Common use of Limitation of Liabilities Clause in Contracts

Limitation of Liabilities. IT IS EXPRESSLY AGREED THAT IN NO EVENT WELLWINK OR ANY OF THE DIRECT OR INDIRECT OWNERS OF WELLWINK, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, AGENTS, AND EMPLOYEES, OR ANY LICENSORS OF WELLWINK SHALL HAVE ANY LIABILITY WHATSOEVER FOR INSTANCES INCLUDING BUT NOT LIMITED TO ANY LOSS OR CORRUPTION OF DATA, ANY INABILITY TO RECORD OR ACCESS DATA, ANY FAILURE TO RESTORE DATA, OR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUES OR GOODWILL, LOSS OF USE, OR LOSS OF INFORMATION OR DATA, OR FROM INCREASED EXPENSES OR COSTS, FORESEEABLE OR UNFORESEEABLE, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WELLWINK HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING THAT MAY BE INCURRED OR SUFFERED BY THE LICENSEE OR ANY OTHER PERSON FROM THE USE OR INABILITY TO USE THE PROGRAMS AND SERVICES WHETHER UNDER THE LAWS OF CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE, ARISING FROM THOSE OR OTHER CAUSES. WELLWINK DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR THE PROGRAMS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THEORY OF LIABILITY, SHALL BE LIMITED TO THE AGGREGATE FEES ACTUALLY PAID BY YOU UNDER THIS AGREEMENT FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM.

Limitation of Liabilities. IT IS EXPRESSLY AGREED YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WELLWINK OR ANY OF TO THE DIRECT OR INDIRECT OWNERS OF WELLWINKFULLEST EXTENT PERMITTED BY LAW, OR THE COMPANY, INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERSEMPLOYEES AND AGENTS (COLLECTIVELY: “COMPANY GROUP”), AGENTSSHALL NOT BE LIABLE FOR ANY INDIRECT, AND EMPLOYEESINCIDENTAL, CONSEQUENTIAL, SPECIAL, OR ANY LICENSORS OF WELLWINK SHALL HAVE ANY LIABILITY WHATSOEVER EXEMPLARY DAMAGES OR DAMAGES FOR INSTANCES INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, INTERRUPTION, LOSS OR CORRUPTION OF DATA, ANY INABILITY TO RECORD OR ACCESS DATALOSS OF GOODWILL, ANY FAILURE TO RESTORE DATAWORK STOPPAGE, DEVICE FAILURE, OR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUES OR GOODWILL, LOSS OF USEMALFUNCTION, OR LOSS DAMAGES ARISING OUT OF INFORMATION OR DATA, OR FROM INCREASED EXPENSES OR COSTS, FORESEEABLE OR UNFORESEEABLE, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WELLWINK HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING THAT MAY BE INCURRED OR SUFFERED BY THE LICENSEE OR ANY OTHER PERSON FROM THE USE OR INABILITY TO USE THE PROGRAMS AND WEBSITE OR SERVICES WHETHER UNDER EVEN IF THE LAWS COMPANY HAS BEEN ADVISED OF CONTRACTTHE POSSIBILITY OF SUCH DAMAGES. FURTHER, STRICT LIABILITYWE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, TORT OR OTHERWISEDELAY IN PERFORMANCE OF, ARISING FROM THOSE ANY OF OUR OBLIGATIONS HEREIN THAT IS CAUSED BY AN EVENT OUTSIDE OUR CONTROL (WHICH MEANS ANY ACT OR OTHER CAUSESEVENT BEYOND OUR REASONABLE CONTROL). WELLWINK DISCLAIMS ANY AND ALL IN NO EVENT SHALL THE COMPANY GROUP AGGREGATE LIABILITY FOR ERRONEOUS TRANSMISSIONS ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR THE PROGRAMS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THEORY OF LIABILITYSERVICES, SHALL BE LIMITED TO THE AGGREGATE FEES ACTUALLY AMOUNT PAID BY YOU UNDER THIS AGREEMENT FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIMNAMOGOO.

Limitation of Liabilities. IT IS EXPRESSLY AGREED THAT RiT’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT RiT’s OPTION EITHER (A) RETURN OF PAYMENT; OR (B) REPAIR OR REPLACEMENT OF THE SOFTWARE. IN NO EVENT WELLWINK OR SHALL RiT BE LIABLE FOR ANY OF THE DIRECT OR INDIRECT OWNERS OF WELLWINK, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, AGENTS, AND EMPLOYEES, OR ANY LICENSORS OF WELLWINK SHALL HAVE ANY LIABILITY WHATSOEVER FOR INSTANCES INCLUDING BUT NOT LIMITED TO ANY LOSS OR CORRUPTION OF DATA, ANY INABILITY TO RECORD OR ACCESS DATA, ANY FAILURE TO RESTORE DATAPERSONAL INJURY, OR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECTPUNITIVE, EXEMPLARY CONSEQUENTIAL OR PUNITIVE INDIRECT DAMAGES, IN CONNECTION WITH OR ARISING FROM THE LICENSE GRANTED HEREIN OR YOUR USE OF OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, AND REGARDLESS OF WHETHER RiT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCLUDED DAMAGES INCLUDING INCLUDE, BUT ARE NOT LIMITED TO, COMPUTER TIME, LABOR COSTS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, REVENUES OR GOODWILLLOSS OF SAVINGS, LOSS OF USEBUSINESS INFORMATION, OR LOSS OF INFORMATION USE OR DATAINTERRUPTION OF BUSINESS, OR FROM INCREASED EXPENSES OR COSTS, FORESEEABLE OR UNFORESEEABLE, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WELLWINK HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING THAT MAY BE INCURRED OR SUFFERED BY THE LICENSEE OR ANY OTHER PERSON FROM THE USE OR INABILITY TO USE THE PROGRAMS AND SERVICES WHETHER UNDER THE LAWS OF CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE, ARISING FROM THOSE OR OTHER CAUSESPECUNIARY LOSS. WELLWINK DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR THE PROGRAMS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, OUR NO CASE SHALL RiT’S AGGREGATE LIABILITY UNDER THIS AGREEMENT, REGARDLESS LICENSE AGREEMENT OR ARISING OUT OF THEORY YOUR USE OF LIABILITY, SHALL BE LIMITED TO THE AGGREGATE FEES ACTUALLY SOFTWARE EXCEED THE PURCHASE PRICE PAID BY YOU UNDER THIS AGREEMENT FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIMPRODUCT.

Limitation of Liabilities. IT IS EXPRESSLY AGREED THAT IN ART MAKES NO EVENT WELLWINK OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY OF THE DIRECT EQUIPMENT, SERVICES AND RELATED SUPPORT SERVICES, WHETHER EXPRESS OR INDIRECT OWNERS OF WELLWINKIMPLIED, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, AGENTS, AND EMPLOYEES, OR ANY LICENSORS OF WELLWINK SHALL HAVE ANY LIABILITY WHATSOEVER FOR INSTANCES INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION. ART SHALL NOT BE LIABLE FOR ANY CLAIM OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ACTIONS, DAMAGES, DEMANDS, JUDGMENTS, LOSSES, COSTS, EXPENSES, LIABILITIES, AND LOSS OF MONIES ARISING OUT OF THIS AGREEMENT OR CORRUPTION THE PERFORMANCE, WHETHER BASED ON CONTRACT, WARRANTY, TORT INCLUDING NEGLIGENCE, MISTAKE, ERROR, MISCONDUCT, INTERRUPTION, DELAY, DEFECT OR OTHERWISE OF DATAART, ANY INABILITY TO RECORD OR ACCESS DATAITS EMPLOYEES, ANY FAILURE TO RESTORE DATAAGENTS, CONTRACTORS, OR ANY SUB-CONTRACTORS, OR AFFILIATED COMPANIES, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TODAMAGES, LOSS OF PROFITS, REVENUES REVENUE OR GOODWILLPROFIT, LOSS OF USEUSE OF ANY PROPERTY, COST OF SUBSTITUTE PERFORMANCE, EQUIPMENT OR LOSS SERVICES, COST OF INFORMATION OR DATA, OR FROM INCREASED EXPENSES OR COSTS, FORESEEABLE OR UNFORESEEABLE, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WELLWINK HAS BEEN APPRISED CAPITAL DOWNTIME COSTS AND CLAIMS OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING THAT MAY BE INCURRED OR SUFFERED BY THE LICENSEE OR ANY OTHER PERSON FROM THE USE OR INABILITY TO USE THE PROGRAMS AND SERVICES WHETHER UNDER THE LAWS OF CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE, ARISING FROM THOSE OR OTHER CAUSES. WELLWINK DISCLAIMS ANY AND ALL LIABILITY RESELLER FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR THE PROGRAMS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THEORY OF LIABILITY, SHALL BE LIMITED TO THE AGGREGATE FEES ACTUALLY PAID BY YOU UNDER THIS AGREEMENT FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIMDAMAGES.

Limitation of Liabilities. IT YOU AGREE THAT PROVIDER AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR FROM YOUR PURCHASE OR SALE OF GOODS THROUGH THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS EXPRESSLY AGREED THAT BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT WELLWINK EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL PROVIDER OR ANY OF THE DIRECT OR INDIRECT OWNERS OF WELLWINKITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR THEIR RESPECTIVE OFFICERSPUNITIVE DAMAGES (INCLUDING, DIRECTORSWITHOUT LIMITATION, STOCKHOLDERSLOSS OF PROFITS, AGENTS, AND EMPLOYEES, OR ANY LICENSORS OF WELLWINK SHALL HAVE ANY LIABILITY WHATSOEVER FOR INSTANCES INCLUDING BUT NOT LIMITED TO ANY LOSS OR CORRUPTION OF DATA, ANY INABILITY TO RECORD LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR ACCESS DATA, ANY FAILURE TO RESTORE DATAMALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY SPECIALWAY RELATED TO THE MATERIALS, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUES OR GOODWILL, LOSS OF USECONTENT, OR LOSS OF INFORMATION OR DATA, OR FROM INCREASED EXPENSES OR COSTS, FORESEEABLE OR UNFORESEEABLE, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, ON THIS SITE OR ANY OTHER THEORY OF LIABILITYPRODUCTS, EVEN IF WELLWINK HAS BEEN APPRISED OF THE POSSIBILITY SERVICES, OR LIKELIHOOD OF SUCH DAMAGES OCCURRING THAT MAY BE INCURRED INFORMATION OFFERED, SOLD, OR SUFFERED BY THE LICENSEE OR ANY OTHER PERSON FROM THE DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE THE PROGRAMS AND SERVICES WHETHER UNDER THE LAWS OF CONTRACTUSE, STRICT LIABILITYTHIS SITE GENERALLY, TORT OR OTHERWISE, ARISING FROM THOSE OR OTHER CAUSES. WELLWINK DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR THE PROGRAMS. NOTWITHSTANDING ANYTHING OTHERWISE IN THIS AGREEMENT TO THE CONTRARY, OUR AGGREGATE LIABILITY UNDER CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THEORY WHETHER PROVIDER OR ANY OF LIABILITYITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME PROVINCES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SHALL BE LIMITED THE ABOVE LIMITATION MAY NOT APPLY TO THE AGGREGATE FEES ACTUALLY PAID BY YOU UNDER THIS AGREEMENT FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIMYOU.

Limitation of Liabilities. IT IS EXPRESSLY AGREED THAT IN NO EVENT WELLWINK OR ANY OF THE DIRECT OR INDIRECT OWNERS OF WELLWINK, OR THEIR RESPECTIVE SHALL c360 AND ITS OFFICERS, DIRECTORS, STOCKHOLDERSEMPLOYEES, SHAREHOLDERS, AGENTS, AND EMPLOYEESSUPPLIERS, OR REPRESENTATIVES BE LIABLE FOR ANY LICENSORS OF WELLWINK SHALL HAVE ANY LIABILITY WHATSOEVER FOR INSTANCES INCLUDING BUT NOT LIMITED TO ANY LOSS OR CORRUPTION OF DATA, ANY INABILITY TO RECORD OR ACCESS DATA, ANY FAILURE TO RESTORE DATA, OR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR COSTS INCURRED AS A RESULT OF LOSS OF TIME, LOSS OF SAVINGS, LOSS OF DATA, LOSS OF PROFITS, REVENUES OR GOODWILL, LOSS OF USE, OR LOSS OF INFORMATION OR DATAGOODWILL, OR FROM INCREASED EXPENSES OR COSTS, WHETHER FORESEEABLE OR UNFORESEEABLE, THAT MAY ARISE OUT OF OR IN CONNECTION WITH THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR COSTS RESULTING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE PROVIDED BY c360, OR c360’S SUPPLIERS, EVEN IF THE PARTY OR ITS SUPPLIERS HAVE BEEN NOTIFIED OF TH E POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR COSTS OCCURRING, AND WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF BASED ON CONTRACT, BREACH OF WARRANTYTORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF c360 AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, OR REPRESENTATIVES FOR ANY DAMAGES INCURRED BY YOU OR ANY OTHER THEORY OF LIABILITY, EVEN IF WELLWINK HAS BEEN APPRISED END USER REGARDLESS OF THE POSSIBILITY OR LIKELIHOOD FORM OF SUCH DAMAGES OCCURRING THAT MAY BE INCURRED OR SUFFERED BY THE LICENSEE OR ANY OTHER PERSON FROM THE USE OR INABILITY TO USE THE PROGRAMS AND SERVICES ACTION, WHETHER UNDER THE LAWS OF BASED ON CONTRACT, STRICT LIABILITYTORT, TORT OR OTHERWISE, ARISING FROM THOSE OR OTHER CAUSES. WELLWINK DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES OTHERWISE EVER EXCEED THE LICENSE FEES RECEIVED BY TELECOMMUNICATION SERVICE PROVIDERS OR THE PROGRAMS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, OUR AGGREGATE LIABILITY c360 UNDER THIS AGREEMENT, REGARDLESS OF THEORY OF LIABILITY, SHALL BE LIMITED TO THE AGGREGATE FEES ACTUALLY PAID BY YOU UNDER THIS AGREEMENT FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM.

Limitation of Liabilities. IT IS EXPRESSLY AGREED THAT IN ART MAKES NO EVENT WELLWINK OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY OF THE DIRECT EQUIPMENT, SERVICES AND RELATED SUPPORT SERVICES, WHETHER EXPRESS OR INDIRECT OWNERS OF WELLWINKIMPLIED, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, AGENTS, AND EMPLOYEES, OR ANY LICENSORS OF WELLWINK SHALL HAVE ANY LIABILITY WHATSOEVER FOR INSTANCES INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ART SHALL NOT BE LIABLE FOR ANY CLAIMS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ACTIONS, DAMAGES, DEMANDS, JUDGMENTS, LOSSES, COSTS, EXPENSES, LIABILITIES, AND LOSS OF MONIES ARISING OUT OF THIS AGREEMENT OR CORRUPTION THE PERFORMANCE, WHETHER BASED ON CONTRACT, WARRANTY, TORT INCLUDING NEGLIGENCE, MISTAKE, ERROR, MISCONDUCT, INTERRUPTION, DELAY, DEFECT OR OTHERWISE OF DATAART, ANY INABILITY TO RECORD OR ACCESS DATAITS EMPLOYEES, ANY FAILURE TO RESTORE DATAAGENTS, CONTRACTORS, OR ANY SUB-CONTRACTORS, OR AFFILIATED COMPANIES, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TODAMAGES, LOSS OF PROFITS, REVENUES REVENUE OR GOODWILLPROFIT, LOSS OF USEUSE OF ANY PROPERTY, COST OF SUBSTITUTE PERFORMANCE, EQUIPMENT OR LOSS SERVICES, COST OF INFORMATION OR DATA, OR FROM INCREASED EXPENSES OR COSTS, FORESEEABLE OR UNFORESEEABLE, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WELLWINK HAS BEEN APPRISED CAPITAL DOWNTIME COSTS AND CLAIMS OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING THAT MAY BE INCURRED OR SUFFERED BY THE LICENSEE OR ANY OTHER PERSON FROM THE USE OR INABILITY TO USE THE PROGRAMS AND SERVICES WHETHER UNDER THE LAWS OF CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE, ARISING FROM THOSE OR OTHER CAUSES. WELLWINK DISCLAIMS ANY AND ALL LIABILITY PURCHASER FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR THE PROGRAMS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THEORY OF LIABILITY, SHALL BE LIMITED TO THE AGGREGATE FEES ACTUALLY PAID BY YOU UNDER THIS AGREEMENT FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIMDAMAGES.

Limitation of Liabilities. IT IS EXPRESSLY AGREED THAT OVVO OPTICS WILL NOT BE LIABLE (WHETHER IN NO EVENT WELLWINK OR ANY OF THE DIRECT OR INDIRECT OWNERS OF WELLWINKCONTRACT, OR THEIR RESPECTIVE OFFICERSWARRANTY, DIRECTORSTORT (INCLUDING, STOCKHOLDERS, AGENTS, AND EMPLOYEES, OR ANY LICENSORS OF WELLWINK SHALL HAVE ANY LIABILITY WHATSOEVER FOR INSTANCES INCLUDING BUT NOT LIMITED TO ANY LOSS OR CORRUPTION OF DATA, ANY INABILITY TO RECORD OR ACCESS DATA, ANY FAILURE TO RESTORE DATA, OR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITSNEGLIGENCE), REVENUES OR GOODWILL, LOSS OF USE, OR LOSS OF INFORMATION OR DATA, OR FROM INCREASED EXPENSES OR COSTS, FORESEEABLE OR UNFORESEEABLE, WHETHER A CLAIM FOR ANY SUCH PRODUCT LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACTOTHER THEORY), BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WELLWINK HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING THAT MAY BE INCURRED OR SUFFERED BY THE LICENSEE TO YOU OR ANY OTHER PERSON FROM OR ENTITY FOR COST OF COVER, LOST PROFITS, LOSS OF BUSINESS, DATA OR REPUTATION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT. OVVO OPTICS AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT WILL IN NO EVENT EXCEED FIFTY PERCENT (50%) OF THE TOTAL FEES PAID OR ACCRUED BY YOU TO OVVO OPTICS DURING THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRAN- TIES, EXPRESS AND IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). THE SITE AND THE SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. OVVO Optics HAS NO LIABILITY, WHATSOEVER, TO PUBLISHER OR ANY THIRD PARTY, FOR PUBLISHER USE OF, OR INABILITY TO USE USE, THE PROGRAMS SITE OR THE SERVICE AND SERVICES WHETHER UNDER THE LAWS OF CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE, ARISING FROM THOSE OR OTHER CAUSES. WELLWINK OVVO OPTICS DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS WARRANTIES, EXPRESS AND LOSS IMPLIED, THAT PUBLISHER USE OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS SAME WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY OF THE PROGRAMSADVERTISER PROGRAMS WILL BE AVAILABLE TO PUBLISHER. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THEORY OF LIABILITY, OVVO OP- TICS SHALL NOT BE LIMITED TO THE AGGREGATE FEES ACTUALLY PAID BY YOU UNDER THIS AGREEMENT RESPONSIBLE FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIMFAILURE OR OTHER ACTS OR OMISSIONS OF ANY ADVERTISER.

Limitation of Liabilities. IT IS EXPRESSLY AGREED THAT IN NO EVENT WELLWINK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR ANY BREACHES OF OR ANY FOR LIABILITY ARISING OUT OF THE DIRECT SECTION 3 (RESTRICTIONS), 5 (CONFIDENTIALITY) OR INDIRECT OWNERS OF WELLWINKA PARTY’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, OR THEIR RESPECTIVE OFFICERSCUSTOMER’S PAYMENT OBLIGATIONS, DIRECTORS, STOCKHOLDERS, AGENTS, AND EMPLOYEES, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY IN CONNECTION WITH THIS AGREEMENT OR THE SUBJECT MATTER HEREOF (UNDER ANY LICENSORS OF WELLWINK SHALL HAVE ANY LIABILITY WHATSOEVER FOR INSTANCES INCLUDING BUT NOT LIMITED TO ANY LOSS OR CORRUPTION OF DATA, ANY INABILITY TO RECORD OR ACCESS DATA, ANY FAILURE TO RESTORE DATA, OR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUES OR GOODWILL, LOSS OF USE, OR LOSS OF INFORMATION OR DATA, OR FROM INCREASED EXPENSES OR COSTS, FORESEEABLE OR UNFORESEEABLE, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WELLWINK HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING THAT MAY BE INCURRED OR SUFFERED BY THE LICENSEE OR ANY OTHER PERSON FROM THE USE OR INABILITY TO USE THE PROGRAMS AND SERVICES WHETHER UNDER THE LAWS OF IN CONTRACT, STRICT LIABILITYSTATUTE, TORT OR OTHERWISE) FOR: (a) ANY LOST PROFITS, ARISING FROM THOSE LOST BUSINESS OPPORTUNITIES, LOST DATA, OR OTHER CAUSES. WELLWINK DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR SUCH DAMAGES OR LOSSES WERE REASONABLY FORESEEABLE, OR (b) AN AMOUNT THAT EXCEEDS THE PROGRAMS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TOTAL FEES PAYABLE TO THE CONTRARY, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THEORY OF LIABILITY, SHALL BE LIMITED TO THE AGGREGATE FEES ACTUALLY PAID BY YOU UNDER THIS AGREEMENT XXXX SCALE FOR THE SIX (6) RELEVANT SAAS PRODUCT, HARDWARE, OR SERVICE DURING THE TWELVE-MONTH PERIOD PRECEDING BEFORE THE EVENT FIRST GIVING RISE TO SUCH LIABILITY. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SPECIFIED IN THIS AGREEMENT. MULTIPLE CLAIMS SHALL NOT EXPAND THE CLAIMLIMITATIONS SPECIFIED IN THIS SECTION 11.

Limitation of Liabilities. IT IS EXPRESSLY AGREED THAT EXCEPT FOR ANY LIABILITY ARISING UNDER SECTION 6 (INDEMNITY) OR SECTION 9 (CONFIDENTIALITY), IN NO EVENT WELLWINK OR WILL ANY OF THE DIRECT OR INDIRECT OWNERS OF WELLWINKPARTY BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR THEIR RESPECTIVE OFFICERSLOST OR DAMAGED DATA, DIRECTORSBUSINESS INTERRUPTION, STOCKHOLDERS, AGENTS, AND EMPLOYEESLOSS OF CAPITAL, OR ANY LICENSORS OF WELLWINK SHALL HAVE ANY LIABILITY WHATSOEVER FOR INSTANCES INCLUDING BUT NOT LIMITED TO ANY LOSS OR CORRUPTION OF DATASPECIAL, ANY INABILITY TO RECORD OR ACCESS DATA, ANY FAILURE TO RESTORE DATA, OR ANY SPECIALINDIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS HOWSOEVER CAUSED AND REGARDLESS OF PROFITS, REVENUES THE THEORY OF LIABILITY OR GOODWILL, LOSS WHETHER ARISING OUT OF USETHE USE OF OR INABILITY TO USE SOFTWARE OR OTHERWISE AND EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR ANY LIABILITY ARISING UNDER SECTION 6 (INDEMNITY), OR LOSS OF INFORMATION OR DATASECTION 9 (CONFIDENTIALITY), OR FROM INCREASED EXPENSES OR COSTS, FORESEEABLE OR UNFORESEEABLEIN NO EVENT SHALL ANY PARTY’S LIABILITY TO THE OTHER, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WELLWINK HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING THAT MAY BE INCURRED OR SUFFERED BY THE LICENSEE OR ANY OTHER PERSON FROM THE USE OR INABILITY TO USE THE PROGRAMS AND SERVICES WHETHER UNDER THE LAWS OF CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE, ARISING EXCEED THE LICENSE FEES RECEIVED BY COMPANY FROM THOSE CUSTOMER (AND IN THE CASE OF CUSTOMER FEES PAID AND DUE TO COMPANY OR OTHER CAUSES. WELLWINK DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR ITS AUTHORIZED RESELLER) IN THE PROGRAMS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THEORY OF LIABILITY, SHALL BE LIMITED TO THE AGGREGATE FEES ACTUALLY PAID BY YOU UNDER THIS AGREEMENT FOR THE SIX TWELVE (612) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE PRIOR TO THE CLAIM, WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER. Customer agrees that the limitations of liability and disclaimers set forth herein will apply regardless of whether Customer has accepted the SoKware or Documentation or any other product or service delivered by Company or its Authorized Resellers.

Limitation of Liabilities. IT IS EXPRESSLY AGREED THAT IN NO EVENT WELLWINK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR ANY BREACHES OF OR ANY FOR LIABILITY ARISING OUT OF THE DIRECT OR INDIRECT OWNERS OF WELLWINKSECTION 3 (RESTRICTIONS), 5 (CONFIDENTIALITY), OR THEIR RESPECTIVE OFFICERSCUSTOMER’S PAYMENT OBLIGATIONS, DIRECTORS, STOCKHOLDERS, AGENTS, AND EMPLOYEES, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY IN CONNECTION WITH THIS AGREEMENT OR THE SUBJECT MATTER HEREOF (UNDER ANY LICENSORS OF WELLWINK SHALL HAVE ANY LIABILITY WHATSOEVER FOR INSTANCES INCLUDING BUT NOT LIMITED TO ANY LOSS OR CORRUPTION OF DATA, ANY INABILITY TO RECORD OR ACCESS DATA, ANY FAILURE TO RESTORE DATA, OR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUES OR GOODWILL, LOSS OF USE, OR LOSS OF INFORMATION OR DATA, OR FROM INCREASED EXPENSES OR COSTS, FORESEEABLE OR UNFORESEEABLE, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WELLWINK HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING THAT MAY BE INCURRED OR SUFFERED BY THE LICENSEE OR ANY OTHER PERSON FROM THE USE OR INABILITY TO USE THE PROGRAMS AND SERVICES WHETHER UNDER THE LAWS OF IN CONTRACT, STRICT LIABILITYSTATUTE, TORT OR OTHERWISE) FOR: (a) ANY LOST PROFITS, ARISING FROM THOSE LOST BUSINESS OPPORTUNITIES, LOST DATA, OR OTHER CAUSES. WELLWINK DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR SUCH DAMAGES OR LOSSES WERE REASONABLY FORESEEABLE, OR (b) AN AMOUNT THAT EXCEEDS THE PROGRAMS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TOTAL FEES PAYABLE TO THE CONTRARY, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THEORY OF LIABILITY, SHALL BE LIMITED TO THE AGGREGATE FEES ACTUALLY PAID BY YOU UNDER THIS AGREEMENT MOBILEIRON FOR THE SIX (6) RELEVANT SOFTWARE, OR SERVICE DURING THE TWELVE-MONTH PERIOD PRECEDING BEFORE THE EVENT FIRST GIVING RISE TO SUCH LIABILITY. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SPECIFIED IN THIS AGREEMENT. MULTIPLE CLAIMS SHALL NOT EXPAND THE CLAIMLIMITATIONS SPECIFIED IN THIS SECTION 11.

Limitation of Liabilities. IT IS EXPRESSLY AGREED THAT IN NO EVENT WELLWINK OR SHALL RELAYHEALTH NOR ANY OF THE DIRECT OR INDIRECT OWNERS OF WELLWINKITS SHAREHOLDERS, OR THEIR RESPECTIVE OFFICERSAFFILIATES, DIRECTORS, STOCKHOLDERSMANAGERS, AGENTS, AND EMPLOYEESEMPLOYEES OR OTHER REPRESENTATIVES OR RELAYHEALTH PAYORS BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (i) THE FEES PAID DURING THE PRECEDING TWELVE MONTHS, OR (ii) IN THE EVENT NO FEES WERE PAID OR REQUIRED, $1,000. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RELAYHEALTH NOR ANY LICENSORS OF WELLWINK SHALL HAVE ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES OR RELAYHEALTH PAYORS BE LIABLE FOR ANY LIABILITY WHATSOEVER FOR INSTANCES SPECIAL, PUNITIVE, INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY PERSONAL INJURY, WRONGFUL DEATH, LOSS OR CORRUPTION OF DATA, ANY INABILITY TO RECORD OR ACCESS DATA, ANY FAILURE TO RESTORE DATA, OR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TOUSE, LOSS OF PROFITS, REVENUES OR GOODWILL, LOSS INTERRUPTION OF USE, SERVICE OR LOSS OF INFORMATION OR DATA, OR FROM INCREASED EXPENSES OR COSTSWHETHER IN ANY ACTION IN WARRANTY, FORESEEABLE OR UNFORESEEABLE, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTYTORT (INCLUDING, NEGLIGENCE, STRICT LIABILITYBUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY OTHER THEORY OF LIABILITYWAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR ANY SERVICE OFFERED THROUGH THIS WEB SITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THIS WEB SITE, EVEN IF WELLWINK HAS BEEN APPRISED AN AUTHORIZED REPRESENTATIVE OF RELAYHEALTH IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING THAT MAY BE INCURRED OR SUFFERED BY THE LICENSEE OR ANY OTHER PERSON FROM THE USE OR INABILITY TO USE THE PROGRAMS AND SERVICES WHETHER UNDER THE LAWS OF CONTRACTSAME. RelayHealth and RelayHealth Payors are not responsible, STRICT LIABILITYdirectly or indirectly, TORT OR OTHERWISEfor any claims, ARISING FROM THOSE OR OTHER CAUSES. WELLWINK DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR THE PROGRAMS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARYcauses of action, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENTliabilities, REGARDLESS OF THEORY OF LIABILITYdamages and expenses (including, SHALL BE LIMITED TO THE AGGREGATE FEES ACTUALLY PAID BY YOU UNDER THIS AGREEMENT FOR THE SIX (6without limitation, attorneys fees) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIMarising out of or in any way related to any act or omission of a Provider or Authorized User that violates any legal, ethical and/or professional rule, regulation, issuance, guidance, standard or code of conduct when providing services via the RelayHealth Services.

Limitation of Liabilities. IT IS EXPRESSLY AGREED THAT IN NO EVENT WELLWINK NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE MAXIMUM LIABILITY, IF ANY, OF SELLER FOR ALL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURIES TO PERSONS OR ANY OF THE DIRECT OR INDIRECT OWNERS OF WELLWINK, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, AGENTS, AND EMPLOYEES, OR ANY LICENSORS OF WELLWINK SHALL HAVE ANY LIABILITY WHATSOEVER FOR INSTANCES INCLUDING BUT NOT LIMITED TO ANY LOSS OR CORRUPTION OF DATA, ANY INABILITY TO RECORD OR ACCESS DATA, ANY FAILURE TO RESTORE DATA, OR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUES OR GOODWILL, LOSS OF USE, OR LOSS OF INFORMATION OR DATA, OR FROM INCREASED EXPENSES OR COSTS, FORESEEABLE OR UNFORESEEABLEPROPERTY, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON ARISING FROM SELLER’S BREACH OF CONTRACTTHIS AGREEMENT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITYTORT, EVEN IF WELLWINK HAS BEEN APPRISED WITH RESPECT TO THE PRODUCTS IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING THAT MAY BE INCURRED OR SUFFERED BY THE LICENSEE OR ANY OTHER PERSON FROM THE USE OR INABILITY TO USE THE PROGRAMS AND SERVICES WHETHER UNDER THE LAWS OF CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE, ARISING FROM THOSE OR OTHER CAUSES. WELLWINK DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR THE PROGRAMSPRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT HEREIN TO THE CONTRARY, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENTSELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES OR FOR INCIDENTAL AND INDIRECT COSTS INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF REVENUE, LOSS BY REASON OF COST OF CAPITAL, LOSS OF OPPORTUNITY OR LOSS OF GOODWILL, REGARDLESS OF WHETHER A CLAIM IS BASED ON AGREEMENT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR THEORY OF LIABILITYSTRICT LIABILITY OR OTHER LEGAL THEORY, SHALL BE LIMITED TO EVEN IF IT HAS BEEN ADVISED OF THE AGGREGATE FEES ACTUALLY PAID BY YOU UNDER THIS AGREEMENT FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIMPOSSIBILITY OF SUCH DAMAGES.

Limitation of Liabilities. IT IS EXPRESSLY AGREED THAT IN NO EVENT WELLWINK OR WILL COMPANY BE LIABLE TO YOU FOR ANY OF THE DIRECT OR INDIRECT OWNERS OF WELLWINKDAMAGES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, AGENTS, AND EMPLOYEES, OR INCLUDING ANY LICENSORS OF WELLWINK SHALL HAVE ANY LIABILITY WHATSOEVER FOR INSTANCES INCLUDING BUT NOT LIMITED TO ANY LOSS OR CORRUPTION OF DATA, ANY INABILITY TO RECORD OR ACCESS DATA, ANY FAILURE TO RESTORE DATA, OR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF LOST PROFITS, REVENUES OR GOODWILL, LOSS OF USE, OR BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, COST OF RECREATING LOST DATA, COST OF COVER, LOST SAVINGS, OR FROM INCREASED EXPENSES OTHER INCIDENTAL OR COSTSCONSEQUENTIAL DAMAGES OUT OF THE USE OR INABLITY TO USE SUCH SOFTWARE, FORESEEABLE SUBSCRIPTION SERVICE OR UNFORESEEABLESAID ITEMS OR SERVICES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY. COMPANY’S LIABILITY FOR DAMAGES, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF IN CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, TORT OR ANY OTHER THEORY OF LIABILITYLIABLITY, EVEN IF WELLWINK REGARLESS OF WHETHER COMPANY HAS BEEN APPRISED NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD POSSIBLITY OF SUCH DAMAGES OCCURRING THAT MAY BE INCURRED OR SUFFERED ACTION SHALL NOT EXCEED THE AGGREGATE CHARGES PAID BY YOU, IF ANY, FOR THE (1) AMOUNT OF THE LICENSE FEES PAID TO COMPANY BY LICENSEE OR ANY OTHER PERSON FROM THIRD PARTY PROVIDER IF THE USE PRODUCT IS BUNDLED BY A THIRD PARTY (PROVIDED THAT SUCH LOSS OR INABILITY TO USE THE PROGRAMS AND SERVICES WHETHER UNDER THE LAWS OF CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE, ARISING FROM THOSE OR OTHER CAUSES. WELLWINK DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR THE PROGRAMS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT DAMAGES IS NOT RELATED TO THE CONTRARY, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT, REGARDLESS SUBSCRIPTION SERVICES). THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THEORY ESSENTIAL PURPOSE OF LIABILITY, SHALL BE ANY LIMITED TO THE AGGREGATE FEES ACTUALLY PAID BY YOU UNDER THIS AGREEMENT FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIMREMEDY.

Limitation of Liabilities. IT IS EXPRESSLY AGREED THAT SELLER’S LIABILITY TO BUYER ON ANY CLAIM OF ANY KIND, INCLUDING NEGLIGENCE, WITH RESPECT TO THE PRODCUTS DELIVERED HEREUNDER, SHALL IN NO CASE EXCEED THE PURCHASE PRICE INVOICED TO BUYER OF THE PRODUCTS OR PART THEREOF WHICH GIVES RISE TO THE CLAIM. IN NO EVENT WELLWINK OR ANY OF THE DIRECT OR INDIRECT OWNERS OF WELLWINK, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, AGENTS, AND EMPLOYEESSHALL SELLER BE LIABLE TO BUYER, OR ANY LICENSORS OF WELLWINK SHALL HAVE THIRD PARTY, FOR ANY LIABILITY WHATSOEVER FOR INSTANCES ADDITIONAL DAMAGES INCLUDING BUT NOT LIMITED TO ANY LOSS OR CORRUPTION OF DATA, ANY INABILITY TO RECORD OR ACCESS DATA, ANY FAILURE TO RESTORE DATA, OR ANY SPECIAL, CONSEQUENTIALINDIRECT, INCIDENTAL, INDIRECTEXEMPLARY, EXEMPLARY CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES INCLUDING DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF IN LITIGATION, LOST PROFITS, REVENUES BUSINESS INTERRUPTION, OR GOODWILLOTHER INDIRECT LOSS, LOSS ARISING OUT OF USEOR AS A RESULT OF THE PURCHASE ORDER, SALE, DELIVERY, NON-DELIVERY, SERVICING, USE OR LOSS OF INFORMATION USE OF THE PRODUCTS OR DATAANY PART THEREOF, OR FROM INCREASED EXPENSES OR COSTS, FORESEEABLE OR UNFORESEEABLE, WHETHER A CLAIM FOR ANY CHARGES OR EXPENSES OF ANY NATURE INCURRED, EVEN THOUGH SELLER MAY HAVE BEEN NEGLIGENT, AND BUYER AGREES TO INDEMNIFY AND HOLD SELLER HARMLESS FROM ANY AND ALL SUCH LIABILITY CLAIMS OF DAMAGE BY BUYER OR DAMAGES IS PREMISED UPON BREACH OF CONTRACTITS AGENTS, BREACH OF WARRANTYSUBSIDIARIES, NEGLIGENCEEMPLOYEES, STRICT LIABILITYCUSTOMERS, INDEPENDENT CONTRACTORS, OR AFFILIATES, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WELLWINK HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING THAT MAY BE INCURRED OR SUFFERED BY THE LICENSEE OR ANY OTHER PERSON FROM THE USE OR INABILITY TO USE THE PROGRAMS AND SERVICES WHETHER UNDER THE LAWS OF CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE, ARISING FROM THOSE OR OTHER CAUSES. WELLWINK DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR THE PROGRAMS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THEORY OF LIABILITY, SHALL BE LIMITED TO THE AGGREGATE FEES ACTUALLY PAID BY YOU UNDER THIS AGREEMENT FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIMTHIRD PARTY.

Limitation of Liabilities. IT IS EXPRESSLY AGREED THAT TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN NO EVENT WELLWINK OR THIS AGREEMENT, WE, OUR AFFILIATES, ANY OF THE DIRECT OR INDIRECT OWNERS OUR THIRD PARTIES, AND ANY OF WELLWINK, OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, DIRECTORSEMPLOYEES, STOCKHOLDERSREPRESENTATIVES, AGENTSAFFILIATES, AND EMPLOYEES, AGENTS WILL NOT BE LIABLE TO YOU OR ANY LICENSORS OF WELLWINK SHALL HAVE THIRD PARTY FOR ANY LIABILITY WHATSOEVER FOR INSTANCES INCLUDING BUT NOT LIMITED TO ANY LOSS OR CORRUPTION OF DATAINDIRECT, ANY INABILITY TO RECORD OR ACCESS DATAINCIDENTAL, ANY FAILURE TO RESTORE DATASPECIAL, OR ANY SPECIALCOMPENSATORY, CONSEQUENTIAL, INCIDENTALOR EXEMPLARY DAMAGES THAT ARISE FROM, REGARD OR RELATE TO, OR RESULT FROM THE ACCESS TO, USE OF (OR INABILITY TO ACCESS OR USE), OR AVAILABILITY OF (OR LACK THEREOF) THE DIGITAL PLATFORMS, SERVICES, OR PRODUCTS, REGARDLESS OF THE FORM OF THE ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT WE MAY RELY ON THE PAYMENT DETAILS, INSTRUCTIONS, AND RECIPIENT DETAILS THAT YOU PROVIDE AND THAT WE, OUR AFFILIATES, AND OUR THIRD PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR DIRECT, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TOINCIDENTAL, LOSS OF PROFITSSPECIAL, REVENUES OR GOODWILLCOMPENSATORY, LOSS OF USECONSEQUENTIAL, OR LOSS OF INFORMATION EXEMPLARY DAMAGES FOR RESOLVING PAYMENT DISPUTES OR DATAOTHER DISPUTES REGARDING SENDING, RECEIVING, OR FROM INCREASED EXPENSES OR COSTS, FORESEEABLE OR UNFORESEEABLE, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WELLWINK HAS BEEN APPRISED OF REQUESTING MONEY THROUGH THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING THAT MAY BE INCURRED OR SUFFERED BY THE LICENSEE OR ANY OTHER PERSON FROM THE USE OR INABILITY TO USE THE PROGRAMS AND SERVICES WHETHER UNDER THE LAWS OF CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE, ARISING FROM THOSE OR OTHER CAUSES. WELLWINK DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR THE PROGRAMS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THEORY OF LIABILITY, SHALL BE LIMITED TO THE AGGREGATE FEES ACTUALLY PAID BY YOU UNDER THIS AGREEMENT FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIMPRODUCTS WE OFFER.

Limitation of Liabilities. IT IS EXPRESSLY AGREED THAT IN NO EVENT WELLWINK OR ANY OF NEITHER PARTY SHALL BE LIABLE TO THE DIRECT OR INDIRECT OWNERS OF WELLWINK, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, AGENTS, AND EMPLOYEES, OR ANY LICENSORS OF WELLWINK SHALL HAVE ANY LIABILITY WHATSOEVER OTHER PARTY FOR INSTANCES INCLUDING BUT NOT LIMITED TO ANY LOSS OR CORRUPTION OF DATA, ANY INABILITY TO RECORD OR ACCESS DATA, ANY FAILURE TO RESTORE DATA, OR ANY SPECIALINCIDENTAL, CONSEQUENTIAL, INCIDENTALPUNITIVE OR SPECIAL DAMAGES (SUCH AS, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, PROFITS OR REVENUES OR GOODWILL, LOSS OF USE, DAMAGE TO OR LOSS OF INFORMATION PERSONAL PROPERTY OR DATA, OR FROM INCREASED EXPENSES OR COSTS, FORESEEABLE OR UNFORESEEABLE), WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BASED ON BREACH OF CONTRACT, BREACH OF WARRANTYTORT (INCLUDING NEGLIGENCE) OR OTHERWISE, NEGLIGENCE, STRICT LIABILITY, WHETHER OR ANY OTHER THEORY OF LIABILITY, EVEN IF WELLWINK NOT SUCH PARTY HAS BEEN APPRISED ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING DAMAGE. IN THE EVENT THAT MAY BE INCURRED OR SUFFERED BY THE LICENSEE OR ANY OTHER PERSON FROM THE USE OR INABILITY TO USE THE PROGRAMS AND SERVICES WHETHER UNDER THE LAWS OF CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE, ARISING FROM THOSE OR OTHER CAUSES. WELLWINK DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR THE PROGRAMS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, OUR AGGREGATE LIABILITY EITHER PARTY BREACHES ITS OBLIGATIONS UNDER THIS AGREEMENT, REGARDLESS THE NON- BREACHING PARTY SHALL HAVE THE RIGHT TO EXERCISE ALL RIGHTS AND REMEDIES AVAILABLE TO IT AT LAW OR IN EQUITY; PROVIDED, HOWEVER, THAT (I) THE LIABILITY OF THEORY OF LIABILITY, THE BREACHING PARTY SHALL BE LIMITED TO DIRECT, ACTUAL DAMAGES ONLY AND ALL OTHER DAMAGES AND REMEDIES ARE WAIVED; AND (II) EACH PARTY WILL REMAIN LIABLE FOR THE AGGREGATE FEES ACTUALLY PAID BY YOU UNDER THIS AGREEMENT FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE AMOUNT OF ANY PAYMENT OBLIGATIONS OWED TO THE CLAIMOTHER PARTY PURSUANT TO THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION 6(d), THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL NOT APPLY TO (I) ANY BREACHES OF REPRESENTATIONS, WARRANTIES, OR OBLIGATIONS OF A PARTY UNDER SECTION 5(b) OR THIS SECTION 6, (II) THE INDEMNIFICATION OBLIGATIONS UNDER SECTION 5(e) OR (III) DAMAGES RESULTING FROM INTENTIONAL MISCONDUCT.

Limitation of Liabilities. IT IS (a) EXCEPT TO THE EXTENT EXPRESSLY AGREED THAT SET FORTH HEREIN, DESTINEER AND ITS AFFILIATES MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, CONCERNING THE SERVICES, THE SKYTEL NETWORK, THE DEVICES OR THE ANCILLARY SERVICES, AND HEREBY EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. Under no circumstances shall Destineer or its Affiliates be liable to Reseller or any other Person, including, without limitation, Subscribers, for any loss, injury, or damage, of whatever kind or nature, resulting from or arising out of any mistakes, errors, omissions, delays or interruptions in the receipt, transmission or storage of any messages, signals or information arising out of or in connection with the Services or use of the SkyTel Network. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DESTINEER AND ITS AFFILIATES SHALL IN NO EVENT WELLWINK BE LIABLE TO RESELLER OR ANY OF THE DIRECT OR INDIRECT OWNERS OF WELLWINKOTHER PERSON, OR THEIR RESPECTIVE OFFICERSINCLUDING, DIRECTORSWITHOUT LIMITATION, STOCKHOLDERSSUBSCRIBERS, AGENTS, AND EMPLOYEES, OR ANY LICENSORS OF WELLWINK SHALL HAVE ANY LIABILITY WHATSOEVER FOR INSTANCES INCLUDING BUT NOT LIMITED TO ANY LOSS OR CORRUPTION OF DATA, ANY INABILITY TO RECORD OR ACCESS DATA, ANY FAILURE TO RESTORE DATA, OR ANY SPECIAL, CONSEQUENTIALINDIRECT, INCIDENTAL, INDIRECTOR SPECIAL DAMAGES, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF LOST PROFITS, REVENUES OR GOODWILL, LOSS OF USE, OR LOSS OF INFORMATION OR DATA, OR FROM INCREASED EXPENSES OR COSTS, FORESEEABLE OR UNFORESEEABLE, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITYLOST SAVINGS, OR ANY OTHER THEORY FORM OF LIABILITYCONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION, EVEN IF WELLWINK DESTINEER HAS BEEN APPRISED ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING THAT MAY BE INCURRED OR SUFFERED BY THE LICENSEE OR ANY OTHER PERSON FROM THE USE OR INABILITY TO USE THE PROGRAMS AND SERVICES DAMAGES, WHETHER UNDER THE LAWS OF CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE, ARISING FROM THOSE OR OTHER CAUSES. WELLWINK DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR THE PROGRAMS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT, REGARDLESS BREACH OF THEORY OF LIABILITY, SHALL BE LIMITED TO THE AGGREGATE FEES ACTUALLY PAID BY YOU ITS OBLIGATIONS UNDER THIS AGREEMENT FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIMOR OTHERWISE.

Limitation of Liabilities. IT IS EXPRESSLY AGREED THAT IN UNDER NO EVENT WELLWINK CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT, OR OTHERWISE, SHALL LICENSOR OR ITS LICENSORS OR RESELLERS BE LIABLE TO YOU OR ANY OF THE DIRECT OR INDIRECT OWNERS OF WELLWINKTHIRD PERSON FOR ANY INDIRECT, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, AGENTS, AND EMPLOYEES, OR ANY LICENSORS OF WELLWINK SHALL HAVE ANY LIABILITY WHATSOEVER FOR INSTANCES INCLUDING BUT NOT LIMITED TO ANY LOSS OR CORRUPTION OF DATA, ANY INABILITY TO RECORD OR ACCESS DATA, ANY FAILURE TO RESTORE DATA, OR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECTPUNITIVE, EXEMPLARY EXEMPLARY, OR PUNITIVE CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TOOF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUES OR GOODWILL, LOSS OF USE, OR LOSS OF INFORMATION OR DATA, LOST PROFITS, WORK STOPPAGE, COMPUTER FAILURE OR FROM INCREASED EXPENSES OR COSTS, FORESEEABLE OR UNFORESEEABLE, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITYMALFUNCTIONS, OR ANY AND ALL OTHER THEORY COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF LIABILITYTHE AMOUNT LICENSOR RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF WELLWINK HAS LICENSOR SHALL HAVE BEEN APPRISED INFORMED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING THAT MAY BE INCURRED DAMAGES, OR SUFFERED OF ANY CLAIM BY THE LICENSEE OR ANY OTHER PERSON FROM THE USE OR INABILITY THIRD PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO USE THE PROGRAMS AND SERVICES WHETHER UNDER THE LAWS OF CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE, ARISING FROM THOSE OR OTHER CAUSES. WELLWINK DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE DEATH OR PERSONAL INJURY RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS LITRONIC'S GROSS NEGLIGENCE OR THE PROGRAMS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT INTENTIONAL ACTS TO THE CONTRARYEXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR AGGREGATE LIABILITY UNDER SO THIS AGREEMENT, REGARDLESS OF THEORY OF LIABILITY, SHALL BE LIMITED EXCLUSION AND LIMITATION MAY NOT APPLY TO THE AGGREGATE FEES ACTUALLY PAID BY YOU UNDER THIS AGREEMENT FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIMYOU.

Limitation of Liabilities. IT IS EXPRESSLY AGREED THAT THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. UNDER NO EVENT WELLWINK CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL WE BE LIABLE TO YOU THE CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF WE HAVE BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL WE BE LIABLE TO YOU THE CUSTOMER FOR ANY DIRECT DAMAGES, COSTS, OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER DURING THE TWELVE MONTHS PRECEDING THE INCIDENT OR CLAIM. UNDER NO CIRCUMSTANCES, INCLUDING CONTRACT, TORT, OR SOME OTHER LEGAL BASIS, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE DIRECT FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR INDIRECT OWNERS OF WELLWINKSUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, AGENTS, AND EMPLOYEES, OR ANY LICENSORS OF WELLWINK SHALL HAVE ANY LIABILITY WHATSOEVER FOR INSTANCES INCLUDING BUT NOT LIMITED BE LIABLE TO ANY LOSS OR CORRUPTION OF DATA, ANY INABILITY TO RECORD OR ACCESS DATA, ANY FAILURE TO RESTORE DATA, OR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUES OR GOODWILL, LOSS OF USE, OR LOSS OF INFORMATION OR DATA, OR FROM INCREASED EXPENSES OR COSTS, FORESEEABLE OR UNFORESEEABLE, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WELLWINK HAS BEEN APPRISED OF YOU THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING THAT MAY BE INCURRED OR SUFFERED BY THE LICENSEE CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE USE, THIS SYSTEM OR CONTENT, OR (B) THE PROGRAMS CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SYSTEM OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND SERVICES CAUSES OF ACTION WHETHER UNDER THE LAWS OF IN CONTRACT, STRICT TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PARTICULAR SERVICE OR SYSTEM CAUSING SUCH LIABILITY. MOREOVER, TORT UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR OTHERWISELICENSEES, ARISING FROM THOSE OR OTHER CAUSES. WELLWINK DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER ACCESS TO THE PROGRAMSSYSTEM OR CHANGE THE SYSTEM OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. NOTWITHSTANDING ANYTHING THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE CONTRARY, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THEORY OF LIABILITY, SHALL BE LIMITED TO THE AGGREGATE FEES ACTUALLY PAID MAXIMUM EXTENT PERMITTED BY YOU UNDER THIS AGREEMENT FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIMAPPLICABLE LAW.

Limitation of Liabilities. IT YOU AGREE THAT 814 CRE, LLC AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS EXPRESSLY AGREED THAT BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT WELLWINK EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL 814 CRE, LLC OR ANY OF THE DIRECT OR INDIRECT OWNERS OF WELLWINKITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR THEIR RESPECTIVE OFFICERSPUNITIVE DAMAGES (INCLUDING, DIRECTORSWITHOUT LIMITATION, STOCKHOLDERSLOSS OF PROFITS, AGENTS, AND EMPLOYEES, OR ANY LICENSORS OF WELLWINK SHALL HAVE ANY LIABILITY WHATSOEVER FOR INSTANCES INCLUDING BUT NOT LIMITED TO ANY LOSS OR CORRUPTION OF DATA, ANY INABILITY TO RECORD LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR ACCESS DATA, ANY FAILURE TO RESTORE DATAMALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY SPECIALWAY RELATED TO THE MATERIALS, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUES OR GOODWILL, LOSS OF USECONTENT, OR LOSS OF INFORMATION OR DATA, OR FROM INCREASED EXPENSES OR COSTS, FORESEEABLE OR UNFORESEEABLE, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, ON THIS SITE OR ANY OTHER THEORY OF LIABILITYPRODUCTS, EVEN IF WELLWINK HAS BEEN APPRISED OF THE POSSIBILITY SERVICES, OR LIKELIHOOD OF SUCH DAMAGES OCCURRING THAT MAY BE INCURRED INFORMATION OFFERED, SOLD, OR SUFFERED BY THE LICENSEE OR ANY OTHER PERSON FROM THE DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE THE PROGRAMS AND SERVICES WHETHER UNDER THE LAWS OF CONTRACTUSE, STRICT LIABILITYTHIS SITE GENERALLY, TORT OR OTHERWISE, ARISING FROM THOSE OR OTHER CAUSES. WELLWINK DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR THE PROGRAMS. NOTWITHSTANDING ANYTHING OTHERWISE IN THIS AGREEMENT TO THE CONTRARY, OUR AGGREGATE LIABILITY UNDER CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THEORY WHETHER 814 CRE, LLC OR ANY OF LIABILITYITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SHALL BE LIMITED THE ABOVE LIMITATION MAY NOT APPLY TO THE AGGREGATE FEES ACTUALLY PAID BY YOU UNDER THIS AGREEMENT FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIMYOU.

Limitation of Liabilities. IT IS EXPRESSLY AGREED THAT IN NO EVENT WELLWINK WITH THE EXCEPTION OF EITHER PARTY'S INDEMNIFICATION OBLIGATIONS, ANY LIABILITY OF A PARTY HERETO RELATING TO COMMISSIONS UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL OF COMMISSIONS PAID AND PAYABLE TO MARKETER BY DENTALPLANS OR BY MARKETER TO DENTALPLANS, PLUS INTEREST, DURING THE TERM OF THIS AGREEMENT. WITH THE EXCEPTION OF A PARTY'S INDEMNIFICATION OBLIGATIONS, DENTALPLANS SHALL NOT BE LIABLE TO ANY THIRD PARTY FOR ACTS OR CONDUCT OF THE DIRECT OR INDIRECT OWNERS OF WELLWINKMARKETER, OR THEIR RESPECTIVE OFFICERSFOR ANY CONSEQUENTIAL, DIRECTORSEXEMPLARY, STOCKHOLDERS, AGENTS, AND EMPLOYEES, OR ANY LICENSORS OF WELLWINK SHALL HAVE ANY LIABILITY WHATSOEVER FOR INSTANCES INCLUDING BUT NOT LIMITED TO ANY LOSS OR CORRUPTION OF DATA, ANY INABILITY TO RECORD OR ACCESS DATA, ANY FAILURE TO RESTORE DATA, OR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, LOST PROFITS, REVENUES OR GOODWILLBUSINESS INTERRUPTION, LOSS OF USE, PROGRAMS OR LOSS OF INFORMATION OR OTHER DATA, OR FROM INCREASED EXPENSES OR COSTS, FORESEEABLE OR UNFORESEEABLE, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WELLWINK HAS BEEN APPRISED ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING OR CLAIM. HOWEVER, IN THE EVENT THAT MAY BE INCURRED OR SUFFERED BY THE LICENSEE OR ANY OTHER PERSON FROM THE USE OR INABILITY TO USE THE PROGRAMS AND SERVICES WHETHER UNDER THE LAWS MARKETER, THROUGH MARKETER’S BREACH OF CONTRACTTHIS AGREEMENT, STRICT LIABILITY, TORT OR OTHERWISE, ARISING FROM THOSE AND/OR OTHER CAUSES. WELLWINK DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES ACTIVITIES AND/OR CONDUCT, CAUSE DAMAGE TO DENTALPLANS’ ONGOING BUSINESS CONCERNS THAT RESULT IN DAMAGES TO DENTALPLANS THAT ARE NON-RELATED TO OR MEASURED BY TELECOMMUNICATION SERVICE PROVIDERS OR THE PROGRAMS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, OUR AGGREGATE LIABILITY COMMISSIONS UNDER THIS AGREEMENT, REGARDLESS OF THEORY OF LIABILITY, MARKETER SHALL BE LIMITED TO THE AGGREGATE FEES ACTUALLY PAID BY YOU UNDER THIS AGREEMENT LIABLE FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIMFULL EXTENT OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA.

Limitation of Liabilities. IT IS EXPRESSLY AGREED THAT IN NO EVENT WELLWINK OR ANY EXCEPT FOR A BREACH OF THE DIRECT OR INDIRECT OWNERS OF WELLWINKARTICLE 6, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, AGENTS, AND EMPLOYEESCLAIMS OF A THIRD PARTY THAT ARE SUBJECT TO INDEMNIFICATION UNDER ARTICLE 10, OR ANY LICENSORS FOR THE NEGLIGENCE OR WILLFUL MISCONDUCT OF WELLWINK A PARTY, NEITHER PARTY SHALL HAVE ANY LIABILITY WHATSOEVER FOR INSTANCES INCLUDING BUT NOT LIMITED BE LIABLE TO THE OTHER PARTY WITH RESPECT TO ANY LOSS SUBJECT MATTER OF THIS AGREEMENT, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR CORRUPTION OF DATAOTHER LEGAL OR EQUITABLE THEORY, FOR ANY INABILITY TO RECORD OR ACCESS DATA, ANY FAILURE TO RESTORE DATA, OR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY SPECIAL, EXEMPLARY, PUNITIVE, MULTIPLE, OR PUNITIVE CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO, LOSS OF LOST PROFITS, REVENUES OR GOODWILL, LOSS OF USE, DAMAGE TO GOODWILL, OR LOSS OF INFORMATION BUSINESS). LICENSOR WILL NOT BE LIABLE TO LICENSEE, ITS SUCCESSORS OR DATAASSIGNS, OR ANY THIRD PARTY WITH RESPECT TO ANY CLAIM ARISING FROM INCREASED EXPENSES OR COSTSLICENSEE’S USE OF THE LICENSED PATENTS, FORESEEABLE OR UNFORESEEABLEMATERIALS, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITYTECHNICAL INFORMATION, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WELLWINK HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING THAT MAY BE INCURRED OR SUFFERED BY THE LICENSEE OR ANY OTHER PERSON FROM THE USE OR INABILITY TO USE THE PROGRAMS AND SERVICES WHETHER UNDER THE LAWS OF CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE, ARISING FROM THOSE OR OTHER CAUSES. WELLWINK DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR THE PROGRAMS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THEORY OF LIABILITY, SHALL BE LIMITED TO THE AGGREGATE FEES ACTUALLY PAID BY YOU TECHNOLOGY LICENSED UNDER THIS AGREEMENT ARISING FROM THE DEVELOPMENT, TESTING, MANUFACTURE, USE OR SALE OF ENHANCED PRODUCTS; OR FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE LOST PROFITS, BUSINESS INTERRUPTION, OR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EXCEPT TO THE CLAIMEXTENT ARISING FROM THE NEGLIGENCE OR WILLFUL MISCONDUCT OF LICENSOR.

Limitation of Liabilities. IT IS (a) EXCEPT AS OTHERWISE EXPRESSLY AGREED THAT PROVIDED HEREIN, DESTINEER AND ITS AFFILIATES MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, CONCERNING THE SKYTEL SERVICES, THE SKYTEL NETWORK OR THE ANCILLARY SERVICES, AND HEREBY EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. UNDER NO CIRCUMSTANCES SHALL DESTINEER OR ITS AFFILIATES BE LIABLE TO RESELLER OR ANY OTHER PERSON, INCLUDING, WITHOUT LIMITATION, SUBSCRIBERS, FOR (i) ANY LOSS, INJURY OR DAMAGE, OF WHATEVER KIND OR NATURE RESULTING FROM OR ARISING OUT OF ANY MISTAKES, ERRORS, OMISSIONS, DELAYS, OR INTERRUPTIONS IN THE RECEIPT, TRANSMISSION, OR STORAGE OF ANY MESSAGES, SIGNALS OR INFORMATION ARISING OUT OF OR IN CONNECTION WITH THE SKYTEL SERVICES OR USE OF THE SKYTEL NETWORK, OR (ii) THE CONTENT OF ANY INFORMATION CONTAINED IN ANY MESSAGE TRANSMISSION OVER THE SKYTEL NETWORK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WELLWINK SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY OF THE DIRECT OR INDIRECT OWNERS OF WELLWINKOTHER PERSON, OR THEIR RESPECTIVE OFFICERSINCLUDING, DIRECTORSWITHOUT LIMITATION, STOCKHOLDERSSUBSCRIBERS, AGENTS, AND EMPLOYEES, OR ANY LICENSORS OF WELLWINK SHALL HAVE ANY LIABILITY WHATSOEVER FOR INSTANCES INCLUDING BUT NOT LIMITED TO ANY LOSS OR CORRUPTION OF DATA, ANY INABILITY TO RECORD OR ACCESS DATA, ANY FAILURE TO RESTORE DATA, OR ANY SPECIAL, CONSEQUENTIALINDIRECT, INCIDENTAL, INDIRECTOR SPECIAL DAMAGES, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF LOST PROFITS, REVENUES OR GOODWILL, LOSS OF USE, OR LOSS OF INFORMATION OR DATA, OR FROM INCREASED EXPENSES OR COSTS, FORESEEABLE OR UNFORESEEABLE, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITYLOST SAVINGS, OR ANY OTHER THEORY FORM OF LIABILITYCONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION, EVEN IF WELLWINK SUCH PARTY HAS BEEN APPRISED ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING THAT MAY BE INCURRED OR SUFFERED BY THE LICENSEE OR ANY OTHER PERSON FROM THE USE OR INABILITY TO USE THE PROGRAMS AND SERVICES DAMAGES, WHETHER UNDER THE LAWS OF CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE, ARISING FROM THOSE OR OTHER CAUSES. WELLWINK DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR THE PROGRAMS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT, REGARDLESS BREACH OF THEORY OF LIABILITY, SHALL BE LIMITED TO THE AGGREGATE FEES ACTUALLY PAID BY YOU ITS OBLIGATIONS UNDER THIS AGREEMENT FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIMOR OTHERWISE.