAND THAT THERE ARE RISKS ASSOCIATED WITH THE USE OF A MOBILE DEVICE, AND THAT IN THE EVENT OF THEFT OR LOSS, YOUR CONFIDENTIAL INFORMATION COULD BE COMPROMISED. IN NO CIRCUMSTANCE SHALL STRAD EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR ANY INCIDENTALCONSEQUENTIAL (INCLUDING, CONSEQUENTIALWITHOUT LIMITATION, LOSS OF DATA, FILES, PROFIT, OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE OF GOODS OR THE MOBILE BANKING SERVICE), INDIRECT, SPECIAL INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE MOBILE BANKING SERVICE EVEN IF YOU, BANK, OR BANK’S SERVICE PROVIDER HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ALLOWED BY LAW, THE AGGREGATE LIABILITY OF BANK AND OUR THIRD PARTY SERVICE PROVIDERS UNDER THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00). YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED BY BANK ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, BANK MAKES NO, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT, WHATSOEVER TO YOU OR TO ANY OTHER PERSON AS TO THE SERVICES OR ANY ASPECT THEREOF, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, OR SUITABILITY. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR ANY SERVICES TO BE PERFORMED PURSUANT HERETO. BANK MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, TO YOU AS TO ANY MOBILE DEVICE HARDWARE, SOFTWARE, OR EQUIPMENT USED IN CONNECTION WITH THE SERVICE (INCLUDING, WITHOUT LIMITATION, YOUR MOBILE DEVICE OR RELATED EQUIPMENT, YOUR SOFTWARE, OR YOUR MOBILE SERVICE PROVIDER OR ITS EQUIPMENT), OR AS TO THE SUITABILITY OR COMPATIBILITY OF BANK’S SOFTWARE, INTERNET DELIVERED SERVICE, EQUIPMENT OR COMMUNICATION INTERFACES WITH THOSE THAT YOU USE, OR AS TO WHETHER ANY SOFTWARE OR INTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, INCLUDING (BUT NOT LIMITED TO) ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BANK SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERRORS OR FAILURES RESULTING FROM DEFECTS IN OR MALFUNCTIONS OF YOUR MOBILE DEVICE HARDWARE OR SOFTWARE, FOR THE COST QUALITY OF LABOUR, REQUALIFICATION, REWORK, DELAY, LOST PROFITSPERFORMANCE OR LACK OF PERFORMANCE OF ANY SOFTWARE OR HARDWARE OR INTERNET DELIVERED SERVICES SUPPLIED BY BANK TO YOU IN CONNECTION WITH THIS AGREEMENT, OR LOSS FOR THE TRANSMISSION OR FAILURE OF GOODWILL ARISING OUT OF THE SALE, INSTALLATION OR USE OF THE GOODS. IF STRAD HAS ANY LIABILITY FOR BREACH OF CONTRACT, BREACH TRANSMISSION OF ANY IMPLIED CONDITION, WARRANTY INFORMATION FROM YOU TO BANK OR REPRESENTATION, TORT OR UNDER ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD FROM BANK TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODS, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODS, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLEYOU. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS BANK SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR NOTIFYING YOU OF ANY SURFACE UPGRADES OR SUBSURFACE DAMAGE ENHANCEMENTS TO ANY WELL, IRRESPECTIVE OF THE CAUSE, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY YOUR MOBILE DEVICE HARDWARE OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTSOFTWARE.

Limited Liability. UNDER EXCEPT FOR EACH PARTY’S INDEMNITY OBLIGATIONS, IN NO CIRCUMSTANCE EVENT SHALL STRAD EITHER PARTY BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIALSPECIAL, INDIRECTPUNITIVE, SPECIAL OR PUNITIVE DAMAGESCONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, SUFFERED BY THE OTHER PARTY, INCLUDING BUT NOT LIMITED TOWITHOUT LIMITATION LOST PROFITS OR GOODWILL, THE COST OF LABOUR, REQUALIFICATION, REWORK, DELAY, LOST PROFITS, BUSINESS INTERRUPTIONS OR OTHER ECONOMIC LOSS OF GOODWILL ARISING OUT OF THE SALE, INSTALLATION OR RELATED TO THIS AGREEMENT OR ANY USE OF OR FAILURE TO BE ABLE TO USE THE GOODSLEARNINGSTUDIO OR THE PEARSON PRODUCTS OR SERVICES. IF STRAD HAS ANY DURING THE FIRST TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE, XXXXXXX’X MAXIMUM AGGREGATE LIABILITY FOR BREACH UNDER THIS AGREEMENT WILL IN NO EVENT EXCEED FIVE MILLION DOLLARS (USD). THEREAFTER, XXXXXXX’X MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT DURING EACH SUBSEQUENT TWELVE MONTH PERIOD WILL IN NO EVENT EXCEED THE GREATER OF FIVE MILLION DOLLARS (USD) OR THE TOTAL FEES PAID BY RUTGERS TO PEARSON PURSUANT TO THIS AGREEMENT DURING THE IMMEDIATELY PRECEDING TWELVE MONTH PERIOD. NOTWITHSTANDING THE FOREGOING, CLAIMS BASED ON PERSONAL INJURY OR DEATH SHALL NOT BE SUBJECT TO THE LIABILITY CAPS SET FORTH HEREIN. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, BREACH TORT, OR OTHERWISE, EVEN IF THE PARTY HAS BEEN WARNED OF THE POSSIBILITY OF ANY IMPLIED CONDITIONSUCH LOSS OR DAMAGE, WARRANTY OR REPRESENTATION, TORT OR UNDER AND EVEN IF ANY OTHER THEORY OF LAW THE AGGREGATE LIABILITY OF STRAD TO PURCHASER SHALL BE LIMITED IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES TO THE CONTRACTUAL VALUE OF THE GOODSLIMITED REMEDIES IN THIS AGREEMENT FAILS OF THEIR ESSENTIAL PURPOSE. No action, PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE SPECIFIC ORDER RELATING TO THE GOODSregardless of form, PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY IS ATTRIBUTABLE. ALL GOODS PURCHASED HEREUNDER ARE AT PURCHASER'S RISK. WELL CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF GOODS SHALL NOT RELIEVE PURCHASER OF ITS RESPONSIBILITY FOR PAYMENT IN ACCORDANCE WITH THIS CONTRACT. PURCHASER SHALL BE RESPONSIBLE FOR ANY SURFACE OR SUBSURFACE DAMAGE TO ANY WELLarising under this Agreement may be brought by either party more than two years after the facts supporting the cause of action become known, IRRESPECTIVE OF THE CAUSEor reasonably should have become known, THAT MAY RESULT FROM THE USE OF SUCH GOODS AND STRAD SHALL HAVE NO LIABILITY IN RELATION THERETO. PURCHASER SHALL DEFENDto the claimant, INDEMNIFY AND HOLD HARMLESS STRAD FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON OR FOR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GOODS PURCHASED OR SERVICES PERFORMED HEREUNDER OR IN ANY WAY ARISING OUT OF THIS CONTRACTexcept that an action for non-payment may be brought without any limitation on time.