Common use of Disclaimer of Liability Clause in Contracts

Disclaimer of Liability. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, OR USE OF THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. APPLE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND/OR ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR APPLE’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF APPLE HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Disclaimer of Liability. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTINGNONE OF LICENSOR, INSTALLATIONLICENSOR’S THIRD PARTY SERVICE PROVIDERS, NOR ANY PERSON OR USE ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER THIS AGREEMENT“LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED FOR INFORMATION OR MATERIALS INCLUDED IN THE USE GAME OR IN RESPECT OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND PERIPHERALS, AND GAMES FITNESS FOR ANY DAMAGE INTENDED PURPOSE. DUE TO ANY EQUIPMENTVARIATIONS IN HARDWARE, SOFTWARE, INFORMATION INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR DATAGAMING UNIT. APPLE LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGESDAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT CONTRACT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF WHETHER OR RELATED TO THIS AGREEMENT, INCLUDING NOT ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND/OR ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR APPLE’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF APPLE LICENSOR PARTY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLE'S TOTAL LICENSOR’S LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN EXCEPT AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURYLAW) EXCEED THE AMOUNT ACTUAL PRICE PAID BY YOU FOR USE OF FIFTY DOLLARS ($50.00)THE GAME. BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE FOREGOING LIMITATIONS WILL APPLY EVEN IF EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE STATED REMEDY FAILS LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF ITS ESSENTIAL PURPOSELIABILITY MAY NOT APPLY TO YOU.

Disclaimer of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, OR USE OF THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND COMPUTER, DEVICES AND/OR PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. , AND IN NO EVENT WILL APPLE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE COMPUTER, DEVICES AND/OR ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR APPLE’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF APPLE HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLE'S ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Disclaimer of Liability. YOU ASSUME ALL RISKS SERVICES AND WELBILT MATERIALS ARE PROVIDED “AS IS” AND WITH ALL FAULTS. WELBILT SPECIFICALLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT, AND ALL COSTS ASSOCIATED WITH TESTINGWARRANTIES ARISING FROM COURSE OF DEALING, INSTALLATIONUSAGE, OR USE TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, WELBILT MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES OR WELBILT MATERIALS, OR RESULTS OF THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER THIS AGREEMENTUSE THEREOF, INCLUDINGWILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE ERROR FREE OR WITHOUT LIMITATIONINTERRUPTION, ACHIEVE ANY CARRIER BILLSINTENDED RESULT, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND PERIPHERALS, AND BE COMPATIBLE OR WORK WITH ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION SYSTEM, OR DATAOTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, OR FREE OF HARMFUL CODE. APPLE IN NO EVENT WILL NOT WELBILT, ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY INDIRECTUSE, SPECIALINTERRUPTION, INCIDENTAL DELAY, OR CONSEQUENTIAL DAMAGESINABILITY TO USE THE SERVICES, WHETHER ARISING THE SERVICE COMPONENTS, OR ANY OTHER WELBILT MATERIALS. IN NO EVENT WILL WELBILT OR ANY OF ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), CONTRACT OR STRICT LIABILITY, AND OTHERWISE, ARISING OUT FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR RELATED TO THIS AGREEMENTPROFIT OR DIMINUTION IN VALUE; (b) LOSS, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE DAMAGE, CORRUPTION, OR RECOVERY OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND/DATA, OR ANY PERIPHERALS CONNECTED THERETOBREACH OF DATA OR SYSTEM SECURITY; (c) COST OF REPLACEMENT GOODS OR SERVICES; (d) LOSS OF GOODWILL OR REPUTATION; OR (e) CONSEQUENTIAL, AND/INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR FROM ANY OTHER CONFIDENTIAL INFORMATIONPUNITIVE DAMAGES, AND/OR APPLE’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF APPLE HAS BEEN REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLE'S TOTAL LIABILITY TO YOU FOR ALL LOSSES OR DAMAGES (OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Disclaimer of Liability. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTINGNONE OF LICENSOR, INSTALLATIONLICENSOR’S THIRD PARTY SERVICE PROVIDERS, NOR ANY PERSON OR USE ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER THIS AGREEMENT“ LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE, AS TO THE ACCURACY, RELIABILITY, QUALITY, OR CONTENT OF ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED FOR INFORMATION OR MATERIALS INCLUDED IN THE USE GAME OR IN RESPECT OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND PERIPHERALS, AND GAMES FITNESS FOR ANY DAMAGE INTENDED PURPOSE. DUE TO ANY EQUIPMENTVARIATIONS IN HARDWARE, SOFTWARE, INFORMATION INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE GAME ON YOUR SPECIFIC COMPUTER OR DATAGAMING UNIT. APPLE LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME; THAT THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGESDAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS, OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT CONTRACT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF WHETHER OR RELATED TO THIS AGREEMENT, INCLUDING NOT ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND/OR ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR APPLE’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF APPLE LICENSOR PARTY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLE'S TOTAL LICENSOR’S LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN EXCEPT AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURYLAW) EXCEED THE AMOUNT ACTUAL PRICE PAID BY YOU FOR USE OF FIFTY DOLLARS ($50.00)THE GAME. BECAUSE SOME STATES/PROVINCES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE FOREGOING LIMITATIONS WILL APPLY EVEN IF EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE STATED REMEDY FAILS LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF ITS ESSENTIAL PURPOSELIABILITY MAY NOT APPLY TO YOU.

Disclaimer of Liability. YOU ASSUME ALL RISKS EXCEPT FOR ANY DIRECT LOSS OR DAMAGE INCURRED BY COMPANY AS A RESULT OF THE WILLFUL OR WANTON BREACH OF THIS AGREEMENT BY CME, NEITHER CME NOR ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, CONSULTANTS OR LICENSORS SHALL BE LIABLE IN ANY WAY TO COMPANY OR TO ANY OTHER PERSON OR ENTITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS AND ALL COSTS ASSOCIATED LOSS OF USE) INCURRED BY COMPANY OR ANY OTHER PERSON OR THIRD PARTY ARISING FROM: (A) THE USE OR PERFORMANCE OF THE CERTIFICATION ENVIRONMENT, THE CME INTERFACES, THE CME MATERIALS, THE CUSTOMER INTERFACE, OR THE EQUIPMENT; (B) THE SUSPENSION, TERMINATION OR INABILITY TO USE OR ACCESS THE CERTIFICATION ENVIRONMENT, THE CME INTERFACES, THE CME MATERIALS, THE CUSTOMER INTERFACE, OR THE EQUIPMENT, OR ANY INACCURACIES OR OMISSIONS IN ANY INFORMATION PROVIDED BY CME, HOWEVER SUCH SUSPENSIONS, TERMINATIONS, MALFUNCTIONS, INACCURACIES OR OMISSIONS MAY ARISE; (C) ANY OTHER CAUSE IN CONNECTION WITH TESTINGTHE FURNISHING, INSTALLATIONPERFORMANCE, MAINTENANCE OR USE OF THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, OR INABILITY TO USE ALL OR ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE PART OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARETHE CERTIFICATION ENVIRONMENT, INFORMATION THE CUSTOMER INTERFACE, THE CME MATERIALS, OR DATA. APPLE WILL NOT BE LIABLE FOR THE CME INTERFACES; OR (D) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING CONSULTING FEES INCURRED BY COMPANY IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF CONNECTION WITH THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND/OR ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR APPLE’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF APPLE HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS DEVELOPMENT OF ITS ESSENTIAL PURPOSECUSTOMER INTERFACE.

Disclaimer of Liability. IN PROVIDING THE SERVICE TO YOU, NEITHER WE NOR ANY OF OUR AFFILIATES, HOLDING COMPANIES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SERVICE PROVIDERS OR SUBCONTRACTORS, MAKES ANY EXPRESS WARRANTIES OR REPRESENTATIONS TO YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, OR USE OF RESPECT TO THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER SERVICE EXCEPT AS SET OUT IN THIS AGREEMENT, INCLUDINGAND ALL IMPLIED AND STATUTORY WARRANTIES AND REPRESENTATIONS, INCLUDING WITHOUT LIMITATIONLIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL WE OR ANY CARRIER BILLSOF OUR AFFILIATES, BACK-UP EXPENSESHOLDING COMPANIES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND PERIPHERALSSUBSIDIARIES, AND ANY DAMAGE TO ANY EQUIPMENTEMPLOYEES, SOFTWAREOFFICERS, INFORMATION DIRECTORS, AGENTS, SERVICE PROVIDERS OR DATA. APPLE WILL NOT SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING BASED ON NEGLIGENCE), WILFUL MISCONDUCT, TORT, CONTRACT OR OTHERWISEANY OTHER THEORY OF LAW, ARISING OUT OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF INCOME, FAILURE TO REALIZE EXPECTED REVENUES OR RELATED TO THIS AGREEMENTSAVINGS, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE LOSS OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND/PROFITS OR ANY PERIPHERALS CONNECTED THERETO, AND/ECONOMIC OR FROM PECUNIARY LOSS. WE FURTHER DISCLAIM ANY OTHER CONFIDENTIAL INFORMATION, AND/AND ALL LIABILITY FOR ANY GOODS OR APPLE’S PERFORMANCE SERVICES BOUGHT OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF APPLE HAS BEEN ADVISED OR IS AWARE OF SOLD BY YOU THAT ARE SETTLED THROUGH YOUR PARTICIPATION IN THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSESERVICE.

Disclaimer of Liability. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, OR USE OF THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS DOCUMENTATION ARE PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER THIS AGREEMENTAPPLICABLE LAW, INCLUDINGLICENSOR, WITHOUT LIMITATIONON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. APPLE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGESEXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE)EXPRESS, CONTRACT IMPLIED, STATUTORY, OR OTHERWISE, ARISING WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR RELATED TRADE PRACTICE. WITHOUT LIMITATION TO THIS AGREEMENTTHE FOREGOING, INCLUDING THE LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY LIABILITY KIND THAT STEMS FROM THE LICENSED SOFTWARE WILL MEET THE LICENSEE'S REQUIREMENTS, ACHIEVE ANY USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND/INTENDED RESULTS, BE COMPATIBLE, OR ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM WORK WITH ANY OTHER CONFIDENTIAL INFORMATIONSOFTWARE, AND/APPLICATIONS, SYSTEMS, OR APPLE’S SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENTRELIABILITY STANDARDS OR BE ERROR FREE, EVEN IF APPLE HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGESTHAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. IN NO EVENT SHALL APPLE'S TOTAL LIABILITY WILL LICENSOR OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE AMOUNT SOFTWARE. YOU ARE PROVIDED THE SOFTWARE PURSUANT TO THE SOFTWARE LICENSE AGREEMENT BETWEEN LICENSOR AND LICENSEE, SOLELY FOR THE BENEFIT OF FIFTY DOLLARS ($50.00)LICENSEE AND AT LICENSEE'S DISCRETION. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHTS UNDER THAT AGREEMENT INCLUDING ANY RIGHTS TO ENFORCE ANY OF ITS ESSENTIAL PURPOSETERMS. ANY OBLIGATION OR LIABILITY LICENSOR OR ITS AFFILIATES, OR ANY OF ITS OR THEIR LICENSORS OR SERVICE PROVIDERS, MAY HAVE WITH RESPECT TO YOUR USE OR INABILITY TO USE THE SOFTWARE SHALL BE SOLELY TO LICENSEE PURSUANT TO THAT AGREEMENT AND SUBJECT TO ALL LIMITATIONS OF LIABILITY SET FORTH THEREIN.

Disclaimer of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, OR USE OF THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS BETA MATERIALS PROVIDED UNDER THIS AGREEMENTTHESE BETA PROGRAM TERMS, INCLUDING, WITHOUT LIMITATION, ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE BETA GAME ON YOUR DEVICE AND PERIPHERALSHARDWARE, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. APPLE , AND IN NO EVENT WILL NOT BNEA BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENTTHESE BETA PROGRAM TERMS, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE SOFTWARE BETA GAME ON YOUR DEVICE HARDWARE AND/OR ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR APPLEBNEA’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENTTHESE BETA PROGRAM TERMS, EVEN IF APPLE BNEA HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLE'S BNEA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Disclaimer of Liability. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, OR USE OF THE PRE-PRE- RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND COMPUTER, DEVICES AND/OR PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. DATA TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL APPLE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE COMPUTER, DEVICES AND/OR ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR APPLE’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF APPLE HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Disclaimer of Liability. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, OR USE OF THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. APPLE WILL AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INDIRECTCOSTS, SPECIALFEES, INCIDENTAL LOSSES, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, DAMAGES OF ANY KIND ARISING OUT OF OR RELATED IN CONNECTION WITH: (A) ANY INACCURATE OR INCOMPLETE INFORMATION RECEIVED FROM ANOTHER FINANCIAL INSTITUTION, (B) THE FAILURE OF ANY INTERMEDIARY BANK OR YOUR THIRD PARTY’S BANK TO THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE CREDIT THE PAYEE’S ACCOUNT IN THE AMOUNT OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND/FUNDS TRANSFERRED AFTER RECEIPT OF SAME OR TO DEBIT THE SENDER’S ACCOUNT IN THE AMOUNT OF FUNDS TRANSFERRED AFTER RECEIPT OF A PAYMENT INSTRUCTION OR, (C) ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM CHARGES IMPOSED AND ANY OTHER CONFIDENTIAL INFORMATION, AND/OR APPLE’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF APPLE HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGESTRANSFER LIMITATIONS SET BY ANOTHER FINANCIAL INSTITUTION. IN NO EVENT SHALL APPLE'S TOTAL LIABILITY TO YOU THE BANK BE RESPONSIBLE FOR ALL ANY INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (OTHER THAN OR EXPENSE ARISING IN CONNECTION WITH YOUR PAYMENT SERVICE TRANSFER REQUEST. EXCEPT AS MAY BE REQUIRED EXPRESSLY SET FORTH IN THIS AGREEMENT, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PAYMENT SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED US FROM ANY FINANCIAL INSTITUTION HOLDING AN ACCOUNT FOR ANY THIRD PARTY OR THAT THE AMOUNT PAYMENT SERVICE WILL MEET ANY REQUIREMENTS OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSEANY USER, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

Disclaimer of Liability. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, OR USE OF THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER BY ACCEPTING THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CUSTOMER AGREES THAT ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED LIABILITY ON THE PART OF LIGHTING ANALYSTS SHALL BE LIMITED EXCLUSIVELY TO A MONETARY REFUND OF THE PURCHASE PRICE OF THE ACTIVE SUBSCRIPTION TERM FOR THE USE OF SPECIFIC SOFTWARE WHICH IS THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND PERIPHERALSSUBJECT MATTER AT ISSUE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. APPLE WILL LIGHTING ANALYSTS SHALL NOT BE LIABLE FOR ANY (A) SPECIAL, INDIRECT, SPECIALEXEMPLARY, INCIDENTAL INCIDENTAL, SPECULATIVE, THIRD PARTY, PUNITIVE, OR CONSEQUENTIAL DAMAGESDAMAGES WHATSOEVER, WHETHER INCLUDING LOSS OF PROFITS, OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING FROM OR RELATED TO A BREACH OF THIS AGREEMENT OR ANY ORDER OR THE OPERATION OR USE OF OR INABILITY TO USE THE SOFTWARE, MATERIALS, PAYMENT SERVICES AND/OR SERVICES OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR OTHERWISE, ARISING OUT BREACH OF OR RELATED TO THIS AGREEMENTWARRANTY OF LIGHTING ANALYSTS, INCLUDING ANY LIABILITY THAT STEMS SUCH DAMAGES, WITHOUT LIMITATION, AS DAMAGES ARISING FROM ANY USE LOSS OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND/DATA OR ANY PERIPHERALS CONNECTED THERETOPROGRAMMING, AND/LOSS OF REVENUE OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR APPLE’S PERFORMANCE OR PROFITS FAILURE TO PERFORM REALIZE SAVINGS OR OTHER BENEFITS, DAMAGE TO EQUIPMENT, AND CLAIMS AGAINST CUSTOMER BY ANY THIRD PERSON, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF THE WARRANTY OF LIGHTING ANALYSTS EVEN IF APPLE LIGHTING ANALYSTS HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLE'S TOTAL LIABILITY TO YOU FOR ALL , LOSS, OR CLAIM; (B) DAMAGES (OTHER REGARDLESS OF THEIR NATURE) FOR ANY DELAY OR FAILURE BY LIGHTING ANALYSTS TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT DUE TO ANY CAUSE BEYOND LIGHTING ANALYSTS’ REASONABLE CONTROL; OR (C) CLAIMS MADE A SUBJECT OF A LEGAL PROCEEDING AGAINST LIGHTING ANALYSTS MORE THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT ONE YEAR AFTER ANY SUCH CAUSE OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSEACTION FIRST AROSE.

Disclaimer of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, OR USE OF THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND COMPUTER, DEVICES AND/OR PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. , AND IN NO EVENT WILL APPLE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE COMPUTER, DEVICES AND/OR ANY PERIPHERALS CONNECTED THERETO, AND/AND/ OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR APPLE’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF APPLE HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLE'S ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Disclaimer of Liability. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATIONTO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: IN NO EVENT WILL DNL OR ITS AFFILIATES, OR USE ANY OF THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER THIS AGREEMENTITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, INCLUDING, WITHOUT LIMITATION, ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. APPLE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SOFTWARE; LOST REVENUES OR PROFITS; DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, OR GOODWILL; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; OR BREACHES IN SYSTEM SECURITY; OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR RELATED TO THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND/OR ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR APPLE’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF APPLE HAS BEEN NOT DNL WAS ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLE'S TOTAL WILL DNL’S AND ITS AFFILIATES’, INCLUDING ANY OF ITS OR THEIR RESPECTIVE LICENSORS' AND SERVICE PROVIDERS', COLLECTIVE AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, EXCEED THE TOTAL AMOUNT PAID TO DNL PURSUANT TO THIS AGREEMENT FOR THE COURSE SOFTWARE THAT IS THE SUBJECT OF FIFTY DOLLARS ($50.00)THE CLAIM. THE FOREGOING LIMITATIONS WILL SET FORTH IN THIS SECTION SHALL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS [BUSINESS]’S REMEDIES UNDER THIS AGREEMENT FAIL OF ITS THEIR ESSENTIAL PURPOSE.

Disclaimer of Liability. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTINGTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSTALLATIONIN NO EVENT WILL OPENPATH OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, LICENSORS OR USE OF THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. APPLE WILL NOT AGENTS BE LIABLE TO USER FOR ANY INDIRECTLOST PROFITS, LOSS OF REVENUE, SPECIAL, INCIDENTAL CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL SIMILAR DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED IN ANY WAY RELATING TO THIS AGREEMENTTHE MOBILE APP TERMS, INCLUDING ANY LIABILITY THAT STEMS FROM ANY THE AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND/MOBILE APP, THE SERVICE OR ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR APPLE’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENTTHE SYSTEM, EVEN IF APPLE OPENPATH HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES AND REGARDLESS OF THEORY UPON WHICH SUCH CLAIM IS BASED, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER THEORY OF LIABILITY. IN NO EVENT CASE WILL OPENPATH’S OR ITS SUPPLIERS’ OR LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE SUBSCRIPTION FEES THAT THE AUTHORIZED CUSTOMER PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY LESS IN EACH CASE AMOUNTS PREVIOUSLY PAID BY OPENPATH IN SATISFACTION OF LIABILITY UNDER THIS AGREEMENT, AND REGARDLESS OF THEORY UPON WHICH SUCH CLAIM IS BASED, INCLUDING CONTRACT, TORT, NEGLIGENCE, INDEMNITY, OR ANY OTHER LEGAL THEORY OF LIABILITY. USER ACKNOWLEDGES THAT THE TERMS IN THIS SECTION SHALL APPLE'S TOTAL LIABILITY APPLY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL AND SHALL APPLY EVEN IF THE ABOVE AN EXCLUSIVE OR LIMITED REMEDY STATED REMEDY HEREIN FAILS OF ITS ESSENTIAL PURPOSE.

Disclaimer of Liability. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, OR USE OF THE PRE-PRE- RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE COMPUTER AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL APPLE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE COMPUTER AND/OR ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR APPLE’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF APPLE HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Disclaimer of Liability. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATIONIN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE THE SERVICE; LOST REVENUES OR PROFITS; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; OR SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION. EXCEPT FOR COMPANY’S INDEMNIFICATION OBLIGATIONS IN THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER THIS AGREEMENTFOLLOWING SECTION, INCLUDING, WITHOUT LIMITATION, ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE IN NO EVENT SHALL COMPANY BE LIABLE TO ANY EQUIPMENTPERSON, SOFTWARE, INFORMATION INCLUDING BUT NOT LIMITED TO CLIENT OR DATA. APPLE WILL NOT BE LIABLE CLIENT’S PATIENTS FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENTXXXX OR THE SERVICE. TO THE FULLEST EXTENT POSSIBLE BY LAW, COMPANY'S MAXIMUM LIABILITY UNDER OR ARISING OUT OF OR IN CONNECTION WITH THIS XXXX OR ITS SUBJECT MATTER, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE BREACH OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND/OR ANY PERIPHERALS CONNECTED THERETOCONTRACT, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATIONTORT (INCLUDING NEGLIGENCE), AND/OR APPLE’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENTSTRICT LIABILITY, EVEN IF APPLE HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) AND OTHERWISE, WILL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS PAID BY YOU, IF ANY, FOR THE SERVICE IN THE SIX ($50.00). 6) MONTHS IMMEDIATELY PRECEDING THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSEACTION GIVING RISE TO SUCH LIABILITY.

Disclaimer of Liability. YOU ASSUME ALL RISKS As described below, if something bad happens relating to this agreement, the members’ patent crypto- technology patents, or any of the licenses granted under this agreement, COPA and the members will not be liable to the extent permitted by applicable law, unless the bad thing was caused by gross negligence or willful misconduct by COPA or the relevant member. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ALL COSTS ASSOCIATED OTHER THAN WITH TESTINGRESPECT TO WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, INSTALLATIONIN NO EVENT WILL COPA OR A MEMBER (INCLUDING, OR USE FOR CLARITY, ANY OF THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. APPLE WILL NOT MEMBER’S CONTROLLED ENTITIES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, INCIDENTAL CONSEQUENTIAL, OR CONSEQUENTIAL EXEMPLARY DAMAGES, WHETHER INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, RELATING TO OR ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING ANY MANNER OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND/PLEDGED PATENTS, OR ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR APPLE’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENTTHE RIGHTS GRANTED HEREUNDER, EVEN IF APPLE COPA OR SUCH MEMBER (INCLUDING, FOR CLARITY, ANY OF THE MEMBER’S CONTROLLED ENTITIES) HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN OR PREVENTED. IN NO EVENT IF COPA OR A MEMBER BREACHES ITS PATENT PLEDGE, COPA AND THE MEMBERS SHALL APPLE'S TOTAL LIABILITY TO YOU NOT BE JOINTLY AND SEVERALLY LIABLE FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSESUCH BREACH.

Disclaimer of Liability. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTINGNEITHER FAIRVIEW NOR ITS SUPPLIERS OR LICENSORS WILL HAVE ANY LIABILITY TO COMPANY, INSTALLATIONSUBLICENSEES OR ANY OTHER THIRD PARTY FOR ANY LOSS OF PROFITS, SALES, TRADING LOSSES, BUSINESS, DATA, OR USE OF THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. APPLE WILL NOT BE LIABLE FOR ANY OTHER INDIRECT, SPECIALINCIDENTAL, INCIDENTAL CONSEQUENTIAL, OR CONSEQUENTIAL DAMAGESSPECIAL LOSS OR DAMAGE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE)EXEMPLARY AND PUNITIVE, CONTRACT OF ANY KIND OR OTHERWISE, NATURE RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING USE OF, DELAY, LOSS OF USE OR INABILITY TO USE THE FAIRVIEW TECHNOLOGY, DEFECTIVE OR UNAVAILABLE DATA OR INFORMATION, OR ERRONEOUS OR DUPLICATE TRANSACTIONS. THE TOTAL LIABILITY OF FAIRVIEW AND ITS SUPPLIERS AND LICENSORS TO COMPANY, SUBLICENSEES OR ANY LIABILITY THAT STEMS FROM ANY OTHER THIRD PARTY ARISING OUT OF THIS AGREEMENT OR USE OF OR INABILITY TO USE THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND/FAIRVIEW TECHNOLOGY IN CONNECTION WITH ANY CLAIM OR ANY PERIPHERALS CONNECTED THERETOTYPE OF DAMAGE (WHETHER IN CONTRACT OR TORT, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR APPLE’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF APPLE HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURYINCLUDING NEGLIGENCE) WILL NOT EXCEED THE AMOUNT TOTAL FEES PAID OR DUE AND PAYABLE HEREUNDER BY COMPANY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THIS LIMITATION OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS LIABILITY WILL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE STATED REMEDY FAILS FAIL OF ITS THEIR ESSENTIAL PURPOSE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, FAIRVIEW WILL HAVE NO LIABILITY FOR ANY LOST PROFITS, TRADING LOSSES, OR OTHER DAMAGES OF EVERY KIND AND TYPE RESULTING FROM THE DELAY OR LOSS OF USE OF THE FAIRVIEW TECHNOLOGY, DEFECTIVE OR UNAVAILABLE DATA OR INFORMATION, ERRONEOUS OR DUPLICATE TRANSACTIONS.

Disclaimer of Liability. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, OR USE OF THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. APPLE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND/OR ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR APPLE’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF APPLE HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS ANY PARTY OR ANY OF ITS ESSENTIAL PURPOSEAFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AGENTS, STOCKHOLDERS, MEMBERS, PARTNERS, COLLABORATORS, CONTROLLING PERSONS, SUCCESSORS OR ASSIGNS BE LIABLE UNDER THIS TERMINATION AGREEMENT FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, SUFFERED BY WYETH, CATALYST OR ANY OF THEIR SAID RESPECTIVE REPRESENTATIVES, UNDER THIS TERMINATION AGREEMENT, EXCEPT WITH RESPECT TO ANY DAMAGES PAID TO A THIRD PARTY AS PART OF A THIRD PARTY CLAIM AND EXCEPT IN THE EVENT OF FRAUD OR INTENTIONAL MISCONDUCT. ALL TRANSFERS HEREUNDER, INCLUDING THOSE WITH RESPECT TO THE REVERSION OF THE PRODUCT AND THE TRANSFER OF PRODUCT DOCUMENTS AND MATERIALS HEREUNDER ARE BEING MADE ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, NEITHER WYETH NOR ANY OF ITS AFFILIATES MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO ANY SUCH TRANSFERS, OR ANY PATENT APPLICATIONS, RESULTING PATENTS, PRODUCT DOCUMENTS, MATERIALS, WYETH KNOW-HOW OR ANY TECHNOLOGY RELATED THERETO, INCLUDING WITH RESPECT TO PATENTABILITY. WYETH HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Disclaimer of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, OR USE OF THE PRE-PRE- RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-PRE- RELEASE SOFTWARE ON YOUR DEVICE AND COMPUTER, DEVICES AND/OR PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. , AND IN NO EVENT WILL APPLE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE COMPUTER, DEVICES AND/OR ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR APPLE’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF APPLE HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLE'S ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Disclaimer of Liability. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, OR USE OF THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER THIS AGREEMENTSOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. APPLE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND/OR ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR APPLE’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF APPLE HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Disclaimer of Liability. YOU ASSUME ALL RISKS EACH PARTY EXPRESSLY UNDERSTANDS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, OR USE OF AGREES THAT THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. APPLE WILL OTHER PARTY SHALL NOT BE LIABLE FOR ANY ANY, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL CONSEQUENTIAL OR CONSEQUENTIAL EXEMPLARY DAMAGES, WHETHER ARISING IN TORT ([INCLUDING NEGLIGENCE)BUT NOT LIMITED TO, CONTRACT OR OTHERWISEDAMAGES FOR LOSS OF REVENUES, ARISING OUT OF OR RELATED TO THIS AGREEMENTPROFITS, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND/OR ANY PERIPHERALS CONNECTED THERETOGOODWILL], AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATIONUSE, AND/OR APPLE’S PERFORMANCE OR DATA, FAILURE TO PERFORM UNDER THIS AGREEMENTREALIZE EXPECTED SAVINGS OR REVENUE, OR OTHER INTANGIBLE LOSSES (EVEN IF APPLE SUCH PARTY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLE'S TOTAL LIABILITY ), RESULTING FROM: (i) THE USE OR THE INABILITY TO YOU FOR ALL DAMAGES USE THE SERVICES AS CONTEMPLATED BY THIS AGREEMENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND INFORMATION OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO AS A RESULT OF THIS AGREEMENT; (iii) INVALID DESTINATIONS, TRANSMISSION ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) FAILURE TO RECEIVE ANY SERVICES; (vi) FAILURE OF THE SITE TO GENERATE THE EXPECTED NUMBER OF REFERALS (vi) MODIFICATION OF THE SITE OR SERVICES OR (vii) ANY OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED MATTER RELATING TO THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSESERVICES HEREUNDER.

Disclaimer of Liability. UBIQUITI HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE PRE-RELEASE PRODUCTS, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, GUARANTEES AND WARRANTIES OF MERCHANTABILITY, ACCURACY, QUALITY OF SERVICE OR RESULTS, AVAILABILITY, SATISFACTORY QUALITY, LACK OF VIRUSES, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE EXTENT AUTHORIZED BY LAW. UBIQUITI EXPRESSLY DOES NOT WARRANT THAT THE PRE-RELEASE PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF SUCH PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. UBIQUITI IS UNDER NO OBLIGATION TO PROVIDE TECHNICAL SUPPORT WITH RESPECT TO THE PRE-RELEASE PRODUCTS, AND PROVIDES NO ASSURANCE THAT ANY SPECIFIC ERRORS OR DISCREPANCIES IN THE PRE-RELEASE PRODUCTS WILL BE CORRECTED. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, OR USE OF THE PRE-RELEASE SOFTWARE PRODUCT AND SEEDING TOOLS THE SERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON PRODUCT AND THE SERVICES WITH YOUR DEVICE AND COMPUTER, NETWORK, SYSTEM, DEVICES AND/OR PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. APPLE , AND IN NO EVENT WILL NOT UBIQUITI BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE SOFTWARE ON PRODUCT AND THE SERVICES WITH YOUR DEVICE COMPUTER, NETWORK, SYSTEM, DEVICES AND/OR ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR APPLEUBIQUITI’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF APPLE UBIQUITI HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLE'S UBIQUITI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. UBIQUITI DOES NOT WARRANT THAT YOUR USE OF THE PRE-RELEASE PRODUCT OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES UBIQUITI WARRANT THAT IT WILL REVIEW THE CUSTOMER DATA FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN THE CUSTOMER DATA WITHOUT LOSS. UBIQUITI SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS.

Disclaimer of Liability. OUR ONLY OBLIGATION HEREUNDER IS TO PAY YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED COMMISSIONS IN ACCORDANCE WITH TESTINGTHIS AGREEMENT. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OTHER TYPE OF OBLIGATION OR DIRECT, INSTALLATIONINDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR USE CONSEQUENTIAL DAMAGES OF THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER ANY KIND (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT, INCLUDINGTHE SERVICE, WITHOUT LIMITATIONTHE RESELLER PROGRAM, ANY CARRIER BILLSUSE BY YOU OR YOUR CUSTOMERS OF IFBYPHONE'S WEB SITE, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND PERIPHERALSOR ANY OTHER HYPERLINKED WEB SITE, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. APPLE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND/OR ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR APPLE’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, TRANSACTIONS CONTEMPLATED HEREBY EVEN IF APPLE HAS BEEN WE ARE EXPRESSLY ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER ANY OF SUCH EVENTS WAS ADVERTENT OR INADVERTENT, INTENTIONAL OR UNINTENTIONAL, JUSTIFIED OR NOT, NEGLIGENT OR GROSSLY NEGLIGENT, OR BROUGHT UNDER A CAUSE OF ACTION IN NO EVENT SHALL APPLE'S TOTAL CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ADDITION TO THE FOREGOING, OUR AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) ARISING WITH RESPECT TO THIS AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY UNDER ANY THEORY OF RECOVERY SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSETOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.

Disclaimer of Liability. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTINGIN NO EVENT SHALL SALK BE LIABLE TO LICENSEE, INSTALLATIONITS AFFILIATES OR SUBLICENSEES, OR USE OF THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER THIS AGREEMENTANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. APPLE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIALPUNITIVE, EXEMPLARY, SPECIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE LOST PROFITS OR LOSS OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND/OR ANY PERIPHERALS CONNECTED THERETODATA, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATIONATTORNEYS’ AND EXPERTS’ FEES, AND/OR APPLE’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, AND COURT COSTS (EVEN IF APPLE SALK HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, FEES OR COSTS), ARISING FROM OR RELATING TO THIS AGREEMENT OR THE LICENSED PATENT RIGHTS, TECHNICAL INFORMATION, OR THE LICENSED TECHNOLOGY, INCLUDING THE MANUFACTURE, USE OR SALE OF THE PRODUCT(S) AND SERVICE(S) LICENSED UNDER THIS AGREEMENT. LICENSEE ASSUMES ALL RESPONSIBILITY AND LIABILITY FOR LOSS OR DAMAGE CAUSED BY A PRODUCT THAT IS License Agreement 2017-0184 Salk_METACRINE Salk Ref Nos. RD1361, RD1382, 2015-007 MANUFACTURED, USED OR SOLD BY LICENSEE WHICH IS A LICENSED PRODUCT HEREUNDER. SALK’S TOTAL CUMULATIVE LIABILITY IN NO EVENT SHALL APPLE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW CONNECTION WITH THIS AGREEMENT AND THE LICENSED TECHNOLOGY, WHETHER IN CASES INVOLVING PERSONAL INJURY) CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). FEES PAID TO SALK UNDER THIS AGREEMENT WITHIN THE FOREGOING LIMITATIONS WILL APPLY EVEN IF TWELVE MONTHS PRECEDING THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSECLAIM.

Disclaimer of Liability. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, IN NO EVENT SHALL ANY PARTY OR USE ANY OF THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED ITS RESPECTIVE AFFILIATES BE LIABLE UNDER THIS AGREEMENTAGREEMENT FOR SPECIAL, INCLUDING, WITHOUT LIMITATION, ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. APPLE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING CONTRACT, WARRANTY, TORT, NEGLIGENCE), CONTRACT STRICT LIABILITY OR OTHERWISE, ARISING OUT INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR RELATED TO THIS AGREEMENTREVENUE, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND/SUFFERED BY PFIZER, RIGEL OR ANY PERIPHERALS CONNECTED THERETOOF THEIR RESPECTIVE REPRESENTATIVES, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR APPLE’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF APPLE HAS BEEN ADVISED OR EXCEPT TO THE EXTENT OF ANY SUCH DAMAGES PAID TO A THIRD PARTY AS PART OF A THIRD PARTY CLAIM. ALL TRANSFERS HEREUNDER, INCLUDING THOSE WITH RESPECT TO THE REVERSIONS HEREUNDER, AND THE TRANSFER OF PRODUCT FILINGS, DOCUMENTS AND MATERIALS MADE HEREUNDER IS AWARE OF THE POSSIBILITY OF SUCH DAMAGESBEING MADE ON AN “AS IS” BASIS. IN NO EVENT SHALL APPLE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS NEITHER PFIZER NOR ANY OF ITS ESSENTIAL PURPOSEAFFILIATES MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO ANY TRANSFERS, OR PATENT APPLICATIONS, RESULTING PATENTS, PRODUCT DOCUMENTS, MATERIALS OR ANY TECHNOLOGY RELATED THERETO, INCLUDING WITH RESPECT TO PATENTABILITY. RIGEL EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Disclaimer of Liability. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, OR USE OF THE PRE-RELEASE PRERELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND COMPUTER, DEVICES AND/OR PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. APPLE DATA TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL NOT FRUGL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE COMPUTER, DEVICES AND/OR ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR APPLEFRUGL’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF APPLE FRUGL HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLEFRUGL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Disclaimer of Liability. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTINGNEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY (A) SPECIAL, INSTALLATIONINDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, ARISING FROM OR RELATED TO A BREACH OF THIS AGREEMENT OR THE OPERATION OR USE OF NETWORKS, THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER THIS AGREEMENT, INCLUDINGEQUIPMENT OR WRT TECHNOLOGY INCLUDING SUCH DAMAGES, WITHOUT LIMITATION, ANY CARRIER BILLSARISING FROM LOSS OF DATA OR PROGRAMMING, BACK-UP EXPENSESLOSS OF REVENUE OR PROFITS, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND PERIPHERALSFAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, DAMAGE TO EQUIPMENT, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. APPLE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND/OR ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR APPLE’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENTTHIRD PARTY CLAIMS AGAINST ONE PARTY, EVEN IF APPLE THE OTHER PARTY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLE'S TOTAL LIABILITY TO YOU FOR ALL ; OR (B) DAMAGES (REGARDLESS OF THEIR NATURE) FOR ANY DELAY OR FAILURE BY WRT TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT DUE TO ANY CAUSE BEYOND WRT’S REASONABLE CONTROL J. Limitation of Liability. NOTWITHSTANDING ANY OTHER THAN AS PROVISION OF THIS AGREEMENT, THE DAMAGES THAT EITHER PARTY MAY RECOVER FROM THE OTHER FOR BREACH OF THIS AGREEMENT WITH RESPECT TO A SPECIFIC INSTALLATION SITE OR NETWORK, WHETHER UNDER CONTRACT LAW, TORT LAW, WARRANTY OR OTHERWISE, SHALL BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) LIMITED TO DIRECT DAMAGES BUT SHALL NOT EXCEED THE AMOUNT SUM OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSEAMOUNTS ACTUALLY PAID BY NEWSIGHT WITH RESPECT TO SUCH INSTALLATION SITE OR NETWORK.

Disclaimer of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, OR USE OF THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-PRE- RELEASE SOFTWARE ON YOUR DEVICE AND COMPUTER, DEVICES AND/OR PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. , AND IN NO EVENT WILL APPLE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE COMPUTER, DEVICES AND/OR ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR APPLE’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF APPLE HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLE'S ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Disclaimer of Liability. IN PROVIDING THE SERVICE TO YOU, NEITHER WE NOR ANY OF OUR AFFILIATES, HOLDING COMPANIES, SUBSIDIARIES, EMPLOYEES, OFFICERS,DIRECTORS, AGENTS, SERVICE PROVIDERS OR SUBCONTRACTORS, MAKES ANY EXPRESS WARRANTIES OR REPRESENTATIONS TO YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, OR USE OF RESPECT TO THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER SERVICE EXCEPT AS SET OUT IN THIS AGREEMENT, INCLUDINGAND ALL IMPLIED AND STATUTORY WARRANTIES AND REPRESENTATIONS, INCLUDING WITHOUT LIMITATIONLIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL WE OR ANY CARRIER BILLSOF OUR AFFILIATES, BACK-UP EXPENSESHOLDING COMPANIES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND PERIPHERALSSUBSIDIARIES, AND ANY DAMAGE TO ANY EQUIPMENTEMPLOYEES, SOFTWAREOFFICERS, INFORMATION DIRECTORS, AGENTS, SERVICE PROVIDERS OR DATA. APPLE WILL NOT SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING BASED ON NEGLIGENCE), WILFUL MISCONDUCT, TORT, CONTRACT OR OTHERWISEANY OTHER THEORY OF LAW, ARISING OUT OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF INCOME, FAILURE TO REALIZE EXPECTED REVENUES OR RELATED TO THIS AGREEMENTSAVINGS, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE LOSS OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND/PROFITS OR ANY PERIPHERALS CONNECTED THERETO, AND/ECONOMIC OR FROM PECUNIARY LOSS. WE FURTHER DISCLAIM ANY OTHER CONFIDENTIAL INFORMATION, AND/AND ALL LIABILITY FOR ANY GOODS OR APPLE’S PERFORMANCE SERVICES BOUGHT OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF APPLE HAS BEEN ADVISED OR IS AWARE OF SOLD BY YOU THAT ARE SETTLED THROUGH YOUR PARTICIPATION IN THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSESERVICE.

Disclaimer of Liability. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTINGIN NO EVENT SHALL SALK BE LIABLE TO LICENSEE, INSTALLATIONITS AFFILIATES OR SUBLICENSEES, OR USE OF THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER THIS AGREEMENTANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. APPLE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIALPUNITIVE, EXEMPLARY, SPECIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE LOST PROFITS OR LOSS OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND/OR ANY PERIPHERALS CONNECTED THERETODATA, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATIONATTORNEYS’ AND EXPERTS’ FEES, AND/OR APPLE’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, AND COURT COSTS (EVEN IF APPLE SALK HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, FEES OR COSTS), ARISING FROM OR RELATING TO THIS AGREEMENT OR THE LICENSED PATENT RIGHTS, TECHNICAL INFORMATION, OR THE LICENSED TECHNOLOGY, INCLUDING THE MANUFACTURE, USE OR SALE OF THE PRODUCT(S) AND SERVICE(S) LICENSED UNDER THIS AGREEMENT. LICENSEE ASSUMES ALL RESPONSIBILITY AND LIABILITY FOR LOSS OR DAMAGE CAUSED BY A PRODUCT THAT IS MANUFACTURED, USED OR SOLD BY LICENSEE WHICH IS A LICENSED PRODUCT HEREUNDER. SALK’S TOTAL CUMULATIVE LIABILITY IN NO EVENT SHALL APPLE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW CONNECTION WITH THIS AGREEMENT AND THE LICENSED TECHNOLOGY, WHETHER IN CASES INVOLVING PERSONAL INJURY) CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). FEES PAID TO SALK UNDER THIS AGREEMENT WITHIN THE FOREGOING LIMITATIONS WILL APPLY EVEN IF TWELVE MONTHS PRECEDING THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSECLAIM.

Disclaimer of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, OR USE OF THE PRE-PRE- RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CARRIER BILLSLOSS OF CRYPTO ASSETS SENT, HELD OR WITHDRAWN USING THE PRE-RELEASE SOFTWARE, ANY BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-PRE- RELEASE SOFTWARE ON YOUR DEVICE AND COMPUTER, DEVICES AND/OR PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. APPLE , AND IN NO EVENT WILL NOT EXODUS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-PRE- RELEASE SOFTWARE ON YOUR DEVICE COMPUTER, DEVICES AND/OR ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR APPLEEXODUS’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF APPLE EXODUS HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLE'S EXODUS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Disclaimer of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, OR USE OF THE PRE-RELEASE SOFTWARE AND SEEDING BETA TOOLS PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND COMPUTER, DEVICES AND/OR PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. , AND IN NO EVENT WILL APPLE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE COMPUTER, DEVICES AND/OR ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR APPLE’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF APPLE HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLE'S ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Disclaimer of Liability. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, OR USE OF THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND COMPUTER, DEVICES AND/OR PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. DATA TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL APPLE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE COMPUTER, DEVICES AND/OR ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR APPLE’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF APPLE HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Disclaimer of Liability. PASKAL HEREBY DISCLAIMS ALL OTHER WARRANTIES TO CUSTOMER, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PRODUCTS OR DOCUMENTATION, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY GIVES YOU ASSUME SPECIFIC LEGAL RIGHTS. THE EXPRESS LIMITED WARRANTY AND REMEDY STATED ABOVE IS IN LIEU OF ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTINGLIABILITIES OR OBLIGATIONS OF PASKAL FOR DAMAGES WHATSOEVER INCLUDING, INSTALLATIONBUT NOT LIMITED TO, INCIDENTAL OR USE OF THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER THIS AGREEMENT, CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. APPLE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATED IN CONNECTION WITH THE USE OR PERFORMANCE OF OR INABILITY TO THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND/OR ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR APPLE’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENTPRODUCTS, EVEN IF APPLE PASKAL HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLE'S TOTAL LIABILITY WILL PASKAL BE LIABLE TO YOU CUSTOMER FOR ALL DAMAGES (OR ANY OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) AMOUNTS THAT EXCEED THE LOWER BETWEEN: (I) THE TOTAL OF THE AMOUNTS PAID TO PASKAL BY CUSTOMER PURSUANT TO THIS AGREEMENT DURING THE TWELVE MONTH PERIOD OR (II) THE AMOUNT APPLICABLE ACCORDING TO THE ISRAELI LAW, PRECEDING THE DATE ON WHICH XXXXXX RECEIVED NOTICE OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF BASIS FOR THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSEAWARD.