Common use of Disclaimer; Limitation of Liability Clause in Contracts

Disclaimer; Limitation of Liability. CONTRACTOR REPRESENTS THAT ANY INFORMATION OR INTELLECTUAL PROPERTY FURNISHED IN CONNECTION WITH THIS CONTRACT SHALL BE TRUE AND ACCURATE TO THE BEST OF ITS KNOWLEDGE AND BELIEF, BUT CONTRACTOR SHALL NOT BE HELD TO ANY LIABILITY FOR UNINTENTIONAL ERRORS OR OMISSIONS THEREIN. EXCEPT AS EXPRESSLY PROVIDED, CONTRACTOR MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSLY OR IMPLIEDLY. BY WAY OF EXAMPLE, BUT NOT OF LIMITATION, CONTRACTOR AND ITS PARENT COMPANY AND AFFILIATES MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF INFORMATION OR INTELLECTUAL PROPERTY DISCLOSED OR PROVIDED HEREUNDER WILL NOT INFRINGE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT OF A THIRD PARTY. EXCEPT AS OTHERWISE PROVIDED IN THIS CONTRACT, CONTRACTOR AND ITS PARENT AND AFFILIATES SHALL NOT BE HELD TO ANY LIABILITY WITH RESPECT TO ANY CLAIM BY PURCHASER OR ANY THIRD PARTY CLAIM AGAINST PURCHASER ON ACCOUNT OF, OR ARISING FROM, PURCHASER'S USE OF INFORMATION OR INTELLECTUAL PROPERTY DISCLOSED OR PROVIDED BY CONTRACTOR.

Disclaimer; Limitation of Liability. CONTRACTOR REPRESENTS THAT ANY INFORMATION OR INTELLECTUAL PROPERTY FURNISHED IN CONNECTION WITH THIS CONTRACT SHALL BE TRUE AND ACCURATE TO THE BEST OF ITS KNOWLEDGE AND BELIEF, BUT CONTRACTOR SHALL NOT BE HELD TO ANY LIABILITY FOR UNINTENTIONAL ERRORS OR OMISSIONS THEREIN. EXCEPT AS EXPRESSLY PROVIDED, CONTRACTOR CIM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSLY EXPRESS OR IMPLIEDLY. BY WAY OF EXAMPLEIMPLIED, BUT NOT OF LIMITATION, CONTRACTOR AND ITS PARENT COMPANY AND AFFILIATES MAKES CIM SHALL HAVE NO REPRESENTATIONS LIABILITY OR WARRANTIES OF MERCHANTABILITY RESPONSIBILITY TO ADVERTISER OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF INFORMATION OR INTELLECTUAL PROPERTY DISCLOSED OR PROVIDED HEREUNDER WILL NOT INFRINGE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT OF A THIRD PARTY. EXCEPT AS OTHERWISE PROVIDED IN THIS CONTRACT, CONTRACTOR AND ITS PARENT AND AFFILIATES SHALL NOT BE HELD TO ANY LIABILITY PERSON WITH RESPECT TO ANY CLAIM LIABILITY, LOSS OR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR SPECIAL OR CONSEQUENTIAL DAMAGES, CAUSED BY PURCHASER OR ANY THIRD PARTY CLAIM AGAINST PURCHASER ON ACCOUNT ARISING OUT OF, EITHER DIRECTLY OR INDIRECTLY, ANY BREACH BY CIM OF ANY OF THE TERMS OF THIS AGREEMENT, OR IN ANY MANNER ARISING FROMOUT OF OR IN CONNECTION WITH ANY ADVERTISEMENT OR OTHER MATERIAL DISPLAYED ON CIM'S OR ADVERTISER'S SITE(S), PURCHASERTHE MANNER IN WHICH ANY MATERIAL IS DISPLAYED ON CIM'S USE OR ADVERTISER'S SITE(S), OR THE FAILURE TO DISPLAY ANY ADVERTISEMENT OR OTHER MATERIAL ON CIM'S OR ADVERTISER'S SITE(S). SPECIFICALLY, AND WITHOUT IN ANY WAY LIMITING THE FOREGOING, CIM DOES NOT REPRESENT OR WARRANT THAT ANY ADVERTISEMENT(S) OR OTHER MATERIAL WILL BE DISPLAYED ON CIM'S OR ADVERTISER'S SITE WITHOUT INTERRUPTION OR ERROR. CIM'S LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNT PAID TO IT BY ADVERTISER UNDER THIS AGREEMENT OR PLACEMENT OF INFORMATION OR INTELLECTUAL PROPERTY DISCLOSED OR PROVIDED BY CONTRACTORTHE ADVERTISEMENT AT A LATER TIME IN A COMPARABLE POSITION.

Disclaimer; Limitation of Liability. CONTRACTOR REPRESENTS THAT ANY INFORMATION OR INTELLECTUAL PROPERTY FURNISHED IN CONNECTION WITH THIS CONTRACT SHALL BE TRUE AND ACCURATE TO THE BEST OF ITS KNOWLEDGE AND BELIEF, BUT CONTRACTOR SHALL NOT BE HELD TO ANY LIABILITY FOR UNINTENTIONAL ERRORS OR OMISSIONS THEREIN. EXCEPT AS EXPRESSLY PROVIDEDPROVIDED IN THIS AGREEMENT, CONTRACTOR RIGHTS HOLDER IS PROVIDING THE RIGHTS HOLDER TECHNOLOGY “AS IS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY MAKES NO REPRESENTATIONS ANY REPRESENTATIONS, EXTENDS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR WARRANTIESIMPLIED, EXPRESSLY OR IMPLIEDLY. BY WAY OF EXAMPLEINCLUDING, BUT NOT OF WITHOUT LIMITATION, CONTRACTOR AND ITS PARENT COMPANY AND AFFILIATES MAKES NO REPRESENTATIONS OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, PURPOSE OR THAT THE USE OF INFORMATION NON-INFRINGEMENT OR INTELLECTUAL PROPERTY DISCLOSED OR PROVIDED HEREUNDER WILL NOT INFRINGE ASSUMES ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT OF A THIRD PARTY. EXCEPT AS OTHERWISE PROVIDED IN THIS CONTRACT, CONTRACTOR AND ITS PARENT AND AFFILIATES SHALL NOT BE HELD TO ANY LIABILITY RESPONSIBILITIES WHATSOEVER WITH RESPECT TO ANY CLAIM BY PURCHASER OR ANY THIRD PARTY CLAIM AGAINST PURCHASER ON ACCOUNT OFUSE, SALE, OR ARISING FROMOTHER DISPOSITION OF LICENSED PRODUCTS INCORPORATING OR MADE BY USE OR PRACTICE OF THE RIGHTS HOLDER TECHNOLOGY. WITH THE EXCEPTION OF DAMAGES ATTRIBUTABLE TO A PARTY’S BREACH OF SECTION 7.1, PURCHASER'S USE FRAUD, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, IN NO EVENT WILL EITHER PARTY, OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES OF INFORMATION ANY KIND, WHETHER GROUNDED IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, CONTRACT OR INTELLECTUAL PROPERTY DISCLOSED OR PROVIDED BY CONTRACTOROTHERWISE.

Disclaimer; Limitation of Liability. CONTRACTOR REPRESENTS THAT ANY INFORMATION (a) EXCEPT AS SET FORTH IN SECTION 3, PROVIDER MAKES NO EXPRESS OR INTELLECTUAL PROPERTY FURNISHED IN CONNECTION WITH THIS CONTRACT SHALL BE TRUE AND ACCURATE IMPLIED REPRESENTATIONS, WARRANTIES OR GUARANTEES RELATING TO THE BEST OF ITS KNOWLEDGE SERVICES PROVIDED HEREUNDER, AND BELIEF, BUT CONTRACTOR SHALL NOT BE HELD TO ANY LIABILITY FOR UNINTENTIONAL ERRORS OR OMISSIONS THEREIN. EXCEPT AS PROVIDER EXPRESSLY PROVIDED, CONTRACTOR MAKES NO REPRESENTATIONS OR DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES, EXPRESSLY OR IMPLIEDLY. BY WAY OF EXAMPLE, BUT NOT OF LIMITATION, CONTRACTOR AND ITS PARENT COMPANY AND AFFILIATES MAKES NO REPRESENTATIONS OR INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. UNLESS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, ALL SERVICES PROVIDED BY PROVIDER HEREUNDER ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS WITHOUT WARRANTY OF ANY KIND. (b) Provider may rely conclusively on, and will have no liability to Recipient or any of its Affiliates for acting in accordance with, any notice which Recipient, its Affiliates or those acting on their behalf provides to Provider in connection with the performance of the Services. (c) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NO PARTY HERETO SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME) EXCEPT TO THE EXTENT THAT THE USE OF INFORMATION OR INTELLECTUAL PROPERTY DISCLOSED OR PROVIDED HEREUNDER WILL NOT INFRINGE OTHER PARTY IS REQUIRED TO PAY ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT OF SUCH AMOUNTS TO A THIRD PARTY, IN EACH CASE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR ANY OF THE SERVICES PROVIDED HEREUNDER (INCLUDING DELIVERABLES ASSOCIATED THEREWITH), INCLUDING PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR THE FURNISHING, PERFORMANCE, OR USE OF ANY GOODS OR SERVICES SOLD OR PERFORMED PURSUANT HERETO, WHETHER BASED UPON AN ACTION OR CLAIM IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), BREACH OF WARRANTY, OR OTHERWISE, EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF SUCH PARTY OR ITS AFFILIATES OR REPRESENTATIVES. FURTHER, EXCEPT AS OTHERWISE PROVIDED FOR A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE LIABILITY OF SUCH PARTY TO THE OTHER PARTY AND/OR ITS AFFILIATES FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH PROVIDING THE SERVICES HEREUNDER SHALL NOT EXCEED THE TOTAL AMOUNT BILLED OR BILLABLE TO SUCH PARTY UNDER THIS AGREEMENT. FOR THE AVOIDANCE OF DOUBT, THE LIMITATIONS SET FORTH IN THIS CONTRACT, CONTRACTOR AND ITS PARENT AND AFFILIATES PARAGRAPH 8(C) SHALL NOT BE HELD APPLY TO ANY LIABILITY AMOUNTS OWED ON THE SUBJECT CREDIT CARDS (AS DEFINED IN SCHEDULE A) WITH RESPECT TO ANY CLAIM BY PURCHASER OR ANY COSTS INCURRED DURING THE TRANSITION PERIOD, WHICH SHALL BE THE RESPONSIBILITY OF BUYER. (d) BUYER SHALL ASSUME ALL LIABILITY FOR AND SHALL FURTHER RELEASE, DEFEND, INDEMNIFY AND HOLD DXXX XXXXXX (THE “RELEASED INDIVIDUAL”) FREE AND HARMLESS FROM AND AGAINST ALL CLAIMS OF BUYER AND ITS AFFILIATES AND OF THIRD PARTY CLAIM AGAINST PURCHASER ON ACCOUNT OF, OR ARISING PARTIES (OTHER THAN PARENT AND ITS AFFILIATES) (AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) RESULTING FROM, PURCHASER'S USE ARISING OUT OF INFORMATION OR INTELLECTUAL PROPERTY DISCLOSED OR RELATED TO THE SERVICES PROVIDED BY CONTRACTORDXXX XXXXXX PURSUANT TO ITEM 2 OF SCHEDULE A, HOWSOEVER ARISING AND WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF RELEASED INDIVIDUAL (“RELEASED CLAIMS”). Buyer, on behalf of itself and its Affiliates and their respective successors and assigns, agrees that it shall not seek to recover any amounts in connection with a Released Claim from the Released Individual or Parent or any of its Affiliates and shall not institute any claim, action or proceeding against the Released Individual or Parent or any of its Affiliates with respect to the Released Claims.

Disclaimer; Limitation of Liability. CONTRACTOR REPRESENTS THAT REL DELIVERS THE LICENSED SOFTWARE TO LICENSEE “AS IS” AND REL HEREBY DISCLAIMS ANY INFORMATION AND ALL WARRANTIES, REPRESENTATIONS OR INTELLECTUAL PROPERTY FURNISHED IN CONNECTION GUARANTEES, EITHER EXPRESS OR IMPLIED, WITH THIS CONTRACT SHALL BE TRUE AND ACCURATE RESPECT TO THE BEST OF ITS KNOWLEDGE AND BELIEFSOFTWARE PACKAGE OR ANY PART THEREOF, BUT CONTRACTOR SHALL NOT BE HELD TO ANY LIABILITY FOR UNINTENTIONAL ERRORS OR OMISSIONS THEREIN. EXCEPT AS EXPRESSLY PROVIDED, CONTRACTOR MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSLY OR IMPLIEDLY. BY WAY OF EXAMPLE, INCLUDING BUT NOT OF LIMITATION, CONTRACTOR AND ITS PARENT COMPANY AND AFFILIATES MAKES NO REPRESENTATIONS OR LIMITED TO WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, EFFICIENCY, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSECOMPLETENESS. IN ADDITION, REL EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT THE SOFTWARE PACKAGE OR USE OF INFORMATION OR INTELLECTUAL PROPERTY DISCLOSED OR PROVIDED HEREUNDER THEREOF WILL NOT INFRINGE ANY PATENT OR OTHER THIRD PARTY’S INTELLECTUAL PROPERTY RIGHT OF A THIRD PARTYRIGHTS. EXCEPT AS OTHERWISE PROVIDED REL FURTHER DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT (i) LICENSED SOFTWARE WILL OPERATE CORRECTLY, WHEN USED IN THIS CONTRACTCOMBINATION WITH LICENSEE’S PROGRAM AND ANY EQUIPMENT, CONTRACTOR DEVICE OR PROGRAM CHOSEN BY LICENSEE; AND ITS PARENT THAT (ii) LICENSED SOFTWARE WILL BE FIT FOR LICENSEE’S ANY PARTICULAR PURPOSE. THE WARRANTIES STATED HEREIN ARE THE SOLE AND AFFILIATES SHALL NOT BE THE EXCLUSIVE WARRANTIES OFFERED BY REL, INCLUDING STATUTORY RESPONSIBILITY HELD BY REL RELATED TO ANY LIABILITY WITH RESPECT TO ANY CLAIM BY PURCHASER OR ANY THIRD PARTY CLAIM AGAINST PURCHASER ON ACCOUNT OF, OR ARISING FROM, PURCHASER'S USE OF INFORMATION OR INTELLECTUAL PROPERTY DISCLOSED OR PROVIDED BY CONTRACTORDEFECT WARRANTY.

Disclaimer; Limitation of Liability. CONTRACTOR REPRESENTS THAT NO INDEMNITY BY CAA ATLANTIC a) The License is granted pursuant to these rules is on a strictly “as is” basis in all respects. Access to the Hackathon Content is solely at the risk of the Participant, including without limitation the risk that the Hackathon Content is inaccurate or incomplete, or that the Hackathon Content and the transmission thereof may be corrupted or contain viruses, bugs or other defects. b) ANY INFORMATION ATTEMPT BY AN INDIVIDUAL OR INTELLECTUAL PROPERTY FURNISHED IN CONNECTION ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTRACT SHALL HACKATHON OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS HACKATHON MAY BE TRUE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, CAA ATLANTIC RESERVES THE RIGHT TO SEEK REMEDIES AND ACCURATE DAMAGES TO THE BEST OF ITS KNOWLEDGE FULLEST EXTENT PERMITTED BY LAW AND BELIEF, BUT CONTRACTOR SHALL NOT BE HELD TO ANY LIABILITY FOR UNINTENTIONAL ERRORS BAN OR OMISSIONS THEREIN. EXCEPT AS EXPRESSLY PROVIDED, CONTRACTOR DISQUALIFY AN ENTRANT FROM THIS AND FUTURE HACKATHONS. c) CAA ATLANTIC MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSLY CONDITIONS OR IMPLIEDLY. BY WAY REPRESENTATIONS, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING ANY WARRANTY OF EXAMPLEMERCHANTABILITY, BUT NOT OF LIMITATIONNON-INFRINGEMENT, CONTRACTOR AND ITS PARENT COMPANY AND AFFILIATES MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OWNERSHIP, ACCURACY, COMPLETENESS, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT AND CAA ATLANTIC DISCLAIMS ANY RESPONSIBILITY REGARDING THE USE OPERATION OF INFORMATION OR INTELLECTUAL PROPERTY DISCLOSED OR PROVIDED HEREUNDER WILL NOT INFRINGE CAA ATLANTIC AND THE ACCURACY OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT OF A THIRD PARTY. EXCEPT AS OTHERWISE PROVIDED IN THIS CONTRACT, CONTRACTOR AND ITS PARENT AND AFFILIATES SHALL NOT BE HELD TO ANY LIABILITY WITH RESPECT TO ANY CLAIM BY PURCHASER OR ANY THIRD PARTY CLAIM AGAINST PURCHASER ON ACCOUNT OFALL CONTENT, OR ARISING FROMTHEIR SUITABILITY FOR THE PURPOSES OF THE PARTICIPANT. d) To the extent permitted by law, PURCHASER'S USE OF INFORMATION OR INTELLECTUAL PROPERTY DISCLOSED OR PROVIDED BY CONTRACTORin no event shall CAA Atlantic and its affiliates (including, without limitation, any related or subsidiary companies), advertising and promotional agencies, suppliers of materials or services, and all of their respective shareholders, directors, officers, employees and agents (collectively, the “Releasees”) be liable for any indirect, special, incidental, consequential or punitive damages, including but not limited to those for business interruption or loss of profits, even if the Releasees have been notified of the possibility of such damage. e) The Releasees do not assume any responsibility for, and by entering, Participants release the Releasees from any and all claims, actions, damages, demands and liabilities of whatever nature or kind arising out of, or in connection with participation or attempted participation in the Hackathon, including, without limitation the administration of the Hackathon, the Entry, commercialization of an Entry, or the selection of a winner. f) Without limiting the generality of the forgoing, the Releasees are not responsible for: i) the incorrect or inaccurate capture of an Entry, or any component thereof; ii) late, lost, stolen, illegible, damaged, misdirected, mutilated, garbled or incomplete Entries, Entries that are altered or otherwise irregular, have been submitted through illicit means or do not conform with or satisfy any or all of the conditions of these rules; iii) any loss, damage, or claims caused by the Hackathon itself; iv) any problems arising at the Hackathon venue and/or any failure of any website connected to the Hackathon, including, without limitation, any problems, human or technical, printing errors, lost, delayed, garbled data or transmissions, omissions, interruptions, deletions, defects or failures of any electrical outlets, telephone or computer lines, technical malfunctions of any computer online systems, servers, access providers, computer equipment, software, failure of any Entry to be received on account of technical or other problems, or any combination thereof including, without limitation, any injury or damage to an individual’s or any other person's computer related to or resulting from participating in or downloading any material connected to the Hackathon, all of which may affect a person's ability to participate in the Hackathon; v) any errors, omissions, incorrect or inaccurate information in any Hackathon-related materials, including, without limitation, printing or advertising errors or failure of, or problems with any equipment or programming associated with or used in the Hackathon howsoever caused; vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer “hackers” or otherwise; vii) any claims regarding the accepting, arranging, awarding, and declaration of the winner; or viii) any claims in any way related to the publication of an Entry, including without limitation any loss of rights associated therewith. Entries, Entry material/data that has been tampered with or altered is void. g) Participants shall not at any time assert any claim that the Releasees have unlawfully or improperly used any of the Participant’s ideas, and hereby release Releasees from any and all liability in connection therewith. h) CAA Atlantic’s maximum liability arising from any and all claims in connection with the Hackathon shall not exceed $100. i) Participants shall indemnify and hold CAA Atlantic harmless from any claims, demands, damages, liabilities and costs (including legal fees) asserted by any third party relating in any way to breach of the foregoing.

Disclaimer; Limitation of Liability. CONTRACTOR REPRESENTS THAT ANY INFORMATION OR INTELLECTUAL PROPERTY FURNISHED IN CONNECTION WITH THIS CONTRACT SHALL BE TRUE AND ACCURATE TO THE BEST OF ITS KNOWLEDGE AND BELIEF, BUT CONTRACTOR SHALL NOT BE HELD TO ANY LIABILITY FOR UNINTENTIONAL ERRORS OR OMISSIONS THEREIN. EXCEPT AS EXPRESSLY PROVIDEDPROVIDED HEREIN, CONTRACTOR MAKES NO REPRESENTATIONS LICENSED PROPERTIES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR WARRANTIESIMPLIED, EXPRESSLY OR IMPLIEDLY. BY WAY OF EXAMPLEINCLUDING, BUT NOT OF LIMITATIONLIMITED TO, CONTRACTOR AND ITS PARENT COMPANY AND AFFILIATES MAKES NO REPRESENTATIONS OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF INFORMATION OR INTELLECTUAL PROPERTY DISCLOSED OR PROVIDED HEREUNDER WILL NOT INFRINGE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT OF A THIRD PARTY. EXCEPT AS OTHERWISE PROVIDED IN THIS CONTRACT, CONTRACTOR AND ITS PARENT AND AFFILIATES SUBLICENSOR SHALL NOT BE HELD TO LIABLE FOR ANY LIABILITY WITH RESPECT TO ANY CLAIM BY PURCHASER OR ANY THIRD PARTY CLAIM AGAINST PURCHASER ON ACCOUNT OFINDIRECT, SPECIAL, INCIDENTAL, OR ARISING FROMCONSEQUENTIAL DAMAGES OF ANY KIND HOWEVER CAUSED, PURCHASER'S WHETHER FOR BREACH OF WARRANTY, BREACH OR REPUDIATION OF CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EVEN IF THE PARTY AGAINST WHOM DAMAGES ARE CLAIMED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. IN NO EVENT SHALL SUBLICENSOR BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, OR FOR LOSS OF DATA OR USE OF INFORMATION OR DATA. IN NO EVENT SHALL SUBLICENSOR’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING HEREUNDER. APART FROM DAMAGE TO SUBLICENSOR CAUSED BY AN INFRINGEMENT BY SUBLICENSEE OF SUBLICENSOR’S INTELLECTUAL PROPERTY DISCLOSED RIGHTS, IN NO EVENT SHALL EITHER PARTY’S LIABILITY TO THE OTHER UNDER OR PROVIDED BY CONTRACTORARISING OUT OF THIS AGREEMENT EXCEED TWO HUNDRED THOUSAND DOLLARS.