IN NO EVENT WILL ORACLE. BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, DOWNTIME, LOST PROFITS, OR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. USER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICE AND SUITECLOUD TECHNOLOGIES ARE ACCURATE OR SUFFICIENT FOR USER’S PURPOSES. IN NO EVENT WILL ORACLE’S TOTAL LIABILITY TO USER ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED US$100.00.
IN NO EVENT WILL ORACLE. CHINA OR ITS AFFILIATE(S) BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, DOWNTIME, LOST PROFITS, OR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ORACLE CHINA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. USER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICE AND SUITECLOUD TECHNOLOGIES ARE ACCURATE OR SUFFICIENT FOR USER’S PURPOSES. IN NO EVENT WILL ORACLE CHINA’S TOTAL LIABILITY TO USER ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED US$100.00. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ORACLE OFFSHORE IS NOT A PARTY TO THIS AGREEMENT, AND IN NO EVENT SHALL IT BE LIABLE TO CUSTOMER FOR PERFORMANCE OF THIS AGREEMENT OR FOR ANY BREACH THEREOF.
