Common use of EXCLUSION OF LIABILITY Clause in Contracts

EXCLUSION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY TO YOU OR YOUR AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLE; EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES.

EXCLUSION OF LIABILITY. SUBJECT TO SECTION 7.3, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT OR AN ORDER FORM AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY A PARTY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY TO YOU THE OTHER PARTY AND/OR YOUR ITS AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLEFORESEEABLE; EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES.

EXCLUSION OF LIABILITY. SUBJECT TO SECTION 7.3, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT OR AN ORDER FORM AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY A PARTY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY TO YOU THE OTHER PARTY AND/OR YOUR ITS AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-NON- COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLEFORESEEABLE; EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES.

EXCLUSION OF LIABILITY. SUBJECT TO SECTION 7.3, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE AGREEMENT OR AN ORDER FORM AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY A PARTY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY TO YOU THE OTHER PARTY AND/OR YOUR ITS AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OR CORRUPTION OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, RELIANCE OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY THE OTHER PARTY’S NON-COMPLIANCE, DELAYSCOMPLIANCE WITH LAWS OR REGULATIONS (INCLUDING WITHOUT LIMITATIONS THOSE APPLICABLE TO THE OTHER PARTY’S OPERATIONS OR USE OF THE SOFTWARE OR SERVICES), PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTYLIABILITY AND INTERRUPTION OR DELAYS IN THE OTHER PARTY'S BUSINESS; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLEFORESEEABLE; EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES.

EXCLUSION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY SHALL DIRAC OR ITS SUPPLIERS (IF APPLICABLE) BE LIABLE IN ANY OF ITS AFFILIATES HAVE WAY FOR ANY LIABILITY TO YOU OR YOUR AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT DAMAGES (INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, NEGLIGENCE), PRODUCT LIABILITY, STATUTE PHYSICAL DAMAGE OR OTHERWISE, PERSONAL INJURY) SUFFERED BY YOU OR ANY THIRD PARTY AS A RESULT OF YOUR USE OF THE SOFTWARE. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL DIRAC OR ITS SUPPLIERS (IF APPLICABLE) BE LIABLE FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, PROFITS OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, DIRAC’S FAILURE TO MEET ANY DUTY OF ANTICIPATED PROFITSGOOD FAITH OR REASONABLE CARE, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACTCOMMERCIAL DAMAGES OR PECUNIARY LOSSES WHATSOEVER, LOSS HOWEVER CAUSED AND REGARDLESS OF DATA THE THEORY OF LIABILITY, TORT, CONTRACT OR INTERRUPTION OF SERVICESOTHERWISE, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF THE USE OF, MISUSE OF OR IN CONNECTION WITH ANY MALFUNCTIONSINABILITY TO USE THE SOFTWARE, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLE; EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER DIRAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR IF THERE IS ANY FAILURE OF ANY REMEDY SET FORTH HEREIN. THIS SECTION 6 (EXCLUSION OF LIABILITY) SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. FOR CLARITY, LOSSES, COSTS OR EXPENSESTHE LIMITATIONS SET FORTH IN THIS SECTION 6 (EXCLUSION OF LIABILITY) ARE WITHOUT PREJUDICE TO YOUR MANDATORY STATUTORY RIGHTS AS A CONSUMER.

EXCLUSION OF LIABILITY. SUBJECT TO SECTION 7.3, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT OR AN ORDER FORM AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY A PARTY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY TO YOU THE OTHER PARTY AND/OR YOUR ITS AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT EXTRA-CONTRACTUAL RESPONSIBILITY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSESLOSSES (INCLUDING ANY FORM OF LUCRUM CESSANS), LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-NON- COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. FOR THE AVOIDANCE OF DOUBT, THE PARTIES AND AFFILIATES WILL NOT HAVE ANY LIABILITY TO THE OTHER PARTY AND/OR AFFILIATES FOR OR IN CONNECTION WITH DAMAGES, LOSSES, COSTS OR EXPENSES THAT THEY SHOULD NOT HAVE REASONABLY FORESEEN, EVEN IF SUCH DAMAGES, LOSSES, COSTS AND EXPENSES ARE A DIRECT CONSEQUENCE OF THE PARTY OR AFFILIATES’ ACTIONS IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLEFORESEEABLE; EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER THE PARTY THAT CAUSES THE DAMAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES.

EXCLUSION OF LIABILITY. SUBJECT TO SECTION 7.3, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT OR AN ORDER FORM AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY A PARTY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY TO YOU THE OTHER PARTY AND/OR YOUR ITS AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS ARISING UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-NON- COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, AND/OR BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLEFORESEEABLE; EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES.

EXCLUSION OF LIABILITY. SUBJECT TO SECTION 7.3 BELLOW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE AGREEMENT OR AN ORDER FORM AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY A PARTY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY TO YOU THE OTHER PARTY AND/OR YOUR ITS AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OR CORRUPTION OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, RELIANCE OR COVER COSTS OR OF ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY THE OTHER PARTY’S NON-COMPLIANCE, DELAYSCOMPLIANCE WITH LAWS OR REGULATIONS (INCLUDING WITHOUT LIMITATIONS THOSE APPLICABLE TO THE OTHER PARTY’S OPERATIONS OR USE OF THE SOFTWARE OR SERVICES), PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTYLIABILITY AND INTERRUPTION OR DELAYS IN THE OTHER PARTY'S BUSINESS; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLE; FORESEEABLE, EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES.

EXCLUSION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWLAW (AND UNLESS WE HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES OR AMENDS THIS CONTRACT), IN NO EVENT WILL LIFERAY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY WE (AND OUR SERVICE PROVIDERS AND LICENSORS) SHALL NOT BE LIABLE TO YOU OR YOUR AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, OTHERS FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSESOR ANY LOSS OF DATA, COSTS OPPORTUNITIES, REPUTATION OR EXPENSESGOODWILL, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT). IN EACH CASE NO EVENT SHALL GRADIENT LEARNING’S LIABILITY (I) THROUGH (IIIAND THE LIABILITY OF OUR SERVICE PROVIDERS AND/OR LICENSORS), WHETHER OR NOT FORSEEABLE; INCLUDING DIRECT DAMAGES EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, ONE HUNDRED DOLLARS ($100). THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF LIFERAY, ITS AFFILIATES WE AND OUR SERVICE PROVIDERS AND/OR A BUSINESS PARTNER HAS LICENSORS HAVE BEEN ADVISED TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGESDAMAGE, LOSSESAND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. THE LAWS IN SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, COSTS SO THESE LIMITS MAY NOT APPLY TO YOU. IF YOU ARE A NEW JERSEY RESIDENT, OR EXPENSESA RESIDENT OF ANOTHER U.S. STATE THAT PERMITS THE EXCLUSION OF THESE WARRANTIES AND LIABILITIES, THEN THE LIMITATIONS IN SECTION 4 SPECIFICALLY DO APPLY TO YOU.

EXCLUSION OF LIABILITY. SUBJECT TO SECTIONS 6.2 AND 7.3, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT OR AN ORDER FORM AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY A PARTY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY TO YOU THE OTHER PARTY AND/OR YOUR ITS AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-NON- COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLEFORESEEABLE; EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES.

EXCLUSION OF LIABILITY. APART FROM THE LIMITED WARRANTY EXPRESSLY PROVIDED ABOVE, THE PACKAGE AND DOCUMENTATION ARE LICENSED IN AN "AS IS CONDITION” AND SYNAPTICON EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH AND WITHOUT LIMITATIONS, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, ADHERENCE TO DEADLINES, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE MAXIMUM FULL EXTENT PERMITTED UNDER APPLICABLE PROVIDED BY LAW. WITHOUT LIMITATION OF THE GENERAL VALIDITY OF THE FOREGOING, IN NO EVENT WILL LIFERAY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY TO YOU OR YOUR AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH SYNAPTICON EXPRESSLY EXCLUDES ALL WARRANTIES OF ANY IMPLIED DUTY; OR (III) ANY LOSSESKIND WHATSOEVER FOR THIRD PARTY PROVIDERS' SOFTWARE AND DOES NOT WARRANT THAT THE PACKAGE WILL MEET CUSTOMERS' REQUIREMENTS, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLE; EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER HAS BEEN ADVISED RESPECTIVELY THAT THE FUNCTIONS OF THE POSSIBILITY PACKAGE WILL NOT BE INTERRUPTED, THAT THEY ARE UP-TO-DATE, SECURE OR ERROR-FREE, THAT DEFECTS OR ERRORS IN THE PACKAGE WILL BE CORRECTED OR THAT THE PACKAGE WILL BE COMPATIBLE WITH FUTURE SYNAPTICON PRODUCTS OR THAT THE INFORMATION OR DATA STORED OR TRANSMITTED BY THE PACKAGE WILL NOT BE LOST, DAMAGED OR DESTROYED. CUSTOMERS ASSUME RESPONSIBILITY FOR CHOOSING THE RIGHT PACKAGE TO ACHIEVE THEIR INTENDED OUTCOMES AND FOR THE OUTCOMES THAT THEY ACHIEVE THROUGH THEIR USE OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSESTHE PACKAGE.

EXCLUSION OF LIABILITY. EXCEPT IN RELATION TO THE NON-EXCLUDABLE OBLIGATIONS, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY TO YOU OR YOUR AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLE; EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES.

EXCLUSION OF LIABILITY. SUBJECT TO SECTION 7.3, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT OR AN ORDER FORM AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY A PARTY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY TO YOU THE OTHER PARTY AND/OR YOUR ITS AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT TORT, (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, COSTS EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLEFORESEEABLE; EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES.

EXCLUSION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY UNISERVE OR ANY OF ITS AFFILIATES HAVE LICENSORS, SUBCONTRACTORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE TO CUSTOMER OR TO ANY LIABILITY TO YOU THIRD PARTY UNDER OR YOUR AFFILIATESIN CONNECTION WITH THE AGREEMENT, THE SERVICES, OR THE AGREEMENT’S OTHER SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR STRICT LIABILITY AND OTHERWISE, FOR OR IN CONNECTION WITH: ANY: (Ia) ANY ECONOMIC LOSSES, LOSS OF PRODUCTION, USE, REVENUE, LOSS OR PROFIT; (b) DIMINUTION IN VALUE; (c) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF CUSTOMERS THE SERVICES OTHER THAN FOR THE ISSUANCE OF ANY APPLICABLE SERVICE CREDITS PURSUANT TO SECTION 12.1; (d) LOSS, DAMAGE, CORRUPTION OR BUSINESSRECOVERY OF DATA, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS BREACH OF DATA OR INTERRUPTION OF SERVICESSYSTEM SECURITY (EVEN WHERE SUCH LOSS, LOSS OF ANTICIPATED SAVINGS OR BENEFITSDAMAGE, CORRUPTION, OR COVER COSTS BREACH IS CAUSED BY A SERVICE INTERRUPTION); OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (IIe) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, SPECIALINDIRECT, EXEMPLARY, CONSEQUENTIAL SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), REGARDLESS OF WHETHER OR NOT FORSEEABLE; EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER HAS BEEN SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, LOSSES, COSTS AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR EXPENSESOTHER REMEDY OF ITS ESSENTIAL PURPOSE.

EXCLUSION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWLAW (AND UNLESS EVERCARE HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), IN NO EVENT WILL LIFERAY OR ANY OF EVERCARE AND ITS AFFILIATES HAVE ANY LIABILITY (AND THOSE THAT EVERCARE WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR YOUR AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, OTHERS FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSESOR ANY LOSS OF DATA, COSTS OPPORTUNITIES, REPUTATION, PROFITS OR EXPENSESREVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT). IN EACH CASE NO EVENT SHALL THE LIABILITY OF EVERCARE AND ITS AFFILIATES (IAND THOSE THAT EVERCARE WORKS WITH TO PROVIDE THE SERVICES) THROUGH EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (III)A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR, WHETHER IF ANY, OR NOT FORSEEABLE; (B) US $1000. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND EVERCARE AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF LIFERAY, EVERCARE OR ITS AFFILIATES OR A BUSINESS PARTNER HAS BEEN ADVISED TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGESDAMAGE, LOSSESAND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, COSTS OR EXPENSESSO THESE LIMITS MAY NOT APPLY TO YOU.

EXCLUSION OF LIABILITY. TO THE MAXIMUM FULLEST EXTENT PERMITTED UNDER BY APPLICABLE LAW, IN NO EVENT WILL LIFERAY XXXXXX OR ITS AFFILIATES, OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT: a. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OR CORRUPTION DATA, LOSS OF DOCUMENTS, LOSS OF IMAGES, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES; b. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU OR YOUR AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, FOR THE SERVICES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER IN SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STATUTE ) OR OTHERWISE, FOR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLE; EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER HAS BEEN XXXXXX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. XXXXXX DOES NOT GUARANTEE THE CONTINUOUS, LOSSESUNINTERRUPTED OR SECURE ACCESS TO THE SERVICES, COSTS OR EXPENSESANY RELATED SERVICES. THE OPERATION OF XXXXXX MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF XXXXXX. UNDER NO CIRCUMSTANCES SHALL XXXXXX BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE XXXXXX APPLICATION, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO XXXXXX RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, DATA, AND INFORMATION SUBMITTED THROUGH XXXXXX AND YOU TO THE XXXXXX SERVICES.

EXCLUSION OF LIABILITY. These are the limits of legal liability we may have to you. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWLAW (AND UNLESS Fryends HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), IN NO EVENT WILL LIFERAY OR ANY OF Fryends AND ITS AFFILIATES HAVE ANY LIABILITY (AND THOSE THAT Fryends WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR YOUR AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, OTHERS FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSESOR ANY LOSS OF DATA, COSTS OPPORTUNITIES, REPUTATION, PROFITS OR EXPENSESREVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT). IN EACH CASE NO EVENT SHALL THE LIABILITY OF Fryends AND ITS AFFILIATES (IAND THOSE THAT Fryends WORKS WITH TO PROVIDE THE SERVICES) THROUGH EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (III)A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, WHETHER IF ANY, OR NOT FORSEEABLE; (B) US $1000. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Fryends AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF LIFERAY, Fryends OR ITS AFFILIATES OR A BUSINESS PARTNER HAS BEEN ADVISED TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGESDAMAGE, LOSSESAND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, COSTS OR EXPENSESSO THESE LIMITS MAY NOT APPLY TO YOU.

EXCLUSION OF LIABILITY. (a) To the full extent permitted by any applicable Law, each Party disclaims and excludes all express or implied terms, conditions and warranties other than those set out herein, in each Equipment Lease and the other Lease Documents. (b) THE EQUIPMENT IS LEASED HEREUNDER “AS IS, WHERE IS”. NO LESSOR SHALL BE DEEMED TO HAVE MADE, AND EACH LESSOR HEREBY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE MAXIMUM EXTENT PERMITTED UNDER EQUIPMENT, INCLUDING ANY PART, OR ANY MATTER WHATSOEVER, INCLUDING, AS TO EACH ITEM OF EQUIPMENT, ITS DESIGN, CONDITION, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, ABSENCE OF ANY PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT OR LATENT DEFECT (WHETHER OR NOT DISCOVERABLE BY ANY LESSEE), COMPLIANCE OF SUCH ITEM WITH ANY APPLICABLE LAW, CONFORMITY OF SUCH ITEM TO THE PROVISIONS AND SPECIFICATIONS OF ANY PURCHASE DOCUMENT OR TO THE DESCRIPTION SET FORTH IN NO EVENT WILL LIFERAY THE RELATED EQUIPMENT LEASE SCHEDULE OR ANY OF ITS AFFILIATES HAVE THE OTHER EQUIPMENT LEASE DOCUMENTS, OR ANY LIABILITY TO YOU INTERFERENCE OR YOUR AFFILIATESINFRINGEMENT, UNDER OR ARISING FROM ANY LEGAL COURSE OF DEALING OR EQUITABLE THEORYUSAGE OF TRADE, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISENOR SHALL ANY LESSOR BE LIABLE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES, LOSSES, COSTS FOR STRICT OR EXPENSES. ABSOLUTE LIABILITY IN TORT; AND EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLE; EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER HAS BEEN ADVISED LESSEE HEREBY WAIVES ANY CLAIMS ARISING OUT OF ANY OF THE POSSIBILITY OF SUCH DAMAGESFOREGOING. Without limiting the foregoing, LOSSESno Lessor will be responsible to any Lessee or any other person with respect to, COSTS OR EXPENSESand (as among any Lessor, any assignee and any Lessee) each Lessee agrees to bear sole responsibility for, any risk or other matter that is the subject of Lessors’ disclaimer; and Lessors’ agreement to enter into this Agreement and any Equipment Lease is in reliance upon the freedom from and complete negation of liability or responsibility for the matters so waived or disclaimed herein or covered by the indemnity in this Agreement. So long as no Lease Event of Default has occurred, each Lessee may exercise the applicable Lessor’s rights, if any, under any warranty with respect to the Equipment. Each Lessee’s exercise of such rights shall be at its sole risk, shall not result in any prejudice to the applicable Lessor, and may be exercised only during the term of the related Equipment Lease. No Lessee shall attempt to enforce any such warranty by legal proceeding without the applicable Lessor’s prior written approval (which approval shall not unreasonably be withheld).

EXCLUSION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWLAW (AND UNLESS FIFTY THOUSAND FOOT HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), IN NO EVENT WILL LIFERAY OR ANY OF FIFTY THOUSAND FOOT AND ITS AFFILIATES HAVE ANY LIABILITY (AND THOSE THAT FIFTY THOUSAND FOOT WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR YOUR AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, OTHERS FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSESOR ANY LOSS OF DATA, COSTS OPPORTUNITIES, REPUTATION, PROFITS OR EXPENSESREVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT). IN EACH CASE NO EVENT SHALL THE LIABILITY OF FIFTY THOUSAND FOOT AND ITS AFFILIATES (IAND THOSE THAT FIFTY THOUSAND FOOT WORKS WITH TO PROVIDE THE SERVICES) THROUGH EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (III)A) FIVE TIMES THE MOST RECENT FEE THAT YOU PAID FOR A SERVICE, WHETHER IF ANY, OR NOT FORSEEABLE; (B) $1000 CAD. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FIFTY THOUSAND FOOT AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF LIFERAY, FIFTY THOUSAND FOOT OR ITS AFFILIATES OR A BUSINESS PARTNER HAS BEEN ADVISED TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGESDAMAGE, LOSSESAND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, COSTS OR EXPENSESSO THESE LIMITS MAY NOT APPLY TO YOU.

EXCLUSION OF LIABILITY. TO THE MAXIMUM FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWBY LAW NEITHER WE NOR OUR ASSOCIATES, IN NO EVENT WILL LIFERAY AGENTS, DELEGATES, SUB-CONTRACTORS OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR YOUR AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, OTHERS FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSESOR ANY LOSS OF DATA, COSTS OPPORTUNITIES, REPUTATION, PROFITS OR EXPENSESREVENUES, RELATED TO THE SERVICES. IN NO EVENT SHALL THE LIABILITY OF THE ID REGISTER (GUERNSEY) LIMITED OR OUR ASSOCIATES, AGENTS, DELEGATES, SUB-CONTRACTORS OR SERVICE PROVIDERS EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF: • IF YOU HAVE A SERVICE AGREEMENT WITH US, (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) £1,000,000; or • IF YOU DO NOT HAVE A SERVICE AGREEMENT WITH US, (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) £10,000, PROVIDED IN EACH CASE THAT, WHERE SUCH LIABILITY ARISES AS A RESULT OF THE ACT OR OMISSION OF AN AGENT, DELEGATE, SUB-CONTRACTOR OR OTHER THIRD PARTY SERVICE PROVIDER ENGAGED BY US IN CONNECTION WITH THE PROVISION OF THE SERVICES, OUR LIABILITY SHALL BE FURTHER LIMITED TO THE AMOUNT THAT WE ARE ABLE TO RECOVER, USING COMMERCIALLY REASONABLE EFFORTS, FROM SUCH THIRD PARTY AGENT, DELEGATE, SUB- CONTRACTOR OR OTHER SERVICE PROVIDER AS A RESULT OF SUCH ACT OR OMISSION. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (IE.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) THROUGH (III), WHETHER OR NOT FORSEEABLE; AND EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER HAS WE HAVE BEEN ADVISED TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGESDAMAGE, LOSSES, COSTS OR EXPENSESAND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

EXCLUSION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY TO YOU OR YOUR AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLEFORESEEABLE; EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES.

EXCLUSION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWLAW (AND UNLESS FBT HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), IN NO EVENT WILL LIFERAY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY FBT SHALL NOT BE LIABLE TO YOU OR YOUR AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, OTHERS FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSESOR ANY LOSS OF DATA, COSTS OPPORTUNITIES, REPUTATION, PROFITS OR EXPENSESREVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT). IN EACH CASE NO EVENT SHALL THE LIABILITY OF FBT EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR お SERVICE, IF ANY. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FBT AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (IE.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) THROUGH (III), WHETHER OR NOT FORSEEABLE; AND EVEN IF LIFERAY, FBT OR ITS AFFILIATES OR A BUSINESS PARTNER HAS BEEN ADVISED TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGESDAMAGE, LOSSESAND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, COSTS OR EXPENSESSO THESE LIMITS MAY NOT APPLY TO YOU.

EXCLUSION OF LIABILITY. SUBJECT TO SECTION 7.3, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE AGREEMENT OR AN ORDER FORM AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY A PARTY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY TO YOU THE OTHER PARTY AND/OR YOUR ITS AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OR CORRUPTION OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, RELIANCE OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY THE OTHER PARTY’S NON-COMPLIANCE, DELAYSCOMPLIANCE WITH LAWS OR REGULATIONS (INCLUDING WITHOUT LIMITATIONS THOSE APPLICABLE TO THE OTHER PARTY’S OPERATIONS OR USE OF THE SOFTWARE OR SERVICES), PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTYLIABILITY AND INTERRUPTION OR DELAYS IN THE OTHER PARTY'S BUSINESS; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLEFORESEEABLE; EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAG ES, LOSSES, COSTS OR EXPENSES.

EXCLUSION OF LIABILITY. TO THE MAXIMUM FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWBY LAW NEITHER WE NOR OUR ASSOCIATES, IN NO EVENT WILL LIFERAY AGENTS, DELEGATES, SUB-CONTRACTORS OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR YOUR AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: OTHERS FOR: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSESOR ANY LOSS OF DATA, COSTS OPPORTUNITIES, REPUTATION, PROFITS OR EXPENSESREVENUES, RELATED TO THE SERVICES; or (II) . ANY ACT OR OMISSION IN CONNECTION WITH THE PROVISION OF ANY SERVICES IN NO EVENT SHALL THE LIABILITY OF T HE ID REGISTER (GUERNSEY) LIMITEDT HE SERVICE PROVIDER OR OUR ASSOCIATES, AGENTS, DELEGATES, DIRECTORS, OFFICERS, SUB-CONTRACTORS OR SERVICE PROVIDERS EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF: • IF YOU HAVE A SERVICE AGREEMENT WITH US, (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) £1,000,000; or • IF YOU DO NOT HAVE A SERVICE AGREEMENT WITH US, (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A P REMIUM SERVICE, IF ANY, OR (B) £10,000, PROVIDED IN EACH CASE THAT, WHERE SUCH LIABILITY ARISES AS A RESULT OF THE ACT OR OMISSION OF AN AGENT, DELEGATE, SUB-CONTRACTOR OR OTHER THIRD PARTY SERVICE PROVIDER ENGAGED BY US IN CONNECTION WITH THE PROVISION OF THE SERVICES, OUR LIABILITY SHALL BE FURTHER LIMITED TO THE AMOUNT THAT WE ARE ABLE TO RECOVER, USING COMMERCIALLY REASONABLE EFFORTS, FROM SUCH THIRD PARTY AGENT, DELEGATE, SUBCONTRACTOR OR OTHER SERVICE PROVIDER AS A RESULT OF SUCH ACT OR OMISSION. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (IE.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) THROUGH (III), WHETHER OR NOT FORSEEABLE; AND EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER HAS WE HAVE BEEN ADVISED TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGESDAMAGE, LOSSES, COSTS OR EXPENSESAND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

EXCLUSION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER BY APPLICABLE LAW, THE TERMS OF THIS SECTION 7 SHALL APPLY. IN NO EVENT WILL LIFERAY SHALL DIRAC OR ITS SUPPLIERS (IF APPLICABLE) BE LIABLE FOR ANY OF ITS AFFILIATES HAVE ANY LIABILITY TO YOU OR YOUR AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT DAMAGES (INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, NEGLIGENCE)PHYSICAL DAMAGE OR PERSONAL INJURY) SUFFERED BY YOU OR ANY THIRD PARTY AS A RESULT OF YOUR USE OF THE SOFTWARE. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL DIRAC OR ITS SUPPLIERS (IF APPLICABLE) BE LIABLE FOR ANY LOST REVENUE, PRODUCT PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, DIRAC’S FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE, OR ANY OTHER COMMERCIAL DAMAGES OR PECUNIARY LOSSES WHATSOEVER, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, STATUTE TORT, CONTRACT OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF THE USE OF, MISUSE OF OR IN CONNECTION WITH ANY MALFUNCTIONSINABILITY TO USE THE SOFTWARE, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLE; EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER DIRAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS DAMAGES OR EXPENSESIF THERE IS ANY FAILURE OF ANY REMEDY SET FORTH HEREIN. THIS PARAGRAPH SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

EXCLUSION OF LIABILITY. SUBJECT TO SECTION 7.3, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT OR AN ORDER FORM AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY A PARTY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY TO YOU THE OTHER PARTY AND/OR YOUR ITS AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLEFORESEEABLE; EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES.

EXCLUSION OF LIABILITY. SUBJECT TO SECTION 7.3, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT OR AN ORDER FORM AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY A PARTY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY TO YOU THE OTHER PARTY AND/OR YOUR ITS AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT OR SERVICE LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT OR SERVICE LIABILITY, RELIANCEBREACH OF TRUST OR, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTALINCIDENTAL (SUFFERED BY THE INNOCENT PARTY AS A RESULT OF A DIRECT DAMAGE), SPECIAL, EXEMPLARY, CONSEQUENTIAL (RESULTING FROM A CONTRACTUAL VIOLATION OR AN SPECIFIC SITUATION OF A PARTY) OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE ERRORES O DEFECTOS. EL CLIENTE RECONOCE Y ACEPTA SU CONDICIÓN COMO ÚNICO RESPONSABLE DE LOS RESULTADOS DERIVADOS DE LA UTILIZACIÓN DE LOS SERVICIOS Y DEL SOFTWARE PUESTO A SU DISPOSICIÓN EN VIRTUD DEL PRESENTE CONTRATO. SIN PERJUICIO DE LA GENERALIDAD DE LO ANTERIOR, NI LOS SERVICIOS NI NINGÚN SOFTWARE PRESTADOS Y/O ENTREGADO EN VIRTUD DEL PRESENTE CONTRATO HAN SIDO DISEÑADOS, FABRICADOS NI FACILITADOS ESPECÍFICAMENTE A EFECTOS DE SU UTILIZACIÓN EN (I) THROUGH INSTALACIONES O ENTORNOS QUE NO ADMITAN FALLO ALGUNO, INCLUYENDO SIN LIMITACIÓN ALGUNA (III)A) LA PLANIFICACIÓN, WHETHER OR NOT FORSEEABLE; EVEN IF LIFERAYCONSTRUCCIÓN, ITS AFFILIATES OR MANTENIMIENTO, CONTROL U EXPLOTACIÓN DIRECTA DE INSTALACIONES NUCLEARES, (B) LA NAVEGACIÓN AÉREA, SISTEMAS DE CONTROL O COMUNICACIÓN, O SISTEMAS XX XXXXXXXXX, (C) SISTEMAS DE SOPORTE VITAL DIRECTO, O (II) ACTIVIDADES DE PELIGROSIDAD EXTREMA O SUJETAS A BUSINESS PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESUN RÉGIMEN DE RESPONSABILIDAD OBJETIVA EN CASO XX XXXXX, LOSSES, COSTS OR EXPENSESSIENDO EL CLIENTE EL ÚNICO Y EXCLUSIVO RESPONSABLE DE DICHA UTILIZACIÓN DEL SOFTWARE Y DE LOS SERVICIOS Y ASUMIENDO EXPRESAMENTE CUALQUIER RIESGO QUE PUDIERA DERIVARSE AL RESPECTO.

EXCLUSION OF LIABILITY. These are the limits of legal liability we may have to you. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWLAW (AND UNLESS JUJI HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), IN NO EVENT WILL LIFERAY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY JUJI (AND THOSE THAT JUJI WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR YOUR AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, OTHERS FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSESOR ANY LOSS OF DATA, COSTS OPPORTUNITIES, REPUTATION, PROFITS OR EXPENSESREVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT). IN EACH CASE NO EVENT SHALL THE LIABILITY OF JUJI (IAND THOSE THAT JUJI WORKS WITH TO PROVIDE THE SERVICES) THROUGH EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE SAME AS (III)A) THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, WHETHER IF ANY, OR NOT FORSEEABLE; (B) ONE HUNDRED U.S. DOLLARS. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND JUJI AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER JUJI HAS BEEN ADVISED TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGESDAMAGE, LOSSESAND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, COSTS OR EXPENSESSO THESE LIMITS MAY NOT APPLY TO YOU.

EXCLUSION OF LIABILITY. SUBJECT TO SECTION 10.3, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT OR AN ORDER FORM AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY A PARTY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY TO YOU THE OTHER PARTY AND/OR YOUR ITS AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT TRAINING SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLE; FORESEEABLE, EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES.

EXCLUSION OF LIABILITY. SUBJECT TO SECTIONS 6.2 AND 7.3, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE AGREEMENT OR AN ORDER FORM AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY A PARTY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY TO YOU THE OTHER PARTY AND/OR YOUR ITS AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OR CORRUPTION OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, RELIANCE OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY THE OTHER PARTY’S NON-COMPLIANCE, DELAYSCOMPLIANCE WITH LAWS OR REGULATIONS (INCLUDING WITHOUT LIMITATIONS THOSE APPLICABLE TO THE OTHER PARTY’S OPERATIONS OR USE OF THE SOFTWARE OR SERVICES), PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTYLIABILITY AND INTERRUPTION OR DELAYS IN THE OTHER PARTY'S BUSINESS; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLEFORESEEABLE; EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAG ES, LOSSES, COSTS OR EXPENSES.

EXCLUSION OF LIABILITY. CCH AND ITS AFFILIATES, AND THE EMPLOYEES, OFFICERS AND/OR AGENTS THEREOF, WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY PARTNER OR ANY OF ITS AFFILIATES HAVE THIRD PARTY FOR ANY LIABILITY TO YOU OR YOUR AFFILIATESDIRECT, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR PUNITIVE DAMAGESINABILITY TO USE, LOSSESTHE OIP KIT OR ANY CONSTITUENT ELEMENT THEREOF, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III)ANY WAY ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, DATA LOSS, OR NOT FORSEEABLE; COMPUTER FAILURE OR MALFUNCTION, EVEN IF LIFERAY, ITS AFFILIATES CCH OR A BUSINESS PARTNER ANY OF THE FOREGOING PARTIES HAS BEEN ADVISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGES. PARTNER ACKNOWLEDGES THAT ABSENT PARTNER’S AGREEMENT TO THE FOREGOING DISCLAIMERS, LOSSESEXCLUSIONS AND LIMITATIONS, COSTS CCH WOULD NOT PROVIDE THE OIP KIT OR EXPENSESANY PORTION THEREOF. EXCEPT FOR COLLECTION ACTIONS, WHICH MAY BE BROUGHT BY CCH AT ANY TIME, NO ACTION ARISING OUT OF ANY CLAIMED BREACH OF THIS AGREEMENT OR TRANSACTIONS UNDER THIS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE YEAR AFTER THE EVENT WHICH GIVES RISE TO THE SPECIFIC CAUSE OF ACTION. IN ANY CASE, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CCH’S AGGREGATE LIABILITY TO PARTNER OR ANY AUTHORIZED USER IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED FIFTY U.S. DOLLARS ($50.00).

EXCLUSION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY TO YOU OR YOUR AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLE; EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES.

EXCLUSION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY TO YOU OR YOUR AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-NON- COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLE; EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES.

EXCLUSION OF LIABILITY. CCH AND ITS AFFILIATES, AND THE EMPLOYEES, OFFICERS AND/OR AGENTS THEREOF, WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWINTEGRATOR, IN NO EVENT WILL LIFERAY ANY OF INTEGRATOR’S CUSTOMERS, OR ANY OF ITS AFFILIATES HAVE OTHER THIRD-PARTY FOR ANY LIABILITY TO YOU OR YOUR AFFILIATESDIRECT, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR PUNITIVE DAMAGESINABILITY TO USE, LOSSESTHE OIP, COSTS THE INTEGRATION OR EXPENSES. ANY CONSTITUENT ELEMENT THEREOF, OR IN EACH CASE (I) THROUGH (III)ANY WAY ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, DATA LOSS, OR NOT FORSEEABLE; COMPUTER FAILURE OR MALFUNCTION, EVEN IF LIFERAY, ITS AFFILIATES CCH OR A BUSINESS PARTNER ANY OF THE FOREGOING PARTIES HAS BEEN ADVISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGES. INTEGRATOR ACKNOWLEDGES THAT ABSENT INTEGRATOR’S AGREEMENT TO THE FOREGOING DISCLAIMERS, LOSSESEXCLUSIONS AND LIMITATIONS, COSTS CCH WOULD NOT PROVIDE THE OIP OR EXPENSESANY PORTION THEREOF. EXCEPT FOR COLLECTION ACTIONS, WHICH MAY BE BROUGHT BY CCH AT ANY TIME, NO ACTION ARISING OUT OF ANY CLAIMED BREACH OF THIS AGREEMENT OR TRANSACTIONS UNDER THIS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE YEAR AFTER THE EVENT WHICH GIVES RISE TO THE SPECIFIC CAUSE OF ACTION. IN ANY CASE, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CCH’S AGGREGATE LIABILITY TO INTEGRATOR OR ANY AUTHORIZED USER IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED FIFTY U.S. DOLLARS ($50.00).

EXCLUSION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, Limitations. IN NO EVENT WILL LIFERAY FOXTROT MEDIA, INC. OR ANY OF ITS AFFILIATES SUPPLIERS HAVE ANY LIABILITY TO YOU OR YOUR AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITSUNAUTHORIZED ACCESS TO, OR COVER COSTS ALTERATION, THEFT OR ANALOGOUS COST RELATED DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER FOXTROT MEDIA, INC. NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT TO THE PROCUREMENT OF REPLACEMENT SERVICES FOXTROT MEDIA, INC.'S OBLIGATIONS UNDER THIS AGREEMENT, OR SOFTWARE; (II) ANY LOSSESOTHERWISE FOR CONSEQUENTIAL, COSTSEXEMPLARY, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECTSPECIAL, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLE; DAMAGES EVEN IF LIFERAYFOXTROT MEDIA, ITS AFFILIATES OR A BUSINESS PARTNER INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH THESE DAMAGES. THE LIABILITY OF FOXTROT MEDIA, LOSSESINC. AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO FOXTROT MEDIA, COSTS OR EXPENSESINC. UNDER THIS AGREEMENT DURING THE 3 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY FOXTROT MEDIA, INC. UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU RELEASE FOXTROT MEDIA, INC. AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.1. Interruption of Service. Foxtrot Media, Inc. and its suppliers are not liable for any temporary delay, outages or interruptions of the Services. Further, Foxtrot Media, Inc. is not liable for any delay or failure to perform its obligations under this Agreement, where the delay or failure results from any act of God or other cause beyond its reasonable control (including, any mechanical, electronic, communications or third-party supplier failure).

EXCLUSION OF LIABILITY. SUBJECT TO SECTION 7.3, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT OR AN ORDER FORM AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY A PARTY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY TO YOU THE OTHER PARTY AND/OR YOUR ITS AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS ARISING UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, AND/OR BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLEFORESEEABLE; EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES.

EXCLUSION OF LIABILITY. TO THE MAXIMUM FULLEST EXTENT PERMITTED UNDER APPLICABLE BY LAW WE DISCLAIM AND EXCLUDE ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES, WHETHER IMPLIED OR EXPRESS AND WHETHER ARISING BY LAW, CONTRACT OR FROM A COURSE OF DEALINGS BETWEEN US. WE DO NOT GUARANTEE THE CONTINUOUS OR UNINTERRUPTED OPERABILITY OF THE INSTAPASS SERVICE. THERE MAY BE PERIODS OF DOWNTIME FOR MAINTENANCE AND UPGRADE WORK (WHETHER ON A SCHEDULED OR UNSCHEDULED BASIS). WE ARE NOT RESPONSIBLE FOR THE SECURITY OF INFORMATION THAT YOU CHOOSE TO COMMUNICATE WITH US WHILE IT IS BEING TRANSMITTED OR FOR ANY DATA LOST DURING TRANSMISSION. IN NO EVENT WILL LIFERAY SHALL WE, OUR AGENTS, OFFICERS, EMPLOYEES OR SUB-CONTRACTORS BE LIABLE TO YOU FOR ANY LOSS OR CORRUPTION OF ITS AFFILIATES HAVE DATA; SOFTWARE OR HARDWARE; LOSS OF ANTICIPATED SAVINGS; LOSS OF PROFIT OR ECONOMIC LOSSES; INDIRECT, SPECIAL OR CONSEQUENTIAL LOSSES. ANY LIABILITY WE DO HAVE FOR LOSSES YOU SUFFER IS STRICTLY LIMITED TO LOSSES THAT WERE REASONABLY FORESEEABLE AND, IN ANY CASE, SHALL NOT EXCEED THE SUM OF £150. YOU AGREE THAT WE DO NOT ASSUME, HAVE OR YOUR AFFILIATESOWE ANY OBLIGATIONS OR DUTIES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE FIDUCIARY OR OTHERWISE, TO YOU EXCEPT AS ARE EXPRESSLY SET OUT IN THESE TERMS. WE WILL NOT BE LIABLE OR RESPONSIBLE FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE FAILURE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITSPERFORM, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR DELAY IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH PERFORMANCE OF ANY IMPLIED DUTY; OR (III) OF OUR OBLIGATIONS THAT IS CAUSED BY ANY LOSSES, COSTS, EXPENSES ACT OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OMISSION OF A THIRD PARTY OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLE; EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSESEVENTS OUTSIDE OUR REASONABLE CONTROL.

EXCLUSION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWLAW (AND UNLESS JUMPGATE HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), IN NO EVENT WILL LIFERAY OR ANY OF JUMPGATE AND ITS AFFILIATES HAVE ANY LIABILITY (AND THOSE THAT JUMPGATE WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR YOUR AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, OTHERS FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSESOR ANY LOSS OF DATA, COSTS OPPORTUNITIES, REPUTATION, PROFITS OR EXPENSESREVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT). IN EACH CASE NO EVENT SHALL THE LIABILITY OF JUMPGATE AND ITS AFFILIATES (IAND THOSE THAT JUMPGATE WORKS WITH TO PROVIDE THE SERVICES) THROUGH EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (III)A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, WHETHER IF ANY, OR NOT FORSEEABLE; (B) US $1000. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND jumpGate AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF LIFERAY, jumpGate OR ITS AFFILIATES OR A BUSINESS PARTNER HAS BEEN ADVISED TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGESDAMAGE, LOSSESAND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, COSTS OR EXPENSESSO THESE LIMITS MAY NOT APPLY TO YOU.

EXCLUSION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY ZENKEY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY TO YOU OR YOUR AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTYDUTY OR ANY DATA BREACHES OR OTHER INFORMATION SECURITY INCIDENTS; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLEFORESEEABLE; EVEN IF LIFERAYZENKEY, ITS AFFILIATES OR A BUSINESS PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES.

EXCLUSION OF LIABILITY. SUBJECT TO SECTION 7.3, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE AGREEMENT OR AN ORDER FORM AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY A PARTY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY TO YOU THE OTHER PARTY AND/OR YOUR ITS AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH:, 7.1 責任の排除 (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OR CORRUPTION OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, RELIANCE OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY THE OTHER PARTY’S NON-COMPLIANCE, DELAYSCOMPLIANCE WITH LAWS OR REGULATIONS (INCLUDING WITHOUT LIMITATIONS THOSE APPLICABLE TO THE OTHER PARTY’S OPERATIONS OR USE OF THE SOFTWARE OR SERVICES), PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTYLIABILITY AND INTERRUPTION OR DELAYS IN THE OTHER PARTY'S BUSINESS; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLEFORESEEABLE; EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES.

EXCLUSION OF LIABILITY. 10.1 TO THE MAXIMUM FULLEST EXTENT PERMITTED UNDER APPLICABLE BY LAW WE DISCLAIM AND EXCLUDE ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES, WHETHER IMPLIED OR EXPRESS AND WHETHER ARISING BY LAW, CONTRACT OR FROM A COURSE OF DEALINGS BETWEEN US. 10.2 WE DO NOT GUARANTEE THE CONTINUOUS OR UNINTERRUPTED OPERABILITY OF THE INSTAPASS SERVICE. 10.3 THERE MAY BE PERIODS OF DOWNTIME FOR MAINTENANCE AND UPGRADE WORK (WHETHER ON A SCHEDULED OR UNSCHEDULED BASIS). WE ARE NOT RESPONSIBLE FOR THE SECURITY OF INFORMATION THAT YOU CHOOSE TO COMMUNICATE WITH US WHILE IT IS BEING TRANSMITTED OR FOR ANY DATA LOST DURING TRANSMISSION. 10.4 IN NO EVENT WILL LIFERAY SHALL WE, OUR AGENTS, OFFICERS, EMPLOYEES OR SUB- CONTRACTORS BE LIABLE TO YOU FOR ANY LOSS OR CORRUPTION OF ITS AFFILIATES HAVE DATA; SOFTWARE OR HARDWARE; LOSS OF ANTICIPATED SAVINGS; LOSS OF PROFIT OR ECONOMIC LOSSES; INDIRECT, SPECIAL OR CONSEQUENTIAL LOSSES. ANY LIABILITY WE DO HAVE FOR LOSSES YOU SUFFER IS STRICTLY LIMITED TO LOSSES THAT WERE REASONABLY FORESEEABLE AND, IN ANY CASE, SHALL NOT EXCEED THE SUM OF £150. 10.5 YOU AGREE THAT WE DO NOT ASSUME, HAVE OR YOUR AFFILIATESOWE ANY OBLIGATIONS OR DUTIES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE FIDUCIARY OR OTHERWISE, TO YOU EXCEPT AS ARE EXPRESSLY SET OUT IN THESE TERMS. 10.6 WE WILL NOT BE LIABLE OR RESPONSIBLE FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE FAILURE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITSPERFORM, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR DELAY IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH PERFORMANCE OF ANY IMPLIED DUTY; OR (III) OF OUR OBLIGATIONS THAT IS CAUSED BY ANY LOSSES, COSTS, EXPENSES ACT OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OMISSION OF A THIRD PARTY OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLE; EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSESEVENTS OUTSIDE OUR REASONABLE CONTROL.

EXCLUSION OF LIABILITY. SUBJECT TO SECTION 7.3, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT OR AN ORDER AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY A PARTY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY TO YOU THE OTHER PARTY AND/OR YOUR ITS AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-NON- COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLEFORESEEABLE; EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES.

EXCLUSION OF LIABILITY. These are the limits of legal liability we may have to you. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWLAW (AND UNLESS SOLUTIONS CENTRAL (DBA SECURITY CURRENT) HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), IN NO EVENT WILL LIFERAY OR ANY OF SOLUTIONS CENTRAL (DBA SECURITY CURRENT) AND ITS AFFILIATES HAVE ANY LIABILITY (AND THOSE THAT SOLUTIONS CENTRAL (DBA SECURITY CURRENT) WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR YOUR AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, OTHERS FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSESOR ANY LOSS OF DATA, COSTS OPPORTUNITIES, REPUTATION, PROFITS OR EXPENSESREVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT). IN EACH CASE NO EVENT SHALL THE LIABILITY OF SOLUTIONS CENTRAL (IDBA SECURITY CURRENT) THROUGH AND ITS AFFILIATES (III)AND THOSE THAT SOLUTIONS CENTRAL (DBA SECURITY CURRENT) WORKS WITH TO PROVIDE THE SERVICES) EXCEED, WHETHER IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR NOT FORSEEABLE; YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SOLUTIONS CENTRAL (DBA SECURITY CURRENT) AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF LIFERAY, SOLUTIONS CENTRAL (DBA SECURITY CURRENT) OR ITS AFFILIATES OR A BUSINESS PARTNER HAS BEEN ADVISED TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGESDAMAGE, LOSSESAND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, COSTS OR EXPENSESSO THESE LIMITS MAY NOT APPLY TO YOU.

EXCLUSION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY TO YOU OR YOUR AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT AND SERVICE LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT AND SERVICE LIABILITY, RELIANCE, BREACH OF TRUST OR BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTALINCIDENTAL (SUFFERED BY THE INNOCENT PARTY AS A RESULT OF A DIRECT DAMAGE), SPECIAL, EXEMPLARY, CONSEQUENTIAL (RESULTING FROM A CONTRACTUAL VIOLATION OR AN SPECIFIC SITUATION OF A PARTY) OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLE; ;, THE RESPONSIBILITY OF THE PARTIES AND ITS AFFILIATES WILL BE EXCLUDED, EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES.

EXCLUSION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWLAW (AND UNLESS MY CAR AUCTION HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), IN NO EVENT WILL LIFERAY OR ANY OF MY CAR AUCTION AND ITS AFFILIATES HAVE ANY LIABILITY (AND THOSE THAT MY CAR AUCTION WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR YOUR AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, OTHERS FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSESOR ANY LOSS OF DATA, COSTS OPPORTUNITIES, REPUTATION, PROFITS OR EXPENSESREVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT). IN EACH CASE NO EVENT SHALL THE LIABILITY OF MY CAR AUCTION AND ITS AFFILIATES (IAND THOSE THAT MY CAR AUCTION WORKS WITH TO PROVIDE THE SERVICES) THROUGH EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (III)A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, WHETHER IF ANY, OR NOT FORSEEABLE; (B) US $1000. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MY CAR AUCTION AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF LIFERAY, MY CAR AUCTION OR ITS AFFILIATES OR A BUSINESS PARTNER HAS BEEN ADVISED TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGESDAMAGE, LOSSESAND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, COSTS OR EXPENSESSO THESE LIMITS MAY NOT APPLY TO YOU.

EXCLUSION OF LIABILITY. These are the limits of legal liability we may have to you. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWLAW (AND UNLESS LINKEDIN HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), IN NO EVENT WILL LIFERAY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY LINKEDIN (AND THOSE THAT LINKEDIN WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR YOUR AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, OTHERS FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSESOR ANY LOSS OF DATA, COSTS OPPORTUNITIES, REPUTATION, PROFITS OR EXPENSESREVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT). IN EACH CASE NO EVENT SHALL THE LIABILITY OF LINKEDIN (IAND THOSE THAT LINKEDIN WORKS WITH TO PROVIDE THE SERVICES) THROUGH EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (III)A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, WHETHER IF ANY, OR NOT FORSEEABLE; (B) US $1000. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND LINKEDIN AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER LINKEDIN HAS BEEN ADVISED TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGESDAMAGE, LOSSESAND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, COSTS OR EXPENSESSO THESE LIMITS MAY NOT APPLY TO YOU. The foregoing exclusion/limitation of liability shall not apply to (1) personal injury or death resulting from LinkedIn’s gross negligence to the extent permitted by law; (2) for fraud; or (3) for any other matter for which liability cannot be excluded by law.

EXCLUSION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY TO YOU OR YOUR AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT AND SERVICE LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT AND SERVICE LIABILITY, RELIANCE, BREACH OF TRUST OR BREACH OF ANY IMPLIED DUTY; OR OR CUALQUIER XXXXX DE DERECHO POSITIVO, DERECHO COMÚN, DE LOS TRATOS COMERCIALES ENTRE LAS PARTES, DE CUALQUIER COSTUMBRE O USO COMERCIAL, O DE CUALQUIER OTRO INSTRUMENTO). LIFERAY NO GARANTIZA QUE (I) EL SOFTWARE CUMPLA LAS NECESIDADES O REQUERIMIENTOS DEL CLIENTE, (II) QUE EL SOFTWARE VAYA A PODER SER UTILIZADO SIN INTERRUPCIONES, O ESTÉ LIBRE DE ERRORES, NI (III) ANY LOSSESQUE EL SOFTWARE CUMPLA CUALESQUIERA REQUISITOS DE CARÁCTER REGULATORIO QUE PUDIERAN SER DE APLICACIÓN AL CLIENTE, COSTSO SE AJUSTE EXACTAMENTE A LA DESCRIPCIÓN DEL MISMO PREVISTA EN LA DOCUMENTACIÓN ADJUNTA. SI BIEN LIFERAY HA TOMADO TODAS LAS MEDIDAS NECESARIAS PARA CORREGIR ERRORES O DEFECTOS EN EL SOFTWARE Y EN LOS SERVICIOS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGESEL CLIENTE RECONOCE QUE ES IMPOSIBLE QUE UN SISTEMA DE TECNOLOGÍA DE LA INFORMACIÓN ESTÉ COMPLETAMENTE LIBRE DE ERRORES O DEFECTOS. EL CLIENTE RECONOCE Y ACEPTA QUE SERÁ EL ÚNICO RESPONSABLE DE CUALESQUIERA RESULTADOS QUE PUDIERAN DERIVAR DEL USO DEL SOFTWARE. SIN PERJUICIO DE LA GENERALIDAD DE LO ANTERIOR, INCLUDING WITHOUT LIMITATIONEL SOFTWARE NO HA SIDO DISEÑADO, ANY INDIRECTFABRICADO NI SE FACILITA ESPECÍFICAMENTE A EFECTOS DE SU UTILIZACIÓN EN (1) INSTALACIONES O ENTORNOS QUE NO ADMITAN FALLO ALGUNO, INCIDENTALINCLUYENDO SIN LIMITACIÓN ALGUNA EN (A) LA PLANIFICACIÓN, SPECIALCONSTRUCCIÓN, EXEMPLARYMANTENIMIENTO, CONSEQUENTIAL OR PUNITIVE DAMAGESCONTROL U EXPLOTACIÓN DIRECTA DE INSTALACIONES NUCLEARES, LOSSES(B) NAVEGACIÓN AÉREA, COSTS OR EXPENSES. IN EACH CASE SISTEMAS DE CONTROL O COMUNICACIÓN, O SISTEMAS XX XXXXXXXXX, (IC) THROUGH SISTEMAS DE SOPORTE VITAL DIRECTO, O (III)2) ACTIVIDADES SIMILARES DE EXTREMA PELIGROSIDAD O SUJETAS A UN RÉGIMEN DE RESPONSABILIDAD OBJETIVA EN CASO XX XXXXX, WHETHER OR NOT FORSEEABLE; EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSESSIENDO EL CLIENTE EL ÚNICO Y EXCLUSIVO RESPONSABLE DE DICHA UTILIZACIÓN Y ASUMIENDO EXPRESAMENTE EL CLIENTE CUALQUIER RIESGO QUE PUDIERA DERIVARSE DE DICHA UTILIZACIÓN.

EXCLUSION OF LIABILITY. TO THE MAXIMUM FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWBY LAW NEITHER WE NOR OUR ASSOCIATES, IN NO EVENT WILL LIFERAY AGENTS, DELEGATES, SUB-CONTRACTORS OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR YOUR AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITHOTHERS FOR: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSESOR ANY LOSS OF DATA, COSTS OPPORTUNITIES, REPUTATION, PROFITS OR EXPENSES. REVENUES, RELATED TO THE SERVICES; or (II) ANY ACT OR OMISSION IN CONNECTION WITH THE PROVISION OF ANY SERVICES BEYOND THE AGREED SCOPE OF THE SERVICES; or (III) ANY LOSSES CAUSED BY YOUR FRAUD, GROSS NEGLIGENCE OR WILFULL MISCONDUCT IN NO EVENT SHALL THE LIABILITY OF THE SERVICE PROVIDER OR OUR ASSOCIATES, AGENTS, DELEGATES, DIRECTORS, OFFICERS, SUB-CONTRACTORS OR SERVICE PROVIDERS EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF: ▪ IF YOU HAVE A SERVICE AGREEMENT WITH US, (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) £1,000,000; or ▪ IF YOU DO NOT HAVE A SERVICE AGREEMENT WITH US, (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A SERVICE, IF ANY, OR (B) £10,000, PROVIDED IN EACH CASE THAT, WHERE SUCH LIABILITY ARISES AS A RESULT OF THE ACT OR OMISSION OF AN AGENT, DELEGATE, SUB-CONTRACTOR OR OTHER THIRD PARTY SERVICE PROVIDER ENGAGED BY US IN CONNECTION WITH THE PROVISION OF THE SERVICES, OUR LIABILITY SHALL BE FURTHER LIMITED TO THE AMOUNT THAT WE ARE ABLE TO RECOVER, USING COMMERCIALLY REASONABLE EFFORTS, FROM SUCH THIRD PARTY AGENT, DELEGATE, SUBCONTRACTOR OR OTHER SERVICE PROVIDER AS A RESULT OF SUCH ACT OR OMISSION. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (IE.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) THROUGH (III), WHETHER OR NOT FORSEEABLE; AND EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER HAS WE HAVE BEEN ADVISED TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGESDAMAGE, LOSSESAND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COSTS NO MEMBER OF OUR STAFF WILL HAVE ANY PERSONAL LIABILITY TO YOU FOR ANY ALLEGED BREACH OF THE AGREEMENT AND/OR EXPENSESIN CONNECTION WITH THE PROVISION OF THE SERVICES AND THAT YOU WILL NOT BRING ANY CLAIM AGAINST ANY SUCH MEMBER OF STAFF IN RESPECT OF ANY SUCH BREACH.

EXCLUSION OF LIABILITY. SUBJECT TO SECTION 7.3 BELLOW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE AGREEMENT OR AN ORDER FORM AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY A PARTY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY TO YOU THE OTHER PARTY AND/OR YOUR ITS AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OR CORRUPTION OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, RELIANCE OR COVER COSTS OR OF ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY THE OTHER PARTY’S NON-COMPLIANCE, DELAYSCOMPLIANCE WITH LAWS OR REGULATIONS (INCLUDING WITHOUT LIMITATIONS THOSE APPLICABLE TO THE OTHER PARTY’S OPERATIONS OR USE OF THE SOFTWARE OR SERVICES), PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTYLIABILITY AND INTERRUPTION OR DELAYS IN THE OTHER PARTY'S BUSINESS; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLE; FORESEEABLE, EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES. QUAISQUER OUTRAS GARANTIAS, AFIRMAÇÕES, CONDIÇÕES E TERMOS, EXPRESSOS OU IMPLÍCITOS (SEJAM ELES APLICÁVEIS POR FORÇA DE LEI, COSTUME, PRECEDENTE OU PRÁTICA COMERCIAL, ENTRE OUTROS), SÃO DESDE XX EXCLUÏDOS NA MAIOR EXTENSÃO PERMITIDA PELO ORDENAMENTO JURÍDICO. A LIFERAY E SUAS AFILIADAS NÃO GARANTEM QUE OS SERVIÇOS OU QUALQUER SOFTWARE FORNECIDOS NOS TERMOS DO ACORDO FORAM CRIADOS COM VISTAS A ATENDER AO OBJETIVO E A EXIGÊNCIAS ESPECÍFICAS DE NEGÓCIOS DO CLIENTE, OU QUE O SEU USO SERÁ ININTERRUPTO OU LIVRE DE ERROS, TAMPOUCO GARANTINDO A OBSERVÂNCIA ÀS EXIGÊNCIAS LEGAIS OU REGULATÓRIAS APLICÁVEIS AO CLIENTE, OU MESMO ASSEGURANDO QUE XXX CORRIGIR TODOS OS ERROS DE SOFTWARE. O CLIENTE DECLARA SER O ÚNICO RESPONSÁVEL PELOS RESULTADOS OBTIDOS ATRAVÉS DO USO DOS SERVIÇOS E DO SOFTWARE FORNECIDOS NOS TERMOS DO ACORDO. SEM LIMITAR A ABRANGÊNCIA DA PRESENTE EXCLUSÃO DE RESPONSABILIDADE, OS SERVIÇOS E QUALQUER SOFTWARE FORNECIDOS NOS TERMOS DO ACORDO NÃO FORAM DESENHADOS, MANUFATURADOS OU CONCEBIDOS PARA SEREM UTILIZADOS EM (I) AMBIENTES OU INSTALAÇÕES QUE EXIGEM PERFORMANCE À PROVA DE ERROS, INCLUINDO-SE, MAS NÃO SE LIMITANDO A, (A) O PLANEJAMENTO, A CONSTRUÇÃO, A MANUTENÇÃO, O CONTROLE, OU A OPERAÇÃO DIRETA DE INSTALAÇÕES NUCLEARES; (B) SISTEMAS DE NAVEGAÇÃO, COMUNICAÇÃO OU CONTROLE DE AERONAVES E SISTEMAS XX XXXXX; (C) SISTEMAS DE SUPORTE IMEDIATO À VIDA; OU (II) ATIVIDADES ULTRA PERIGOSAS OU DE RESPONSABILIDADE OBJETIVA DO CLIENTE, O QUAL SERÁ O ÚNICO RESPONSÁVEL E QUE DESDE XX ASSUME EXPRESSAMENTE TODO O RISCO XX XXXX DE UTILIZAÇÃO.

EXCLUSION OF LIABILITY. SELLER HAS COMMITTED TO BUYER THAT ON THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWRESPECTIVE DELIVERY DATE EACH AIRCRAFT WILL BE IN THE CONDITION REQUIRED BY ARTICLE 5. SUCH COMMITMENT OR COVENANT ON THE PART OF SELLER EXPIRES AND BECOMES NULL AND THE DISCLAIMERS SET FORTH IN THIS ARTICLE 8 APPLY UPON BUYER'S ACCEPTANCE OF EACH AIRCRAFT AND EXECUTION OF THE AIRCRAFT DELIVERY RECEIPT RELATING TO SUCH AIRCRAFT. AFTER SUCH TIME, IN NO EVENT WILL LIFERAY OR THEN AS BETWEEN BUYER AND SELLER: 8.1 As Is, Where Is". BUYER AGREES THAT IT IS PURCHASING EACH AIRCRAFT "AS IS, WHERE IS". BUYER UNCONDITIONALLY ACKNOWLEDGES AND AGREES THAT NEITHER SELLER NOR ANY OF ITS AFFILIATES OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES HAVE MADE OR WILL BE DEEMED TO HAVE MADE ANY LIABILITY TERM, CONDITION, REPRESENTATION, WARRANTY OR COVENANT EXPRESS OR IMPLIED (WHETHER STATUTORY OR OTHERWISE) AS TO YOU (a) THE CAPACITY, AGE, AIRWORTHINESS, VALUE, QUALITY, DURABILITY, CONFORMITY TO THE PROVISIONS OF THIS AGREEMENT, DESCRIPTION, CONDITION (WHETHER OF THE AIRCRAFT, ANY ENGINE, ANY PART THEREOF OR YOUR AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCETHE AIRCRAFT DOCUMENTATION), PRODUCT LIABILITYDESIGN, STATUTE WORKMANSHIP, MATERIALS, MANUFACTURE, CONSTRUCTION, OPERATION, DESCRIPTION, STATE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR ANY PARTICULAR USE OR OTHERWISE, FOR PURPOSE (INCLUDING THE ABILITY TO OPERATE THE AIRCRAFT OR USE THE AIRCRAFT DOCUMENTATION IN CONNECTION WITH: (IANY OR ALL JURISDICTIONS) OR SUITABILITY OF THE AIRCRAFT OR ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITSPART THEREOF, OR COVER COSTS THE ABSENCE OF LATENT OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III)DEFECTS, WHETHER OR NOT FORSEEABLE; EVEN IF LIFERAYDISCOVERABLE, ITS AFFILIATES KNOWN OR A BUSINESS PARTNER HAS BEEN ADVISED UNKNOWN, APPARENT OR CONCEALED, EXTERIOR OR INTERIOR, (b) THE ABSENCE OF ANY INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, (c) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, OR (d) ANY OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE POSSIBILITY AIRCRAFT OR ANY PART THEREOF, ALL OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSESWHICH ARE HEREBY EXPRESSLY EXCLUDED AND EXTINGUISHED. SELLER AND BUYER HEREBY ACKNOWLEDGE THAT SELLER'S EXPRESS REPRESENTATION AND WARRANTY OF TITLE IS EXCLUDED FROM THE FOREGOING.

EXCLUSION OF LIABILITY. SUBJECT TO SECTION 7.3, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE AGREEMENT OR AN ORDER FORM AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY A PARTY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY TO YOU THE OTHER PARTY AND/OR YOUR ITS AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS ARISING UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OR CORRUPTION OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, RELIANCE OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY THE OTHER PARTY’S NON-COMPLIANCE, DELAYSCOMPLIANCE WITH LAWS OR REGULATIONS (INCLUDING WITHOUT LIMITATIONS THOSE APPLICABLE TO THE OTHER PARTY’S OPERATIONS OR USE OF THE SOFTWARE OR SERVICES), PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTYLIABILITY AND INTERRUPTION OR DELAYS IN THE OTHER PARTY'S BUSINESS; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLEFORESEEABLE; EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAG ES, LOSSES, COSTS OR EXPENSES.

EXCLUSION OF LIABILITY. EXCEPT IN RELATION TO THE NON-EXCLUDABLE OBLIGATIONS, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY TO YOU OR YOUR AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORSEEABLEFORESEEABLE; EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES.

EXCLUSION OF LIABILITY. CCH AND ITS AFFILIATES, AND THE EMPLOYEES, OFFICERS AND/OR AGENTS THEREOF, WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWPARTNER, IN NO EVENT WILL LIFERAY ANY OF PARTNER’S CUSTOMERS, OR ANY OF ITS AFFILIATES HAVE OTHER THIRD PARTY FOR ANY LIABILITY TO YOU OR YOUR AFFILIATESDIRECT, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH: (I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE; (II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR (III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR PUNITIVE DAMAGESINABILITY TO USE, LOSSESTHE OIP KIT OR ANY CONSTITUENT ELEMENT THEREOF, COSTS OR EXPENSES. IN EACH CASE (I) THROUGH (III)ANY WAY ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, DATA LOSS, OR NOT FORSEEABLE; COMPUTER FAILURE OR MALFUNCTION, EVEN IF LIFERAY, ITS AFFILIATES CCH OR A BUSINESS PARTNER ANY OF THE FOREGOING PARTIES HAS BEEN ADVISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGES. PARTNER ACKNOWLEDGES THAT ABSENT PARTNER’S AGREEMENT TO THE FOREGOING DISCLAIMERS, LOSSESEXCLUSIONS AND LIMITATIONS, COSTS CCH WOULD NOT PROVIDE THE OIP KIT OR EXPENSESANY PORTION THEREOF. EXCEPT FOR COLLECTION ACTIONS, WHICH MAY BE BROUGHT BY CCH AT ANY TIME, NO ACTION ARISING OUT OF ANY CLAIMED BREACH OF THIS AGREEMENT OR TRANSACTIONS UNDER THIS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE YEAR AFTER THE EVENT WHICH GIVES RISE TO THE SPECIFIC CAUSE OF ACTION. IN ANY CASE, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CCH’S AGGREGATE LIABILITY TO PARTNER OR ANY AUTHORIZED USER IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED FIFTY U.S. DOLLARS ($50.00).