Common use of EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY Clause in Contracts

EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. For purposes of the exclusive remedies and limitations of liability set forth in this Section, "Dialogic" will be deemed to include Dialogic Inc. and its Affiliates and the directors, officers, employees, agents, representatives, subcontractors and suppliers of all of them and Customer shall be deemed to include Customer and its Affiliates and the directors, officers, employees, agents, representatives, subcontractors and suppliers of all of them; and "Damages" will be deemed to refer collectively to any and all claims, injuries, damages, losses, costs or expenses incurred. B. DIALOGIC'S ENTIRE LIABILITY TO CUSTOMER AND CUSTOMER’S ENTIRE LIABILITY TO DIALOGIC AND BOTH PARTIES' EXCLUSIVE REMEDIES ARISING FROM OR RELATED IN ANY WAY TO THIS AGREEMENT OTHER THAN PAYMENT OBLIGATIONS (INCLUDING WITHOUT LIMITATION THE PERFORMANCE OR NONPERFORMANCE OF ANY SERVICES UNDER THIS AGREEMENT) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, WILL BE AS FOLLOWS: (i) IN NO EVENT SHALL DIALOGIC OR CUSTOMER BE LIABLE FOR ANY INDIRECT DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER INCLUDING BUT NOT LIMITED TO INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF DIALOGIC OR CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (ii) OTHER THEN FOR DAMAGES ARISING AS A RESULT OF THE BREACH OF THE CONFIDENTIALITY OBLIGATIONS HEREUNDER AND PAYMENT OBLIGATIONS IN NO EVENT SHALL DIALOGIC OR CUSTOMER’S CUMULATIVE LIABILITY TO THE OTHER PARTY FOR ANY AND ALL CLAIMS RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER EXCEED THE AMOUNT PAID OR OWED BY CUSTOMER TO DIALOGIC FOR THE SERVICES FOR THE APPLICABLE ANNUAL TERM DURING WHICH THE DAMAGES AROSE. (iii) DIALOGIC WILL HAVE NO LIABILITY FOR DELAYS WITH RESPECT TO ANY RESPONSE TIMES SPECIFIED IN EXHIBIT A. (iv) With regard to any equipment loaned to Dialogic as described herein or in an exhibit or appendix to this Agreement, DIALOGIC WILL BE LIABLE ONLY FOR ACTUAL DAMAGE TO SUCH EQUIPMENT CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF DIALOGIC'S EMPLOYEES OR SUBCONTRACTORS. C. Dialogic shall have no liability related to products sold or licensed by Customer or services provided by Customer under any circumstances regardless of whether Services were provided by Dialogic related to such products or services.

EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. For purposes of the exclusive remedies and limitations of liability set forth in this Section, "Dialogic" will be deemed to include Dialogic Inc. and its Affiliates affiliates and the directors, officers, employees, agents, representatives, subcontractors and suppliers of all of them and Customer shall be deemed to include Customer and its Affiliates affiliates and the directors, officers, employees, agents, representatives, subcontractors and suppliers of all of them; and "Damages" will be deemed to refer collectively to any and all claims, injuries, damages, losses, costs or expenses incurred. B. DIALOGIC'S ENTIRE LIABILITY TO CUSTOMER AND CUSTOMER’S ENTIRE LIABILITY TO DIALOGIC AND BOTH PARTIES' EXCLUSIVE REMEDIES ARISING FROM OR RELATED IN ANY WAY TO THIS AGREEMENT OTHER THAN PAYMENT OBLIGATIONS (INCLUDING WITHOUT LIMITATION THE PERFORMANCE OR NONPERFORMANCE OF ANY SERVICES UNDER THIS AGREEMENT) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, WILL BE AS FOLLOWS: (i) IN NO EVENT SHALL DIALOGIC OR CUSTOMER BE LIABLE FOR ANY INDIRECT DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER INCLUDING BUT NOT LIMITED TO INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF DIALOGIC OR CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (ii) OTHER THEN FOR DAMAGES ARISING AS A RESULT OF THE BREACH OF THE CONFIDENTIALITY OBLIGATIONS HEREUNDER AND PAYMENT OBLIGATIONS IN NO EVENT SHALL DIALOGIC OR CUSTOMER’S CUMULATIVE LIABILITY TO THE OTHER PARTY FOR ANY AND ALL CLAIMS RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER EXCEED THE AMOUNT PAID OR OWED BY CUSTOMER TO DIALOGIC FOR THE SERVICES FOR THE APPLICABLE ANNUAL TERM DURING WHICH THE DAMAGES AROSE. AND (iii) DIALOGIC WILL HAVE NO LIABILITY FOR DELAYS WITH RESPECT TO ANY RESPONSE TIMES SPECIFIED IN EXHIBIT A. (iv) With regard to any equipment loaned to Dialogic as described herein or in an exhibit or appendix to this Agreement, DIALOGIC WILL BE LIABLE ONLY FOR ACTUAL DAMAGE TO SUCH EQUIPMENT CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF DIALOGIC'S EMPLOYEES OR SUBCONTRACTORS. (v) Customer represents that it shall not use the Services or any Delivered Information or other materials obtained from Dialogic pursuant to this Agreement, in aviation, process control, medical applications or other ultra hazardous activities. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, CUSTOMER AGREES THAT DIALOGIC SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM SUCH ACTIVITIES. C. Dialogic shall have no liability related to products sold or licensed by Customer or services provided by Customer under any circumstances regardless of whether Services were provided by Dialogic related to such products or services. Customer agrees to defend, indemnify and hold Dialogic harmless from and against any and all loss, damage, liability or expense (including attorney’s fees) resulting from any claim related to Customer products or services, including intellectual property claims.

EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. For purposes of the exclusive remedies and limitations of liability set forth in this Section, "Dialogic" will be deemed to include Dialogic Inc. and and/or its Affiliates affiliates and the directors, officers, employees, agents, representatives, subcontractors and suppliers of all of them and Customer shall be deemed to include Customer and and/or its Affiliates affiliates and the directors, officers, employees, agents, representatives, subcontractors and suppliers of all of them; and "Damages" will be deemed to refer collectively to any and all claims, injuries, damages, losses, costs or expenses incurred. B. DIALOGIC'S ENTIRE LIABILITY TO CUSTOMER AND CUSTOMER’S ENTIRE LIABILITY TO DIALOGIC AND BOTH PARTIES' EXCLUSIVE REMEDIES ARISING FROM OR RELATED IN ANY WAY TO THIS AGREEMENT OTHER THAN PAYMENT OBLIGATIONS (INCLUDING WITHOUT LIMITATION THE PERFORMANCE OR NONPERFORMANCE OF ANY SERVICES UNDER THIS AGREEMENT) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, WILL BE AS FOLLOWS: (i) IN NO EVENT SHALL DIALOGIC OR CUSTOMER BE LIABLE FOR ANY INDIRECT DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER INCLUDING BUT NOT LIMITED TO INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF DIALOGIC OR CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (ii) OTHER THEN FOR DAMAGES ARISING AS A RESULT OF THE BREACH OF THE CONFIDENTIALITY OBLIGATIONS HEREUNDER AND PAYMENT OBLIGATIONS IN NO EVENT SHALL DIALOGIC OR CUSTOMER’S CUMULATIVE LIABILITY TO THE OTHER PARTY FOR ANY AND ALL CLAIMS RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER EXCEED THE AMOUNT PAID OR OWED BY CUSTOMER TO DIALOGIC FOR THE SERVICES FOR THE APPLICABLE ANNUAL TERM DURING WHICH THE DAMAGES AROSE. AND (iii) DIALOGIC WILL HAVE NO LIABILITY FOR DELAYS WITH RESPECT TO ANY RESPONSE TIMES SPECIFIED IN EXHIBIT A. (iv) With regard to any equipment loaned to Dialogic as described herein or in an exhibit or appendix to this Agreement, DIALOGIC WILL BE LIABLE ONLY FOR ACTUAL DAMAGE TO SUCH EQUIPMENT CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF DIALOGIC'S EMPLOYEES OR SUBCONTRACTORS. (v) Customer represents that it shall not use the Services or any Delivered Information or other materials obtained from Dialogic pursuant to this Agreement, in aviation, process control, medical applications or other ultra hazardous activities. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, CUSTOMER AGREES THAT DIALOGIC SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM SUCH ACTIVITIES. C. Dialogic shall have no liability related to products sold or licensed by Customer or services provided by Customer under any circumstances regardless of whether Services were provided by Dialogic related to such products or services. Customer agrees to defend, indemnify and hold Dialogic harmless from and against any and all loss, damage, liability or expense (including attorney’s fees) resulting from any claim related to Customer products or services, including intellectual property claims.

EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. For purposes of the exclusive remedies and limitations of liability set forth in this Section, "Dialogic" will be deemed to include Dialogic Inc. and its Affiliates affiliates and the directors, officers, employees, agents, representatives, subcontractors and suppliers of all of them and Customer shall be deemed to include Customer and its Affiliates affiliates and the directors, officers, employees, agents, representatives, subcontractors and suppliers of all of them; and "Damages" will be deemed to refer collectively to any and all claims, injuries, damages, losses, costs or expenses incurred. B. DIALOGIC'S ENTIRE LIABILITY TO CUSTOMER AND CUSTOMER’S ENTIRE LIABILITY TO DIALOGIC AND BOTH PARTIES' EXCLUSIVE REMEDIES ARISING FROM OR RELATED IN ANY WAY TO THIS AGREEMENT OTHER THAN PAYMENT OBLIGATIONS (INCLUDING WITHOUT LIMITATION THE PERFORMANCE OR NONPERFORMANCE OF ANY SERVICES UNDER THIS AGREEMENT) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, WILL BE AS FOLLOWS: (i) IN NO EVENT SHALL DIALOGIC OR CUSTOMER BE LIABLE FOR ANY INDIRECT DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER INCLUDING BUT NOT LIMITED TO INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF DIALOGIC OR CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (ii) OTHER THEN FOR DAMAGES ARISING AS A RESULT OF THE BREACH OF THE CONFIDENTIALITY OBLIGATIONS HEREUNDER AND PAYMENT OBLIGATIONS AND CUSTOMER’S INDEMNITY OBLIGATIONS HEREUNDER, IN NO EVENT SHALL DIALOGIC OR CUSTOMER’S CUMULATIVE LIABILITY TO THE OTHER PARTY FOR ANY AND ALL CLAIMS RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER EXCEED THE AMOUNT PAID OR OWED BY CUSTOMER TO DIALOGIC FOR THE SERVICES FOR THE APPLICABLE ANNUAL TERM DURING WHICH THE DAMAGES AROSE. (iii) DIALOGIC WILL HAVE NO LIABILITY FOR DELAYS WITH RESPECT TO ANY RESPONSE TIMES SPECIFIED IN EXHIBIT A. (iv) With regard to any equipment loaned to Dialogic as described herein or in an exhibit or appendix to this Agreement, DIALOGIC WILL BE LIABLE ONLY FOR ACTUAL DAMAGE TO SUCH EQUIPMENT CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF DIALOGIC'S EMPLOYEES OR SUBCONTRACTORS. (v) Customer represents that it shall not use the Services or any Delivered Information or other materials obtained from Dialogic pursuant to this Agreement, in aviation, process control, medical applications or other ultra hazardous activities. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, CUSTOMER AGREES THAT DIALOGIC SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM SUCH ACTIVITIES. C. Dialogic shall have no liability related to products sold or licensed by Customer or services provided by Customer under any circumstances regardless of whether Services were provided by Dialogic related to such products or services. Customer agrees to defend, indemnify and hold Dialogic harmless from and against any and all loss, damage, liability or expense (including attorney’s fees) resulting from any claim related to Customer products or services, including intellectual property claims.

EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. For purposes of the exclusive remedies and limitations of liability set forth in this Section, "Dialogic" will be deemed to include Dialogic Inc. and its Affiliates affiliates and the directors, officers, employees, agents, representatives, subcontractors and suppliers of all of them and Customer shall be deemed to include Customer and and/or its Affiliates affiliates and the directors, officers, employees, agents, representatives, subcontractors and suppliers of all of them; and "Damages" will be deemed to refer collectively to any and all claims, injuries, damages, losses, costs or expenses incurred. B. DIALOGIC'S ENTIRE LIABILITY TO CUSTOMER AND CUSTOMER’S ENTIRE LIABILITY TO DIALOGIC AND BOTH PARTIES' EXCLUSIVE REMEDIES ARISING FROM OR RELATED IN ANY WAY TO THIS AGREEMENT OTHER THAN PAYMENT OBLIGATIONS (INCLUDING WITHOUT LIMITATION THE PERFORMANCE OR NONPERFORMANCE OF ANY SERVICES UNDER THIS AGREEMENT) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, WILL BE AS FOLLOWS: (i) IN NO EVENT SHALL DIALOGIC OR CUSTOMER BE LIABLE FOR ANY INDIRECT DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER INCLUDING BUT NOT LIMITED TO INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF DIALOGIC OR CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (ii) OTHER THEN FOR DAMAGES ARISING AS A RESULT OF THE BREACH OF THE CONFIDENTIALITY OBLIGATIONS HEREUNDER AND PAYMENT OBLIGATIONS AND CUSTOMER’S INDEMNITY OBLIGATIONS HEREUNDER, IN NO EVENT SHALL DIALOGIC OR CUSTOMER’S CUMULATIVE LIABILITY TO THE OTHER PARTY FOR ANY AND ALL CLAIMS RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER EXCEED THE AMOUNT PAID OR OWED BY CUSTOMER TO DIALOGIC FOR THE SERVICES FOR THE APPLICABLE ANNUAL TERM DURING WHICH THE DAMAGES AROSE. (iii) DIALOGIC WILL HAVE NO LIABILITY FOR DELAYS WITH RESPECT TO ANY RESPONSE TIMES SPECIFIED IN EXHIBIT A. (iv) With regard to any equipment loaned to Dialogic as described herein or in an exhibit or appendix to this Agreement, DIALOGIC WILL BE LIABLE ONLY FOR ACTUAL DAMAGE TO SUCH EQUIPMENT CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF DIALOGIC'S EMPLOYEES OR SUBCONTRACTORS. (v) Customer represents that it shall not use the Services or any Delivered Information or other materials obtained from Dialogic pursuant to this Agreement, in aviation, process control, medical applications or other ultra hazardous activities. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, CUSTOMER AGREES THAT DIALOGIC SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM SUCH ACTIVITIES. C. Dialogic shall have no liability related to products sold or licensed by Customer or services provided by Customer under any circumstances regardless of whether Services were provided by Dialogic related to such products or services. Customer agrees to defend, indemnify and hold Dialogic harmless from and against any and all loss, damage, liability or expense (including attorney’s fees) resulting from any claim related to Customer products or services, including intellectual property claims.

EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. For purposes of the exclusive remedies and limitations of liability set forth in this Section, "Dialogic" will be deemed to include Dialogic Inc. and its Affiliates and the directors, officers, employees, agents, representatives, subcontractors and suppliers of all of them and Customer shall be deemed to include Customer and its Affiliates and the directors, officers, employees, agents, representatives, subcontractors and suppliers of all of them; and "Damages" will be deemed to refer collectively to any and all claims, injuries, damages, losses, costs or expenses incurred. B. DIALOGIC'S ENTIRE LIABILITY TO CUSTOMER AND CUSTOMER’S ENTIRE LIABILITY TO DIALOGIC AND BOTH PARTIES' EXCLUSIVE REMEDIES ARISING FROM OR RELATED IN ANY WAY TO THIS AGREEMENT OTHER THAN PAYMENT OBLIGATIONS (INCLUDING WITHOUT LIMITATION THE PERFORMANCE OR NONPERFORMANCE OF ANY SERVICES UNDER THIS AGREEMENT) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, WILL BE AS FOLLOWS: (i) IN NO EVENT SHALL DIALOGIC OR CUSTOMER BE LIABLE FOR ANY INDIRECT DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER INCLUDING BUT NOT LIMITED TO INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF DIALOGIC OR CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (ii) OTHER THEN FOR DAMAGES ARISING AS A RESULT OF THE BREACH OF THE CONFIDENTIALITY OBLIGATIONS HEREUNDER AND PAYMENT OBLIGATIONS IN NO EVENT SHALL DIALOGIC OR CUSTOMER’S CUMULATIVE LIABILITY TO THE OTHER PARTY FOR ANY AND ALL CLAIMS RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER EXCEED THE AMOUNT PAID OR OWED BY CUSTOMER TO DIALOGIC FOR THE SERVICES FOR THE APPLICABLE ANNUAL TERM DURING WHICH THE DAMAGES AROSE. (iii) DIALOGIC WILL HAVE NO LIABILITY FOR DELAYS WITH RESPECT TO ANY RESPONSE TIMES SPECIFIED IN EXHIBIT A. (iv) With regard to any equipment loaned to Dialogic as described herein or in an exhibit or appendix to this Agreement, DIALOGIC WILL BE LIABLE ONLY FOR ACTUAL DAMAGE TO SUCH EQUIPMENT CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF DIALOGIC'S EMPLOYEES OR SUBCONTRACTORS. C. Dialogic shall have no liability related to products sold or licensed by Customer or services provided by Customer under any circumstances regardless of whether Starter-Pack Services were provided by Dialogic related to such products or services.

EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. For purposes The entire liability of the exclusive remedies and limitations of liability set forth in this Section, "Dialogic" will be deemed to include Dialogic Inc. 3Com and its Affiliates subsidiaries, affiliates and distributors (and the directors, officers, employees, agents, agents and representatives, subcontractors and suppliers of all of them and Customer shall be deemed to include Customer and its Affiliates and the directors, officers, employees, agents, representatives, subcontractors distributors and suppliers of all of them; ) and "Damages" will the exclusive remedy of Reseller and, insofar as the End-User Agreement so provides, any End-User, for any damages shall be deemed (1) for failure of products during the Warranty Period, the remedies as set forth in Section 2 of the End-User Agreement, (2) for infringement, the remedies stated in section 14 hereof or, in the case of End-Users, as set forth in Section 5 of the End-User Agreement, and (3) for claims other than set forth above, 3Com's liability shall be limited to refer collectively proven direct damages in an amount not to any and all claimsexceed the total amount of payments previously made by Reseller to 3Com under this Agreement. In the event that, injuriesnotwithstanding this Section 14.2, damages3Com is found liable for damages based on failure of the Products during the Warranty Period, losses3Com's total liability for each defective Product shall not exceed the discounted price of such defective Product. IN NO EVENT, costs or expenses incurred. B. DIALOGIC'S ENTIRE LIABILITY TO CUSTOMER AND CUSTOMER’S ENTIRE LIABILITY TO DIALOGIC AND BOTH PARTIES' EXCLUSIVE REMEDIES ARISING FROM OR RELATED IN ANY WAY TO THIS AGREEMENT OTHER THAN PAYMENT OBLIGATIONS (INCLUDING WITHOUT LIMITATION THE PERFORMANCE OR NONPERFORMANCE OF ANY SERVICES UNDER THIS AGREEMENT) REGARDLESS OF THE FORM OF ACTIONTHEORY, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, WILL BE AS FOLLOWS: (i) IN NO EVENT SHALL DIALOGIC OR CUSTOMER 3COM BE LIABLE FOR ANY INDIRECT DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER INCLUDING BUT NOT LIMITED TO INCIDENTAL, SPECIALCONSEQUENTIAL, EXEMPLARYINDIRECT, MULTIPLESPECIAL OR PUNITIVE DAMAGES OF ANY KIND, PUNITIVE OR CONSEQUENTIAL DAMAGESFOR LOSS OF REVENUE, INCLUDING LOST PROFITSLOSS OF BUSINESS, EVEN IF DIALOGIC LOSS OF DATA OR CUSTOMER HAS BEEN ADVISED OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, USE, PERFORMANCE, FAILURE OR INTERRUPTION OF ITS PRODUCTS OR SERVICES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, 3COM'S MAXIMUM LIABILITY HEREUNDER SHALL NOT EXCEED THE PURCHASE PRICE OF THE POSSIBILITY PRODUCTS OR SERVICES PURCHASED OR LICENSED DURING THE TERM OF SUCH DAMAGES. (ii) OTHER THEN FOR DAMAGES ARISING THIS AGREEMENT. RESELLER HAS ACCEPTED THE DISCLAIMER OF LIABILITY AS PART OF A RESULT BARGAIN TO LOWER THE PRICE OF THE BREACH PRODUCTS OR SERVICES AND UNDERSTANDS THAT THE PRICE OF THE CONFIDENTIALITY OBLIGATIONS HEREUNDER AND PAYMENT OBLIGATIONS IN NO EVENT SHALL DIALOGIC PRODUCTS OR CUSTOMER’S CUMULATIVE SERVICES WOULD BE HIGHER IF 3COM WERE REQUIRED TO BEAR ADDITIONAL LIABILITY. THIS DISCLAIMER. OF LIABILITY TO THE OTHER PARTY FOR WILL NOT BE AFFECTED IF ANY AND ALL CLAIMS RELATING TO THIS AGREEMENT OR THE SERVICES REMEDY PROVIDED HEREUNDER EXCEED THE AMOUNT PAID OR OWED BY CUSTOMER TO DIALOGIC FOR THE SERVICES FOR THE APPLICABLE ANNUAL TERM DURING WHICH THE DAMAGES AROSE. (iii) DIALOGIC WILL HAVE NO LIABILITY FOR DELAYS WITH RESPECT TO ANY RESPONSE TIMES SPECIFIED IN EXHIBIT A. (iv) With regard to any equipment loaned to Dialogic as described herein or in an exhibit or appendix to this Agreement, DIALOGIC WILL BE LIABLE ONLY FOR ACTUAL DAMAGE TO SUCH EQUIPMENT CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT HEREIN FAILS OF DIALOGIC'S EMPLOYEES OR SUBCONTRACTORSITS ESSENTIAL PURPOSE. C. Dialogic shall have no liability related to products sold or licensed by Customer or services provided by Customer under any circumstances regardless of whether Services were provided by Dialogic related to such products or services.

EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. For purposes of the exclusive remedies and limitations of liability set forth in this Section, "Dialogic" will be deemed to include Dialogic Inc. Corporation and its Affiliates and the directors, officers, employees, agents, representatives, subcontractors and suppliers of all of them and Customer shall be deemed to include Customer and its Affiliates and the directors, officers, employees, agents, representatives, subcontractors and suppliers of all of them; and "Damages" will be deemed to refer collectively to any and all claims, injuries, damages, losses, costs or expenses incurred. B. DIALOGIC'S ENTIRE LIABILITY TO CUSTOMER AND CUSTOMER’S ENTIRE LIABILITY TO DIALOGIC AND BOTH PARTIES' EXCLUSIVE REMEDIES ARISING FROM OR RELATED IN ANY WAY TO THIS AGREEMENT OTHER THAN PAYMENT OBLIGATIONS (INCLUDING WITHOUT LIMITATION THE PERFORMANCE OR NONPERFORMANCE OF ANY SERVICES UNDER THIS AGREEMENT) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, WILL BE AS FOLLOWS: (i) IN NO EVENT SHALL DIALOGIC OR CUSTOMER BE LIABLE FOR ANY INDIRECT DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER INCLUDING BUT NOT LIMITED TO INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF DIALOGIC OR CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (ii) OTHER THEN FOR DAMAGES ARISING AS A RESULT OF THE BREACH OF THE CONFIDENTIALITY OBLIGATIONS HEREUNDER AND PAYMENT OBLIGATIONS IN NO EVENT SHALL DIALOGIC OR CUSTOMER’S CUMULATIVE LIABILITY TO THE OTHER PARTY FOR ANY AND ALL CLAIMS RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER EXCEED THE AMOUNT PAID OR OWED BY CUSTOMER TO DIALOGIC FOR THE SERVICES FOR THE APPLICABLE ANNUAL TERM DURING WHICH THE DAMAGES AROSE. (iii) DIALOGIC WILL HAVE NO LIABILITY FOR DELAYS WITH RESPECT TO ANY RESPONSE OR RESOLUTION TIMES SPECIFIED IN EXHIBIT A. (iv) With regard to any equipment loaned to Dialogic as described herein or in an exhibit or appendix to this Agreement, DIALOGIC WILL BE LIABLE ONLY FOR ACTUAL DAMAGE TO SUCH EQUIPMENT CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF DIALOGIC'S EMPLOYEES OR SUBCONTRACTORS. C. Dialogic shall have no liability related to products sold or licensed by Customer or services provided by Customer under any circumstances regardless of whether Services were provided by Dialogic related to such products or services.

EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. For purposes of the exclusive remedies and limitations of liability set forth in this SectionFOR PURPOSES OF THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 9., "DialogicPARADYNE CORPORATION" will be deemed to include Dialogic Inc. and its Affiliates and the directorsSHALL BE DEEMED TO INCLUDE PARADYNE CORPORATION, officersITS PARENT, employeesSUBSIDIARIES AND THEIR AFFILIATES, agentsAND THE DIRECTORS, representativesOFFICERS, subcontractors and suppliers of all of them and Customer shall be deemed to include Customer and its Affiliates and the directorsEMPLOYEES, officersAGENTS, employeesREPRESENTATIVES, agentsSUBCONTRACTORS AND SUPPLIERS OF ALL OF THEM, representativesAND "DAMAGES" SHALL BE DEEMED TO REFER COLLECTIVELY TO ALL INJURY, subcontractors and suppliers of all of them; and "Damages" will be deemed to refer collectively to any and all claimsDAMAGE, injuries, damages, losses, costs or expenses incurredLOSS OR EXPENSE INCURRED. B. DIALOGICPARADYNE CORPORATION'S ENTIRE LIABILITY TO CUSTOMER AND CUSTOMER’S ENTIRE LIABILITY TO DIALOGIC AND BOTH PARTIES' ABI'S EXCLUSIVE REMEDIES AGAINST PARADYNE CORPORATION FOR ANY DAMAGES CAUSED BY ANY MATERIALS DEFECT OR FAILURE, OR ARISING FROM OR RELATED IN ANY WAY TO THIS AGREEMENT OTHER THAN PAYMENT OBLIGATIONS (INCLUDING WITHOUT LIMITATION THE PERFORMANCE OR NONPERFORMANCE NON-PERFORMANCE OF ANY SERVICES UNDER THIS AGREEMENT) WORK, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITYOTHERWISE, WILL SHALL BE AS FOLLOWS: (i1) IN NO EVENT SHALL DIALOGIC OR CUSTOMER BE LIABLE FOR ANY INDIRECT DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THIS AGREEMENT OR BREACH OF WARRANTY UNDER SECTION 6, SUCH REMEDIES AS ARE AFFORDED BY THE SERVICES APPLICABLE WARRANTY PROVIDED HEREUNDER INCLUDING BUT NOT LIMITED TO INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF DIALOGIC OR CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESTHEREUNDER. (ii2) OTHER THEN FOR DAMAGES ARISING AS A RESULT OF THE BREACH OF THE CONFIDENTIALITY OBLIGATIONS HEREUNDER AND PAYMENT OBLIGATIONS IN NO EVENT SHALL DIALOGIC TO REAL OR CUSTOMER’S CUMULATIVE LIABILITY TO THE OTHER PARTY TANGIBLE PERSONAL PROPERTY OR FOR ANY AND ALL CLAIMS RELATING TO THIS AGREEMENT BODILY INJURY OR THE SERVICES PROVIDED HEREUNDER EXCEED THE AMOUNT PAID OR OWED BY CUSTOMER TO DIALOGIC FOR THE SERVICES FOR THE APPLICABLE ANNUAL TERM DURING WHICH THE DAMAGES AROSE. (iii) DIALOGIC WILL HAVE NO LIABILITY FOR DELAYS WITH RESPECT DEATH TO ANY RESPONSE TIMES SPECIFIED IN EXHIBIT A.PERSON NEGLIGENTLY CAUSED BY PARADYNE CORPORATION, ABI'S RIGHT TO PROVEN DAMAGES TO PROPERTY OR PERSON. (iv3) With regard to any equipment loaned to Dialogic as described herein or in an exhibit or appendix to this AgreementFOR CLAIMS OTHER THAN SET FORTH ABOVE, DIALOGIC WILL PARADYNE CORPORATION'S LIABILITY SHALL BE LIABLE ONLY FOR ACTUAL DAMAGE LIMITED TO SUCH EQUIPMENT CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF DIALOGIC'S EMPLOYEES OR SUBCONTRACTORSDIRECT DAMAGES WHICH ARE PROVEN IN AN AMOUNT NOT TO EXCEED $100,000. C. Dialogic shall have no liability related to products sold or licensed by Customer or services provided by Customer under any circumstances regardless of whether Services were provided by Dialogic related to such products or services.

EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. For purposes of the exclusive remedies and limitations of liability set forth in this Section, "Dialogic" will be deemed to include Dialogic Inc. and its Affiliates and the directors, officers, employees, agents, representatives, subcontractors and suppliers of all of them and Customer shall be deemed to include Customer and its Affiliates and the directors, officers, employees, agents, representatives, subcontractors and suppliers of all of them; and "Damages" will be deemed to refer collectively to any and all claims, injuries, damages, losses, costs or expenses incurred. B. DIALOGIC'S THE ENTIRE LIABILITY TO CUSTOMER OF -------------------------------------------------- 3Com AND CUSTOMER’S ENTIRE LIABILITY TO DIALOGIC ITS AFFILIATES, DISTRIBUTORS, DEALERS AND BOTH PARTIES' SUPPLIERS (AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES OF ALL OF THEM) AND YOUR EXCLUSIVE REMEDIES ARISING FROM OR RELATED FOR ANY DAMAGES SHALL BE (1) FOR FAILURE OF PRODUCTS DURING THE WARRANTY PERIOD, THE REMEDIES STATED IN ANY WAY TO THIS AGREEMENT SECTION 2 HEREOF: (2) FOR INFRINGEMENT, THE REMEDIES STATED IN SECTION 5 HEREOF; AND (3) FOR CLAIMS OTHER THAN PAYMENT OBLIGATIONS SET FORTH ABOVE, 3Com LIABILITY SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE ORIGINAL DISCOUNTED PURCHASE PRICE OF THE PRODUCT. 3Com SHALL IN NO EVENT BE LIABLE FOR THE FOLLOWING TYPES OF DAMAGES: (1) INCIDENTAL DAMAGES; (2) SPECIAL OR CONSEQUENTIAL DAMAGES; (3) LOST PROFITS, SAVINGS OR REVENUES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF DATA, MESSAGES, OR TELEPHONE CALLS, AND (4) CHARGES FOR COMMON CARRIER TELECOMMUNICATIONS SERVICES OR FACILITIES ACCESSED THROUGH OR CONNECTED TO PRODUCTS. TO THE PERFORMANCE OR NONPERFORMANCE EXTENT PERMITTED BY LAW. SUCH DAMAGES ARE HEREBY EXCLUDED BOTH FOR PROPERTY DAMAGE, AND TO THE EXTENT NOT UNCONSCIONABLE, FOR PERSONAL INJURY DAMAGE. THE FOREGOING LIMITATIONS OF ANY SERVICES UNDER THIS AGREEMENT) LIABILITY SHALL APPLY REGARDLESS OF THE FORM CAUSE OF ACTION, WHETHER IN CONTRACT, TORT ACTION UNDER WHICH SUCH DAMAGES ARE SOUGHT. SOME STATES DO NOT ALLOW THE EXCLUSION OR ANY OTHER THEORY LIMITATION OF LIABILITY, WILL BE AS FOLLOWS: (i) IN NO EVENT SHALL DIALOGIC OR CUSTOMER BE LIABLE FOR ANY INDIRECT DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER INCLUDING BUT NOT LIMITED TO INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE, PUNITIVE INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF DIALOGIC SO THE ABOVE LIMITATION OR CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESEXCLUSION MAY NOT APPLY TO YOU. (ii) OTHER THEN FOR DAMAGES ARISING AS A RESULT OF THE BREACH OF THE CONFIDENTIALITY OBLIGATIONS HEREUNDER AND PAYMENT OBLIGATIONS IN NO EVENT SHALL DIALOGIC OR CUSTOMER’S CUMULATIVE LIABILITY TO THE OTHER PARTY FOR ANY AND ALL CLAIMS RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER EXCEED THE AMOUNT PAID OR OWED BY CUSTOMER TO DIALOGIC FOR THE SERVICES FOR THE APPLICABLE ANNUAL TERM DURING WHICH THE DAMAGES AROSE. (iii) DIALOGIC WILL HAVE NO LIABILITY FOR DELAYS WITH RESPECT TO ANY RESPONSE TIMES SPECIFIED IN EXHIBIT A. (iv) With regard to any equipment loaned to Dialogic as described herein or in an exhibit or appendix to this Agreement, DIALOGIC WILL BE LIABLE ONLY FOR ACTUAL DAMAGE TO SUCH EQUIPMENT CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF DIALOGIC'S EMPLOYEES OR SUBCONTRACTORS. C. Dialogic shall have no liability related to products sold or licensed by Customer or services provided by Customer under any circumstances regardless of whether Services were provided by Dialogic related to such products or services.

EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. For purposes of the exclusive remedies and limitations of liability set forth in this Section, "Dialogic" will be deemed to include Dialogic Inc. and its Affiliates and the directors, officers, employees, agents, representatives, subcontractors and suppliers of all of them and Customer shall be deemed to include Customer and its Affiliates and the directors, officers, employees, agents, representatives, subcontractors and suppliers of all of them; and "Damages" will be deemed to refer collectively to any and all claims, injuries, damages, losses, costs or expenses incurred. B. DIALOGIC'S THE ENTIRE LIABILITY TO CUSTOMER OF NET TEL AND CUSTOMER’S ENTIRE LIABILITY TO DIALOGIC ITS SUBSIDIARIES, AFFILIATES AND BOTH PARTIES' SUBCONTRCTORS, (AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRCTORS AND SUPPLIERS OF ALL OF THEM) AND YOUR EXCLUSIVE REMEDIES FOR ANY DAMAGES CAUSED BY ANY PRODUCT DEFECT OR FAILURE, OR ARISING FROM OR RELATED IN ANY WAY TO THIS AGREEMENT OTHER THAN PAYMENT OBLIGATIONS (INCLUDING WITHOUT LIMITATION THE PERFORMANCE OR NONPERFORMANCE NON-PERFORMANCE OF ANY SERVICES UNDER THIS AGREEMENT) WORK OR SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, WILL BE AS FOLLOWSOTHERWISE SHALL BE: (i1) FOR FAILURE OF PRODUCTS DURING THE EXTENDED WARRANTY PERIOD, THE REMEDIES STATE IN NO THIS AGREEMENT; (2) FOR NET TEL’S FAILURE TO PERFORM ANY MATERIAL TERM OF THIS AGREEMENT (E.G., NET TEL’S MAINTENANCE AGREEMENT SERVICE OBLIGATIONS), YOUR SOLE REMEDY SHALL BE TO CANCEL THIS AGREEMENT WITHOUT INCURRING CANCELLATION CHARGES IF NET TEL FAILS TO CORRECT SUCH FAILURES WTIHIN THIRTY (30) DAYS OF RECEIPT OF YOUR WRITTEN NOTICE; (3) FOR DAMAGES TO REAL OR TANGIBLE PERSONAL PROPERTY OR FOR BODILY INJURY OR DEATH TO ANY PERSON FOR WHICH NET TEL’S SOLE NEGLIGENCE WAS THE PROXIMATE CAUSE, YOUR RIGHT TO PROVEN DAMAGES TO PROPERTY OR PERSON; AND (4) FOR CLAIMS OTHER THAN SET FORTH ABOVE, NET TEL’S LIABILITY SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE PRICE OF SERVICE GIVING RISE TO THE LIABILITY OR $100,000, WHICHEVER IS LESS. NET TEL’S RESPONSIBILITY IN THE EVENT OF NEGLIGENT DAMAGE TO PRODUCTS COVERED BY THIS CONTRACT SHALL DIALOGIC BE LIMITED TO REPAIR OR REPLACEMENT OF SUCH PRODUCT OR PAYMENT TO THE CUSTOMER OF THE CURRENT FAIR MARKET VALUE AT THE DISCRETION OF NET TEL. IN THE EVENT OF DAMAGE TO PRODUCTS NOT COVERED BY THIS CONTRACT RESULTING FROM NET TEL’S NEGLIGENCE, NET TEL’S RESPONSIBILITY SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEVICE SO DAMAGED ONLY OR PAYMENT TO THE CUSTOMER OF THE FAIR MARKET VALUE OF THE DEVICE, AT THE DISCRETION OF NET TEL. NET TEL SHALL NOT BE LIABLE FOR ANY DAMAGE FOR CONSEQUENTIAL DAMAGES RESULTING FROM THE DAMAGE TO SAID DEVICE. THE WORD “DEVICE” AS USED HEREIN SHALL BE INTENDED TO REFER ONLY TO A PRODUCT IN THE NATURE OF HARDWARE AND SHALL SPECIFICALLY EXCLUDE ITEMS COMMONLY REFERRED TO AS SOFTWARE, DATA OR LOSS OF THE USE OF THE DEVICE FOR THE PURPOSES INTENDED. B. EXCEPT TO THE EXTENT PROVIDED IN THIS AGREEMENT, NET TEL SHALL NOT BE LIABLE FOR THE FOLLOWING TYPES OF DAMAGES: (a) INDIRECT DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER INCLUDING BUT NOT LIMITED TO INCIDENTALINCIDENTAL DAMAGES, SPECIAL, EXEMPLARY, MULTIPLE, PUNITIVE AND (b) SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO: LOST PROFITS, EVEN IF DIALOGIC SAVINGS OR CUSTOMER REVENUES OF ANY KIND, LOST, CORRUPTED, MISDIRECTED OR MISAPPROPRIATED DATA OR MESSAGES; AND CHARGES FOR COMMON CARRIER TELECOMMUNICATION SERVICES OR FACILITIES ACCESSED THROUGH OR CONNECTED TO PRODUCTS (“TOLL FRAUD”). NET TEL SHALL NOT BE LIABLE FOR THE TYPES OF DAMAGES ENUMERATED ABOVE WHETHER OR NOT NET TEL HAS BEEN ADVISED OF THE POSSIBILITY POSSIBLITY OF SUCH DAMAGES. (ii) OTHER THEN FOR DAMAGES ARISING AS A RESULT . THIS PARAGRAPH SHALL SURVIVE THE FAILURE OF ANY EXCLUSIVE REMEDY. ANY DAMAGE THAT IS CAUSED BY THE CUSTOMER’S ABUSE OF THE BREACH SYSTEM, WORK BY ANY OTHER INDIVIDUAL OR COMPANY DURING THE PERIOD OF THE CONFIDENTIALITY OBLIGATIONS HEREUNDER AND PAYMENT OBLIGATIONS IN NO EVENT SHALL DIALOGIC MAINTENANCE AGREEMENT, MISUSE OF THE SYSTEM OR CUSTOMER’S CUMULATIVE LIABILITY TO THE OTHER DAMAGE BY ANY THIRD PARTY FOR ANY AND ALL CLAIMS RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER EXCEED THE AMOUNT PAID OR OWED BY CUSTOMER TO DIALOGIC FOR THE SERVICES FOR THE APPLICABLE ANNUAL TERM DURING WHICH THE DAMAGES AROSE. (iii) DIALOGIC WILL HAVE NO LIABILITY FOR DELAYS WITH RESPECT TO ANY RESPONSE TIMES SPECIFIED IN EXHIBIT A. (iv) With regard to any equipment loaned to Dialogic as described herein or in an exhibit or appendix to this Agreement, DIALOGIC WILL BE LIABLE ONLY FOR ACTUAL DAMAGE CONSIDERED UNWARRANTIED WORK AND WILL BE BILLED AT CURRENT ONGOING RATES, INCLUDING TRAVEL TIME, DOOR TO SUCH EQUIPMENT CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF DIALOGIC'S EMPLOYEES OR SUBCONTRACTORS. C. Dialogic shall have no liability related to products sold or licensed by Customer or services provided by Customer under any circumstances regardless of whether Services were provided by Dialogic related to such products or services.DOOR

EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. For purposes of the exclusive remedies and limitations of liability set forth in this SectionSection 14, "Dialogic" will be deemed to include Dialogic Inc. and its Affiliates Corporation and/or any subsidiaries, affiliated entities and the directors, officers, employees, agents, representatives, subcontractors and suppliers of all of them and Customer shall be deemed to include Customer and its Affiliates and/or any subsidiaries, affiliated entities and the directors, officers, employees, agents, representatives, subcontractors and suppliers of all of them; and "Damages" will be deemed to refer collectively to any and all claims, injuries, damages, losses, costs or expenses incurred. B. DIALOGIC'S ENTIRE LIABILITY TO CUSTOMER AND CUSTOMER’S ENTIRE LIABILITY TO DIALOGIC AND BOTH PARTIES' ’ EXCLUSIVE REMEDIES ARISING FROM OR RELATED IN ANY WAY TO THIS AGREEMENT OTHER THAN PAYMENT OBLIGATIONS (INCLUDING WITHOUT LIMITATION THE PERFORMANCE OR NONPERFORMANCE OF ANY SERVICES UNDER THIS AGREEMENT) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, WILL BE AS FOLLOWS: (i) IN NO EVENT SHALL DIALOGIC OR CUSTOMER BE LIABLE FOR ANY INDIRECT DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER INCLUDING BUT NOT LIMITED TO INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF DIALOGIC OR CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (ii) OTHER THEN FOR DAMAGES ARISING AS A RESULT OF THE BREACH OF THE CONFIDENTIALITY OBLIGATIONS HEREUNDER AND PAYMENT OBLIGATIONS AND CUSTOMER’S INDEMNITY OBLIGATIONS UNDER SECTION 11(C) BELOW, IN NO EVENT SHALL DIALOGIC OR CUSTOMER’S CUMULATIVE LIABILITY TO THE OTHER PARTY FOR ANY AND ALL CLAIMS RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER EXCEED THE AMOUNT PAID OR OWED BY CUSTOMER TO DIALOGIC FOR THE SERVICES FOR THE APPLICABLE ANNUAL TERM DURING WHICH THE DAMAGES AROSE. . (iii) DIALOGIC WILL HAVE NO LIABILITY FOR FOR: (i) DELAYS WITH RESPECT TO ANY RESPONSE TIMES SPECIFIED IN EXHIBIT A.HEREIN. (iv) With regard to any equipment loaned to Dialogic as described herein or in an exhibit or appendix to Section 19 of this Agreement, DIALOGIC WILL BE LIABLE ONLY FOR ACTUAL DAMAGE TO SUCH EQUIPMENT CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF DIALOGIC'S EMPLOYEES OR SUBCONTRACTORS. (v) Customer represents that it shall not use the Services or any Delivered Information or other materials obtained from Dialogic pursuant to this Agreement, in aviation, process control, medical applications or other ultra hazardous activities. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, CUSTOMER AGREES THAT DIALOGIC SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM SUCH ACTIVITIES. C. Dialogic shall have no liability related to products sold or licensed by Customer or services provided by Customer under any circumstances regardless of whether Services were provided by Dialogic related to such products or services. Customer agrees to defend, indemnify and hold Dialogic harmless from and against any and all loss, damage, liability or expense (including attorney’s fees) resulting from any claim related to Customer products or services, including intellectual property claims.

EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. a. For purposes of the exclusive remedies and limitations of liability set forth in this Section, "Dialogic" will be deemed to include Dialogic Inc. Corporation and its Affiliates and the directors, officers, employees, agents, representatives, subcontractors and suppliers of all of them and Customer shall be deemed to include Customer and and/or its Affiliates affiliates and the directors, officers, employees, agents, representatives, subcontractors and suppliers of all of them; and "Damages" will be deemed to refer collectively to any and all claims, injuries, damages, losses, costs or expenses incurred. B. b. DIALOGIC'S ENTIRE LIABILITY TO CUSTOMER AND CUSTOMER’S ENTIRE LIABILITY TO DIALOGIC AND BOTH PARTIES' EXCLUSIVE REMEDIES ARISING FROM OR RELATED IN ANY WAY TO THIS AGREEMENT OTHER THAN PAYMENT OBLIGATIONS (INCLUDING WITHOUT LIMITATION THE PERFORMANCE OR NONPERFORMANCE OF ANY SERVICES UNDER THIS AGREEMENT) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, WILL BE AS FOLLOWS: (i) i. IN NO EVENT SHALL DIALOGIC OR CUSTOMER BE LIABLE FOR ANY INDIRECT DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER INCLUDING BUT NOT LIMITED TO INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF DIALOGIC OR CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (ii) . OTHER THEN FOR DAMAGES ARISING AS A RESULT OF THE BREACH OF THE CONFIDENTIALITY OBLIGATIONS HEREUNDER AND PAYMENT OBLIGATIONS AND CUSTOMER’S INDEMNITY OBLIGATIONS HEREUNDER, IN NO EVENT SHALL DIALOGIC OR CUSTOMER’S CUMULATIVE LIABILITY TO THE OTHER PARTY FOR ANY AND ALL CLAIMS RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER EXCEED THE AMOUNT PAID OR OWED BY CUSTOMER TO DIALOGIC FOR THE SERVICES FOR THE APPLICABLE ANNUAL TERM DURING WHICH THE DAMAGES AROSE. iii. (iii) DIALOGIC WILL HAVE NO LIABILITY FOR DELAYS WITH RESPECT TO ANY RESPONSE TIMES SPECIFIED IN EXHIBIT A. (iv) . With regard to any equipment loaned to Dialogic as described herein or in an exhibit or appendix to this Agreement, DIALOGIC WILL BE LIABLE ONLY FOR ACTUAL DAMAGE TO SUCH EQUIPMENT CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF DIALOGIC'S EMPLOYEES OR SUBCONTRACTORS. C. v. Customer represents that it shall not use the Services or any Delivered Information or other materials obtained from Dialogic pursuant to this Agreement, in aviation, process control, medical applications or other ultra hazardous activities. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, CUSTOMER AGREES THAT DIALOGIC SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM SUCH ACTIVITIES. c. Dialogic shall have no liability related to products sold or licensed by Customer or services provided by Customer under any circumstances regardless of whether Services were provided by Dialogic related to such products or services. Customer agrees to defend, indemnify and hold Dialogic harmless from and against any and all loss, damage, liability or expense (including attorney’s fees) resulting from any claim related to Customer products or services, including intellectual property claims.

EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. For purposes of the exclusive remedies and limitations of liability set forth in this SectionFOR PURPOSES OF THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 12, "DialogicDIALOGIC" will be deemed to include Dialogic Inc. and its Affiliates and the directorsWILL BE DEEMED TO INCLUDE DIALOGIC, officersITS PARENT AND THEIR AFFILIATED ENTITIES AND THE DIRECTORS, employeesOFFICERS, agentsEMPLOYEES, representativesAGENTS, subcontractors and suppliers of all of them and Customer shall be deemed to include Customer and its Affiliates and the directorsREPRESENTATIVES, officersSUBCONTRACTORS AND SUPPLIERS OF ALL OF THEM; AND "DAMAGES" WILL BE DEEMED TO REFER COLLECTIVELY TO ALL INJURY, employees, agents, representatives, subcontractors and suppliers of all of them; and "Damages" will be deemed to refer collectively to any and all claims, injuries, damages, losses, costs or expenses incurredDAMAGE LOSS OR EXPENSE INCURRED. B. DIALOGIC'S ENTIRE LIABILITY TO CUSTOMER AND CUSTOMER’S ENTIRE LIABILITY TO DIALOGIC AND BOTH PARTIES' 'S EXCLUSIVE REMEDIES AGAINST DIALOGIC FOR LOSS OR DAMAGE ARISING FROM OR RELATED IN ANY WAY TO THIS AGREEMENT OTHER THAN PAYMENT OBLIGATIONS (INCLUDING WITHOUT LIMITATION THE PERFORMANCE OR NONPERFORMANCE OF ANY SERVICES WORK UNDER THIS AGREEMENT) AGREEMENT REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITYOTHERWISE, WILL BE AS FOLLOWS: 1. FOR DELAYS IN THE RESPONSE TIMES, AS SPECIFIED IN EXHIBIT A, DIALOGIC WILL HAVE NO LIABILITY UNLESS DIALOGIC IS CONSISTENTLY UNABLE TO MEET THE RESPONSE TIME TARGETS FOR REASONS NOT ATTRIBUTABLE EITHER TO CUSTOMER OR TO FORCE MAJEURE CONDITIONS (iAS DEFINED IN SECTION 13), IN WHICH CASE CUSTOMER WILL HAVE THE RIGHT, AS ITS SOLE REMEDY, TO CANCEL THIS AGREEMENT, SUBJECT TO ANY ACCRUED CHARGES. 2. FOR CLAIMS OTHER THAN SET FORTH ABOVE, DIALOGIC'S LIABILITY FOR IMPROPER PERFORMANCE OR NON-PERFORMANCE OF ITS OBLIGATIONS PURSUANT TO, OR IN ANY OTHER WAY RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, WILL BE LIMITED TO DIRECT DAMAGES THAT ARE PROVEN OR $100,000 WHICHEVER IS LESS. THE LIMITATION OF LIABILITY IN THIS SUBPARAGRAPH 12(B)(2) DOES NOT APPLY TO CUSTOMER'S RIGHT TO RECOVER PROVEN DIRECT DAMAGES TO REAL OR TANGIBLE PERSONAL PROPERTY OR FOR BODILY INJURY OR DEATH PROXIMATELY CAUSED BY DIALOGIC. CUSTOMER REPRESENTS THAT IT SHALL NOT USE DIALOGIC'S DELIVERED MATERIALS IN NO EVENT AVIATION, PROCESS CONTROL, MEDICAL APPLICATIONS OR OTHER ULTRAHAZARDOUS ACTIVITIES AND ACKNOWLEDGES THAT DIALOGIC SHALL NOT BE RESPONSIBLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM SUCH ACTIVITIES AND THAT CUSTOMER WILL INDEMNIFY DIALOGIC FOR ANY COSTS OR CUSTOMER EXPENSES, INCLUDING COSTS OF DEFENSE, RESULTING FROM USE OF DIALOGIC DELIVERED MATERIALS IN SUCH APPLICATIONS. 3. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, DIALOGIC WILL NOT BE LIABLE FOR ANY INDIRECT DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER INCLUDING BUT NOT LIMITED TO INCIDENTAL, SPECIALINDIRECT, EXEMPLARY, MULTIPLE, PUNITIVE SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES OR FOR LOST PROFITS, EVEN IF LOST SAVINGS OR LOST REVENUES OF ANY KIND WHATSOEVER, WHETHER OR NOT DIALOGIC OR CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (ii) OTHER THEN FOR DAMAGES ARISING AS A RESULT OF THE BREACH OF THE CONFIDENTIALITY OBLIGATIONS HEREUNDER AND PAYMENT OBLIGATIONS IN NO EVENT SHALL 4. ANY LEGAL ACTION AGAINST DIALOGIC UNDER OR CUSTOMER’S CUMULATIVE LIABILITY TO THE OTHER PARTY FOR ANY AND ALL CLAIMS RELATING WITH RESPECT TO THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER EXCEED THE AMOUNT PAID OR OWED BY CUSTOMER TO DIALOGIC FOR THE SERVICES FOR THE APPLICABLE ANNUAL TERM DURING WHICH THE DAMAGES AROSE. (iii) DIALOGIC WILL HAVE NO LIABILITY FOR DELAYS WITH RESPECT TO ANY RESPONSE TIMES SPECIFIED IN EXHIBIT A. (iv) With regard to any equipment loaned to Dialogic as described herein or in an exhibit or appendix to this Agreement, DIALOGIC SERVICE CONTRACTED FOR OR FURNISHED UNDER THIS AGREEMENT WILL BE LIABLE ONLY FOR ACTUAL DAMAGE TO SUCH EQUIPMENT CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BARRED UNLESS IT IS COMMENCED WITHIN TWO (2) YEARS AFTER THE DATE THE CAUSE OF DIALOGIC'S EMPLOYEES OR SUBCONTRACTORSTHE ACTION ARISES. C. Dialogic shall have no liability related to products sold or licensed by Customer or services provided by Customer under any circumstances regardless of whether Services were provided by Dialogic related to such products or services.

EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. For purposes The entire liability of the exclusive remedies and limitations of liability set forth in this Section, "Dialogic" will be deemed to include Dialogic Inc. 3Com and its Affiliates subsidiaries, affiliates and distributors (and the directors, officers, employees, agents, agents and representatives, subcontractors and suppliers of all of them and Customer shall be deemed to include Customer and its Affiliates and the directors, officers, employees, agents, representatives, subcontractors distributors and suppliers of all of them; ) and "Damages" will the exclusive remedy of Reseller and, insofar as the End-User Agreement so provides, any End-User, for any damages shall be deemed (1) for failure of products during the Warranty Period, the remedies as set forth in Section 2 of the End-User Agreement, (2) for infringement, the remedies stated in section 14 hereof or, in the case of End-Users, as set forth in Section 5 of the End-User Agreement, and (3) for claims other than set forth above, 3Com's liability shall be limited to refer collectively proven direct damages in an amount not to any and all claimsexceed the total amount of payments previously made by Reseller to 3Com under this Agreement. In the event that, injuriesnotwithstanding this Section 14.2, damages3Com is found liable for damages based on failure of the Products during the Warranty Period, losses3Com's total liability for each defective Product shall not exceed the discounted price of such defective Product. IN NO EVENT, costs or expenses incurred. B. DIALOGIC'S ENTIRE LIABILITY TO CUSTOMER AND CUSTOMER’S ENTIRE LIABILITY TO DIALOGIC AND BOTH PARTIES' EXCLUSIVE REMEDIES ARISING FROM OR RELATED IN ANY WAY TO THIS AGREEMENT OTHER THAN PAYMENT OBLIGATIONS (INCLUDING WITHOUT LIMITATION THE PERFORMANCE OR NONPERFORMANCE OF ANY SERVICES UNDER THIS AGREEMENT) REGARDLESS OF THE FORM OF ACTIONTHEORY, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, WILL BE AS FOLLOWS: (i) IN NO EVENT SHALL DIALOGIC OR CUSTOMER 3COM BE LIABLE FOR ANY INDIRECT DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER INCLUDING BUT NOT LIMITED TO INCIDENTAL, SPECIALCONSEQUENTIAL, EXEMPLARYINDIRECT, MULTIPLESPECIAL OR PUNITIVE DAMAGES OF ANY KIND, PUNITIVE OR CONSEQUENTIAL DAMAGESFOR LOSS OF REVENUE, INCLUDING LOST PROFITSLOSS OF BUSINESS, EVEN IF DIALOGIC LOSS OF DATA OR CUSTOMER HAS BEEN ADVISED OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, USE, PERFORMANCE, FAILURE OR INTERRUPTION OF ITS PRODUCTS OR SERVICES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, 3COM'S MAXIMUM LIABILITY HEREUNDER SHALL NOT EXCEED THE PURCHASE PRICE OF THE POSSIBILITY PRODUCTS OR SERVICES PURCHASED OR LICENSED DURING THE TERM OF SUCH DAMAGES. (ii) OTHER THEN FOR DAMAGES ARISING THIS AGREEMENT. RESELLER HAS ACCEPTED THE DISCLAIMER OF LIABILITY AS PART OF A RESULT BARGAIN TO LOWER THE PRICE OF THE BREACH PRODUCTS OR SERVICES AND UNDERSTANDS THAT THE PRICE OF THE CONFIDENTIALITY OBLIGATIONS HEREUNDER AND PAYMENT OBLIGATIONS IN NO EVENT SHALL DIALOGIC PRODUCTS OR CUSTOMER’S CUMULATIVE LIABILITY SERVICES WOULD BE HIGHER IF 3COM WERE REQUIRED TO THE OTHER PARTY FOR BEAR ADDITIONAL LIABILITY. THIS DISCLAIMER WILL NOT BE AFFECTED IF ANY AND ALL CLAIMS RELATING TO THIS AGREEMENT OR THE SERVICES REMEDY PROVIDED HEREUNDER EXCEED THE AMOUNT PAID OR OWED BY CUSTOMER TO DIALOGIC FOR THE SERVICES FOR THE APPLICABLE ANNUAL TERM DURING WHICH THE DAMAGES AROSE. (iii) DIALOGIC WILL HAVE NO LIABILITY FOR DELAYS WITH RESPECT TO ANY RESPONSE TIMES SPECIFIED IN EXHIBIT A. (iv) With regard to any equipment loaned to Dialogic as described herein or in an exhibit or appendix to this Agreement, DIALOGIC WILL BE LIABLE ONLY FOR ACTUAL DAMAGE TO SUCH EQUIPMENT CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT HEREIN FAILS OF DIALOGIC'S EMPLOYEES OR SUBCONTRACTORSITS ESSENTIAL PURPOSE. C. Dialogic shall have no liability related to products sold or licensed by Customer or services provided by Customer under any circumstances regardless of whether Services were provided by Dialogic related to such products or services.

EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY. A. For purposes of the exclusive remedies and limitations of liability set forth in this Section10.1 FOR PURPOSES OF THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 11, "Dialogic" will be deemed to include Dialogic Inc. and its Affiliates and the directorsSELLER SHALL BE DEEMED TO INCLUDE HERAEUS COMVANCE DENMARK APS, officersITS SUBSIDIARIES AND AFFILIATES AND THE MANAGEMENT, employeesEMPLOYEES, agentsAGENTS, representativesREPRESENTATIVES, subcontractors and suppliers of all of them and Customer shall be deemed to include Customer and its Affiliates and the directorsSUBCONTRACTORS AND SUPPLIERS OF EACH OF THEM, officersAND “DAMAGES” SHALL BE DEEMED TO REFER COLLECTIVELY TO ALL INJURY, employeesDAMAGE, agents, representatives, subcontractors and suppliers of all of them; and "Damages" will be deemed to refer collectively to any and all claims, injuries, damages, losses, costs or expenses incurredLOSS OR EXPENSE INCURRED. B. DIALOGIC'S ENTIRE LIABILITY TO CUSTOMER AND CUSTOMER10.2 SELLER’S ENTIRE LIABILITY TO DIALOGIC AND BOTH PARTIES' BUYER’S EXCLUSIVE REMEDIES AGAINST SELLER FOR ANY DAMAGES CAUSED BY ANY PRODUCT DEFECT OR FAILURE, OR ARISING FROM OR RELATED IN ANY WAY TO THIS AGREEMENT OTHER THAN PAYMENT OBLIGATIONS (INCLUDING WITHOUT LIMITATION THE PERFORMANCE OR NONPERFORMANCE NON-PERFORMANCE OF ANY SERVICES UNDER THIS AGREEMENT) WORK REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE SHALL BE: 10.2.1 FOR FAILURE OF PRODUCT OR WORK PERFORMED, THE REMEDIES STATED IN SECTION 7. 10.2.2 FOR DELAYS IN DELIVERY, NONE, UNLESS THE DELIVERY IS DELAYED BY MORE THAN THIRTY (30) DAYS BY CAUSE NOT ATTRIBUTABLE EITHER TO BUYER OR TO FORCE MAJEURE CONDITIONS, IN WHICH CASE BUYER SHALL HAVE THE RIGHT, AS SOLE REMEDY, TO CANCEL THE ORDER WITHOUT INCURRING TERMINATION CHARGES. 10.2.3 FOR DAMAGES TO REAL OR TANGIBLE PERSONAL PROPERTY OR FOR BODILY INJURY OR DEATH TO ANY PERSON PROXIMATELY CAUSED BY SELLER, BUYER’S RIGHT TO PROVEN DIRECT DAMAGES. 10.2.4 FOR CLAIMS OTHER THAN SET FORTH ABOVE, SELLER’S LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES THAT ARE PROVEN IN AN AMOUNT NOT TO EXCEED DKK 600,000. 10.3 NOTWITHSTANDING ANY OTHER THEORY PROVISION OF LIABILITYTHIS AGREEMENT, WILL BE AS FOLLOWS: (i) IN NO EVENT SELLER SHALL DIALOGIC OR CUSTOMER NOT BE LIABLE FOR ANY INDIRECT DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER INCLUDING BUT NOT LIMITED TO INCIDENTAL, SPECIALINDIRECT, EXEMPLARY, MULTIPLE, PUNITIVE SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES OR FOR LOST PROFITS, EVEN IF DIALOGIC SAVINGS OR CUSTOMER REVENUES OF ANY KIND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY. (ii) OTHER THEN FOR DAMAGES ARISING AS A RESULT OF THE BREACH OF THE CONFIDENTIALITY OBLIGATIONS HEREUNDER AND PAYMENT OBLIGATIONS IN NO EVENT SHALL DIALOGIC OR CUSTOMER’S CUMULATIVE LIABILITY TO THE OTHER PARTY FOR ANY AND ALL CLAIMS RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER EXCEED THE AMOUNT PAID OR OWED BY CUSTOMER TO DIALOGIC FOR THE SERVICES FOR THE APPLICABLE ANNUAL TERM DURING WHICH THE DAMAGES AROSE. (iii) DIALOGIC WILL HAVE NO LIABILITY FOR DELAYS WITH RESPECT TO ANY RESPONSE TIMES SPECIFIED IN EXHIBIT A. (iv) With regard to any equipment loaned to Dialogic as described herein or in an exhibit or appendix to this Agreement, DIALOGIC WILL BE LIABLE ONLY FOR ACTUAL DAMAGE TO SUCH EQUIPMENT CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF DIALOGIC'S EMPLOYEES OR SUBCONTRACTORS. C. Dialogic shall have no liability related to products sold or licensed by Customer or services provided by Customer under any circumstances regardless of whether Services were provided by Dialogic related to such products or services.