Common use of Disclaimer of Warranties; Limitation of Liability Clause in Contracts

Disclaimer of Warranties; Limitation of Liability. EXCEPT AS MAY BE OTHERWISE EXPRESSLY SET FORTH HEREIN ENTRUST HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT IS ENTRUST LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND HEREUNDER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INTERRUPTION OF BUSINESS, DAMAGE TO OR LOSS OF DATA, LOSS OF REVENUE OR PROFITS, DAMAGE TO REPUTATION), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ENTRUST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ENTRUST’S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING UNDER OR RELATED TO THIS AGREEMENT EXCEED THE ANNUAL SUPPORT FEE PAID TO ENTRUST BY CUSTOMER FOR THE APPLICABLE COVERED SOFTWARE PRODUCT.

Disclaimer of Warranties; Limitation of Liability. EXCEPT AS MAY BE OTHERWISE EXPRESSLY SET FORTH HEREIN ENTRUST HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT IS ENTRUST LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND HEREUNDER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INTERRUPTION OF BUSINESS, DAMAGE TO OR LOSS OF DATA, LOSS OF REVENUE OR PROFITS, DAMAGE TO REPUTATION), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ENTRUST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ENTRUST’S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING UNDER OR RELATED TO THIS AGREEMENT EXCEED THE ANNUAL SUPPORT FEE FEES PAID TO ENTRUST BY CUSTOMER FOR THE APPLICABLE COVERED SOFTWARE PRODUCTUNDER THIS AGREEMENT.

Disclaimer of Warranties; Limitation of Liability. EXCEPT AS MAY BE OTHERWISE EXPRESSLY SET FORTH HEREIN ENTRUST HEREBY DISCLAIMS ALL WARRANTIESThe disclaimers and limitations stated here apply not only to the Subscribing Institution as such but to all Authorized Users. MIT PRESS MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO MIT COGNET, WHICH ARE LICENSED “AS IS”. IN NO EVENT IS ENTRUST WILL MIT PRESS OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF MIT COGNET BE LIABLE TO CUSTOMER FOR ANY SPECIAL, DIRECT, INDIRECT, RELIANCE, INCIDENTAL, SPECIAL EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND HEREUNDER (INCLUDINGDAMAGES, BUT NOT LIMITED TO, DAMAGES FOR INTERRUPTION OF BUSINESS, DAMAGE TO OR INCLUDING LOSS OF DATADATA OR PROFITS OR FOR INABILITY TO USE MIT COGNET, LOSS OF REVENUE OR PROFITS, DAMAGE TO REPUTATION), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, PARTY EVEN IF ENTRUST MIT PRESS OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ENTRUSTSHALL MIT PRESS OR SUCH OTHER PARTY’S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING UNDER DAMAGES OR RELATED LOSS TO THIS AGREEMENT SUBSCRIBING INSTITUTION OR ANY OTHER PARTY EXCEED THE ANNUAL SUPPORT LICENSE FEE PAID TO ENTRUST BY CUSTOMER SUBSCRIBING INSTITUTION FOR THE APPLICABLE COVERED SOFTWARE PRODUCTUSE OF MIT COGNET.

Disclaimer of Warranties; Limitation of Liability. EXCEPT AS MAY BE OTHERWISE EXPRESSLY SET FORTH HEREIN ENTRUST HEREBY DISCLAIMS ALL WARRANTIESMIT PRESS MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO COGNET, WHICH IS LICENSED “AS IS”. IN NO EVENT IS ENTRUST WILL MIT PRESS OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF COGNET OR ITS CONTENT BE LIABLE TO CUSTOMER FOR ANY SPECIAL, DIRECT, INDIRECT, RELIANCE, INCIDENTAL, SPECIAL EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND HEREUNDER (INCLUDINGDAMAGES, BUT NOT LIMITED TO, DAMAGES FOR INTERRUPTION OF BUSINESS, DAMAGE TO OR INCLUDING LOSS OF DATADATA OR PROFITS OR FOR INABILITY TO USE COGNET, LOSS OF REVENUE OR PROFITS, DAMAGE TO REPUTATION), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, PERSON EVEN IF ENTRUST MIT PRESS OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ENTRUSTSHALL MIT PRESS’S AND SUCH OTHER PARTIES’ AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING UNDER DAMAGES OR RELATED LOSS TO THIS AGREEMENT SUBSCRIBING INSTITUTION AND ALL AUTHORIZED USERS EXCEED THE ANNUAL SUPPORT LICENSE FEE PAID TO ENTRUST BY CUSTOMER SUBSCRIBING INSTITUTION FOR THE APPLICABLE COVERED SOFTWARE PRODUCTUSE OF COGNET. The disclaimers and limitations stated here apply not only to the Subscribing Institution as such but to all Authorized Users.

Disclaimer of Warranties; Limitation of Liability. EXCEPT AS MAY BE OTHERWISE EXPRESSLY SET FORTH HEREIN ENTRUST HEREBY DISCLAIMS ALL WARRANTIESSERVICE PROVIDER MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO ANY OF THE SERVICES AND SERVICE PROVIDER DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT EXCEPT FOR THE PARTIES’ INDEMNIFICATION OBLIGATIONS WITH RESPECT TO CLAIMS OF THIRD PARTIES, THE PARTIES’ LIABILITY FOR DAMAGES HEREUNDER IS ENTRUST LIMITED TO DIRECT, ACTUAL DAMAGES ONLY, AND NEITHER PARTY SHALL BE LIABLE TO CUSTOMER THE OTHER FOR ANY INDIRECTSPECIFIC PERFORMANCE, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, OR SPECIAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL EXEMPLARYPUNITIVE, PUNITIVE EXEMPLARY OR CONSEQUENTIAL DAMAGES INDIRECT DAMAGES, IN TORT, CONTRACT OR OTHERWISE, OF ANY KIND HEREUNDER (INCLUDINGKIND, BUT NOT LIMITED TOARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PERFORMANCE, DAMAGES FOR INTERRUPTION THE SUSPENSION OF BUSINESSPERFORMANCE, DAMAGE THE FAILURE TO OR LOSS OF DATA, LOSS OF REVENUE OR PROFITS, DAMAGE TO REPUTATION), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITYPERFORM, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ENTRUST HAS BEEN ADVISED THE TERMINATION OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ENTRUST’S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING UNDER OR RELATED TO THIS AGREEMENT EXCEED THE ANNUAL SUPPORT FEE PAID TO ENTRUST BY CUSTOMER FOR THE APPLICABLE COVERED SOFTWARE PRODUCTAGREEMENT.

Disclaimer of Warranties; Limitation of Liability. EXCEPT AS MAY BE OTHERWISE EXPRESSLY SET FORTH HEREIN ENTRUST HEREBY DISCLAIMS ALL WARRANTIESMIT PRESS MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE JOURNALS OR THE ELECTRONIC FILES AND ACCESS SOFTWARE PERTAINING THERETO, ALL OF WHICH ARE LICENSED “AS IS”. IN NO EVENT IS ENTRUST WILL MIT PRESS OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE JOURNALS BE LIABLE TO CUSTOMER FOR ANY SPECIAL, DIRECT, INDIRECT, RELIANCE, INCIDENTAL, SPECIAL EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND HEREUNDER (INCLUDINGDAMAGES, BUT NOT LIMITED TO, DAMAGES FOR INTERRUPTION OF BUSINESS, DAMAGE TO OR INCLUDING LOSS OF DATADATA OR PROFITS OR FOR INABILITY TO USE THE JOURNALS, LOSS OF REVENUE OR PROFITS, DAMAGE TO REPUTATION), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, PERSON EVEN IF ENTRUST MIT PRESS OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ENTRUSTSHALL MIT PRESS’S AND SUCH OTHER PARTIES’ AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING UNDER DAMAGES OR RELATED LOSS TO THIS AGREEMENT SUBSCRIBING INSTITUTION AND ALL AUTHORIZED USERS EXCEED THE ANNUAL SUPPORT LICENSE FEE PAID TO ENTRUST BY CUSTOMER SUBSCRIBING INSTITUTION FOR THE APPLICABLE COVERED SOFTWARE PRODUCTTHIS LICENSE. The disclaimers and limitations stated in this agreement apply not only to the Subscribing Institution as such but to all Authorized Users.

Disclaimer of Warranties; Limitation of Liability. Nothing in this Agreement shall be construed as (a) a warranty or representation by Xxxxxx as to the validity or scope of any Patent Rights; or (b) a warranty or representation that any Licensed Product made, is or will be free from infringement of patents, copyrights, trademarks, trade secrets or other rights of third parties. EXCEPT AS MAY BE PROVIDED IN SECTION 9.1(i) AND SECTION 9.1(j), ALL COMPOUND, LICENSED TECHNOLOGY, PATENT RIGHTS AND OTHER DATA PROVIDED HEREUNDER ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN ENTRUST HEREBY DISCLAIMS ALL WARRANTIESPROVIDED IN THIS AGREEMENT, XXXXXX MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED WITH RESPECT TO THE IMPLIED ANY COMPOUND TRANSFERRED HEREUNDER, OR INTELLECTUAL PROPERTY, LICENSED TECHNOLOGY, PATENT RIGHTS OR OTHER SUBJECT MATTER OF THIS AGREEMENT AND HEREBY DISCLAIMS ALL WARRANTIES OF INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN UNDER NO EVENT IS ENTRUST CIRCUMSTANCES SHALL XXXXXX BE LIABLE TO CUSTOMER VIA OR ANY THIRD PARTY CLAIMING BY OR THROUGH VIA FOR ANY INDIRECTLOST PROFITS, INCIDENTAL, SPECIAL EXEMPLARYINDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND HEREUNDER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INTERRUPTION OF BUSINESS, DAMAGE TO OR LOSS OF DATA, LOSS OF REVENUE OR PROFITS, DAMAGE TO REPUTATION), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITYCONSEQUENTIAL, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ENTRUST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH SPECIAL DAMAGES. IN NO EVENT WILL ENTRUST’S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING UNDER OR RELATED TO THIS AGREEMENT EXCEED THE ANNUAL SUPPORT FEE PAID TO ENTRUST BY CUSTOMER FOR THE APPLICABLE COVERED SOFTWARE PRODUCT.

Disclaimer of Warranties; Limitation of Liability. EXCEPT AS MAY BE OTHERWISE EXPRESSLY SET FORTH HEREIN ENTRUST HEREBY IN ------------------------------------------------- SECTIONS 9.1 THROUGH 9.4 ABOVE, LICENSOR DISCLAIMS ALL WARRANTIESANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY DELAY IN DELIVERY, INSTALLATION OR FURNISHING OF THE SOFTWARE UNDER THIS AGREEMENT. LICENSOR SHALL HAVE NO EVENT IS ENTRUST LIABLE TO CUSTOMER LIABILITY FOR ANY INDIRECT, INCIDENTALSPECIAL, SPECIAL EXEMPLARY, PUNITIVE INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY KIND HEREUNDER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INTERRUPTION OF BUSINESS, DAMAGE TO OR LOSS OF DATA, LOSS OF REVENUE OR PROFITS, DAMAGE TO REPUTATION), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, THIS AGREEMENT OR ANY OTHER LEGAL OR EQUITABLE THEORYPERFORMANCE HEREUNDER, EVEN IF ENTRUST LICENSOR HAS BEEN ADVISED ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS SET FORTH IN NO EVENT WILL ENTRUST’S AGGREGATE CUMULATIVE ARTICLE 10 BELOW, ALL LIABILITY FOR BY LICENSOR HEREUNDER IS EXPRESSLY LIMITED TO ANY CLAIMS ARISING AMOUNTS PAID BY LICENSEE TO LICENSOR UNDER OR RELATED TO THIS AGREEMENT EXCEED THE ANNUAL SUPPORT FEE PAID TO ENTRUST BY CUSTOMER FOR THE APPLICABLE COVERED SOFTWARE PRODUCTAGREEMENT.

Disclaimer of Warranties; Limitation of Liability. EXCEPT AS MAY BE OTHERWISE EXPRESSLY SET FORTH HEREIN ENTRUST HEREBY DISCLAIMS ALL WARRANTIESMIT PRESS MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE JOURNALS OR THE ELECTRONIC FILES AND ACCESS SOFTWARE PERTAINING THERETO, ALL OF WHICH ARE LICENSED “AS IS”. IN NO EVENT IS ENTRUST WILL MIT PRESS OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE JOURNALS BE LIABLE TO CUSTOMER FOR ANY SPECIAL, DIRECT, INDIRECT, RELIANCE, INCIDENTAL, SPECIAL EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND HEREUNDER (INCLUDINGDAMAGES, BUT NOT LIMITED TO, DAMAGES FOR INTERRUPTION OF BUSINESS, DAMAGE TO OR INCLUDING LOSS OF DATADATA OR PROFITS OR FOR INABILITY TO USE THE JOURNALS, LOSS OF REVENUE OR PROFITS, DAMAGE TO REPUTATION), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, PARTY EVEN IF ENTRUST MIT PRESS OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ENTRUSTSHALL MIT PRESS OR SUCH OTHER PARTY’S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING UNDER DAMAGES OR RELATED LOSS TO THIS AGREEMENT SUBSCRIBING INSTITUTION OR ANY OTHER PARTY EXCEED THE ANNUAL SUPPORT LICENSE FEE PAID TO ENTRUST BY CUSTOMER SUBSCRIBING INSTITUTION FOR THE APPLICABLE COVERED SOFTWARE PRODUCTTHIS LICENSE. The disclaimers and limitations stated in this agreement apply not only to the Subscribing Institution as such but to all Authorized Users.

Disclaimer of Warranties; Limitation of Liability. EXCEPT AS MAY BE OTHERWISE EXPRESSLY SET FORTH HEREIN ENTRUST The limited warranties provided herein are the exclusive warranties given by Hydrow and supersede any prior, contrary or additional representations, whether oral or written. ANY IMPLIED WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE AND NON-INFRINGEMENT THAT APPLY TO ANY PARTS DESCRIBED ABOVE ARE LIMITED IN DURATION TO THE PERIODS OF EXPRESS WARRANTIES GIVEN ABOVE FOR THOSE SAME PARTS. HYDROW HEREBY DISCLAIMS AND EXCLUDES THOSE WARRANTIES THEREAFTER, EXCEPT TO THE EXTENT PROHIBITED BY LAW. HYDROW ALSO HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN ANY PRODUCT, INCLUDING BUT NOT LIMITED TO TO: (A) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE IMPLIED WARRANTIES NEGLIGENCE OF MERCHANTABILITY HYDROW OR ITS SUPPLIERS (WHETHER ACTIVE, PASSIVE OR IMPUTED); AND FITNESS (B) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR A PARTICULAR PURPOSE. IN NO EVENT IS ENTRUST LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL EXEMPLARY, PUNITIVE LOSS OF OR CONSEQUENTIAL DAMAGES OF ANY KIND HEREUNDER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INTERRUPTION OF BUSINESS, DAMAGE TO OR LOSS OF DATA, LOSS OF REVENUE OR PROFITS, DAMAGE TO REPUTATION), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ENTRUST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ENTRUST’S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING UNDER OR RELATED TO THIS AGREEMENT EXCEED THE ANNUAL SUPPORT FEE PAID TO ENTRUST BY CUSTOMER FOR THE APPLICABLE COVERED SOFTWARE PRODUCT.ANY

Disclaimer of Warranties; Limitation of Liability. EXCEPT AS MAY BE OTHERWISE FOR THE WARRANTIES EXPRESSLY SET FORTH HEREIN ENTRUST HEREBY PROVIDED HEREIN, NO PARTY HERETO MAKES ANY WARRANTIES AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT IS ENTRUST LIABLE TO CUSTOMER FOR ANY INDIRECTKIND, INCIDENTAL, SPECIAL EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND HEREUNDER (INCLUDING, BUT NOT LIMITED TO, DAMAGES ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR INTERRUPTION OF BUSINESSA PARTICULAR PURPOSE. EXCEPT FOR CLAIMS INVOLVING ACTUAL FRAUD OR GROSS NEGLIGENCE, DAMAGE NO PARTY SHALL BE LIABLE TO ANY OTHER PARTY WITH RESPECT TO ANY PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR LOSS OF DATAINDIRECT DAMAGES, LOSS OF REVENUE OR PROFITSINCLUDING WITHOUT LIMITATION, DAMAGE TO REPUTATION), REGARDLESS LOST PROFITS ARISING OUT OF THE FORM PERFORMANCE OR NONPERFORMANCE OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORYTHIS AGREEMENT, EVEN IF ENTRUST HAS THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR CLAIMS INVOLVING ACTUAL FRAUD OR GROSS NEGLIGENCE, IN NO EVENT WILL ENTRUST’S AGGREGATE CUMULATIVE SHALL THRILLRIDES’ LIABILITY FOR ANY CLAIMS ARISING UNDER THIS AGREEMENT OR RELATED OTHERWISE WITH RESPECT TO THIS AGREEMENT EXCEED THE ANNUAL SUPPORT FEE TOTAL AGGREGATE AMOUNT OF COMPENSATION PAID OR PAYABLE BY FXRE TO ENTRUST BY CUSTOMER FOR THE APPLICABLE COVERED SOFTWARE PRODUCT.THRILLRIDES HEREUNDER AS PROVIDED IN SECTION 4.1

Disclaimer of Warranties; Limitation of Liability. EXCEPT AS MAY BE OTHERWISE EXPRESSLY SET FORTH HEREIN ENTRUST The limited warranties provided herein are the exclusive warranties given by Hydrow and supersede any prior, contrary or additional representations, whether oral or written. ANY IMPLIED WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE THAT APPLY TO ANY PARTS DESCRIBED ABOVE ARE LIMITED IN DURATION TO THE PERIODS OF EXPRESS WARRANTIES GIVEN ABOVE FOR THOSE SAME PARTS. HYDROW HEREBY DISCLAIMS AND EXCLUDES THOSE WARRANTIES THEREAFTER, EXCEPT TO THE EXTENT PROHIBITED BY LAW. HYDROW ALSO HEREBY DISCLAIMS AND EXCLUDES ALL WARRANTIESOTHER OBLIGATIONS OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN ANY PRODUCT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO: (A) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN NO EVENT IS ENTRUST LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND HEREUNDER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INTERRUPTION OF BUSINESS, DAMAGE TO OR LOSS OF DATA, LOSS OF REVENUE OR PROFITS, DAMAGE TO REPUTATION), REGARDLESS OF THE FORM OF ACTIONTORT, WHETHER IN CONTRACTOR NOT ARISING FROM THE NEGLIGENCE OF HYDROW OR ITS SUPPLIERS (WHETHER ACTIVE, TORTPASSIVE OR IMPUTED); AND (B) ANY OBLIGATION, STRICT PRODUCT LIABILITY, RIGHT, CLAIM OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ENTRUST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ENTRUST’S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING UNDER OR RELATED TO THIS AGREEMENT EXCEED THE ANNUAL SUPPORT FEE PAID TO ENTRUST BY CUSTOMER FOR THE APPLICABLE COVERED SOFTWARE PRODUCT.REMEDY FOR