Common use of LIMITATION AND EXCLUSION OF LIABILITY Clause in Contracts

LIMITATION AND EXCLUSION OF LIABILITY. 5.1. Limitations. IN NO EVENT SHALL XXXXXXX TECHNOLOGY SERVICES OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER XXXXXXX TEHNOLOGY SERVICES NOR ITS SUPPLIERS SHALL HAVE LIABILITY WITH RESPECT TO XXXXXXX TECHNOLOGY SERVICES’ OBLIGATIONS UNDER THIS CONTRACT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF XXXXXXX TECHNOLOGY SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF XXXXXXX TECHNOLOGY SERVICES AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO XXXXXXX TECHNOLOGY SERVICES BY YOU UNDER THIS CONTRACT DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY XXXXXXX TECHNOLOGY SERVICES HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE XXXXXXX TECHNOLOGY SERVICES AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION.

LIMITATION AND EXCLUSION OF LIABILITY. 5.19.1. Limitations. EXCEPT FOR BREACHES OF S3 GROUP’S INTELLECTUAL PROPERTY RIGHTS, THE INDEMNIFICATION OBLIGATIONS OF THE RESPECTIVE PARTIES OR FOR BREACHES OF THE CONFIDENTIALITY OBLIGATIONS CONTAINED IN SECTION 8 ABOVE, IN NO EVENT SHALL XXXXXXX TECHNOLOGY SERVICES OR ITS SUPPLIERS EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY OR ANY OTHER THIRD PARTY FOR UNAUTHORIZED ACCESS TOANY LOST PROFITS, REWORKING COSTS, MASK COSTS, FABRICATION COSTS, TEST COSTS, ASSEMBLY COSTS, LOST DATA, LOSS OF USE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ALTERATIONFOR ANY INDIRECT, THEFT SPECIAL OR DESTRUCTION CONSEQUENTIAL DAMAGES ARISING OUT OF INFORMATION DISTRIBUTED THIS AGREEMENT, UNDER ANY CAUSE OF ACTION OR MADE AVAILABLE FOR DISTRIBUTION VIA THEORY OF LIABILITY (EXCLUDING INTENT OR GROSS NEGLIGENCE), AND IRRESPECTIVE OF WHETHER THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER XXXXXXX TEHNOLOGY SERVICES NOR ITS SUPPLIERS SHALL HAVE LIABILITY WITH RESPECT TO XXXXXXX TECHNOLOGY SERVICES’ OBLIGATIONS UNDER THIS CONTRACT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF XXXXXXX TECHNOLOGY SERVICES PARTY HAS BEEN ADVISED ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. IN THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY EVENTLIMITED REMEDY HEREUNDER. EXCEPT FOR BREACHES OF S3 GROUP’S INTELLECTUAL PROPERTY RIGHTS, THE LIABILITY OF XXXXXXX TECHNOLOGY SERVICES AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO XXXXXXX TECHNOLOGY SERVICES BY YOU UNDER THIS CONTRACT DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY XXXXXXX TECHNOLOGY SERVICES HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE XXXXXXX TECHNOLOGY SERVICES AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS INDEMNIFICATION OBLIGATIONS OF THE LIMITATION STATED RESPECTIVE PARTIES OR FOR BREACHES OF THE CONFIDENTIALITY OBLIGATIONS CONTAINED IN SECTION 8 ABOVE, IN NO EVENT SHALL EITHER PARTY’S TOTAL LIABILITY PURSUANT TO THIS SECTION.AGREEMENT EXCEED [***]

LIMITATION AND EXCLUSION OF LIABILITY. 5.1. Limitations. IN NO EVENT SHALL XXXXXXX TECHNOLOGY SERVICES WILL Oracast OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER XXXXXXX TEHNOLOGY SERVICES Oracast NOR ITS SUPPLIERS SHALL WILL HAVE LIABILITY WITH RESPECT TO XXXXXXX TECHNOLOGY SERVICES’ ORACAST’S OBLIGATIONS UNDER THIS CONTRACT AGREEMENT, OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF XXXXXXX TECHNOLOGY SERVICES Oracast HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH THESE DAMAGES. IN ANY EVENT, THE LIABILITY OF XXXXXXX TECHNOLOGY SERVICES Oracast AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO XXXXXXX TECHNOLOGY SERVICES BY YOU Oracast UNDER THIS CONTRACT AGREEMENT DURING THE THREE (3) 3 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH THE CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY XXXXXXX TECHNOLOGY SERVICES HEREUNDER Oracast UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE XXXXXXX TECHNOLOGY SERVICES Oracast AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTIONSECTION 6.1.

LIMITATION AND EXCLUSION OF LIABILITY. 5.1. Limitations. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL XXXXXXX TECHNOLOGY SERVICES WILL HYBRID’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR ITS SUPPLIERS HAVE IN CONNECTION WITH THIS AGREEMENT OR ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, PRODUCT OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER XXXXXXX TEHNOLOGY SERVICES NOR ITS SUPPLIERS SHALL HAVE LIABILITY WITH RESPECT TO XXXXXXX TECHNOLOGY SERVICES’ OBLIGATIONS SERVICE PROCURED UNDER THIS CONTRACT OR OTHERWISE AGREEMENT, REGARDLESS OF LEGAL THEORY AND FOR CONSEQUENTIALALL CLAIMS IN AGGREGATE, EXEMPLARYEXCEED THE PRICE PAID BY CUSTOMER UNDER THE AGREEMENT TO HYBRID DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT THAT FIRST GAVE RISE TO THE LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPECIALIN NO EVENT WILL HYBRID, REGARDLESS OF LEGAL THEORY, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR PUNITIVE CONSEQUENTIAL DAMAGES, SUCH AS BUT NOT LIMITED TO ANY LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, OR ANY OTHER CLAIMS BY A THIRD PARTY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF XXXXXXX TECHNOLOGY SERVICES A HYBRID REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS. NOTHING CONTAINED IN THIS AGREEMENT LIMITS PARTIES LIABILITY IN THE EVENT OF DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE OR FOR THE TORT OF DECEIT (FRAUD), A BREACH OF SECTION 8 (CONFIDENTIALITY), OR ANY EVENT, THE LIABILITY OF XXXXXXX TECHNOLOGY SERVICES AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. EXCEPT FOR CUSTOMER’S BREACH OF HYBRID’S INTELLECTUAL OR PROPRIETARY RIGHTS? NEITHER PARTY MAY BRING A CLAIM UNDER THESE TERMS OF SALE MORE THAN TWELVE (12) MONTHS AFTER THE EVENT THAT LED TO THE AMOUNT ACTUALLY PAID TO XXXXXXX TECHNOLOGY SERVICES BY YOU UNDER THIS CONTRACT DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY XXXXXXX TECHNOLOGY SERVICES HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE XXXXXXX TECHNOLOGY SERVICES AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS CREATION OF THE LIMITATION ACTION OR CLAIM. EACH PARTY ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY STATED IN THIS SECTIONSECTION 15 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES UNDER THIS AGREEMENT AND THAT IN THE ABSENCE OF THOSE LIMITATIONS OF LIABILITY, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENT.

LIMITATION AND EXCLUSION OF LIABILITY. 5.16.1. Limitations. Limitations IN NO EVENT SHALL XXXXXXX TECHNOLOGY SERVICES OR ITS SUPPLIERS Xxxxxx Data Systems HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO Xxxxxx Data Systems , DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICESSERVICES. NEITHER XXXXXXX TEHNOLOGY SERVICES NOR ITS SUPPLIERS Xxxxxx Data Systems SHALL HAVE NO LIABILITY WITH RESPECT TO XXXXXXX TECHNOLOGY SERVICES’ OBLIGATIONS UNDER THIS CONTRACT AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF XXXXXXX TECHNOLOGY SERVICES Xxxxxx Data Systems HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF XXXXXXX TECHNOLOGY SERVICES AND ITS SUPPLIERS Xxxxxx Data Systems TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO XXXXXXX TECHNOLOGY SERVICES Xxxxxx Data Systems BY YOU UNDER THIS CONTRACT AGREEMENT DURING THE THREE THIRTY (330) MONTHS DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY XXXXXXX TECHNOLOGY SERVICES HEREUNDER Xxxxxx Data Systems UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE XXXXXXX TECHNOLOGY SERVICES AND ITS SUPPLIERS Xxxxxx Data Systems FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTIONSECTION 6.1. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

LIMITATION AND EXCLUSION OF LIABILITY. 5.16.1. Limitations. Limitations - IN NO EVENT SHALL XXXXXXX TECHNOLOGY SERVICES Xxxxx Trading Corporation Ltd. (the Company), IT'S SUBSIDIARIES, AFFILIATES , OR ITS SUPPLIERS OFFICERS HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO THE COMPANY, DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICESSERVICES. NEITHER XXXXXXX TEHNOLOGY SERVICES NOR ITS SUPPLIERS THE COMPANY SHALL HAVE NO LIABILITY WITH RESPECT TO XXXXXXX TECHNOLOGY SERVICES’ OBLIGATIONS UNDER THIS CONTRACT AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF XXXXXXX TECHNOLOGY SERVICES THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF XXXXXXX TECHNOLOGY SERVICES AND ITS SUPPLIERS THE COMPANY TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO XXXXXXX TECHNOLOGY SERVICES THE COMPANY BY YOU UNDER THIS CONTRACT AGREEMENT DURING THE THREE THIRTY (330) MONTHS DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUEDACCURED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY XXXXXXX TECHNOLOGY SERVICES HEREUNDER THE COMPANY UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE XXXXXXX TECHNOLOGY SERVICES AND ITS SUPPLIERS THE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION.

LIMITATION AND EXCLUSION OF LIABILITY. 5.1. Limitations. IN NO EVENT SHALL XXXXXXX TECHNOLOGY SERVICES WILL FOXTROT, ITS AFFILIATES, OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER XXXXXXX TEHNOLOGY SERVICES FOXTROT, ITS AFFILIATES, NOR ITS SUPPLIERS SHALL WILL HAVE LIABILITY WITH RESPECT TO XXXXXXX TECHNOLOGY SERVICES’ FOXTROT'S OBLIGATIONS UNDER THIS CONTRACT AGREEMENT, OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF XXXXXXX TECHNOLOGY SERVICES FOXTROT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH THESE DAMAGES. IN ANY EVENT, THE LIABILITY OF XXXXXXX TECHNOLOGY SERVICES FOXTROT AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO XXXXXXX TECHNOLOGY SERVICES BY YOU FOXTROT UNDER THIS CONTRACT AGREEMENT DURING THE THREE (3) 3 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH THE CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY XXXXXXX TECHNOLOGY SERVICES HEREUNDER FOXTROT UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE XXXXXXX TECHNOLOGY SERVICES FOXTROT AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION.

LIMITATION AND EXCLUSION OF LIABILITY. 5.16.1. Limitations. Limitations IN NO EVENT SHALL XXXXXXX TECHNOLOGY SERVICES OR ITS SUPPLIERS Company HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO Company, DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICESSERVICES. NEITHER XXXXXXX TEHNOLOGY SERVICES NOR ITS SUPPLIERS Company SHALL HAVE NO LIABILITY WITH RESPECT TO XXXXXXX TECHNOLOGY SERVICES’ OBLIGATIONS UNDER THIS CONTRACT AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF XXXXXXX TECHNOLOGY SERVICES Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF XXXXXXX TECHNOLOGY SERVICES AND ITS SUPPLIERS Company TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO XXXXXXX TECHNOLOGY SERVICES Company BY YOU UNDER THIS CONTRACT AGREEMENT DURING THE THREE THIRTY (330) MONTHS DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY XXXXXXX TECHNOLOGY SERVICES HEREUNDER Company UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE XXXXXXX TECHNOLOGY SERVICES AND ITS SUPPLIERS Company FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTIONSECTION 6.1. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

LIMITATION AND EXCLUSION OF LIABILITY. 5.16.1. Limitations. Limitations - IN NO EVENT SHALL XXXXXXX TECHNOLOGY SERVICES THINK HUGE LIMITED Ltd. (the Company), IT'S SUBSIDIARIES, AFFILIATES , OR ITS SUPPLIERS OFFICERS HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO THE COMPANY, DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICESSERVICES. NEITHER XXXXXXX TEHNOLOGY SERVICES NOR ITS SUPPLIERS THE COMPANY SHALL HAVE NO LIABILITY WITH RESPECT TO XXXXXXX TECHNOLOGY SERVICES’ OBLIGATIONS UNDER THIS CONTRACT AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF XXXXXXX TECHNOLOGY SERVICES THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF XXXXXXX TECHNOLOGY SERVICES AND ITS SUPPLIERS THE COMPANY TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO XXXXXXX TECHNOLOGY SERVICES THE COMPANY BY YOU UNDER THIS CONTRACT AGREEMENT DURING THE THREE THIRTY (330) MONTHS DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUEDACCURED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY XXXXXXX TECHNOLOGY SERVICES HEREUNDER THE COMPANY UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE XXXXXXX TECHNOLOGY SERVICES AND ITS SUPPLIERS THE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION.