Common use of Exclusion of Damages Clause in Contracts

Exclusion of Damages. IN NO EVENT SHALL EITHER PARTY OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES OR LOST PROFITS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE) ARISING IN ANY WAY OUT OF OR RELATING TO THIS AGREEMENT, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDED, HOWEVER, THAT THE FOREGOING LIMITATIONS SHALL NOT LIMIT EACH PARTY’S OBLIGATIONS EXPRESSLY ASSUMED IN EXHIBIT H OF THE MASTER SEPARATION AND DISTRIBUTION AGREEMENT; PROVIDED FURTHER THAT THE EXCLUSION OF PUNITIVE DAMAGES SHALL APPLY IN ANY EVENT. EACH PARTY ACKNOWLEDGES AND AGREES THAT ALL PALM MARKS, THE PALMONE BRAND, AND ANY OTHER INFORMATION OR MATERIALS LICENSED OR PROVIDED HEREUNDER ARE LICENSED OR PROVIDED ON AN “AS IS” BASIS AND THAT NEITHER PARTY NOR ANY OF ITS SUBSIDIARIES MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT THERETO, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, ENFORCEABILITY OR NON-INFRINGEMENT. Without limiting the generality of the foregoing, Holding makes no warranty or representation as to the validity of the PalmOne Brand or any Transition Xxxx licensed by it to PalmOne or any warranty or representation that any use of the PalmOne Brand or any Transition Xxxx with respect to any product or service shall be free from infringement of any rights of any Third Party.

Exclusion of Damages. IN NO EVENT SHALL EITHER PARTY WILL THE REVIEW OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SUPPLIERS BE LIABLE TO THE OTHER SUBSCRIBER, SUBSCRIBERS' AUTHORIZED USERS OR ANY THIRD PARTY OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR PUNITIVE CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR LOST PROFITSPROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED AND THE LICENSED CONTENT, OR THE REVIEW SITE, WHETHER BASED ON ANY THEORY BREACH OF LIABILITY CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) ARISING IN ANY WAY OUT ), OR OTHERWISE, REGARDLESS OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS THE REVIEW OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDED, HOWEVER, DAMAGE. SUBSCRIBER AGREES THAT THE FOREGOING LIMITATIONS SHALL REVIEW WILL NOT LIMIT EACH PARTY’S OBLIGATIONS EXPRESSLY ASSUMED IN EXHIBIT H OF BE LIABLE FOR ANY CREDITS OR REFUNDS FOR SERVICE INTERRUPTIONS, LATENCY, INCOMPLETE CONTENT TRANSMISSION, GENERAL NETWORK FAILURES OR OTHER FAILURES REGARDING CONTENT ACCESS OR TRANSMISSION WHICH MAY FROM TIME TO TIME MAKE THE MASTER SEPARATION AND DISTRIBUTION AGREEMENT; PROVIDED LICENSED CONTENT OR THE REVIEW SITE UNAVAILABLE TO AUTHORIZED USERS. THE SUBSCRIBER FURTHER THAT THE EXCLUSION OF PUNITIVE DAMAGES SHALL APPLY IN ANY EVENT. EACH PARTY ACKNOWLEDGES AND AGREES THAT ALL PALM MARKSNO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THE PALMONE BRAND, AND ANY OTHER INFORMATION OR MATERIALS LICENSED OR PROVIDED HEREUNDER ARE LICENSED OR PROVIDED ON AN “AS IS” BASIS AND THAT NEITHER PARTY NOR ANY OF ITS SUBSIDIARIES MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT THERETO, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, ENFORCEABILITY OR NON-INFRINGEMENT. Without limiting the generality of the foregoing, Holding makes no warranty or representation as to the validity of the PalmOne Brand or any Transition Xxxx licensed by it to PalmOne or any warranty or representation that any use of the PalmOne Brand or any Transition Xxxx with respect to any product or service shall be free from infringement of any rights of any Third PartyCONTENT MAY BE BROUGHT BY THE SUBSCRIBER MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH ACTION HAS OCCURRED.

Exclusion of Damages. IN NO EVENT TO THE EXTENT PERMITTED BY LAW, NEITHER MICRO FOCUS NOR ANY OF ITS THIRD-PARTY SUPPLIERS SHALL EITHER PARTY OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS FOR ANY INJURY, LOSS OR DAMAGE, WHETHER INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES CONSEQUENTIAL, ARISING OUT OF THE SUPPORT SERVICES OR THE USE OR INABILITY TO USE THE MAINTAINED SOFTWARE, NOR FOR ANY LOST PROFITS, HOWEVER CAUSED AND ON ANY THEORY DATA OR PROGRAMS, OR THE COST OF LIABILITY (INCLUDING NEGLIGENCE) ARISING IN ANY WAY OUT OF RECOVERING SUCH DATA OR RELATING TO THIS AGREEMENTPROGRAMS, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDED, HOWEVER, THAT THE FOREGOING LIMITATIONS SHALL NOT LIMIT EACH PARTY’S OBLIGATIONS EXPRESSLY ASSUMED DAMAGES IN EXHIBIT H OF THE MASTER SEPARATION AND DISTRIBUTION AGREEMENT; ADVANCE. EXCEPT AS SPECIFICALLY PROVIDED FURTHER THAT THE EXCLUSION OF PUNITIVE DAMAGES SHALL APPLY IN ANY EVENT. EACH PARTY ACKNOWLEDGES AND AGREES THAT ALL PALM MARKS, THE PALMONE BRANDHEREIN, AND TO THE EXTENT PERMITTED BY LAW, MICRO FOCUS AND ITS THIRD PARTY SUPPLIERS HEREBY DISCLAIM ANY OTHER INFORMATION CONDITIONS OR MATERIALS LICENSED WARRANTIES WHETHER EXPRESS OR PROVIDED HEREUNDER ARE LICENSED IMPLIED, STATUTORY OR PROVIDED ON AN “AS IS” BASIS AND THAT NEITHER PARTY NOR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY OF ITS SUBSIDIARIES MAKES ANY REPRESENTATIONS RELATING TO QUALITY, MERCHANTABILITY OR EXTENDS ANY WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR PURPOSE WITH RESPECT THERETOTO THE SUPPORT SERVICES TO BE PROVIDED HEREUNDER. 13. Limitation of Liability. ANY LIABILITY OF MICRO FOCUS OR ITS THIRD PARTY SUPPLIERS SHALL BE LIMITED IN THE AGGREGATE TO THE AMOUNT PAID BY LICENSEE FOR SUPPORT SERVICES FOR THE APPLICABLE MAINTAINED SOFTWARE DURING THE PRIOR 12 MONTH PERIOD. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. MICRO FOCUS AND ITS THIRD-PARTY SUPPLIERS’ LIMITATIONS OF LIABILITY ARE NOT CUMULATIVE. NEITHER THIS AGREEMENT NOR ANYTHING IN SECTIONS 12 AND 13 SHALL PURPORT TO EXCLUDE OR RESTRICT THE LIABILITY OF MICRO FOCUS OR ITS THIRD-PARTY SUPPLIERS TO ANY IMPLIED WARRANTIES OF TITLE, ENFORCEABILITY OR NON-INFRINGEMENT. Without limiting the generality of the foregoing, Holding makes no warranty or representation as to the validity of the PalmOne Brand or any Transition Xxxx licensed by it to PalmOne or any warranty or representation that any use of the PalmOne Brand or any Transition Xxxx with respect to any product or service shall be free from infringement of any rights of any Third PartyEXTENT NOT PERMITTED BY LAW.

Exclusion of Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS WILL THE WAVE PARTIES BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATESYOU, DIRECTORS, OFFICERS, EMPLOYEESANY USERS, OR AGENTS ANY THIRD-PARTY FOR ANY SPECIAL, CONSEQUENTIAL, LOST PROFIT OR ANY INDIRECT, INCIDENTAL CONSEǪUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOST PROFITS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE) ARISING IN ANY WAY OUT OF FROM OR RELATING TO THIS AGREEMENTAGREEMENT OR YOUR USE OF, WHETHER OR NOT SUCH PARTY HAS INABILITY TO USE, WAVE OR THE SERVICES, EVEN IF THE WAVE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDEDDAMAGES AND REGARDLESS OF WHETHER SUCH CLAIM IS BASED IN CONTRACT, HOWEVERTORT OR OTHERWISE. ACCESS TO, THAT AND USE OF, WAVE AND THE FOREGOING LIMITATIONS SHALL SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, MISUSE, ERROR, OR LOSS OF DATA ARISING FROM SUCH ACCESS AND USE. SOME JURISDICTIONS, INCLUDING STATES SUCH AS NEW JERSEY IN THE UNITED STATES, DO NOT LIMIT EACH PARTY’S OBLIGATIONS EXPRESSLY ASSUMED IN EXHIBIT H OF THE MASTER SEPARATION AND DISTRIBUTION AGREEMENT; PROVIDED FURTHER THAT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE DAMAGES SHALL APPLY INCIDENTAL OR CONSEǪUENTIAL DAMAGES. IF YOU LIVE IN ANY EVENT. EACH PARTY ACKNOWLEDGES AND AGREES THAT ALL PALM MARKSONE OF THESE JURISDICTIONS, THE PALMONE BRANDABOVE LIMITATION OR EXCLUSION DOES NOT APPLY TO YOU. OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WAVE PARTIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING WAVE OR THE SERVICES. WITHOUT LIMITING THE PRECEDING SENTENCE, YOU AND ALL USERS AGREE THAT ANY IMPLIED WARRANTIES SUCH AS THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED FROM YOUR LICENSE AND USE OF WAVE AND THE SERVICES. SOME JURISDICTIONS, INCLUDING NEW JERSEY IN THE UNITED STATES, DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES. IF YOU LIVE IN ONE OF THESE JURISDICTIONS, THE ABOVE LIMITATIONS DO NOT APPLY TO YOU AND IN SUCH CASE, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE MINIMUM PERMISSIBLE UNDER APPLICABLE LAW FROM THE DATE YOU FIRST ACCESSED OR USED WAVE OR THE SERVICES. YOU AND THE USERS EXPRESSLY ACKNOWLEDGE AND AGREE THAT WAVE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND YOU AND THE USERS AGREE TO USE WAVE, THE SERVICES, ANY THIRD-PARTY SERVICES AND ONLINE SERVICES, AND ANY OTHER INFORMATION CONTENT, MATERIALS, TOOLS, UTILITIES, SOFTWARE AND FUNCTIONALITY RELATED TO WAVE OR MATERIALS LICENSED OR PROVIDED HEREUNDER ARE LICENSED OR PROVIDED ON AN “AS IS” BASIS THE SERVICES AT YOUR OWN RISK. YOU AND THAT NEITHER PARTY NOR ANY THE USERS AGREE TO DETERMINE THE SUITABILITY OF ITS SUBSIDIARIES MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT THERETO, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, ENFORCEABILITY OR NON-INFRINGEMENTWAVE AND SERVICES FOR THE INTENDED USE AND AGREE TO VERIFY ALL RESULTS OBTAINED USING WAVE AND THE SERVICES. Without limiting You agree that the generality essential purposes of this Agreement may be fulfilled even with these limitations on liabilities. You acknowledge that Wave Financial would not be able to o er the foregoing, Holding makes no warranty or representation as to the validity of the PalmOne Brand or any Transition Xxxx licensed by it to PalmOne or any warranty or representation that any use of the PalmOne Brand or any Transition Xxxx with respect to any product or service shall be free from infringement of any rights of any Third PartyProducts and Services on an economical basis without these limitations.

Exclusion of Damages. IN NO EVENT TO THE EXTENT PERMITTED BY LAW, NEITHER DXC OR CUSTOMER SHALL EITHER PARTY OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR LOST PROFITS (WHETHER DIRECT OR ITS AFFILIATESINDIRECT), DIRECTORS, OFFICERS, EMPLOYEESLOSS OF USE OF DATA, OR AGENTS COST OF SUBSTITUTE GOODS, OR FOR ANY SPECIALINCIDENTAL, CONSEQUENTIAL, INDIRECTPUNITIVE, INCIDENTAL SPECIAL OR PUNITIVE EXEMPLARY DAMAGES OR LOST PROFITS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE) ARISING IN DAMAGE TO BUSINESS, REPUTATION, OR GOODWILL), OR INDIRECT DAMAGES OF ANY WAY OUT OF OR RELATING TO THIS AGREEMENTTYPE HOWEVER CAUSED, WHETHER BY BREACH OF WARRANTY, BREACH OF CONTRACT, IN TORT OR NOT ANY OTHER LEGAL ACTION OR EQUITABLE CAUSE OF ACTION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDED, HOWEVER, THAT DAMAGES IN ADVANCE OR IF SUCH DAMAGES WERE FORESEEABLE. THE FOREGOING LIMITATIONS EXCLUSIONS SHALL NOT LIMIT EACH APPLY TO (1) BODILY INJURY OR DEATH; AND (2) INFRINGEMENT BY A PARTY OF THE OTHER PARTY’S OBLIGATIONS EXPRESSLY ASSUMED INTELLECTUAL PROPERTY RIGHTS. NOTHWITHSTANDING THE FOREGOING, THIS SECTION 6.2 SHALL NOT PREVENT CUSTOMER’S RECOVERY FOR LEGALLY REQUIRED: (A) NOTIFICATION COSTS TO THIRD PARTIES INCURRED BY CUSTOMER; (B) COMMERCIALLY REASONABLE CREDIT MONITORING COSTS FOR THIRD PARTIES INCURRED BY CUSTOMER; AND (C) GOVERNMENT OR REGULATORY FINES PAID BY CUSTOMER, IN EXHIBIT H EACH CASE TO THE EXTENT CAUSED BY DXC’S MATERIAL BREACH OF THIS AGREEMENT THAT RESULT IN UNAUTHORIZED DISCLOSURE OF CUSTOMER DATA, PROVIDED THAT DXC’S CUMULATIVE AND AGGREGATE LIABILITY AT ALL TIMES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE MASTER SEPARATION AND DISTRIBUTION AGREEMENT; PROVIDED FURTHER THAT THE EXCLUSION OF PUNITIVE DAMAGES SHALL APPLY LIABILITY AMOUNT SET FORTH IN ANY EVENT. EACH PARTY ACKNOWLEDGES AND AGREES THAT ALL PALM MARKS, THE PALMONE BRAND, AND ANY OTHER INFORMATION OR MATERIALS LICENSED OR PROVIDED HEREUNDER ARE LICENSED OR PROVIDED ON AN “AS IS” BASIS AND THAT NEITHER PARTY NOR ANY OF ITS SUBSIDIARIES MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT THERETO, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, ENFORCEABILITY OR NON-INFRINGEMENT. Without limiting the generality of the foregoing, Holding makes no warranty or representation as to the validity of the PalmOne Brand or any Transition Xxxx licensed by it to PalmOne or any warranty or representation that any use of the PalmOne Brand or any Transition Xxxx with respect to any product or service shall be free from infringement of any rights of any Third PartySECTION 6.1.

Exclusion of Damages. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW AND EXCLUDING (A) AMOUNTS TO BE PAID BY EITHER PARTY PURSUANT TO A COURT AWARD (OTHER THAN A DEFAULT JUDGMENT) OR SETTLEMENT AS WELL AS THE DEFENSE COSTS UNDER THE INDEMNIFICATION OBLIGATIONS NO MATTER HOW SUCH DAMAGES MAY BE CHARACTERIZED, AND (B) DAMAGES FOR BODILY INJURY OR DEATH, IN NO EVENT SHALL EITHER PARTY OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE HAVE ANY LIABILITY TO THE OTHER PARTY OR ITS AFFILIATESFOR ANY INDIRECT, DIRECTORSSPECIAL, OFFICERSINCIDENTAL, EMPLOYEESPUNITIVE, OR AGENTS CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES OR LOST PROFITS, HOWEVER CAUSED AND ON ANY THEORY OR COST OF LIABILITY (INCLUDING NEGLIGENCE) DATA RECONSTRUCTION FOR DATA THAT IS NOT CUSTOMER DATA WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY OUT OF CONNECTED WITH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR RELATING TO THIS AGREEMENTOMISSION, WHETHER EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR NOT SUCH PARTY HAS PARTY’S LICENSORS OR SUBCONTRACTORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES; PROVIDED. CUSTOMER WILL NOT ASSERT THAT ITS PAYMENT OBLIGATIONS FOR SERVICES MADE AVAILABLE BY WORKDAY TO CUSTOMER IN ACCORDANCE WITH THIS AGREEMENT AND, HOWEVERIF APPLICABLE, THAT ITS OBLIGATION TO PAY THE FOREGOING LIMITATIONS SHALL NOT LIMIT EACH PARTYEARLY TERMINATION FEE PURSUANT TO SECTION 9.3 (EFFECT OF TERMINATION) ARE EXCLUDED AS WORKDAY’S OBLIGATIONS EXPRESSLY ASSUMED IN EXHIBIT H OF THE MASTER SEPARATION AND DISTRIBUTION AGREEMENT; PROVIDED FURTHER THAT THE EXCLUSION OF PUNITIVE DAMAGES SHALL APPLY IN ANY EVENT. EACH PARTY ACKNOWLEDGES AND AGREES THAT ALL PALM MARKS, THE PALMONE BRAND, AND ANY OTHER INFORMATION OR MATERIALS LICENSED OR PROVIDED HEREUNDER ARE LICENSED OR PROVIDED ON AN “AS IS” BASIS AND THAT NEITHER PARTY NOR ANY OF ITS SUBSIDIARIES MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT THERETO, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, ENFORCEABILITY OR NON-INFRINGEMENT. Without limiting the generality of the foregoing, Holding makes no warranty or representation as to the validity of the PalmOne Brand or any Transition Xxxx licensed by it to PalmOne or any warranty or representation that any use of the PalmOne Brand or any Transition Xxxx with respect to any product or service shall be free from infringement of any rights of any Third PartyLOST PROFITS.

Exclusion of Damages. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN NO EVENT CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) SHALL EITHER PARTY TO THIS AGREEMENT, OR ITS THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, SUPPLIERS OR AGENTS LICENSORS, BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATESAFFILIATES FOR ANY LOST PROFITS (WHETHER DIRECT OR INDIRECT), DIRECTORSLOST SALES OR BUSINESS, OFFICERSLOST DATA (WHERE SUCH DATA IS LOST IN THE COURSE OF TRANSMISSION VIA CUSTOMER’S SYSTEMS OR OVER THE INTERNET THROUGH NO FAULT OF SKILLS4GOOD), EMPLOYEESBUSINESS INTERRUPTION, LOSS OF GOODWILL, COSTS OF COVER OR REPLACEMENT, COSTS OF SUBSTITUTE GOODS, OR AGENTS FOR ANY OTHER TYPE OF INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIALEXEMPLARY, INDIRECT, INCIDENTAL CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGES OR LOST PROFITS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE) ARISING DAMAGE TO BUSINESS, REPUTATION OR GOODWILL), OR FOR ANY OTHER INDIRECT LOSS OR DAMAGES INCURRED BY THE OTHER PARTY OR ITS AFFILIATES IN ANY WAY OUT OF OR RELATING TO CONNECTION WITH THIS AGREEMENT, THE COMPLIANCE PACKAGE OR PROFESSIONAL SERVICES, REGARDLESS OF WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES; PROVIDED, HOWEVERHOWEVER CAUSED, THAT THE FOREGOING LIMITATIONS SHALL NOT LIMIT EACH PARTY’S OBLIGATIONS EXPRESSLY ASSUMED WHETHER BY BREACH OF WARRANTY, BREACH OF CONTRACT, IN EXHIBIT H TORT OR ANY OTHER LEGAL OR EQUITABLE CAUSE OF THE MASTER SEPARATION AND DISTRIBUTION AGREEMENT; PROVIDED FURTHER THAT THE EXCLUSION ACTION ARISING OUT OF PUNITIVE DAMAGES SHALL APPLY OR IN ANY EVENT. EACH PARTY ACKNOWLEDGES AND AGREES THAT ALL PALM MARKS, WAY CONNECTED WITH THE PALMONE BRAND, AND ANY OTHER INFORMATION COMPLIANCE PACKAGE OR MATERIALS LICENSED OR PROVIDED HEREUNDER ARE LICENSED OR PROVIDED ON AN “AS IS” BASIS AND THAT NEITHER PARTY NOR ANY OF ITS SUBSIDIARIES MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT THERETOPROFESSIONAL SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE COMPLIANCE PACKAGE OR PROFESSIONAL SERVICES, ANY IMPLIED WARRANTIES INTERRUPTION, INACCURACY, ERROR OR OMISSION THEREOF, EVEN IF SUCH PARTY HAS BEEN ADVISED OF TITLE, ENFORCEABILITY SUCH DAMAGES IN ADVANCE OR NON-INFRINGEMENT. Without limiting the generality of the foregoing, Holding makes no warranty or representation as to the validity of the PalmOne Brand or any Transition Xxxx licensed by it to PalmOne or any warranty or representation that any use of the PalmOne Brand or any Transition Xxxx with respect to any product or service shall be free from infringement of any rights of any Third PartyIF SUCH DAMAGES WERE FORESEEABLE.

Exclusion of Damages. IN NO EVENT Section 15.01 TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR BREACHES OF CONFIDENTIALITY, NEITHER PARTY SHALL EITHER PARTY OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATESANY OTHER PERSON FOR ANY INJURY TO OR LOSS OF GOODWILL, DIRECTORSREPUTATION, OFFICERSBUSINESS, EMPLOYEESPRODUCTION, REVENUES, PROFITS, ANTICIPATED PROFITS, CONTRACTS OR OPPORTUNITIES (REGARDLESS OF HOW THESE ARE CLASSIFIED AS DAMAGES), OR AGENTS FOR ANY SPECIALCONSEQUENTIAL, CONSEQUENTIALINCIDENTAL, INDIRECT, INCIDENTAL EXEMPLARY, SPECIAL, PUNITIVE OR PUNITIVE ENHANCED DAMAGES OR LOST PROFITSWHETHER ARISING OUT OF BREACH OF CONTRACT, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY TORT (INCLUDING NEGLIGENCE) ARISING IN ANY WAY OUT ), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE (INCLUDING THE ENTRY INTO, PERFORMANCE OR BREACH OF OR RELATING TO THIS AGREEMENT), REGARDLESS OF WHETHER SUCH LOSS OR NOT DAMAGE WAS FORESEEABLE OR THE PARTY AGAINST WHOM SUCH PARTY LIABILITY IS CLAIMED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDEDLOSS OR DAMAGE, HOWEVER, THAT AND NOTWITHSTANDING THE FOREGOING LIMITATIONS SHALL NOT LIMIT FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EACH PARTY’S OBLIGATIONS EXPRESSLY ASSUMED MAXIMUM LIABILITY TO THE OTHER ARISING UNDER OR IN EXHIBIT H RELATION TO THIS AGREEMENT OR ANY OF THE MASTER SEPARATION AND DISTRIBUTION AGREEMENTSERVICES PROVIDED HEREUNDER WILL BE LIMITED TO RE-PERFORMANCE (OR PERFORMANCE) OF THE Confidential Portions of this Exhibit marked as [**] have been omitted pursuant to a request for confidential treatment and have been filed separately with the Securities and Exchange Comission. Confidential Treatment Requested by American Superconductor Corporation APPLICABLE SERVICE; PROVIDED FURTHER THAT THE EXCLUSION PROVISIONS OF PUNITIVE DAMAGES THIS SENTENCE SHALL NOT APPLY TO BASF’S PAYMENT OBLIGATIONS UNDER THIS AGREEMENT. THE LIMITATIONS SET FORTH IN ANY EVENT. EACH PARTY ACKNOWLEDGES AND AGREES THAT ALL PALM MARKSTHIS SECTION 15.01 SHALL NOT APPLY TO EITHER PARTY’S LIABILITY, THE PALMONE BRANDIF ANY, AND ANY OTHER INFORMATION FOR CONTRIBUTION OR MATERIALS LICENSED OR PROVIDED HEREUNDER ARE LICENSED OR PROVIDED ON AN “AS IS” BASIS AND THAT NEITHER PARTY NOR ANY OF ITS SUBSIDIARIES MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, INDEMNITY WITH RESPECT THERETOTO LIABILITY TO THIRD PARTIES FOR PERSONAL INJURY, INCLUDING ANY IMPLIED WARRANTIES DEATH, OR DAMAGE TO TANGIBLE PROPERTY (WHETHER AS A RESULT OF TITLE, ENFORCEABILITY THE PARTY’S WILLFUL MISCONDUCT OR NON-INFRINGEMENT. Without limiting the generality of the foregoing, Holding makes no warranty or representation as to the validity of the PalmOne Brand or any Transition Xxxx licensed by it to PalmOne or any warranty or representation that any use of the PalmOne Brand or any Transition Xxxx with respect to any product or service shall be free from infringement of any rights of any Third PartyGROSS NEGLIGENCE OR OTHERWISE).

Exclusion of Damages. EXCEPT WITH RESPECT TO AMOUNTS TO BE PAID BY EITHER PARTY PURSUANT TO A COURT AWARD (OTHER THAN A DEFAULT JUDGMENT) OR SETTLEMENT AS WELL AS THE DEFENSE COSTS UNDER THE INDEMNIFICATION OBLIGATIONS NO MATTER HOW MUCH DAMAGES MAY BE CHARACTERIZED, IN NO EVENT SHALL EITHER PARTY OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR ITS AFFILIATESCONSEQUENTIAL DAMAGES, DIRECTORS, OFFICERS, EMPLOYEESHOWEVER CAUSED, OR AGENTS FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES OR LOST PROFITS, HOWEVER CAUSED AND ON ANY THEORY LOSS OF LIABILITY (INCLUDING NEGLIGENCE) USE, COST OF DATA RECONSTRUCTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY OUT OF CONNECTED WITH THE SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR RELATING INABILITY TO THIS AGREEMENTUSE THE SERVICE, WHETHER ANY INTERRUPTION, INACCURACY, ERROR OR NOT OMISSION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY HAS PARTY’S LICENSORS, OR SUBCONTRACTORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES; PROVIDED, HOWEVER, . CLIENT WILL NOT ASSERT THAT THE FOREGOING LIMITATIONS SHALL NOT LIMIT EACH PARTYITS PAYMENT OBLIGATIONS ARE EXCLUDED AS SPRYPOINT’S OBLIGATIONS EXPRESSLY ASSUMED IN EXHIBIT H OF THE MASTER SEPARATION AND DISTRIBUTION AGREEMENT; PROVIDED FURTHER THAT THE EXCLUSION OF PUNITIVE DAMAGES SHALL APPLY IN ANY EVENT. EACH PARTY ACKNOWLEDGES AND AGREES THAT ALL PALM MARKS, THE PALMONE BRAND, AND ANY OTHER INFORMATION OR MATERIALS LICENSED OR PROVIDED HEREUNDER ARE LICENSED OR PROVIDED ON AN “AS IS” BASIS AND THAT NEITHER PARTY NOR ANY OF ITS SUBSIDIARIES MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT THERETO, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, ENFORCEABILITY OR NON-INFRINGEMENT. Without limiting the generality of the foregoing, Holding makes no warranty or representation as to the validity of the PalmOne Brand or any Transition Xxxx licensed by it to PalmOne or any warranty or representation that any use of the PalmOne Brand or any Transition Xxxx with respect to any product or service shall be free from infringement of any rights of any Third PartyLOST PROFITS.

Exclusion of Damages. 9.3.1 EXCEPT FOR INTENTIONAL OR WILLFUL MISCONDUCT, AND EXCEPT FOR INTENTIONAL OR WILLFUL MATERIAL BREACH AS TO WHICH COMPANY HAS KNOWLEDGE AND HAS PROVIDED WRITTEN NOTICE THEREOF TO NEKTAR AL WITHIN FIVE (5) DAYS OF SUCH KNOWLEDGE: (i) IN NO EVENT SHALL EITHER PARTY NEKTAR AL's LIABILITY ARISING OUT OF THE DEVELOPMENT, MANUFACTURE, SUPPLY, USE OR ITS AFFILIATESSALE OF SELECTED REAGENT OR SELECTED PRODUCT, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE EXCEED NEKTAR AL's OBLIGATION TO REPLACE THAT QUANTITY OF SELECTED REAGENT GIVING RISE TO THE OTHER PARTY OR ITS AFFILIATESLIABILITY, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES OR LOST PROFITS, HOWEVER CAUSED AND ON ANY THEORY OF (ii) IN NO EVENT SHALL NEKTAR AL's LIABILITY (INCLUDING NEGLIGENCE) ARISING IN ANY WAY OUT OF OR RELATING TO THIS AGREEMENT, WHETHER EXCEED IN THE AGGREGATE, AN AMOUNT THAT IS EQUAL TO THE TOTAL AMOUNT PAID BY COMPANY UNDER THE RESEARCH PLAN. THE FOREGOING LIMITATION ON NEKTAR AL'S LIABILITY SHALL NOT APPLY WITH RESPECT TO THE AMOUNT OF ANY OVERPAYMENT OF ROYALTIES OR NOT MILESTONES BY COMPANY TO NEKTAR AL HEREUNDER, PROVIDED SUCH PARTY HAS BEEN ADVISED OF OVERPAYMENT IS (X) NOTIFIED IN WRITING BY COMPANY TO NEKTAR AL PROMPTLY AFTER SUCH OVERPAYMENT IS DISCOVERED BY COMPANY, BUT IN NO EVENT LATER THAN 30 DAYS AFTER THE POSSIBILITY QUARTER IN WHICH SUCH OVERPAYMENT WAS MADE, OR (Y) REVEALED BY AN AUDIT AS PROVIDED FOR UNDER SECTION 6.2. IN THE EVENT OF SUCH DAMAGES; PROVIDEDOVERPAYMENT, HOWEVER, THAT THE FOREGOING LIMITATIONS NEKTAR AL SHALL NOT LIMIT EACH PARTY’S OBLIGATIONS EXPRESSLY ASSUMED IN EXHIBIT H OF THE MASTER SEPARATION AND DISTRIBUTION AGREEMENT; PROVIDED FURTHER THAT THE EXCLUSION OF PUNITIVE DAMAGES SHALL APPLY IN ANY EVENT. EACH PARTY ACKNOWLEDGES AND AGREES THAT ALL PALM MARKS, THE PALMONE BRAND, AND ANY OTHER INFORMATION OR MATERIALS LICENSED OR PROVIDED HEREUNDER ARE LICENSED OR PROVIDED ON AN “AS IS” BASIS AND THAT NEITHER PARTY NOR ANY OF ITS SUBSIDIARIES MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, CREDIT COMPANY WITH RESPECT THERETOTO FUTURE PAYMENTS OWED BY COMPANY TO NEKTAR AL HEREUNDER, INCLUDING ANY IMPLIED WARRANTIES TO THE EXTENT OF TITLE, ENFORCEABILITY OR NON-INFRINGEMENT. Without limiting the generality of the foregoing, Holding makes no warranty or representation as to the validity of the PalmOne Brand or any Transition Xxxx licensed by it to PalmOne or any warranty or representation that any use of the PalmOne Brand or any Transition Xxxx with respect to any product or service shall be free from infringement of any rights of any Third Party.SUCH OVERPAYMENT

Exclusion of Damages. IN NO EVENT SHALL EITHER PARTY OR SUBSCRIBER EXPRESSLY UNDERSTANDS AND AGREES THAT CHEMAXON, ITS SUBSIDIARIES AND AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS AND ITS LICENSORS SHALL NOT BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SUBSCRIBER FOR ANY SPECIAL, CONSEQUENTIALDIRECT, INDIRECT, INCIDENTAL INCIDENTAL, SPECIAL CONSEQUENTIAL OR PUNITIVE EXEMPLARY DAMAGES OR LOST PROFITSINCURRED BY SUBSCRIBER, HOWEVER CAUSED AND ON UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED EXCEPT AS PROVIDED HEREIN, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THE FOREGOING LIMITATIONS ON CHEMAXON'S LIABILITY (INCLUDING NEGLIGENCE) ARISING IN ANY WAY OUT OF OR RELATING TO THIS AGREEMENT, SHALL APPLY WHETHER OR NOT SUCH PARTY CHEMAXON HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES; PROVIDEDLOSSES ARISING. NOTWITHSTANDING THE FOREGOING, HOWEVER, THAT THE FOREGOING LIMITATIONS NOTHING HEREIN SHALL EXCLUDE OR LIMIT CHEMAXON'S LIABILITY FOR LOSSES WHICH MAY NOT LIMIT EACH PARTY’S OBLIGATIONS EXPRESSLY ASSUMED IN EXHIBIT H OF THE MASTER SEPARATION AND DISTRIBUTION AGREEMENT; PROVIDED FURTHER THAT THE EXCLUSION OF PUNITIVE DAMAGES SHALL APPLY IN ANY EVENT. EACH PARTY ACKNOWLEDGES AND AGREES THAT ALL PALM MARKS, THE PALMONE BRAND, AND ANY OTHER INFORMATION BE LAWFULLY EXCLUDED OR MATERIALS LICENSED OR PROVIDED HEREUNDER ARE LICENSED OR PROVIDED ON AN “AS IS” BASIS AND THAT NEITHER PARTY NOR ANY OF ITS SUBSIDIARIES MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT THERETO, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, ENFORCEABILITY OR NON-INFRINGEMENT. Without limiting the generality of the foregoing, Holding makes no warranty or representation as to the validity of the PalmOne Brand or any Transition Xxxx licensed by it to PalmOne or any warranty or representation that any use of the PalmOne Brand or any Transition Xxxx with respect to any product or service shall be free from infringement of any rights of any Third PartyLIMITED BY APPLICABLE LAW.

Exclusion of Damages. Mayo acknowledges, and shall require each person given access to the Health Site to acknowledge, that any collection or any compilation of data entails the likelihood of some human and machine errors, omissions, delays, interruptions, and losses, including inadvertent loss of data or damage to media, that may give rise to loss or damage. Accordingly, Mayo agrees THAT THE DATABASES ARE PROVIDED "AS IS"; NEITHER LICENSOR NOR IVI MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO ITS ACCURACY, COMPLETENESS, OR CURRENTNESS; AND LICENSOR AND IVI SPECIFICALLY DISCLAIM ANY OTHER WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF MAYO'S PROGRAM IS WITH MAYO. NEITHER LICENSOR NOR IVI WARRANTS THAT THE INFORMATION CONTAINED IN THE DATABASES WILL MEET MAYO'S REQUIREMENTS OR THAT THE OPERATION OF THE DATABASES WILL BE ERROR-FREE. LICENSOR SOLELY WARRANTS THE ELECTRONIC MEDIA ON WHICH THE DATABASES ARE FURNISHED TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF DELIVERY TO MAYO. NEITHER LICENSOR NOR IVI SHALL NOT BE LIABLE ON ACCOUNT OF ANY SUCH ERRORS, OMISSIONS, DELAYS, OR LOSSES. MAYO AGREES THAT IN NO EVENT SHALL EITHER PARTY WILL LICENSOR OR IVI BE LIABLE FOR THE RESULTS OF MAYO'S USE OF THE DATABASES, OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEESINABILITY OR FAILURE TO CONDUCT ITS BUSINESS, OR AGENTS BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS FOR ANY SPECIAL, CONSEQUENTIALDIRECT, INDIRECT, INCIDENTAL SPECIAL OR PUNITIVE CONSEQUENTIAL DAMAGES. MAYO FURTHER AGREES THAT IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF LICENSOR AND IVI FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING UNDER THIS AGREEMENT AND SERVICES PERFORMED HEREUNDER, WHETHER IN CONTRACT OR LOST PROFITSTORT, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE) ARISING IN ANY WAY OUT OF , EXCEED THE TOTAL AMOUNT PAID BY MAYO TO IVI DURING THE PRECEDING TWELVE-MONTH PERIOD, EVEN IF LICENSOR AND/OR RELATING TO THIS AGREEMENT, WHETHER OR NOT SUCH PARTY IVI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDEDPOTENTIAL CLAIM, HOWEVERLOSS, THAT OR DAMAGE. THE FOREGOING LIMITATIONS SHALL NOT LIMIT EACH PARTY’S OBLIGATIONS EXPRESSLY ASSUMED IN EXHIBIT H LIMITATION OF THE MASTER SEPARATION LIABILITY AND DISTRIBUTION AGREEMENT; PROVIDED FURTHER THAT THE EXCLUSION OF PUNITIVE CERTAIN DAMAGES SHALL APPLY IN ANY EVENTREGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. EACH PARTY ACKNOWLEDGES AND AGREES THAT ALL PALM MARKSIf the foregoing limitations are held to be unenforceable, THE PALMONE BRAND, AND ANY OTHER INFORMATION OR MATERIALS LICENSED OR PROVIDED HEREUNDER ARE LICENSED OR PROVIDED ON AN “AS IS” BASIS AND THAT NEITHER PARTY NOR ANY OF ITS SUBSIDIARIES MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT THERETO, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, ENFORCEABILITY OR NON-INFRINGEMENT. Without limiting Licensor's and IVI's liability for damages under this Sublicense Agreement to Mayo shall in any event not exceed the generality total amount of the foregoing, Holding makes no warranty or representation as to the validity of the PalmOne Brand or any Transition Xxxx licensed royalties paid by it to PalmOne or any warranty or representation that any use of the PalmOne Brand or any Transition Xxxx with respect to any product or service shall be free from infringement of any rights of any Third PartyMayo hereunder.

Exclusion of Damages. IN NO EVENT SHALL EITHER PARTY EXCEPT WITH RESPECT TO ANY BREACH OF NVIDIA’S OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEESSUBSIDIARIES’ OBLIGATIONS UNDER SECTION 9.1, OR AGENTS ANY VIOLATION OF THE LIMITATIONS OR RESTRICTIONS ON THE SCOPE OF THE LICENSES GRANTED TO NVIDIA HEREUNDER, NEITHER PARTY (INCLUDING ITS SUBSIDIARIES) WILL BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATESSUBSIDIARIES FOR ANY INCIDENTAL, DIRECTORSSPECIAL, OFFICERSPUNITIVE, EMPLOYEESEXEMPLARY, OR AGENTS FOR ANY SPECIALCONSEQUENTIAL DAMAGES (INCLUDING DAMAGES BASED ON LOSS OF USE, CONSEQUENTIALDATA, INDIRECTBUSINESS, INCIDENTAL OR PUNITIVE DAMAGES OR LOST PROFITS, HOWEVER CAUSED AND OR GOODWILL OR BASED ON ANY THEORY COST OF LIABILITY (INCLUDING NEGLIGENCECOVER) IN CONNECTION WITH, ARISING IN ANY WAY OUT OF OF, OR RELATING TO THIS AGREEMENTAGREEMENT OR ANY USE BY NVIDIA (OR ANY OF ITS SUBSIDIARIES, AGENTS OR DIRECT OR INDIRECT CUSTOMERS) OF THE LICENSED PATENTS, TRANSMETA TECHNOLOGY, OR TRANSMETA TECHNOLOGY DELIVERABLES, WHETHER SUCH LIABILITY ARISES FROM ANY Signature Version CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDEDDAMAGE. THIS SECTION 13.1 SHALL NOT, HOWEVER, THAT THE FOREGOING LIMITATIONS SHALL NOT LIMIT EACH BE CONSTRUED AS LIMITING (a) EITHER PARTY’S OBLIGATIONS EXPRESSLY ASSUMED IN EXHIBIT H LIABILITY FOR INFRINGEMENT OR MISAPPROPRIATION OF THE MASTER SEPARATION AND DISTRIBUTION AGREEMENT; PROVIDED FURTHER THAT OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, or (b) THE EXCLUSION AMOUNT OF PUNITIVE MONETARY DAMAGES SHALL APPLY FINALLY AWARDED BY A COURT, OR AGREED TO IN ANY EVENT. EACH PARTY ACKNOWLEDGES AND AGREES THAT ALL PALM MARKSA SETTLEMENT, THE PALMONE BRAND, AND ANY OTHER INFORMATION OR MATERIALS LICENSED OR PROVIDED HEREUNDER ARE LICENSED OR PROVIDED ON AN “AS IS” BASIS AND THAT NEITHER PARTY NOR ANY OF ITS SUBSIDIARIES MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT THERETO, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, ENFORCEABILITY OR NON-INFRINGEMENT. Without limiting the generality of the foregoing, Holding makes no warranty or representation as to the validity of the PalmOne Brand or any Transition Xxxx licensed by it to PalmOne or any warranty or representation that any use of the PalmOne Brand or any Transition Xxxx with respect to any product or service shall be free from infringement of any rights of any Third PartyFOR WHICH NVIDIA IS OBLIGATED TO INDEMNIFY TRANSMETA PURSUANT TO SECTION 12.

Exclusion of Damages. NCIT AND ITS LICENSORS, SERVICE LICENSORS AND SUPPLIERS SHALL NOT BE LIABLE UNDER OR IN NO EVENT SHALL EITHER PARTY CONNECTION WITH THIS AGREEMENT OR ITS AFFILIATESSUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, DIRECTORSINCLUDING BREACH OF CONTRACT, OFFICERSTORT (INCLUDING NEGLIGENCE), EMPLOYEESSTRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATIONS OR OTHERWISE, FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES, (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR AGENTS BE LIABLE TO THE OTHER PARTY BREACH OF DATA OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEESSYSTEM SECURITY, OR AGENTS FOR ANY SPECIAL(d) CONSEQUENTIAL, CONSEQUENTIALINCIDENTAL, INDIRECT, INCIDENTAL EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES OR LOST PROFITSDAMAGES, HOWEVER CAUSED AND ON ANY THEORY REGARDLESS OF LIABILITY (INCLUDING NEGLIGENCE) ARISING IN ANY WAY OUT OF OR RELATING TO THIS AGREEMENT, WHETHER OR NOT SUCH PARTY HAS BEEN PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDEDLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, HOWEVER, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. BOTH PARTIES UNDERSTAND AND AGREE THAT THE FOREGOING REMEDIES AND LIMITATIONS SHALL NOT LIMIT EACH PARTY’S OBLIGATIONS EXPRESSLY ASSUMED HEREIN ALLOCATE THE RISKS OF PRODUCT AND SERVICE NONCONFORMITY BETWEEN THE PARTIES AS AUTHORIZED BY LAW. THE FEES HEREIN REFLECT, AND ARE SET IN EXHIBIT H RELIANCE UPON, THIS ALLOCATION OF THE MASTER SEPARATION RISK AND DISTRIBUTION AGREEMENT; PROVIDED FURTHER THAT THE EXCLUSION OF PUNITIVE CONSEQUENTIAL DAMAGES SHALL APPLY SET FORTH IN THIS AGREEMENT. 13.2 CAP ON MONETARY LIABILITY. IN ANY EVENT. EACH PARTY ACKNOWLEDGES AND AGREES THAT ALL PALM MARKS, THE PALMONE BRANDCOLLECTIVE AGGREGATE LIABILITY OR OBLIGATION OF NCIT UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, AND UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATIONS OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT PAID TO NCIT BY LICENSEE UNDER THIS AGREEMENT IN THE PRECEDING 12 MONTHS. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER INFORMATION OR MATERIALS LICENSED OR PROVIDED HEREUNDER ARE LICENSED OR PROVIDED ON AN “AS IS” BASIS AND THAT NEITHER PARTY NOR ANY REMEDY OF ITS SUBSIDIARIES MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES WHATSOEVERESSENTIAL PURPOSE. replace the Services and NCIT Materials, EXPRESSin whole or in part, IMPLIED OR STATUTORY, WITH RESPECT THERETO, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, ENFORCEABILITY OR NON-INFRINGEMENT. Without limiting the generality of the foregoing, Holding makes no warranty or representation as to the validity of the PalmOne Brand or any Transition Xxxx licensed by it to PalmOne or any warranty or representation that any use of the PalmOne Brand or any Transition Xxxx with respect to any product or service shall be free from infringement of any rights of any Third Party.to

Exclusion of Damages. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9.1 OR IN SECTION 9.3 BELOW, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WILL EITHER PARTY OR ITS AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS AND SUPPLIERS, BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECTPUNITIVE, INCIDENTAL OR PUNITIVE CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS OR LOST PROFITSREVENUES, HOWEVER CAUSED AND ON BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, OR ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCEOTHER PECUNIARY LOSS) ARISING IN ANY WAY OUT OF OR RELATING TO THIS AGREEMENT, WHETHER OR NOT SUCH PARTY HAS BEEN EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDEDDAMAGES OR IF SUCH DAMAGES WERE REASONABLY FORESEEABLE. THE EXCLUSIONS OF LIABILITY FOR DAMAGES IN THIS SECTION 9.1 APPLY REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, HOWEVERTORT (INCLUDING NEGLIGENCE), THAT THE FOREGOING LIMITATIONS SHALL STRICT LIABILITY, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY. THIS SECTION 9.1 DOES NOT LIMIT EACH EITHER PARTY’S OBLIGATIONS EXPRESSLY ASSUMED IN EXHIBIT H OF OBLIGATION TO INDEMNIFY THE MASTER SEPARATION AND DISTRIBUTION AGREEMENT; PROVIDED FURTHER THAT THE EXCLUSION OF PUNITIVE DAMAGES SHALL APPLY IN ANY EVENT. EACH OTHER PARTY ACKNOWLEDGES AND AGREES THAT ALL PALM MARKS, THE PALMONE BRAND, AND OR ANY OTHER INFORMATION OR MATERIALS LICENSED OR PROVIDED HEREUNDER ARE LICENSED OR PROVIDED ON AN “AS IS” BASIS AND THAT NEITHER INDEMNIFIED PARTIES FROM DAMAGES FINALLY AWARDED BY A COURT TO A THIRD PARTY NOR ANY OF ITS SUBSIDIARIES MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT THERETOTO CLAIMS TO WHICH THE INDEMNITY OBLIGATIONS IN SECTION 8 APPLY, INCLUDING EVEN IF CHARACTERIZED AS INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY IMPLIED WARRANTIES OF TITLE, ENFORCEABILITY OR NON-INFRINGEMENT. Without limiting the generality of the foregoing, Holding makes no warranty or representation as to the validity of the PalmOne Brand or any Transition Xxxx licensed by it to PalmOne or any warranty or representation that any use of the PalmOne Brand or any Transition Xxxx with respect to any product or service shall be free from infringement of any rights of any Third PartyTYPE.

Exclusion of Damages. IN AS CONSIDERATION FOR USER'S OPPORTUNITY TO USE THIS SITE AND THE CONTENT AND SERVICES, USER AGREES THAT UNDER NO EVENT SHALL EITHER PARTY CIRCUMSTANCES WHATSOEVER WILL ASSOCIATED UNDERWRITERS INSURANCE OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, ANYONE ASSOCIATED WITH ASSOCIATED UNDERWRITERS INSURANCE OR AGENTS THIS SITE BE LIABLE IN ANY WAY TO THE YOU OR ANY OTHER PARTY OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS ENTITY FOR ANY ACTION OR INACTION TAKEN BY USER IN RELIANCE UPON INFORMATION OR SERVICES PROVIDED THROUGH THIS SITE. NEITHER ASSOCIATED UNDERWRITERS INSURANCE NOR ANYONE ASSOCIATED WITH ASSOCIATED UNDERWRITERS INSURANCE SHALL BE LIABLE IN ANY EVENT FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECTINCIDENTAL, INCIDENTAL OR PUNITIVE DAMAGES THAT RESULT FROM OR LOST PROFITS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE) ARISING RELATE IN ANY WAY OUT MANNER WHATSOEVER TO (i) YOUR USE OF THE SITE, OR RELATING RELIANCE ON THE CONTENT OR SERVICES, OR (ii) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO THIS AGREEMENT, PERFORM BY ASSOCIATED UNDERWRITERS INSURANCE OR ITS CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER OR NOT SUCH PARTY ASSOCIATED UNDERWRITERS INSURANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDED. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, HOWEVERonly if required by applicable law, THAT THE FOREGOING LIMITATIONS SHALL NOT LIMIT EACH PARTY’S OBLIGATIONS EXPRESSLY ASSUMED IN EXHIBIT H OF THE MASTER SEPARATION AND DISTRIBUTION AGREEMENT; PROVIDED FURTHER THAT THE EXCLUSION OF PUNITIVE DAMAGES SHALL APPLY IN ANY EVENT. EACH PARTY ACKNOWLEDGES AND AGREES THAT ALL PALM MARKS, THE PALMONE BRAND, AND ANY OTHER INFORMATION OR MATERIALS LICENSED OR PROVIDED HEREUNDER ARE LICENSED OR PROVIDED ON AN “AS IS” BASIS AND THAT NEITHER PARTY NOR ANY OF ITS SUBSIDIARIES MAKES ANY REPRESENTATIONS OR EXTENDS ANY WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT THERETO, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, ENFORCEABILITY OR NON-INFRINGEMENT. Without limiting the generality some or all of the foregoing, Holding makes no warranty or representation as exclusions above may not apply to the validity of the PalmOne Brand or any Transition Xxxx licensed by it you. You may have other rights from jurisdiction to PalmOne or any warranty or representation that any use of the PalmOne Brand or any Transition Xxxx with respect to any product or service shall be free from infringement of any rights of any Third Partyjurisdiction.

Exclusion of Damages. IN NO EVENT TO THE EXTENT PERMITTED BY LAW, NEITHER MICRO FOCUS NOR ANY OF ITS THIRD-PARTY SUPPLIERS SHALL EITHER PARTY OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS FOR ANY INJURY, LOSS OR DAMAGE, WHETHER INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES CONSEQUENTIAL, ARISING OUT OF THE SUPPORT SERVICES OR THE USE OR INABILITY TO USE THE MAINTAINED SOFTWARE, NOR FOR ANY LOST PROFITS, HOWEVER CAUSED AND ON ANY THEORY DATA OR PROGRAMS, OR THE COST OF LIABILITY (INCLUDING NEGLIGENCE) ARISING IN ANY WAY OUT OF RECOVERING SUCH DATA OR RELATING TO THIS AGREEMENTPROGRAMS, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDED, HOWEVER, THAT THE FOREGOING LIMITATIONS SHALL NOT LIMIT EACH PARTY’S OBLIGATIONS EXPRESSLY ASSUMED DAMAGES IN EXHIBIT H OF THE MASTER SEPARATION AND DISTRIBUTION AGREEMENT; ADVANCE. EXCEPT AS SPECIFICALLY PROVIDED FURTHER THAT THE EXCLUSION OF PUNITIVE DAMAGES SHALL APPLY IN ANY EVENT. EACH PARTY ACKNOWLEDGES AND AGREES THAT ALL PALM MARKS, THE PALMONE BRANDHEREIN, AND TO THE EXTENT PERMITTED BY LAW, MICRO FOCUS AND ITS THIRD PARTY SUPPLIERS HEREBY DISCLAIM ANY OTHER INFORMATION CONDITIONS OR MATERIALS LICENSED WARRANTIES WHETHER EXPRESS OR PROVIDED HEREUNDER ARE LICENSED IMPLIED, STATUTORY OR PROVIDED ON AN “AS IS” BASIS AND THAT NEITHER PARTY NOR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY OF ITS SUBSIDIARIES MAKES ANY REPRESENTATIONS RELATING TO QUALITY, MERCHANTABILITY OR EXTENDS ANY WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR PURPOSE WITH RESPECT THERETOTO THE SUPPORT SERVICES TO BE PROVIDED HEREUNDER. 10. Limitation of Liability. ANY LIABILITY OF MICRO FOCUS OR ITS THIRD PARTY SUPPLIERS SHALL BE LIMITED IN THE AGGREGATE TO THE AMOUNT PAID BY LICENSEE FOR SUPPORT SERVICES FOR THE APPLICABLE MAINTAINED SOFTWARE DURING THE PRIOR 12 MONTH PERIOD. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. MICRO FOCUS AND ITS THIRD-PARTY SUPPLIERS’ LIMITATIONS OF LIABILITY ARE NOT CUMULATIVE. NEITHER THIS AGREEMENT NOR ANYTHING IN SECTIONS 9 AND 10 SHALL PURPORT TO EXCLUDE OR RESTRICT THE LIABILITY OF MICRO FOCUS OR ITS THIRD-PARTY SUPPLIERS TO ANY IMPLIED WARRANTIES OF TITLE, ENFORCEABILITY OR NON-INFRINGEMENT. Without limiting the generality of the foregoing, Holding makes no warranty or representation as to the validity of the PalmOne Brand or any Transition Xxxx licensed by it to PalmOne or any warranty or representation that any use of the PalmOne Brand or any Transition Xxxx with respect to any product or service shall be free from infringement of any rights of any Third PartyEXTENT NOT PERMITTED BY LAW.