Common use of Disclaimers; Limitation of Liability Clause in Contracts

Disclaimers; Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OR PROVIDES ANY REMEDY TO THE OTHER PARTY, AND ALL OTHER REPRESENTATIONS, WARRANTIES AND REMEDIES WHATSOEVER AND HOWEVER THEY MAY BE CLAIMED, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR A PARTY’S INDEMNITY OBLIGATIONS, OR BREACH OF CONFIDENTIALITY OBLIGATIONS, HEREUNDER, ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, 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 SERVICE FEES OR REIMBURSEMENTS PAYABLE BY IT TO CDI HEREUNDER OR WILL LIABILITY OF CDI WITH RESPECT HERETO EXCEED THE AGGREGATE AMOUNT OF THE SERVICE FEES RECEIVED BY OR PAYABLE TO CDI HEREUNDER.

Disclaimers; Limitation of Liability. EXCEPT THE PROGRAM IS PROVIDED "AS EXPRESSLY SET FORTH HEREINIS." WE AND THE OWNER WILL IN NO EVENT BE LIABLE FOR ANY LOSS OF DATA, NEITHER PARTY MAKES ANY REPRESENTATION LOSS OF PROFITS, COST OF COVER OR WARRANTYOTHER SPECIAL, EXPRESS INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR IMPLIEDRELIANCE DAMAGES ARISING FROM OR IN RELATION TO THIS AGREEMENT, OR PROVIDES FOR ANY EQUITABLE REMEDY OF DISGORGEMENT OR OTHERWISE, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. IN NO EVENT WILL OUR (OR OWNER) 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 OTHER PARTYTWELVE-MONTH PERIOD PRECEDING THE CLAIM AND (II) FIFTY DOLLARS ($50.00). WE SPECIFICALLY DISCLAIM, AND WITH RESPECT TO ALL OTHER REPRESENTATIONSSERVICES, WARRANTIES AND REMEDIES WHATSOEVER AND HOWEVER THEY MAY BE CLAIMEDSOFTWARE, EXPRESS CONTENT OR PRODUCTS PROVIDED BY OR ON BEHALF OF US IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT FOR YOU AGREE THAT WE CANNOT ENSURE THAT EDITIONS OF YOUR USER GENERATED CONDITIONS WILL BE PROTECTED FROM THEFT OR MISUSE OR THAT CUSTOMERS WILL COMPLY WITH ANY CONTENT USAGE RULES. ONEBOOKSHELF WILL HAVE NO LIABILITY ARISING FROM A PARTY’S INDEMNITY OBLIGATIONSFAILURE OF ANY SECURITY SYSTEM OR PROCEDURE OR OF ANY CUSTOMER TO COMPLY WITH ANY CONTENT USAGE RULES. WE CANNOT GUARANTEE THAT OUR SYSTEMS WILL ALWAYS BE AVAILABLE, AND WE WILL HAVE NO LIABILITY ARISING FROM SYSTEM OR BREACH PROCESS FAILURES, INTERRUPTIONS, INACCURACIES, ERRORS OR LATENCIES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CONFIDENTIALITY OBLIGATIONS, HEREUNDER, ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. NOTWITHSTANDING ANYTHING IMPLIED WARRANTIES; AS SUCH THE FOREGOING DISCLAIMER MAY NOT APPLY TO THE CONTRARY HEREIN, WITH THE EXCEPTION OF A PARTY’S INDEMNITY OBLIGATIONS, OR BREACH OF CONFIDENTIALITY OBLIGATIONS HEREUNDER, YOU IN NO EVENT WILL LIABILITY OF CORIELL EXCEED THE AGGREGATE AMOUNT OF THE SERVICE FEES OR REIMBURSEMENTS PAYABLE BY IT TO CDI HEREUNDER OR WILL LIABILITY OF CDI WITH RESPECT HERETO EXCEED THE AGGREGATE AMOUNT OF THE SERVICE FEES RECEIVED BY OR PAYABLE TO CDI HEREUNDERITS ENTIRETY.

Disclaimers; Limitation of Liability. EXCEPT AS EXPRESSLY FOR ANY LIMITED PERFORMANCE WARRANTY FOR END- CONSUMER PURCHASERS OF THE PRODUCTS SET FORTH HEREININ THE CAVUS-SUPPLIED DOCUMENTATION ACCOMPANYING THE PRODUCTS (IF ANY), NEITHER PARTY MAKES THE PRODUCTS AND ANY OTHER RIGHTS, GOODS, SERVICES, INTELLECTUAL PROPERTY AND/OR INFORMATION PROVIDED BY OR ON BEHALF OF CAVUS HEREUNDER ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT GUARANTEE, REPRESENTATION OR WARRANTYWARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR PROVIDES ANY REMEDY TO THE OTHER PARTY, AND ALL OTHER REPRESENTATIONS, WARRANTIES AND REMEDIES WHATSOEVER AND HOWEVER THEY MAY BE CLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED AS TO ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY OR TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR , SATISFACTORY QUALITY, QUIET ENJOYMENT OR ARISING FROM A PARTY’S INDEMNITY OBLIGATIONSCOURSE OF DEALING OR USAGE OF TRADE, OR BREACH OF CONFIDENTIALITY OBLIGATIONSAND CAVUS HEREBY EXPRESSLY DISCLAIMS ALL SUCH GUARANTEES, REPRESENTATIONS AND WARRANTIES HEREUNDER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE ENTIRE SUBJECT MATTER OF THIS Cavus International, Inc. Dealer Agreement AGREEMENT, INCLUDING THE PRODUCTS. UNDER NO CIRCUMSTANCES SHALL CAVUS BE LIABLE TO DEALER, ANY CUSTOMER OF DEALER OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY MANNER IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, INCLUDING IN CONNECTION WITH THE EXCEPTION MANUFACTURE, DISTRIBUTION, SALE OR USE OF A PARTY’S INDEMNITY OBLIGATIONSANY OF THE PRODUCTS, REGARDLESS OF THE FORM OF ACTION OR BREACH THE BASIS OF CONFIDENTIALITY OBLIGATIONS THE CLAIM OR WHETHER OR NOT CAVUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS OR OPPORTUNITY, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES. IN THE EVENT THAT CAVUS, FOR ANY REASON, SHALL BE HELD LIABLE FOR DAMAGES HEREUNDER, IN NO EVENT WILL NOTWITHSTANDING THE FOREGOING LIMITATION, THE MAXIMUM AGGREGATE LIABILITY OF CORIELL EXCEED CAVUS FOR DAMAGES UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF THE SERVICE FEES OR REIMBURSEMENTS PAYABLE BY IT TO CDI HEREUNDER OR WILL LIABILITY OF CDI WITH RESPECT HERETO EXCEED THE AGGREGATE AMOUNT OF THE SERVICE FEES ACTUALLY RECEIVED BY CAVUS FROM DEALER UNDER THIS AGREEMENT FOR THE NINETY (90) DAY PERIOD PRIOR TO THE DATE THAT THE CLAIM OR PAYABLE TO CDI HEREUNDERACTION FIRST AROSE.

Disclaimers; Limitation of Liability. EXCEPT FOR THE PURPOSES OF THIS AGREEMENT AND WITHOUT LIMITING ANY REPRESENTATIONS OR WARRANTIES MADE UNDER THE PURCHASE AGREEMENT, THE LICENSES GRANTED HEREIN ARE MADE ON AN “AS EXPRESSLY SET FORTH HEREINIS” BASIS, NEITHER PARTY MAKES AND THE CDES GROUP AND THE MTS GROUP HEREBY DISCLAIM ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IMPLIED REPRESENTATIONS OR PROVIDES ANY REMEDY TO THE OTHER PARTY, AND ALL OTHER REPRESENTATIONS, WARRANTIES AND REMEDIES WHATSOEVER AND HOWEVER THEY MAY BE CLAIMED, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR A PARTY’S INDEMNITY OBLIGATIONS, OR BREACH OF CONFIDENTIALITY OBLIGATIONSNON-INFRINGEMENT. NOTWITHSTANDING THE FOREGOING, HEREUNDERNOTHING IN THIS SECTION 2.04 SHALL MODIFY, ALTER, OR LIMIT IN ANY SPECIALMANNER THE REPRESENTATIONS, PUNITIVEWARRANTIES, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS COVENANTS AND REMEDIES UNDER THE PURCHASE AGREEMENT, ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY HEREIN, WITH THE EXCEPTION OF A PARTY’S INDEMNITY OBLIGATIONS, OR BREACH OF CONFIDENTIALITY OBLIGATIONS HEREUNDERCONTRARY, IN NO EVENT WILL SHALL ANY PARTY HERETO BE LIABLE FOR ANY LOST PROFITS, LOST REVENUES, LOST OPPORTUNITIES, AMOUNTS BASED ON MULTIPLES OF LOST EARNINGS, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR LOST REVENUES) OF ANY OTHER PARTY HERETO, ITS SUCCESSORS, ASSIGNS OR ITS RESPECTIVE AFFILIATES, TO THE EXTENT AS A RESULT OF OR ARISING FROM THIS AGREEMENT, REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN TORT, CONTRACT, BREACH OF CORIELL EXCEED THE AGGREGATE AMOUNT OF THE SERVICE FEES WARRANTY OR REIMBURSEMENTS PAYABLE BY IT TO CDI HEREUNDER OR WILL LIABILITY OF CDI WITH RESPECT HERETO EXCEED THE AGGREGATE AMOUNT OF THE SERVICE FEES RECEIVED BY OR PAYABLE TO CDI HEREUNDEROTHERWISE.

Disclaimers; Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREIN, NEITHER IN NO EVENT WILL EITHER PARTY MAKES BE LIABLE FOR ANY REPRESENTATION LOST REVENUES OR WARRANTY, EXPRESS OR IMPLIEDPROFITS, OR PROVIDES ANY REMEDY TO THE OTHER PARTYINDIRECT, AND ALL OTHER REPRESENTATIONS, WARRANTIES AND REMEDIES WHATSOEVER AND HOWEVER THEY MAY BE CLAIMED, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR A PARTY’S INDEMNITY OBLIGATIONS, OR BREACH OF CONFIDENTIALITY OBLIGATIONS, HEREUNDER, ANY SPECIAL, PUNITIVEINCIDENTAL, EXEMPLARYCONSEQUENTIAL, INCIDENTAL PUNITIVE OR CONSEQUENTIAL EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES PERFORMED UNDER THIS AGREEMENT, ARE HEREBY EXPRESSLY DISCLAIMED EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL CUMULATIVE LIABILITY OF EACH PARTY FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CAUSE OF ACTION ARISING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE TOTAL AMOUNT PAID TO TEMPUS UNDER THIS AGREEMENT. THE ABOVE LIMITATIONS, DISCLAIMERS AND EXCLUDED. NOTWITHSTANDING ANYTHING EXCLUSIONS DO NOT APPLY TO (A) ANY VIOLATION OF THE CONTRARY HEREINCONFIDENTIALITY OR PAYMENT OBLIGATIONS UNDER THIS AGREEMENT, WITH THE EXCEPTION OF (B) INDEMNIFICATION OBLIGATIONS ARISING UNDER SECTION 8.a (CLIENT INDEMNIFICATION OBLIGATIONS) AND SECTION 8.b (TEMPUS INDEMNIFICATION OBLIGATIONS) OR (C) ATTRIBUTABLE TO A PARTY’S INDEMNITY OBLIGATIONSFRAUD, OR BREACH GROSS NEGLIGENCE, WILFUL MISCONDUCT (INCLUDING IN THE CASE OF CONFIDENTIALITY OBLIGATIONS HEREUNDERCLIENT, IN NO EVENT WILL LIABILITY OF CORIELL EXCEED THE AGGREGATE AMOUNT WITH RESPECT TO ITS USE OF THE SERVICE FEES OR REIMBURSEMENTS PAYABLE BY IT TO CDI HEREUNDER OR WILL LIABILITY OF CDI WITH RESPECT HERETO EXCEED THE AGGREGATE AMOUNT OF THE SERVICE FEES RECEIVED BY OR PAYABLE TO CDI HEREUNDERLICENSED DATA).

Disclaimers; Limitation of Liability. EXCEPT THE ACQUISITION OF TOKENS UNDER THIS AGREEMENT, THE USE OF TOKENS AND THE PLATFORM ARE PROVIDED ON AN „AS EXPRESSLY SET FORTH HEREINIS‟ AND „AS AVAILABLE‟ BASIS. THE COMPANY AND ANY RELATED ENTITIES MAKE NO REPRESENTATIONS OF ANY KIND, NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTYEXPRESS, EXPRESS OR IMPLIED, STATUTORY OR PROVIDES OTHERWISE REGARDING THE ACQUISITION OF TOKENS UNDER THIS AGREEMENT, AND THE PLATFORM INCLUDING ANY REMEDY WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS OR THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE OTHER PARTYEXTENT PROHIBITED BY LAW, THE COMPANY, ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, ATTORNEYS, REPRESENTATIVES, AFFILIATES AND ALL OTHER REPRESENTATIONS, WARRANTIES AND REMEDIES WHATSOEVER AND HOWEVER THEY MAY BE CLAIMED, EXPRESS ASSOCIATES DO NOT ACCEPT ANY LIABILITY FOR ANY DAMAGE OR IMPLIEDLOSS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES LOSS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR A PARTY’S INDEMNITY OBLIGATIONSBUSINESS, REVENUE, OR BREACH PROFITS, OR LOSS OF CONFIDENTIALITY OBLIGATIONSOR DAMAGE TO DATA, HEREUNDEREQUIPMENT, ANY SPECIALOR SOFTWARE (DIRECT, INDIRECT, PUNITIVE, EXEMPLARYACTUAL, INCIDENTAL CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OTHERWISE), RESULTING FROM ANY USE OF, OR INABILITY TO USE TOKENS, THE PLATFORM OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES OR CONTENT ON THE PLATFORM, AS WELL AS FROM ACQUISITION OF TOKENS, REGARDLESS OF THE BASIS UPON WHICH THE LIABILITY IS CLAIMED. THE INVESTOR ASSUMES ALL RISK OF LOSS RESULTING FROM, CONCERNING OR ASSOCIATED WITH RISKS SET FORTH IN THIS AGREEMENT, WHICH 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 SERVICE FEES OR REIMBURSEMENTS PAYABLE INCORPORATED BY IT TO CDI HEREUNDER OR WILL LIABILITY OF CDI WITH RESPECT HERETO EXCEED THE AGGREGATE AMOUNT OF THE SERVICE FEES RECEIVED BY OR PAYABLE TO CDI HEREUNDERREFERENCE INTO THIS AGREEMENT.

Disclaimers; Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREINCCC DOES NOT MAKE ANY REPRESENTATIONS, NEITHER PARTY MAKES ANY REPRESENTATION WARRANTIES, OR WARRANTYCONDITIONS, EXPRESS OR EXPRESS, IMPLIED, OR PROVIDES ANY REMEDY STATUTORY, WITH RESPECT TO THE OTHER PARTYEVENT AND MAKES NO WARRANTY THAT (A) THE EVENT WILL MEET YOUR OR MEMBER COMPANY’S NEEDS; OR (B) ANY INFORMATION OBTAINED THROUGH THE EVENT WILL BE ACCURATE, AND ALL OTHER REPRESENTATIONSCOMPLETE, WARRANTIES AND REMEDIES WHATSOEVER AND HOWEVER THEY MAY BE CLAIMED, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR A PARTY’S INDEMNITY OBLIGATIONSRELIABLE, OR BREACH OF CONFIDENTIALITY OBLIGATIONS, HEREUNDER, ERROR FREE. YOUR PARTICIPATION IN THE EVENT IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL DAMAGE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDEDLOSS THAT RESULTS THEREFROM. 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 CCC (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, SPONSORS, CONTRACTORS, MEMBERS, OR AGENTS) BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES OR LOST PROFITS OR OPPORTUNITIES ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN THE EVENT, EVEN IF CCC HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER THIS SECTION, CCC’S MAXIMUM, AGGREGATE LIABILITY TO YOU AND MEMBER COMPANY, AND YOUR AND MEMBER COMPANY’S EXCLUSIVE REMEDY FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF CORIELL ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THE EVENT OR THIS AGREEMENT WILL NOT EXCEED THE AGGREGATE GREATER OF: THE AMOUNT YOU PAID TO CCC TO ATTEND THE EVENT OR $100. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN ADDITION TO THE FOREGOING, CCC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE EVENT OR THE EVENT VENUE IS FREE OF ANY VIRUS, CONTAGION, OR DISEASE, OR THAT THE SERVICE FEES EVENT SPACE WILL BE RESTRICTED FROM ENTRY OR REIMBURSEMENTS PAYABLE BY IT PASSAGE TO CDI HEREUNDER PARTICIPANTS EXCLUSIVELY, AND EXPLICITLY DISCLAIMS ALL RESPONSIBILITY FOR THE EVENT OR WILL LIABILITY OF CDI WITH RESPECT HERETO EXCEED THE AGGREGATE AMOUNT OF EVENT VENUE BEING FREE FROM EXPOSURE TO THE SERVICE FEES RECEIVED BY COVID-19 VIRUS, INCLUDING ANY MUTATION THEREOF, OR PAYABLE TO CDI HEREUNDERANY OTHER VIRUS OR DISEASE, AND RELIES ON GUIDANCE FROM THE APPLICABLE LOCAL AND FEDERAL AUTHORITIES, AS WELL AS THE HOST FACILITY, IN MAKING ITS DECISIONS ABOUT THE EVENT.

Disclaimers; Limitation of Liability. EXCEPT AS EXPRESSLY FOR ANY LIMITED PERFORMANCE WARRANTY FOR END- CONSUMER PURCHASERS OF THE PRODUCTS SET FORTH HEREININ THE CAVUS-SUPPLIED DOCUMENTATION ACCOMPANYING THE PRODUCTS (IF ANY), NEITHER PARTY MAKES THE PRODUCTS AND ANY OTHER RIGHTS, GOODS, SERVICES, INTELLECTUAL PROPERTY AND/OR INFORMATION PROVIDED BY OR ON BEHALF OF CAVUS HEREUNDER ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT GUARANTEE, REPRESENTATION OR WARRANTYWARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR PROVIDES ANY REMEDY TO THE OTHER PARTY, AND ALL OTHER REPRESENTATIONS, WARRANTIES AND REMEDIES WHATSOEVER AND HOWEVER THEY MAY BE CLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED AS TO ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY OR TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR , SATISFACTORY QUALITY, QUIET ENJOYMENT OR ARISING FROM A PARTY’S INDEMNITY OBLIGATIONSCOURSE OF DEALING OR USAGE OF TRADE, OR BREACH OF CONFIDENTIALITY OBLIGATIONSAND CAVUS HEREBY EXPRESSLY DISCLAIMS ALL SUCH GUARANTEES, REPRESENTATIONS AND WARRANTIES HEREUNDER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE ENTIRE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE PRODUCTS. UNDER NO CIRCUMSTANCES SHALL CAVUS BE LIABLE TO DEALER, ANY CUSTOMER OF DEALER OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY MANNER IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, INCLUDING IN CONNECTION WITH THE EXCEPTION MANUFACTURE, DISTRIBUTION, SALE OR USE OF A PARTY’S INDEMNITY OBLIGATIONSANY OF THE PRODUCTS, REGARDLESS OF THE FORM OF ACTION OR BREACH THE BASIS OF CONFIDENTIALITY OBLIGATIONS THE CLAIM OR WHETHER OR NOT CAVUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS OR OPPORTUNITY, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES. IN THE EVENT THAT CAVUS, FOR ANY REASON, SHALL BE HELD LIABLE FOR DAMAGES HEREUNDER, IN NO EVENT WILL NOTWITHSTANDING THE FOREGOING LIMITATION, THE MAXIMUM AGGREGATE LIABILITY OF CORIELL EXCEED CAVUS FOR DAMAGES UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF THE SERVICE FEES OR REIMBURSEMENTS PAYABLE BY IT TO CDI HEREUNDER OR WILL LIABILITY OF CDI WITH RESPECT HERETO EXCEED THE AGGREGATE AMOUNT OF THE SERVICE FEES ACTUALLY RECEIVED BY CAVUS FROM DEALER UNDER THIS AGREEMENT FOR THE NINETY (90) DAY PERIOD PRIOR TO THE DATE THAT THE CLAIM OR PAYABLE TO CDI HEREUNDERACTION FIRST AROSE.

Disclaimers; Limitation of Liability. DUE TO THE INHERENT UNRELIABILITY OF COMMUNICATIONS NETWORKS, SPECTRIO WILL HAVE NO LIABILITY TO CLIENT OR ANY THIRD PARTY FOR ANY INTERRUPTION OF THE SPECTRIO SERVICES CAUSED BY EQUIPMENT FAILURE, NETWORK INTERRUPTION, OR ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF SPECTRIO. THE EQUIPMENT AND SPECTRIO SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” EXCEPT AS EXPRESSLY SET FORTH STATED IN THIS MSA, NO WARRANTIES, CONDITIONS, GUARANTEES, OR REPRESENTATIONS (AS USED HEREIN, NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY“WARRANTIES”) ARE MADE AS TO MERCHANTABILITY, EXPRESS OR IMPLIED, OR PROVIDES ANY REMEDY TO THE OTHER PARTY, AND ALL OTHER REPRESENTATIONS, WARRANTIES AND REMEDIES WHATSOEVER AND HOWEVER THEY MAY BE CLAIMED, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR A PARTY’S INDEMNITY OBLIGATIONS, NON- INFRINGEMENT, OR BREACH ARISING FROM A COURSE OF CONFIDENTIALITY OBLIGATIONSDEALING, HEREUNDERTITLE, ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT USAGE OF THIS AGREEMENT, ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, WITH THE EXCEPTION OF A PARTY’S INDEMNITY OBLIGATIONSTRADE, OR BREACH COURSE OF CONFIDENTIALITY OBLIGATIONS HEREUNDERPERFORMANCE OR OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, IN LAW OR IN FACT, ORAL OR IN WRITING. EACH PARTY HEREBY ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY WARRANTY MADE BY THE OTHER EXCEPT AS SPECIFICALLY SET FORTH IN THIS MSA. IN NO EVENT WILL SPECTRIO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS OR REVENUE, OR LOSS OF DATA, HOWEVER CAUSED, WHETHER IN AN ACTION OR CLAIM ARISING IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION OR CLAIM ARISING FROM OR RELATED TO THIS AGREEMENT, WHETHER OR NOT SPECTRIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL SPECTRIO’S AGGREGATE LIABILITY, IF ANY, INCLUDING LIABILITY ARISING OUT OF CORIELL CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR WARRANTY, OR OTHERWISE, EXCEED THE AGGREGATE AMOUNT FEES PAID UNDER THIS AGREEMENT FOR THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE ACCRUAL OF THE SERVICE FEES OR REIMBURSEMENTS PAYABLE BY IT TO CDI HEREUNDER OR WILL LIABILITY OF CDI WITH RESPECT HERETO EXCEED CLAIM OR, IF THAT PERIOD IS LESS THAN TWELVE (12) MONTHS, THE AGGREGATE AMOUNT OF THE SERVICE FEES RECEIVED BY THAT WOULD HAVE BEEN PAID OR PAYABLE HAD THE AGREEMENT BEEN IN EFFECT FOR A TWELVE (12) MONTH PERIOD PRIOR TO CDI HEREUNDERTHE ACCRUAL OF SUCH CLAIM.

Disclaimers; Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, NEITHER PARTY MAKES UNITED COSTUME HAS NOT MADE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATION REPRESENTATIONS OR WARRANTYWARRANTIES, EXPRESS OR IMPLIED, OR PROVIDES ANY REMEDY TO WITH RESPECT OT THE OTHER PARTYWARDROBE, AND ALL OTHER REPRESENTATIONSINCLUDING, WARRANTIES AND REMEDIES WHATSOEVER AND HOWEVER THEY MAY BE CLAIMEDWITHOUT LIMITATION: REGARDING TITLE, EXPRESS OR IMPLIEDNON-INFRINGEMENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTIBILTY, FITNESS FOR USE FOR A PARTICULAR PURPOSE. EXCEPT FOR A PARTY’S INDEMNITY OBLIGATIONS, COURSE OF DEALING, OR BREACH USAGE OF CONFIDENTIALITY OBLIGATIONSTRADE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, HEREUNDERUNDER NO CIRCUMSTANCE SHALL UNITED COSTUME BE LIABLE TO COMPANY (OR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM COMPANY) FOR INDIRECT, ANY INCIDENTAL, CONSEQUENTIAL SPECIAL, PUNITIVE, EXEMPLARYOR EXEMPLARY DAMAGES OF ANY KIND, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT INCLUDING LOST PROFITS, LOSS OF THIS AGREEMENT, ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, WITH THE EXCEPTION OF A PARTY’S INDEMNITY OBLIGATIONSBUSINESS, OR BREACH OTHER ECONOMIC DAMAGES, REGARDLESS OF CONFIDENTIALITY OBLIGATIONS HEREUNDERWHETHER THE PARTY ALLEGEDLY LIABLE WAS ADVISED, HAD REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. IN NO EVENT WILL MAY UNITED COSTUME’S MAXIMUM AGGREGATE LIABILITY OF CORIELL UNDER THE AGREEMENT EXCEED THE AGGREGATE TOTAL AMOUNT OF FEES ACTUALLY PAID BY COMPANY TO UNITED COSTUME UNDER THE SERVICE FEES OR REIMBURSEMENTS PAYABLE BY IT TO CDI HEREUNDER OR WILL LIABILITY OF CDI WITH RESPECT HERETO EXCEED AGREEMENT IN THE AGGREGATE AMOUNT OF THE SERVICE FEES RECEIVED BY OR PAYABLE TO CDI HEREUNDERTWELVE MONTHS PRECEEDING SUCH CLAIM.

Disclaimers; Limitation of Liability. EACH PARTY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING FOR NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, REGARDLESS OF THE THEORY OR TYPE OF CLAIM: (a) EXCEPT AS EXPRESSLY SET FORTH HEREINFOR BREACH(ES) OF SECTIONS 4, 7.1, 8 AND/OR INDEMNIFICATION OBLIGATIONS HEREUNDER FOR ANY ACTUAL OR ALLEGED BREACH, NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OR PROVIDES ANY REMEDY TO THE OTHER PARTY, AND ALL OTHER REPRESENTATIONS, WARRANTIES AND REMEDIES WHATSOEVER AND HOWEVER THEY MAY BE CLAIMED, EXPRESS HELD LIABLE UNDER THIS AGREEMENT OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR A PARTY’S INDEMNITY OBLIGATIONS, OR BREACH OF CONFIDENTIALITY OBLIGATIONS, HEREUNDER, ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO PERFORMANCE OF THIS AGREEMENT, ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, WITH THE EXCEPTION AGREEMENT FOR ANY LOSS OF A PARTY’S INDEMNITY OBLIGATIONSPROFIT OR REVENUE, OR BREACH ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THE PARTY IS AWARE OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE; (b) OTHER THAN PAYMENT OBLIGATIONS UNDER THIS AGREEMENT AND EXCEPT FOR BREACH(ES) OF CONFIDENTIALITY SECTIONS 4, 7.1, 8 AND/OR INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT EACH PARTY’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO BREACH OF THIS AGREEMENT WITH RESPECT TO THE PROVISION OF ANY SERVICE WILL LIABILITY OF CORIELL NOT EXCEED THE AGGREGATE TOTAL AMOUNT OF FEES (EXCLUSIVE OF THE SERVICE FEES OR REIMBURSEMENTS PAYABLE BY IT COST OF AD INVENTORY) PAID TO CDI HEREUNDER OR WILL LIABILITY OF CDI US FROM YOU WITH RESPECT HERETO EXCEED TO SUCH SERVICE DURING THE AGGREGATE AMOUNT OF TWELVE (12) MONTHS BEFORE THE SERVICE FEES RECEIVED BY OR PAYABLE TO CDI HEREUNDERDATE WHEN THE LIABILITY AROSE.

Disclaimers; Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREINEXPLICITLY STATED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTYWARRANTIES, EXPRESS OR IMPLIED, OR PROVIDES ANY REMEDY WITH RESPECT TO THE OTHER PARTYSERVICES, AND ALL OTHER REPRESENTATIONS, WARRANTIES AND REMEDIES WHATSOEVER AND HOWEVER THEY MAY BE CLAIMED, INCLUDING EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT. EXCEPT FOR A PARTY’S INDEMNITY OBLIGATIONSWITHOUT LIMITING THE FOREGOING, NO WARRANTY IS GIVEN THAT THE SERVICE PROVIDED HEREUNDER IS SECURE, WILL BE CONTINUOUSLY AVAILABLE, OR BREACH IS ERROR FREE. THE TOTAL LIABILITY OF CONFIDENTIALITY OBLIGATIONS, HEREUNDER, ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, PARTIES IN CONNECTION WITH THE EXCEPTION SERVICE AND/OR THIS AGREEMENT (WHATEVER THE BASIS FOR THE CAUSE OF A PARTY’S INDEMNITY OBLIGATIONSACTION) WILL NOT EXCEED THE 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 BREACH OTHER ITEMS OR ANY SERVICES PROVIDED BY ANY PERSONS OTHER THAN TRUE FIT. RETAILER ACKNOWLEDGES AND AGREES THAT THE LIMITATION OF CONFIDENTIALITY OBLIGATIONS HEREUNDERLIABILITY CONTAINED HEREIN REFLECTS A FAIR ALLOCATION OF RISK THAT IS AGREED TO BY THE PARTIES AND THAT WITHOUT SUCH LIMITATION, IN NO EVENT WILL LIABILITY OF CORIELL EXCEED THE AGGREGATE AMOUNT OF THE SERVICE FEES OR REIMBURSEMENTS PAYABLE BY IT TO CDI HEREUNDER OR WILL LIABILITY OF CDI WITH RESPECT HERETO EXCEED THE AGGREGATE AMOUNT OF THE SERVICE FEES RECEIVED BY OR PAYABLE TO CDI HEREUNDERTHIS AGREEMENT WOULD NOT HAVE BEEN MADE.

Disclaimers; Limitation of Liability. EXCEPT THE PROGRAM IS PROVIDED "AS EXPRESSLY SET FORTH HEREINIS." WE AND THE OWNER WILL IN NO EVENT BE LIABLE FOR ANY LOSS OF DATA, NEITHER PARTY MAKES ANY REPRESENTATION LOSS OF PROFITS, COST OF COVER OR WARRANTYOTHER SPECIAL, EXPRESS INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR IMPLIEDRELIANCE DAMAGES ARISING FROM OR IN RELATION TO THIS AGREEMENT, OR PROVIDES FOR ANY EQUITABLE REMEDY OF DISGORGEMENT 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 OTHER PARTYTWELVE-MONTH PERIOD PRECEDING THE CLAIM AND (II) FIFTY DOLLARS ($50.00). WE SPECIFICALLY DISCLAIM, AND WITH RESPECT TO ALL OTHER REPRESENTATIONSSERVICES, WARRANTIES AND REMEDIES WHATSOEVER AND HOWEVER THEY MAY BE CLAIMEDSOFTWARE, EXPRESS CONTENT OR PRODUCTS PROVIDED BY OR ON BEHALF OF US IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. EXCEPT FOR YOU AGREE THAT WE CANNOT ENSURE THAT EDITIONS OF YOUR USER GENERATED CONTENT WILL BE PROTECTED FROM THEFT OR MISUSE OR THAT CUSTOMERS WILL COMPLY WITH ANY CONTENT USAGE RULES. ONEBOOKSHELF WILL HAVE NO LIABILITY ARISING FROM A PARTY’S INDEMNITY OBLIGATIONSFAILURE OF ANY SECURITY SYSTEM OR PROCEDURE OR OF ANY CUSTOMER TO COMPLY WITH ANY CONTENT USAGE RULES. WE CANNOT GUARANTEE THAT OUR SYSTEMS WILL ALWAYS BE AVAILABLE, AND WE WILL HAVE NO LIABILITY ARISING FROM SYSTEM OR BREACH PROCESS FAILURES, INTERRUPTIONS, INACCURACIES, ERRORS OR LATENCIES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CONFIDENTIALITY OBLIGATIONS, HEREUNDER, ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. NOTWITHSTANDING ANYTHING IMPLIED WARRANTIES; AS SUCH THE FOREGOING DISCLAIMER MAY NOT APPLY TO THE CONTRARY HEREIN, WITH THE EXCEPTION OF A PARTY’S INDEMNITY OBLIGATIONS, OR BREACH OF CONFIDENTIALITY OBLIGATIONS HEREUNDER, YOU IN NO EVENT WILL LIABILITY OF CORIELL EXCEED THE AGGREGATE AMOUNT OF THE SERVICE FEES OR REIMBURSEMENTS PAYABLE BY IT TO CDI HEREUNDER OR WILL LIABILITY OF CDI WITH RESPECT HERETO EXCEED THE AGGREGATE AMOUNT OF THE SERVICE FEES RECEIVED BY OR PAYABLE TO CDI HEREUNDERITS ENTIRETY.

Disclaimers; Limitation of Liability. EXCEPT USE OF THE PLATFORM TO CONDUCT ANY FORM OF BUSINESS, INCLUDING BROWSING OF THE PLATFORM, IS CONSIDERED A TRANSACTION AND CSR EXPRESSLY AGREES AND ACKNOWLEDGES THAT DISTRIBUTOR SHALL HAVE NO LIABILITY OF ANY KIND AND ANY FORM AS EXPRESSLY SET FORTH HEREINA RESULT OF SUCH TRANSACTION. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, NEITHER PARTY MAKES ANY REPRESENTATION IN NO EVENT WILL DISTRIBUTOR OR WARRANTYITS AFFILIATES, EXPRESS OR IMPLIEDSUBSIDIARIES, OR PROVIDES OTHER PARTNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS BE LIABLE, UNDER ANY REMEDY TO THE OTHER PARTYCIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, AND ALL OTHER REPRESENTATIONSFOR ANY DIRECT, WARRANTIES AND REMEDIES WHATSOEVER AND HOWEVER THEY MAY BE CLAIMEDINDIRECT, EXPRESS INCIDENTAL, SPECIAL, CONSEQUENTIAL OR IMPLIEDEXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES TO, DAMAGES FOR LOSS OF MERCHANTABILITY BUSINESS, PROFITS, GOODWILL, USE, DATA OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR A PARTY’S INDEMNITY OBLIGATIONSOTHER INTANGIBLE LOSSES (EVEN IF DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR BREACH OF CONFIDENTIALITY OBLIGATIONSOTHERWISE, HEREUNDERBUT EXCLUDING WILLFUL MISCONDUCT, ANY SPECIALUNLESS SPECIFIED IN WRITING. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES DISTRIBUTOR’S TOTAL LIABILITY ARISING OUT OF THIS AGREEMENT, ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. NOTWITHSTANDING ANYTHING AGREEMENT UNDER ALL THEORIES OF LIABILITY SHALL BE LIMITED TO THE CONTRARY HEREINFEES ACTUALLY COLLECTED BY DISTRIBUTOR FROM CSR, WITH DURING THE EXCEPTION SIX (6) MONTHS PRECEDING ANY CLAIM, NOTWITHSTANDING ANY FAILURE OF A PARTY’S INDEMNITY OBLIGATIONS, OR BREACH ESSENTIAL PURPOSE OF CONFIDENTIALITY OBLIGATIONS HEREUNDER, IN NO EVENT WILL LIABILITY OF CORIELL EXCEED THE AGGREGATE AMOUNT OF THE SERVICE FEES OR REIMBURSEMENTS PAYABLE BY IT TO CDI HEREUNDER OR WILL LIABILITY OF CDI WITH RESPECT HERETO EXCEED THE AGGREGATE AMOUNT OF THE SERVICE FEES RECEIVED BY OR PAYABLE TO CDI HEREUNDERANY LIMITED REMEDY.

Disclaimers; Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH HEREINTHERE MAY BE DELAYS, NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTYOMISSIONS, EXPRESS OR IMPLIEDERRORS, OR PROVIDES INACCURACIES IN THE CONTENT, AND THE CONTENT IS PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY REMEDY KIND. FCB, ITS CONTENT PROVIDERS, AFFILIATES, CAMPAIGN PARTNERS, ADVERTISING, PROMOTION AND FULFILLMENT AGENCIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS CANNOT AND DO NOT MAKE ANY REPRESENTATIONS AND, TO THE OTHER FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIM WITH RESPECT TO THE SITE AND THE CONTENT ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND TO YOU OR ANY THIRD PARTY, AND ALL OTHER REPRESENTATIONSINCLUDING, WARRANTIES AND REMEDIES WHATSOEVER AND HOWEVER THEY MAY BE CLAIMED, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED TO, REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY REGARDING ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, RELIABILITY, STABILITY, READINESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE. EXCEPT FOR A PARTY’S INDEMNITY OBLIGATIONS, OR BREACH ANY REPRESENTATIONS OR WARRANTIES ARISING FROM USAGE OR CUSTOM OR TRADE OR BY OPERATION OF CONFIDENTIALITY OBLIGATIONSLAW. FCB, HEREUNDERITS CONTENT PROVIDERS, AFFILIATES, CAMPAIGN PARTNERS, ADVERTISING, PROMOTION AND FULFILLMENT AGENCIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS ASSUME NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY SPECIALERRORS OR OMISSIONS. ANY MATERIAL, PUNITIVEINFORMATION OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN RISK AND DISCRETION AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE OR LOSS TO YOU, EXEMPLARYINCLUDING AND NOT LIMITED TO YOUR COMPUTER SYSTEM, INCIDENTAL LOSS OF DATA OR CONSEQUENTIAL DAMAGES LOSS OR DAMAGE TO ANY PROPERTY OR LOSS OF DATA OR LOSS OF REVENUE THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL. FCB DOES NOT CONTROL THE CONTENT PROVIDED BY ITS CONTENT PROVIDERS AND DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT. YOU UNDERSTAND THAT BY USING THE SITE YOU MAY BE EXPOSED TO CONTENT PROVIDED BY CONTENT PROVIDERS AND OTHERS THAT IS OFFENSIVE, INDECENT AND/OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL FCB BE LIABLE IN ANY WAY FOR ANY CONTENT PROVIDED BY ITS CONTENT PROVIDERS OR OTHERS, INCLUDING ANY ERRORS OR OMISSIONS IN ANY SUCH CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY SUCH CONTENT. IN NO EVENT SHALL FCB OR ANY CONTENT PROVIDER, AFFILIATE, CAMPAIGN PARTNER, ADVERTISING, PROMOTION AND FULFILLMENT AGENCIES OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANYONE ELSE FOR (a) ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY CONTINGENCIES BEYOND THEIR CONTROL OR ANY NEGLIGENCE, INCLUDING ANY GROSS NEGLIGENCE, IN PROCURING, PROVIDING COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, TRANSMITTING OR DELIVERING THE SITE OR ANY CONTENT THEREON, (b) ANY CLAIM ARISING OUT OF THIS AGREEMENT, ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. NOTWITHSTANDING ANYTHING OR RELATING TO THE CONTRARY HEREINSITE OR ANY CONTENT, WITH INCLUDING, BUT NOT LIMITED TO, ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON SUCH CONTENT, ANY DELAYS, ERRORS, OMISSIONS OR INTERRUPTIONS IN THE EXCEPTION DELIVERY OR TRANSMISSION OF CONTENT, DATA AND SERVICES AVAILABLE ON THE SITE OR ANY WEB SITE OF A PARTY’S INDEMNITY CONTENT PROVIDER, (c) ANY OTHER ASPECT OF THE SITE OR ANY WEB SITE OF A CONTENT PROVIDER OR (d) ANY OTHER TYPES OF DAMAGES (SUCH AS, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR THE AVOIDANCE OF DOUBT, NOTHING IN THE PRECEDING THREE PARAGRAPHS SHALL LIMIT OR OTHERWISE MODIFY ANY OF YOUR LIABILITIES OR OBLIGATIONS, ANY RESTRICTIONS ON CONTRIBUTED CONTENT OR BREACH OF CONFIDENTIALITY OBLIGATIONS HEREUNDERANY OTHER PROVISION SET FORTH ABOVE IN THE SECTION TITLED, IN NO EVENT WILL LIABILITY OF CORIELL EXCEED THE AGGREGATE AMOUNT OF THE SERVICE FEES OR REIMBURSEMENTS PAYABLE BY IT TO CDI HEREUNDER OR WILL LIABILITY OF CDI WITH RESPECT HERETO EXCEED THE AGGREGATE AMOUNT OF THE SERVICE FEES RECEIVED BY OR PAYABLE TO CDI HEREUNDER“CONTRIBUTED CONTENT.”