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

Disclaimer of Warranty; Limitation of Liability. 28.1. Notwithstanding anything to the contrary in the Agreement, the warranty and limitation of liability provisions of this Section shall apply to the Material, any License thereof, and the Hosted Services, and no other warranty or limitation of liability provisions in the Agreement shall apply to the Material, a License, and the Hosted Services. 28.2. CUSTOMER EXPRESSLY AGREES THAT USE OF THE MATERIAL AND THE HOSTED SERVICES IS AT CUSTOMER’S SOLE RISK. COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE MATERIAL OR THE HOSTED SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MATERIAL OR THE HOSTED SERVICES, OR AS TO THE TIMELINESS, EFFICACY, OPERABILITY, COMPLETENESS, ACCURACY, RELIABILITY OR CONTENT OF THE MATERIAL OR THE HOSTED SERVICES, OR OF ANY DESIGN, FUNCTION, PROCESS, INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH OR BY USE OF THE MATERIAL OR THE HOSTED SERVICES. 28.3. THE MATERIAL AND THE HOSTED SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS. 28.4. IN NO EVENT WILL COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PROVIDING, PRODUCING, MAINTAINING OR DISTRIBUTING THE MATERIAL OR THE HOSTED SERVICES BE LIABLE (INCLUDING FOR ANY THIRD-PARTY CLAIMS OR LOSSES) FOR ANY BUSINESS INTERRUPTION, LOSS OF DATA, BUSINESS INFORMATION, REVENUE, PROFITS, USE, CONTRACTS OR OPPORTUNITY, INCREASED COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO EQUIPMENT RENTAL AND TECHNICAL/FORENSIC EXPERT FEES), INSTALLATION OR INSURANCE COSTS, WASTED EXPENDITURE, SECURITY BREACH, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, FINANCIAL, ECONOMIC LOSS OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIAL OR THE HOSTED SERVICES. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT OF THE MATERIAL AND THE HOSTED SERVICES. 28.5. IN ADDITION TO THE TERMS SET FORTH ABOVE, COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN THE MATERIAL OR THE HOSTED SERVICES; FAILURE OF PERFORMANCE; INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE MATERIAL OR THE HOSTED SERVICES, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE MATERIAL OR THE HOSTED SERVICES, OR FOR ANY DELAY OR INTERRUPTION IN THE PROVISION THEREOF TO CUSTOMER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. COMPANY SHALL HAVE NO LIABILITY FOR DECISIONS BASED ON ANY OF THE MATERIAL OR THE HOSTED SERVICES PROVIDED AND RECOMMENDS CUSTOMER OBTAIN EXPERT ADVICE PRIOR TO ANY SUCH DECISIONS. 28.6. COMPANY’S MAXIMUM AGGREGATE LIABILITY IN CONNECTION WITH ANY AND ALL CAUSES OF ACTION OR OTHER MATTERS OF ANY KIND ARISING OUT OF THESE TERMS IS LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE LICENSE OR THE SUBSCRIPTION WITHIN THE YEAR PRECEDING CUSTOMER’S DATE OF NOTICE TO COMPANY OF THE CAUSE OF ACTION.

Disclaimer of Warranty; Limitation of Liability. 28.16.1. Notwithstanding anything to the contrary in the Agreement, the warranty and limitation of liability provisions of this Section shall apply to the Material, any License thereof, and the Hosted Services, and no other warranty or limitation of liability provisions in the Agreement shall apply to the Material, a License, and the Hosted Services. 28.2. CUSTOMER EXPRESSLY AGREES THAT USE OF TO THE MATERIAL MAXIMUM EXTENT PERMITTED BY LAW: THE SERVICE IS PROVIDED “AS IS” AND THE HOSTED SERVICES IS USED AT CUSTOMER’S YOUR SOLE RISK. COMPANY RISK WITH NO WARRANTIES WHATSOEVER; APEGG DOES NOT WARRANT OR GUARANTEE THAT THE MATERIAL OR THE HOSTED SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MATERIAL WARRANTIES, CLAIMS OR THE HOSTED SERVICES, OR AS TO THE TIMELINESS, EFFICACY, OPERABILITY, COMPLETENESS, ACCURACY, RELIABILITY OR CONTENT OF THE MATERIAL OR THE HOSTED SERVICES, OR OF ANY DESIGN, FUNCTION, PROCESS, INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH OR BY USE OF THE MATERIAL OR THE HOSTED SERVICES. 28.3. THE MATERIAL REPRESENTATIONS AND THE HOSTED SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, EITHER EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER WITH RESPECT TO THE LAWS APPLICABLE TO THESE TERMS. 28.4. IN NO EVENT WILL COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PROVIDING, PRODUCING, MAINTAINING OR DISTRIBUTING THE MATERIAL OR THE HOSTED SERVICES BE LIABLE (INCLUDING FOR ANY THIRD-PARTY CLAIMS OR LOSSES) FOR ANY BUSINESS INTERRUPTION, LOSS OF DATA, BUSINESS INFORMATION, REVENUE, PROFITS, USE, CONTRACTS OR OPPORTUNITY, INCREASED COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO EQUIPMENT RENTAL AND TECHNICAL/FORENSIC EXPERT FEES), INSTALLATION OR INSURANCE COSTS, WASTED EXPENDITURE, SECURITY BREACH, SERVICE INCLUDING, WITHOUT LIMITATION, DIRECTWARRANTIES OR CONDITIONS OF QUALITY, INDIRECTPERFORMANCE, INCIDENTALNON-INFRINGEMENT, SPECIALMERCHANTABILITY, CONSEQUENTIAL, FINANCIAL, ECONOMIC LOSS OR PUNITIVE DAMAGES ARISING OUT OF THE FITNESS FOR USE OF FOR A PARTICULAR PURPOSE. APEGG FURTHER DOES NOT REPRESENT OR INABILITY TO USE THE MATERIAL OR THE HOSTED SERVICES. CUSTOMER HEREBY ACKNOWLEDGES WARRANT THAT THE PROVISIONS OF THIS SECTION SHALL APPLY SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES APEGG WARRANT ANY CONNECTION TO ALL CONTENT OF OR TRANSMISSION FROM THE MATERIAL AND THE HOSTED SERVICESINTERNET. 28.56.2. IN ADDITION TO THE TERMS SET FORTH ABOVEYou agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY REGARDLESS OF THE CAUSE OR DURATIONAPEGG, FOR ANY ERRORSits subsidiaries, INACCURACIESaffiliates, OMISSIONSofficers, OR OTHER DEFECTS IN THE MATERIAL OR THE HOSTED SERVICES; FAILURE OF PERFORMANCE; INTERRUPTIONdirectors, DELETIONemployees, DEFECTand agents disclaim all warranties, DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TOexpress or implies, ALTERATION OFin connection with the Services and your use thereof including implied warranties of title, OR USE OF THE MATERIAL OR THE HOSTED SERVICESmerchantability, OR UNTIMELINESS OR UNAUTHENTICITY OFfitness for a particular purpose or non- infringement, THE INFORMATION CONTAINED WITHIN THE MATERIAL OR THE HOSTED SERVICESaccuracy, OR FOR ANY DELAY OR INTERRUPTION IN THE PROVISION THEREOF TO CUSTOMERauthority, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY WHETHER FOR BREACH OF CONTRACTcompleteness, TORTIOUS BEHAVIORusefulness, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. COMPANY SHALL HAVE NO LIABILITY FOR DECISIONS BASED ON ANY OF THE MATERIAL OR THE HOSTED SERVICES PROVIDED AND RECOMMENDS CUSTOMER OBTAIN EXPERT ADVICE PRIOR TO ANY SUCH DECISIONSand timeliness. 28.66.3. COMPANY’S MAXIMUM AGGREGATE LIABILITY IN CONNECTION WITH ANY AND ALL CAUSES OF ACTION OR OTHER MATTERS OF ANY KIND ARISING OUT OF THESE TERMS IS LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE LICENSE OR THE SUBSCRIPTION WITHIN THE YEAR PRECEDING CUSTOMER’S DATE OF NOTICE TO COMPANY OF THE CAUSE OF ACTIONAPEGG makes no warranties or representations about the accuracy or completeness of the content of the Service and of the content of any sites linked to the Service; APEGG assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service. 6.4. In no event will APEGG, its subsidiaries, affiliates, directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not APEGG has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that APEGG shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. In any event, the total aggregate liability of APEGG under or in relation to these Terms and/or the Service, whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason, shall not exceed the amount actually paid by you to APEGG for the Service during the six (6) months period preceding the event first giving rise to the liability. 6.5. You agree to indemnify and hold APEGG, and each of its subsidiaries, affiliates, directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any Content you post or share on or through the Service.

Disclaimer of Warranty; Limitation of Liability. 28.1. Notwithstanding anything to the contrary in the Agreement, the warranty and limitation of liability provisions of this Section shall apply to the Material, any License thereof, and the Hosted Services, and no other warranty or limitation of liability provisions in the Agreement shall apply to the Material, a License, and the Hosted Services. 28.2. CUSTOMER EXPRESSLY AGREES THAT USE OF THE MATERIAL AND THE HOSTED SERVICES IS AT CUSTOMER’S SOLE RISK. COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE MATERIAL OR THE HOSTED SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MATERIAL OR THE HOSTED SERVICES, OR AS TO THE TIMELINESS, EFFICACY, OPERABILITY, COMPLETENESS, ACCURACY, RELIABILITY OR CONTENT OF THE MATERIAL OR THE HOSTED SERVICES, OR OF ANY DESIGN, FUNCTION, PROCESS, INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH OR BY USE OF THE MATERIAL OR THE HOSTED SERVICES. 28.3. THE MATERIAL AND THE HOSTED SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS. 28.4. IN NO EVENT WILL COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PROVIDING, PRODUCING, MAINTAINING OR DISTRIBUTING THE MATERIAL OR THE HOSTED SERVICES BE LIABLE (INCLUDING FOR ANY THIRD-PARTY CLAIMS OR LOSSES) FOR ANY BUSINESS INTERRUPTION, LOSS OF DATA, BUSINESS INFORMATION, REVENUE, PROFITS, USE, CONTRACTS OR OPPORTUNITY, INCREASED COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO EQUIPMENT RENTAL AND TECHNICAL/FORENSIC EXPERT FEES), INSTALLATION OR INSURANCE COSTS, WASTED EXPENDITURE, SECURITY BREACH, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, FINANCIAL, ECONOMIC LOSS OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIAL OR THE HOSTED SERVICES. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT OF THE MATERIAL AND THE HOSTED SERVICES. 28.5. IN ADDITION TO THE TERMS SET FORTH ABOVE, COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN THE MATERIAL OR THE HOSTED SERVICES; FAILURE OF PERFORMANCE; INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE MATERIAL OR THE HOSTED SERVICES, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE MATERIAL OR THE HOSTED SERVICES, OR FOR ANY DELAY OR INTERRUPTION IN THE PROVISION THEREOF TO CUSTOMER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. COMPANY SHALL HAVE NO LIABILITY FOR DECISIONS BASED ON ANY OF THE MATERIAL OR THE HOSTED SERVICES PROVIDED AND RECOMMENDS CUSTOMER OBTAIN EXPERT ADVICE PRIOR TO ANY SUCH DECISIONS. . 28.6. COMPANY’S MAXIMUM AGGREGATE LIABILITY IN CONNECTION WITH ANY AND ALL CAUSES OF ACTION OR OTHER MATTERS OF ANY KIND ARISING OUT OF THESE TERMS IS LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE LICENSE OR THE SUBSCRIPTION WITHIN THE YEAR PRECEDING CUSTOMER’S DATE OF NOTICE TO COMPANY OF THE CAUSE OF ACTION.

Disclaimer of Warranty; Limitation of Liability. 28.1. Notwithstanding anything to the contrary in the Agreement, the warranty and limitation of liability provisions of this Section 29 shall apply to the Material, any License thereof, and the Hosted Services, and no other warranty or limitation of liability provisions in the Agreement shall apply to the Material, a License, and the Hosted Services. 28.2. CUSTOMER EXPRESSLY AGREES THAT USE OF THE MATERIAL AND THE HOSTED SERVICES IS AT CUSTOMER’S SOLE RISK. COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE MATERIAL OR THE HOSTED SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MATERIAL OR THE HOSTED SERVICES, OR AS TO THE TIMELINESS, EFFICACY, OPERABILITY, COMPLETENESS, ACCURACY, RELIABILITY OR CONTENT OF THE MATERIAL OR THE HOSTED SERVICES, OR OF ANY DESIGN, FUNCTION, PROCESS, INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH OR BY USE OF THE MATERIAL OR THE HOSTED SERVICES. 28.3. THE MATERIAL AND THE HOSTED SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS. 28.4. IN NO EVENT WILL COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PROVIDING, PRODUCING, MAINTAINING OR DISTRIBUTING THE MATERIAL OR THE HOSTED SERVICES BE LIABLE (INCLUDING FOR ANY THIRD-PARTY CLAIMS OR LOSSES) FOR ANY BUSINESS INTERRUPTION, LOSS OF DATA, BUSINESS INFORMATION, REVENUE, PROFITS, USE, CONTRACTS OR OPPORTUNITY, INCREASED COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO EQUIPMENT RENTAL AND TECHNICAL/FORENSIC EXPERT FEES), INSTALLATION OR INSURANCE COSTS, WASTED EXPENDITURE, SECURITY BREACHDAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, FINANCIAL, ECONOMIC LOSS CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIAL OR THE HOSTED SERVICES. SPECIFICALLY, COMPANY SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT OF THE MATERIAL AND THE HOSTED SERVICES. 28.5. IN ADDITION TO THE TERMS SET FORTH ABOVE, COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN THE MATERIAL OR THE HOSTED SERVICES; FAILURE OF PERFORMANCE; INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE MATERIAL OR THE HOSTED SERVICES, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE MATERIAL OR THE HOSTED SERVICES, OR FOR ANY DELAY OR INTERRUPTION IN THE PROVISION THEREOF TO CUSTOMER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. COMPANY SHALL HAVE NO LIABILITY FOR DECISIONS BASED ON ANY OF THE MATERIAL OR THE HOSTED SERVICES PROVIDED AND RECOMMENDS CUSTOMER OBTAIN EXPERT ADVICE PRIOR TO ANY SUCH DECISIONS. 28.6. COMPANY’S MAXIMUM AGGREGATE LIABILITY IN CONNECTION WITH ANY AND ALL CAUSES OF ACTION OR OTHER MATTERS OF ANY KIND ARISING OUT OF THESE TERMS IS LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE LICENSE OR THE SUBSCRIPTION WITHIN THE YEAR PRECEDING CUSTOMER’S DATE OF NOTICE TO COMPANY OF THE CAUSE OF ACTION.

Disclaimer of Warranty; Limitation of Liability. 28.1. Notwithstanding anything to the contrary in the Agreementa) EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, the warranty and limitation of liability provisions of this Section shall apply to the MaterialOPERATOR AND UNDERLYING PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS, any License thereof, and the Hosted Services, and no other warranty or limitation of liability provisions in the Agreement shall apply to the Material, a License, and the Hosted Services. 28.2. CUSTOMER EXPRESSLY AGREES THAT USE OF THE MATERIAL AND THE HOSTED SERVICES IS AT CUSTOMER’S SOLE RISK. COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE MATERIAL OR THE HOSTED SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MATERIAL OR THE HOSTED SERVICES, OR AS TO THE TIMELINESS, EFFICACY, OPERABILITY, COMPLETENESS, ACCURACY, RELIABILITY OR CONTENT OF THE MATERIAL OR THE HOSTED SERVICES, OR OF ANY DESIGN, FUNCTION, PROCESS, INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH OR BY USE OF THE MATERIAL OR THE HOSTED SERVICES. 28.3. THE MATERIAL AND THE HOSTED SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGEITHER IN FACT OR BY OPERATION OF LAW, BUT NOT LIMITED TOSTATUTORY OR OTHERWISE, WARRANTIES OF TITLE OR IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE; WARRANTIES AGAINST INFRINGEMENTS; AND WARRANTIES ARISING BY TRADE CUSTOM, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS. 28.4. IN NO EVENT WILL COMPANYTRADE USAGE, OR COURSE OF DEALING; OR OTHERWISE. OPERATOR AND UNDERLYING PROVIDERS DISCLAIM ALL SUCH WARRANTIES. SUBSCRIBER AGREES FOR HIMSELF AND ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PROVIDING, PRODUCING, MAINTAINING OR DISTRIBUTING THE MATERIAL OR THE HOSTED SERVICES BE LIABLE (INCLUDING FOR ANY THIRD-PARTY CLAIMS OR LOSSES) FOR ANY BUSINESS INTERRUPTION, LOSS OF DATA, BUSINESS INFORMATION, REVENUE, PROFITS, USE, CONTRACTS OR OPPORTUNITY, INCREASED COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO EQUIPMENT RENTAL AND TECHNICAL/FORENSIC EXPERT FEES), INSTALLATION OR INSURANCE COSTS, WASTED EXPENDITURE, SECURITY BREACH, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, FINANCIAL, ECONOMIC LOSS OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO WHO MAY USE THE MATERIAL OR THE HOSTED SERVICES. CUSTOMER HEREBY ACKNOWLEDGES SERVICE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT OF THE MATERIAL AND THE HOSTED SERVICES. 28.5. IN ADDITION TO THE TERMS SET FORTH ABOVE, COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN THE MATERIAL OR THE HOSTED SERVICES; FAILURE OF PERFORMANCE; INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE MATERIAL OR THE HOSTED SERVICES, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE MATERIAL OR THE HOSTED SERVICES, OR FOR ANY DELAY OR INTERRUPTION IN THE PROVISION THEREOF TO CUSTOMER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. COMPANY SHALL HAVE NO LIABILITY FOR DECISIONS BASED ON ANY OF THE MATERIAL OR THE HOSTED SERVICES PROVIDED AND RECOMMENDS CUSTOMER OBTAIN EXPERT ADVICE PRIOR TO ANY SUCH DECISIONSSERVICE IS AT YOUR SOLE RISK. 28.6b) Without limiting, and in addition to the Foregoing: we make no warranties or representations as to the security of your Communications via our facilities or the Service, or through the Service to the Internet, or that third parties will not gain unauthorized access to or monitor your computers or phone communications. COMPANY’S MAXIMUM AGGREGATE LIABILITY IN CONNECTION WITH ANY AND ALL CAUSES OF ACTION OR OTHER MATTERS OF ANY KIND ARISING OUT OF THESE TERMS IS LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE LICENSE OR THE SUBSCRIPTION WITHIN THE YEAR PRECEDING CUSTOMER’S DATE OF NOTICE TO COMPANY OF THE CAUSE OF ACTIONYou agree that we shall have no liability of any nature for any such unauthorized access. You have the sole responsibility to secure your computer and phone communications. c) We will compensate you for a service interruption only if Service fails completely because of technical malfunction (e.g. network outage, prolonged power failure) for four (4) or more consecutive hours. In that case, your sole remedy, available upon request, will be limited to a prorated credit against the net monthly recurring charge (exclusive of nonrecurring charges, other one-time charges, per call charges, regulatory fees, taxes, and surcharges).To qualify, you must request the credit from us within thirty (30 days of the failure. Credits will be applied only against current and future fees payable by you for the Service. Any credits provided by us in no event shall constitute or be construed as a course of conduct by us. d) Notwithstanding anything to the contrary in the agreement, you acknowledge and understands that we may use third parties to provide components of the Service, including without limitation their service, equipment, and infrastructure. We are not responsible for the performance (or nonperformance) of any third party provider’s service, equipment, or infrastructure, whether or not they constitute components of the Service. e) You understand that the installation, use, inspection, maintenance, repair, replacement, or removal of the Service, equipment, or software, may result in damage to your computer, or other hardware, including software and data files stored thereon. We shall have no liability for any damage to or loss or destruction of any of your equipment, software, hardware, data, or files. f) except in the case of gross negligence or willful misconduct, neither we nor any person or entity involved in providing the Service or equipment shall have any liability of any nature for any direct, indirect, incidental, special, consequential punitive or other types of damages arising out of the use of or inability to use the Service, including the use or inability to access emergency 911 services and alarm monitoring services; any action to protect the Service; the Breach of any warranty or representation; or the furnishing of information (or failure to furnish information) regarding telephone numbers of the Service. g) You hereby acknowledge that the provisions of this Section 10 shall apply to all services included in, or accessible through, the Service and are for the benefit of, and may be enforced by, the us and its successors and any underlying providers. h) You acknowledge and agree that except in the case of gross negligence or willful misconduct, we will not be liable for any service outage, inability to dial 911 using the Service and/or ability to access emergency service personnel for any reason, or damages of any nature. You agree to release and defend, indemnify, and hold harmless us and our underlying suppliers from and against any and all claims, suits, actions, or causes of action for damages, losses, personal injury, (including death), fines, penalties, costs, and expenses (including reasonable attorney fees) asserted by, or on behalf of, you or any third party or user of the Service relating to the interruption, failure, or outage of the Service, including those related to 911/e911.

Disclaimer of Warranty; Limitation of Liability. 28.1You agree that your use of the Services shall be at your sole risk. Notwithstanding anything To the fullest extent permitted by law, AverJoe, its shareholders, affiliates, officers, directors, employees, consultants, agents and other representatives, disclaim all warranties, explicit or implied, in connection with the AverJoe applications, any of the Services and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. AverJoe makes no warranties or representations about the accuracy or completeness of the content of the Services and/or any content provided therein and of the content of any sites linked to the contrary Services and assume no liability or responsibility for any: (i) Errors, mistakes, or inaccuracies of content; (ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services; (iii) Any unauthorized access to or use of AverJoe’s secure servers and/or any and all personal information and/or financial information stored therein; (iv) Any interruption or cessation of transmission to or from the Services; (v) Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party; or (vi) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the Agreementuse of any content posted, emailed, transmitted, or otherwise made available via the warranty Services. In no event will AverJoe, its directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Services or other materials on, accessed through or downloaded from the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not AverJoe has been advised of the possibility of these damages. IN ANY CASE, OUR ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS SHALL NOT EXCEED AMOUNTS PAID BY YOU DIRECTLY TO US FOR THE USE OF THE SERVICES HEREUNDER. AS SUCH, IF YOU HAVE NOT MADE ANY PAYMENTS TO US IN ORDER TO USE THE SERVICES, WE SHALL NOT HAVE ANY LIABILITY TO YOU WHATSOEVER. The foregoing limitation of liability provisions of this Section shall apply to the Material, any License thereoffullest extent permitted by law in the applicable jurisdiction. You agree to indemnify and hold AverJoe, and the Hosted Serviceseach of its shareholders, affiliates, officers, directors, employees, consultants, agents and no other warranty representatives, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or limitation in connection with: (i) Your use of liability provisions in the Agreement shall apply and access to the Material, a License, and the Hosted Services. 28.2. CUSTOMER EXPRESSLY AGREES THAT USE OF THE MATERIAL AND THE HOSTED SERVICES IS AT CUSTOMER’S SOLE RISK. COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE MATERIAL OR THE HOSTED SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MATERIAL OR THE HOSTED SERVICES, OR AS TO THE TIMELINESS, EFFICACY, OPERABILITY, COMPLETENESS, ACCURACY, RELIABILITY OR CONTENT OF THE MATERIAL OR THE HOSTED SERVICES, OR OF ANY DESIGN, FUNCTION, PROCESS, INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH OR BY USE OF THE MATERIAL OR THE HOSTED SERVICES. 28.3. THE MATERIAL AND THE HOSTED SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS. 28.4. IN NO EVENT WILL COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PROVIDING, PRODUCING, MAINTAINING OR DISTRIBUTING THE MATERIAL OR THE HOSTED SERVICES BE LIABLE (INCLUDING FOR ANY THIRD-PARTY CLAIMS OR LOSSES) FOR ANY BUSINESS INTERRUPTION, LOSS OF DATA, BUSINESS INFORMATION, REVENUE, PROFITS, USE, CONTRACTS OR OPPORTUNITY, INCREASED COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO EQUIPMENT RENTAL AND TECHNICAL/FORENSIC EXPERT FEES), INSTALLATION OR INSURANCE COSTS, WASTED EXPENDITURE, SECURITY BREACH, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, FINANCIAL, ECONOMIC LOSS OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIAL OR THE HOSTED SERVICES. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT OF THE MATERIAL AND THE HOSTED SERVICES. 28.5. IN ADDITION TO THE TERMS SET FORTH ABOVE, COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN THE MATERIAL OR THE HOSTED SERVICES; FAILURE OF PERFORMANCE; INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE MATERIAL OR THE HOSTED SERVICES, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE MATERIAL OR THE HOSTED SERVICES, OR FOR ANY DELAY OR INTERRUPTION IN THE PROVISION THEREOF TO CUSTOMER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. COMPANY SHALL HAVE NO LIABILITY FOR DECISIONS BASED ON ANY OF THE MATERIAL OR THE HOSTED SERVICES PROVIDED AND RECOMMENDS CUSTOMER OBTAIN EXPERT ADVICE PRIOR TO ANY SUCH DECISIONS. 28.6. COMPANY’S MAXIMUM AGGREGATE LIABILITY IN CONNECTION WITH ANY AND ALL CAUSES OF ACTION OR OTHER MATTERS OF ANY KIND ARISING OUT OF THESE TERMS IS LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE LICENSE OR THE SUBSCRIPTION WITHIN THE YEAR PRECEDING CUSTOMER’S DATE OF NOTICE TO COMPANY OF THE CAUSE OF ACTION.;

Disclaimer of Warranty; Limitation of Liability. 28.1BITOSA Jaipur does not warrant that the Website will operate in an uninterrupted or error-free manner or that the Website is free of viruses or other harmful components. Notwithstanding anything to the contrary in the AgreementUse of information obtained from or through these Website is at your own risk. YOU AGREE THAT BITOSA JAIPUR WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, the warranty and limitation of liability provisions of this Section shall apply to the MaterialEITHER ACTUAL OR CONSEQUENTIAL, any License thereofARISING OUT OF OR RELATING TO THESE TERMS OF USE, and the Hosted ServicesOR TO YOUR (OR ANY THIRD PARTY'S) USE OR INABILITY TO USE THE WEBSITE, and no other warranty or limitation of liability provisions in the Agreement shall apply to the MaterialOR TO YOUR PLACEMENT OF CONTENT ON THE WEBSITE, a License, and the Hosted Services. 28.2. CUSTOMER EXPRESSLY AGREES THAT USE OF THE MATERIAL AND THE HOSTED SERVICES IS AT CUSTOMER’S SOLE RISK. COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE MATERIAL OR THE HOSTED SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE YOUR RELIANCE UPON INFORMATION OBTAINED FROM USE OF OR THROUGH THE MATERIAL WEBSITE. IN PARTICULAR, BITOSA JAIPUR WILL HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR THE HOSTED SERVICESINCIDENTAL DAMAGES, WHETHER FORESEEABLE OR AS TO THE TIMELINESSUNFORESEEABLE, EFFICACY, OPERABILITY, COMPLETENESS, ACCURACY, RELIABILITY OR CONTENT OF THE MATERIAL OR THE HOSTED SERVICES, OR OF ANY DESIGN, FUNCTION, PROCESS, INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH OR BY USE OF THE MATERIAL OR THE HOSTED SERVICES. 28.3. THE MATERIAL AND THE HOSTED SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, (INCLUDING, BUT NOT LIMITED TO, WARRANTIES CLAIMS FOR DEFAMATION, ERRORS, MISUSE OF TITLE EMAIL OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS. 28.4. IN NO EVENT WILL COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PROVIDING, PRODUCING, MAINTAINING OR DISTRIBUTING THE MATERIAL OR THE HOSTED SERVICES BE LIABLE (INCLUDING FOR ANY THIRD-PARTY CLAIMS OR LOSSES) FOR ANY BUSINESS INTERRUPTIONSERVICES, LOSS OF DATA, BUSINESS INFORMATION, REVENUE, PROFITS, USE, CONTRACTS OR OPPORTUNITY, INCREASED COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO EQUIPMENT RENTAL AND TECHNICAL/FORENSIC EXPERT FEESINTERRUPTION IN AVAILABILITY OF DATA), INSTALLATION OR INSURANCE COSTS, WASTED EXPENDITURE, SECURITY BREACH, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, FINANCIAL, ECONOMIC LOSS OR PUNITIVE DAMAGES ARISING OUT OF THE OR RELATING TO THESE TERMS, YOUR USE OF OR INABILITY TO USE A WEBSITE, OR ANY PURCHASES ON THE MATERIAL WEBSITE, OR THE HOSTED SERVICES. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS YOUR PLACEMENT OF THIS SECTION SHALL APPLY TO ALL CONTENT OF THE MATERIAL AND THE HOSTED SERVICES. 28.5. ON A WEBSITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH A WEBSITE, WHETHER BASED IN ADDITION CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY TO THE TERMS SET FORTH ABOVE, COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN THE MATERIAL OR THE HOSTED SERVICES; FAILURE OF PERFORMANCE; INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE MATERIAL OR THE HOSTED SERVICES, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE MATERIAL OR THE HOSTED SERVICES, OR FOR ANY DELAY OR INTERRUPTION IN THE PROVISION THEREOF TO CUSTOMER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTIONEXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. COMPANY SHALL HAVE NO LIABILITY FOR DECISIONS BASED ON ANY OF THE MATERIAL OR THE HOSTED SERVICES PROVIDED AND RECOMMENDS CUSTOMER OBTAIN EXPERT ADVICE PRIOR TO ANY SUCH DECISIONSBITOSA Jaipur makes no representation regarding your ability to transmit and receive information from or through the Website and you agree and acknowledge that your ability to access the Website may be impaired. BITOSA Jaipur disclaims any and all liability resulting from or related to such events. 28.6. COMPANY’S MAXIMUM AGGREGATE LIABILITY IN CONNECTION WITH ANY AND ALL CAUSES OF ACTION OR OTHER MATTERS OF ANY KIND ARISING OUT OF THESE TERMS IS LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE LICENSE OR THE SUBSCRIPTION WITHIN THE YEAR PRECEDING CUSTOMER’S DATE OF NOTICE TO COMPANY OF THE CAUSE OF ACTION.