Common use of Disclaimers; Limitation of Liability Clause in Contracts

Disclaimers; Limitation of Liability. LICENSEE ASSUMES THE ENTIRE RISK OF USING THE FCA US SCAN TOOL DATA. THE FCA US SCAN TOOL DATA IS LICENSED AND PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE FCA US SCAN TOOL DATA IS NOT WARRANTED TO BE DEFECT FREE. FCA US IS NOT LIABLE FOR ANY DAMAGES IN CONNECTION WITH THE LICENSE GRANTED OR THE USE OF THE FCA US SCAN TOOL DATA, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH, RELATED TO, OR ARISING OUT OF USE OF THE FCA US SCAN TOOL DATA OR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, EVEN IF FCA US HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. FCA US’S LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE ANNUAL LICENSEE FEE PAID BY LICENSEE UNDER THIS AGREEMENT FOR THE THEN CURRENT YEAR.

Disclaimers; Limitation of Liability. LICENSEE ASSUMES EXCEPT AS EXPRESSLY SET FORTH HEREIN, NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OR PROVIDES ANY REMEDY TO THE ENTIRE RISK OF USING THE FCA US SCAN TOOL DATA. THE FCA US SCAN TOOL DATA IS LICENSED OTHER PARTY, AND PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS ALL OTHER REPRESENTATIONS, WARRANTIES AND REMEDIES WHATSOEVER AND HOWEVER THEY MAY BE CLAIMED, EXPRESS OR WARRANTIES OF ANY KINDIMPLIED, INCLUDING WITHOUT LIMITATION, THE BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. THE FCA US SCAN TOOL DATA IS NOT WARRANTED TO BE DEFECT FREE. FCA US IS NOT LIABLE EXCEPT FOR ANY DAMAGES IN CONNECTION WITH THE LICENSE GRANTED A PARTY’S INDEMNITY OBLIGATIONS, OR THE USE BREACH OF THE FCA US SCAN TOOL DATACONFIDENTIALITY OBLIGATIONS, INCLUDING WITHOUT LIMITATIONHEREUNDER, ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH, RELATED TO, OR ARISING OUT OF USE OF THE FCA US SCAN TOOL DATA OR ANY INDIRECT, SPECIALPUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, WITH THE EXCEPTION OF A PARTY’S INDEMNITY OBLIGATIONS, OR BREACH OF CONFIDENTIALITY OBLIGATIONS HEREUNDER, IN NO EVENT WILL LIABILITY OF CORIELL EXCEED THE AGGREGATE AMOUNT OF THE FORM SERVICE FEES OR REIMBURSEMENTS PAYABLE BY IT TO CDI HEREUNDER OR WILL LIABILITY OF ACTION, EVEN IF FCA US HAS BEEN ADVISED CDI WITH RESPECT HERETO EXCEED THE AGGREGATE AMOUNT OF THE POSSIBILITY OF SUCH LOSS SERVICE FEES RECEIVED BY OR DAMAGE. FCA US’S LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE ANNUAL LICENSEE FEE PAID BY LICENSEE UNDER THIS AGREEMENT FOR THE THEN CURRENT YEARPAYABLE TO CDI HEREUNDER.

Disclaimers; Limitation of Liability. LICENSEE ASSUMES TO THE ENTIRE RISK OF USING THE FCA US SCAN TOOL DATA. THE FCA US SCAN TOOL DATA IS LICENSED AND PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STITCH LABS DISCLAIMS ALL WARRANTIES, EXPRESS OR WARRANTIES OF ANY KINDIMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATIONLIMITATION ANY WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT, WITH RESPECT TO THE SERVICES AND STITCH LABS MATERIALS. WITHOUT LIMITING THE FCA US SCAN TOOL DATA IS GENERALITY OF THE FOREGOING, STITCH LABS MAKES NO WARRANTY THAT ANY REFERRAL URLS, STITCH LABS WEBSITES OR THE SERVICES WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) STITCH LABS WILL NOT WARRANTED TO BE DEFECT FREE. FCA US IS NOT LIABLE FOR ANY DAMAGES IN CONNECTION WITH THE LICENSE GRANTED OR THE USE OF THE FCA US SCAN TOOL DATA, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH, RELATED TO, OR ARISING OUT OF USE OF THE FCA US SCAN TOOL DATA OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES PUNITIVE DAMAGES, AND (B) STITCH LABS’ TOTAL LIABILITY ARISING OUT OF THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED ONE HUNDRED DOLLARS (US$100.00). THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, STATUTE, OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, ANY OTHER BASIS AND EVEN IF FCA US A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. FCA US’S LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE ANNUAL LICENSEE FEE PAID BY LICENSEE UNDER THIS AGREEMENT FOR THE THEN CURRENT YEAR.

Disclaimers; Limitation of Liability. LICENSEE ASSUMES THE ENTIRE RISK OF USING THE FCA US SCAN TOOL TOYOTA DIAGNOSTIC DATA. THE FCA US SCAN TOOL TOYOTA DIAGNOSTIC DATA IS LICENSED AND PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE FCA US SCAN TOOL TOYOTA DIAGNOSTIC DATA IS NOT WARRANTED TO BE DEFECT FREE. FCA US TMNA IS NOT LIABLE FOR ANY DAMAGES IN CONNECTION WITH THE LICENSE GRANTED OR THE USE OF THE FCA US SCAN TOOL TOYOTA DIAGNOSTIC DATA, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH, RELATED TO, OR ARISING OUT OF USE OF THE FCA US SCAN TOOL TOYOTA DIAGNOSTIC DATA OR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, EVEN IF FCA US TMNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. FCA USTMNA’S LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, WILL SHALL NOT EXCEED THE ANNUAL LICENSEE FEE PAID BY LICENSEE UNDER THIS AGREEMENT FOR THE THEN CURRENT YEAR.

Disclaimers; Limitation of Liability. LICENSEE ASSUMES (a) THE ENTIRE RISK OF USING EXPRESS WARRANTIES STATED IN THIS AGREEMENT ARE THE FCA US SCAN TOOL DATAONLY WARRANTIES MADE BY SUPPLIER WITH REGARD TO THE PRODUCTS AND SERVICES PROVIDED PURSUANT TO THIS AGREEMENT OR OTHERWISE. THE FCA US SCAN TOOL DATA IS LICENSED SUPPLIER EXPRESSLY DISCLAIMS ANY AND PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS ALL OTHER WARRANTIES, EXPRESS OR WARRANTIES OF ANY KINDIMPLIED, INCLUDING WITHOUT LIMITATION, THE LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. THE FCA US SCAN TOOL DATA IS NOT WARRANTED TO , OR NON-INFRINGEMENT. (b) IN NO EVENT SHALL SUPPLIER BE DEFECT FREE. FCA US IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES IN CONNECTION WITH THE LICENSE GRANTED OR THE USE OF THE FCA US SCAN TOOL DATA, (INCLUDING WITHOUT LIMITATION, ANY DIRECTLOSS OF DATA, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL PROFITS OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH, RELATED TO, REVENUES OR ARISING OUT THE TIME VALUE OF USE OF THE FCA US SCAN TOOL DATA OR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES CUSTOMER’S EMPLOYEES) ARISING OUT OF OR RELATED IN CONNECTION WITH THE PERFORMANCE OR FAILURE OF PERFORMANCE BY SUPPLIER OF ITS OBLIGATIONS UNDER THIS AGREEMENT OR THE SYSTEM OR USE OR INABILITY TO THIS AGREEMENT, USE THE SYSTEM BY CUSTOMER REGARDLESS OF THE FORM OF ACTION, EVEN IF FCA US WHETHER SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGEDAMAGES. FCA USIN NO EVENT WILL SUPPLIER’S LIABILITY EXCEED THE AMOUNT PAID BY CUSTOMER TO SUPPLIER FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, PARTICULAR PRODUCT OR SERVICE TO WHICH SUCH LIABILITY RELATES. (c) THE FOREGOING DISCLAIMERS AND LIMITATIONS WILL NOT EXCEED APPLY TO THE ANNUAL LICENSEE FEE PAID EXTENT PROHIBITED BY LICENSEE UNDER THIS AGREEMENT FOR THE THEN CURRENT YEARAPPLICABLE LAW.

Disclaimers; Limitation of Liability. LICENSEE ASSUMES EXCEPT AS EXPLICITLY STATED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE ENTIRE RISK OF USING THE FCA US SCAN TOOL DATA. THE FCA US SCAN TOOL DATA IS LICENSED AND PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDSERVICES, INCLUDING WITHOUT LIMITATION, THE EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NO WARRANTY IS GIVEN THAT THE SERVICE PROVIDED HEREUNDER IS SECURE, WILL BE CONTINUOUSLY AVAILABLE, OR IS ERROR FREE. THE FCA US SCAN TOOL DATA IS NOT WARRANTED TO BE DEFECT FREE. FCA US IS NOT LIABLE FOR ANY DAMAGES TOTAL LIABILITY OF THE PARTIES IN CONNECTION WITH THE LICENSE GRANTED SERVICE AND/OR THIS AGREEMENT (WHATEVER THE USE OF BASIS FOR THE FCA US SCAN TOOL DATA, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH, RELATED TO, OR ARISING OUT OF USE OF THE FCA US SCAN TOOL DATA OR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORM CAUSE OF ACTION, EVEN IF FCA US HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. FCA US’S LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, ) WILL NOT EXCEED THE ANNUAL LICENSEE FEE FEES RETAILER ACTUALLY PAID TO TRUE FIT FOR THE SERVICE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH LIABILITY FIRST AROSE. RETAILER UNDERSTANDS THAT TRUE FIT IS NOT RESPONSIBLE FOR AND WILL HAVE NO LIABILITY FOR HARDWARE, SOFTWARE, OR OTHER ITEMS OR ANY SERVICES PROVIDED BY LICENSEE UNDER ANY PERSONS OTHER THAN TRUE FIT. RETAILER ACKNOWLEDGES AND AGREES THAT THE LIMITATION OF LIABILITY CONTAINED HEREIN REFLECTS A FAIR ALLOCATION OF RISK THAT IS AGREED TO BY THE PARTIES AND THAT WITHOUT SUCH LIMITATION, THIS AGREEMENT FOR THE THEN CURRENT YEARWOULD NOT HAVE BEEN MADE.

Disclaimers; Limitation of Liability. LICENSEE ASSUMES THE ENTIRE RISK OF USING THE FCA US SCAN TOOL DATA. THE FCA US SCAN TOOL DATA PROGRAM IS LICENSED AND PROVIDED “"AS IS” WITHOUT ." WE AND THE OWNER WILL IN NO EVENT BE LIABLE FOR ANY REPRESENTATIONS LOSS OF DATA, LOSS OF PROFITS, COST OF COVER OR WARRANTIES OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR RELIANCE DAMAGES ARISING FROM OR IN RELATION TO THIS AGREEMENT, OR FOR ANY EQUITABLE REMEDY OF ANY KINDDISGORGEMENT OR OTHERWISE, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. IN NO EVENT WILL OUR (OR THE OWNERS) LIABILITY UNDER THIS AGREEMENT EXCEED THE GREATER OF (I) THE AMOUNT OF FEES DUE AND PAYABLE BY US TO YOU UNDER THIS AGREEMENT FOR THE TWELVE-MONTH PERIOD PRECEDING THE CLAIM AND (II) FIFTY DOLLARS ($50.00). WE SPECIFICALLY DISCLAIM, WITH RESPECT TO ALL SERVICES, SOFTWARE, CONTENT OR PRODUCTS PROVIDED BY OR ON BEHALF OF US IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. THE FCA US SCAN TOOL DATA IS NOT WARRANTED TO BE DEFECT FREE. FCA US IS NOT LIABLE FOR ANY DAMAGES IN CONNECTION WITH THE LICENSE GRANTED OR THE USE OF THE FCA US SCAN TOOL DATA, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH, RELATED TO, OR ARISING OUT OF USE OF THE FCA US SCAN TOOL DATA OR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, EVEN IF FCA US HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. FCA US’S LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE ANNUAL LICENSEE FEE PAID BY LICENSEE UNDER THIS AGREEMENT FOR THE THEN CURRENT YEAR.AND NON-

Disclaimers; Limitation of Liability. LICENSEE ASSUMES THE ENTIRE RISK OF USING THE FCA US SCAN TOOL DATAPIN shall have no liability to Dealer for any damages resulting from any interruptions, delays, inadequacies, errors or omissions relating to the Services. THE FCA US SCAN TOOL DATA IS LICENSED AND PROVIDED “AS IS” WITHOUT IN NO EVENT SHALL PIN HAVE ANY REPRESENTATIONS LIABILITY UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT, TORT OR WARRANTIES OF ANY KINDOTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE FCA US SCAN TOOL DATA IS NOT WARRANTED TO BE DEFECT FREE. FCA US IS NOT LIABLE LOST PROFITS OR FOR ANY DAMAGES IN CONNECTION WITH THE LICENSE GRANTED OR THE USE OF THE FCA US SCAN TOOL DATA, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH, RELATED TO, OR ARISING OUT OF USE OF THE FCA US SCAN TOOL DATA OR ANY INDIRECT, SPECIAL, EXEMPLARYPUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER OR CONSEQUENTIAL DAMAGES ARISING OUT NOT CAUSED BY THE NEGLIGENCE OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTIONPIN, EVEN IF FCA US PIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS DAMAGES. NOTWITHSTANDING THE FOREGOING, PIN’S MAXIMUM LIABILITY TO DEALER FOR ANY DAMAGES WITH RESPECT TO THE SERVICES OR DAMAGEOTHERWISE UNDER THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (X) AGGREGATE TOTAL FEES PAID BY DEALER TO PIN UNDER ANY INVOICE FOR THE SERVICES, AND (Y) TWENTY FIVE THOUSAND DOLLARS ($25,000.00). FCA USNOTWITHSTANDING ANYTHING IN THIS SECTION, THE LIMITATION IN THE PRECEDING SENTENCE SHALL NOT APPLY TO LIMIT PIN’S LIABILITY FOR DAMAGES, REGARDLESS DAMAGES (I) ARISING AS A RESULT OF THE FORM A BREACH INCIDENT OR (II) UNDER SECTION 10 OF ACTION, WILL NOT EXCEED THE ANNUAL LICENSEE FEE PAID BY LICENSEE UNDER THIS AGREEMENT FOR THE THEN CURRENT YEAR.ATTACHMENT A.

Disclaimers; Limitation of Liability. LICENSEE ASSUMES TO THE ENTIRE RISK OF USING THE FCA US SCAN TOOL DATA. THE FCA US SCAN TOOL DATA IS LICENSED MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND PROVIDED “EXCEPT AS IS” WITHOUT OTHERWISE EXPRESSLY SET FORTH HEREIN, UNITED COSTUME HAS NOT MADE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT OT THE WARDROBE, INCLUDING, WITHOUT LIMITATION: REGARDING TITLE, NON-INFRINGEMENT, MERCHANTIBILTY, FITNESS FOR USE FOR A PARTICULAR PURPOSE, COURSE OF DEALING, OR USAGE OF TRADE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, UNDER NO CIRCUMSTANCE SHALL UNITED COSTUME BE LIABLE TO COMPANY (OR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM COMPANY) FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATIONLOST PROFITS, THE IMPLIED WARRANTIES LOSS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE FCA US SCAN TOOL DATA IS NOT WARRANTED TO BE DEFECT FREE. FCA US IS NOT LIABLE FOR ANY DAMAGES IN CONNECTION WITH THE LICENSE GRANTED OR THE USE OF THE FCA US SCAN TOOL DATA, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH, RELATED TOBUSINESS, OR ARISING OUT OF USE OF THE FCA US SCAN TOOL DATA OR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, EVEN IF FCA US HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. FCA US’S LIABILITY FOR OTHER ECONOMIC DAMAGES, REGARDLESS OF WHETHER THE FORM PARTY ALLEGEDLY LIABLE WAS ADVISED, HAD REASON TO KNOW, OR IN FACT KNEW OF ACTION, WILL NOT THE POSSIBILITY THEREOF. IN NO EVENT MAY UNITED COSTUME’S MAXIMUM AGGREGATE LIABILITY UNDER THE AGREEMENT EXCEED THE ANNUAL LICENSEE FEE TOTAL AMOUNT OF FEES ACTUALLY PAID BY LICENSEE COMPANY TO UNITED COSTUME UNDER THIS THE AGREEMENT FOR IN THE THEN CURRENT YEARTWELVE MONTHS PRECEEDING SUCH CLAIM.