Common use of L imitation of Liability Clause in Contracts

L imitation of Liability. SUBJECT TO APPLICABLE LAW, DEALER UNDERSTANDS AND AGREES THAT NEITHER SHIFT DIGITAL, NOR SUBARU NOR THE SERVICE PROVIDERS, NOR ANY OF THEIR AFFILIATES OR LICENSORS SHALL BY LIABLE TO DEALER FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY DEALER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; OR (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY DEALER AS A RESULT OF: (I) ANY RELIANCE PLACED BY DEALER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN DEALER AND ANY THIRD PARTY REGARDING DEALER’S USE OF THE SERVICES, (II) ANY CHANGES WHICH SHIFT DIGITAL OR ANY SERVICE PROVIDER MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY DEALER CONTENT, DEALER DATA, AND/OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH DEALER'S USE OF THE SERVICES; (IV) DEALER'S FAILURE TO PROVIDE SHIFT DIGITAL OR ANY SERVICE PROVIDER WITH ACCURATE ACCOUNT INFORMATION; OR (V) DEALER'S FAILURE TO KEEP DEALER'S PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE ABOVE LIMITATIONS ON LIABILITY SHALL APPLY REGARDLESS OF WHETHER A PARTY IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL THE LIABILITY OF SHIFT DIGITAL, SUBARU OR THE SERVICE PROVIDERS, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE MONTHLY SERVICE FEE PAID BY DEALER FOR THE MONTH IN WHICH THE BREACH OR CAUSE OF DAMAGE OCCURRED.

L imitation of Liability. SUBJECT TO APPLICABLE LAW, DEALER UNDERSTANDS AND AGREES THAT NEITHER SHIFT DIGITALTHE ISP, NOR SUBARU NOR THE SERVICE PROVIDERSITS AFFILIATES, NOR ANY OF THEIR AFFILIATES VENDORS, SUPPLIERS, DISTRIBUTORS, CHANNEL AND OTHER MARKETING PARTNERS OR LICENSORS OTHER REPRESENTATIVES SHALL BY BE LIABLE TO DEALER FOR: (A) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, REPLACEMENT COSTS, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY DEALER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY REVENUE OR INDIRECTLY)PROFITS, ANY LOSS OF GOODWILL OR BUSINESS REPUTATIONCONTENT, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICESDATA, OR OTHER INTANGIBLE LOSS; DATA USE, EVEN IF THE ISP HAS BEEN INFORMED IN ADVANCE OF SUCH DAMAGES OR (B) ANY LOSS SUCH DAMAGES COULD HAVE REASONABLY BEEN FORESEEN BY THE ISP. THE ISP’S AGGREGATE LIABILITY FOR ALL DAMAGES ARISING OUT OF OR DAMAGE WHICH MAY BE INCURRED BY DEALER AS A RESULT OF: (I) ANY RELIANCE PLACED BY DEALER ON THE COMPLETENESSRELATED TO THIS AGREEMENT, ACCURACY OR EXISTENCE OF ANY ADVERTISINGWHETHER IN CONTRACT, TORT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN DEALER AND ANY THIRD PARTY REGARDING DEALER’S USE OF THE SERVICESOTHERWISE, (II) ANY CHANGES WHICH SHIFT DIGITAL OR ANY SERVICE PROVIDER MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY DEALER CONTENT, DEALER DATA, AND/OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH DEALER'S USE OF THE SERVICES; (IV) DEALER'S FAILURE TO PROVIDE SHIFT DIGITAL OR ANY SERVICE PROVIDER WITH ACCURATE ACCOUNT INFORMATION; OR (V) DEALER'S FAILURE TO KEEP DEALER'S PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE ABOVE LIMITATIONS ON LIABILITY SHALL APPLY REGARDLESS OF WHETHER A PARTY IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL EXCEED THE LIABILITY OF SHIFT DIGITAL, SUBARU OR TOTAL AMOUNTS ACTUALLY PAID TO THE SERVICE PROVIDERS, ISP UNDER THIS AGREEMENT IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO A CLAIM SUBJECT TO THIS SECTION. THE MONTHLY SERVICE FEE PAID BY DEALER FOR PARTIES ACKNOWLEDGE AND ACCEPT THE MONTH REASONABLENESS OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN WHICH THE BREACH OR CAUSE OF DAMAGE OCCURREDTHIS SECTION.

L imitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF ZUMASYS AND ITS AGENTS FOR ALL MATTERS AND CLAIMS RELATING TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT THE LICENSEE PAID FOR THE SOFTWARE DURING THE 12 MONTHS PRIOR TO THE DATE THE CLAIM AROSE. ADDITIONALLY, SUBJECT TO APPLICABLE LAW, DEALER UNDERSTANDS ZUMASYS AND AGREES THAT NEITHER SHIFT DIGITALITS AGENTS WILL NOT BE LIABLE, NOR SUBARU NOR THE SERVICE PROVIDERSWHETHER IN CONTRACT, NOR ANY OF THEIR AFFILIATES TORT, OR LICENSORS SHALL BY LIABLE TO DEALER FOR: OTHERWISE, FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY DEALER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSDAMAGES; OR (B) ANY DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR DAMAGE WHICH MAY BE INCURRED BY DEALER AS A RESULT OF: (I) ANY RELIANCE PLACED BY DEALER ON THE COMPLETENESSTHEFT OF DATA, ACCURACY VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR EXISTENCE OF ANY ADVERTISINGINVESTMENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN DEALER AND ANY THIRD PARTY REGARDING DEALER’S USE OF THE SERVICES, (II) ANY CHANGES WHICH SHIFT DIGITAL SOFTWARE OR ANY SERVICE PROVIDER MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY DEALER CONTENT, DEALER DATA, AND/OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH DEALER'S USE OF THE SERVICES; (IV) DEALER'S FAILURE TO PROVIDE SHIFT DIGITAL OR ANY SERVICE PROVIDER WITH ACCURATE ACCOUNT INFORMATION; OR (V) DEALER'S FAILURE TO KEEP DEALER'S PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIALHARDWARE THAT DOES NOT MEET ZUMASYS SYSTEM REQUIREMENTS. THE ABOVE LIMITATIONS ON LIABILITY SHALL APPLY REGARDLESS OF WHETHER A PARTY IS NOTIFIED ZUMASYS OR ITS AGENTS HAD KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGE THE LOSS OR LOSS, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL THE LIABILITY OF SHIFT DIGITAL, SUBARU OR THE SERVICE PROVIDERS, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE MONTHLY SERVICE FEE PAID BY DEALER FOR THE MONTH IN WHICH THE BREACH OR CAUSE OF DAMAGE OCCURREDDAMAGE.

L imitation of Liability. SUBJECT NOTWITHSTANDING ANYTHING TO APPLICABLE LAWTHE CONTRARY, DEALER UNDERSTANDS IN NO EVENT WILL Dataplazma BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND AGREES THAT NEITHER SHIFT DIGITALOTHERWISE, NOR SUBARU NOR THE SERVICE PROVIDERS, NOR ANY OF THEIR AFFILIATES OR LICENSORS SHALL BY LIABLE TO DEALER FORFOR ANY: (AI) ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL ENHANCED, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY DEALERPUNITIVE DAMAGES; (II) INCREASED COSTS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITYDIMINUTION IN VALUE OR LOST BUSINESS, INCLUDINGPRODUCTION, BUT NOT LIMITED TOREVENUES, ANY LOSS OF PROFIT OR PROFITS; (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY III) LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; OR (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY DEALER AS A RESULT OF: (I) ANY RELIANCE PLACED BY DEALER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN DEALER AND ANY THIRD PARTY REGARDING DEALER’S USE OF THE SERVICES, (II) ANY CHANGES WHICH SHIFT DIGITAL OR ANY SERVICE PROVIDER MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY DEALER CONTENT, DEALER DATA, AND/OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH DEALER'S USE OF THE SERVICES; (IV) DEALER'S FAILURE USE, INABILITY TO PROVIDE SHIFT DIGITAL USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY SERVICE PROVIDER WITH ACCURATE ACCOUNT INFORMATIONDATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (V) DEALER'S FAILURE TO KEEP DEALER'S PASSWORD COST OF REPLACEMENT GOODS OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE ABOVE LIMITATIONS ON LIABILITY SHALL APPLY SERVICES, IN EACH CASE REGARDLESS OF WHETHER A PARTY IS NOTIFIED Dataplazma WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE LOSSES OR LOSSDAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL WILL Dataplazma’S AGGREGATE LIABILITY ARISING OUT OF AND/OR RELATED TO THIS AGREEMENT, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, EXCEED THE LIABILITY OF SHIFT DIGITAL, SUBARU OR THE SERVICE PROVIDERS, TOTAL AMOUNTS PAID TO Dataplazma UNDER THIS AGREEMENT IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TRAILING TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE MONTHLY SERVICE FEE PAID BY DEALER FOR THE MONTH IN WHICH THE BREACH OR CAUSE OF DAMAGE OCCURREDAPPLICABLE CLAIM.

L imitation of Liability. SUBJECT NOTWITHSTANDING ANYTHING TO APPLICABLE LAWTHE CONTRARY CONTAINED HEREIN, DEALER UNDERSTANDS THE LIABILITY OF XXXXXX UNDER THESE TERMS AND AGREES THAT NEITHER SHIFT DIGITALCONDITIONS (WHETHER BY REASON OF BREACH OF CONTRACT, NOR SUBARU NOR TORT, INDEMNIFICATION, OR OTHERWISE) SHALL NOT EXCEED THE SERVICE PROVIDERSLICENSE FEE OR AGGREGATE SUBSCRIPTION SERVICES FEES PAID BY CUSTOMER FOR SUCH SOFTWARE OR SUBSCRIPTION SERVICES GIVING RISE TO SUCH LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NOR ANY OF THEIR AFFILIATES OR LICENSORS IN NO EVENT SHALL BY XXXXXX BE LIABLE TO DEALER FOR: (A) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY INCIDENTAL DAMAGES WHICH MAY BE INCURRED BY DEALER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFIT (WHETHER INCURRED DIRECTLY USE OF FACILITIES OR INDIRECTLY)EQUIPMENT, ANY LOSS OF GOODWILL OR BUSINESS REPUTATIONREVENUE, ANY LOSS OF DATA SUFFEREDPROFITS, COST LOSS OF PROCUREMENT GOODWILL, THE COSTS OF SUBSTITUTE GOODS SOFTWARE OR SERVICES, LOSSES RESULTING FROM ERASURE, DAMAGE, DESTRUCTION OR OTHER INTANGIBLE LOSS; LOSS OF FILES, DATA OR (B) ANY LOSS PROGRAMS OR DAMAGE WHICH MAY BE INCURRED BY DEALER AS A RESULT OF: (I) ANY RELIANCE PLACED BY DEALER ON THE COMPLETENESS, ACCURACY OR EXISTENCE COST OF ANY ADVERTISINGRECOVERING SUCH INFORMATION, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN DEALER AND ANY THIRD PARTY REGARDING DEALER’S USE OF THE SERVICESOTHER PECUNIARY LOSS), (II) ANY CHANGES WHICH SHIFT DIGITAL OR ANY SERVICE PROVIDER MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY DEALER CONTENT, DEALER DATA, AND/OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH DEALER'S USE OF THE SERVICES; (IV) DEALER'S FAILURE TO PROVIDE SHIFT DIGITAL OR ANY SERVICE PROVIDER WITH ACCURATE ACCOUNT INFORMATION; OR (V) DEALER'S FAILURE TO KEEP DEALER'S PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE ABOVE LIMITATIONS ON LIABILITY SHALL APPLY REGARDLESS OF WHETHER A PARTY IS NOTIFIED XXXXXX (a) HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE DAMAGES OR LOSS, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL THE LIABILITY OF SHIFT DIGITAL, SUBARU OR THE SERVICE PROVIDERS, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE MONTHLY SERVICE FEE PAID BY DEALER FOR THE MONTH IN WHICH THE BREACH OR CAUSE OF DAMAGE OCCURRED(b) IS NEGLIGENT.

L imitation of Liability. SUBJECT TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, DEALER UNDERSTANDS IN NO EVENT SHALL SELLER, ITS AFFILIATES, SUPPLIERS AND AGREES THAT NEITHER SHIFT DIGITAL, NOR SUBARU NOR THE SERVICE PROVIDERS, NOR ANY OF THEIR AFFILIATES OR LICENSORS SHALL BY SUBCONTRACTORS BE LIABLE TO DEALER FOR: (A) PURCHASER OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTALINCIDENTAL OR CONSEQUENTIAL DAMAGES, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY DEALER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY TO LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY)PROFITS, ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFEREDUSE, COST OF PROCUREMENT CAPITAL, COST OF SUBSTITUTE GOODS EQUIPMENT, DOWNTIME COSTS, DELAYS NOR FOR ANY PENALITIES WHETHER ANY SUCH CLAIM FOR THE SAME IS BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR SERVICESOTHERWISE. SELLER'S LIABILITY FOR ANY SUCH CLAIMS WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER INTANGIBLE LOSS; OTHERWISE OR (B) FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY DEALER AS A RESULT ARISING OUT OF: (I) ANY RELIANCE PLACED BY DEALER ON , CONNECTED WITH THIS AGREEMENT OR THE COMPLETENESS, ACCURACY PERFORMANCE OR EXISTENCE OF ANY ADVERTISINGBREACH THEREOF, OR AS A RESULT OF FROM ANY RELATIONSHIP DESIGN, SALE, INSTALLATION, OPERATION OR TRANSACTION BETWEEN DEALER AND ANY THIRD PARTY REGARDING DEALER’S USE OF THE SERVICES, (II) ANY CHANGES WHICH SHIFT DIGITAL EQUIPMENT OR ANY SERVICE PROVIDER MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY DEALER CONTENT, DEALER DATA, AND/OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH DEALER'S USE OF THE SERVICES; (IV) DEALER'S FAILURE TO PROVIDE SHIFT DIGITAL OR ANY SERVICE PROVIDER WITH ACCURATE ACCOUNT INFORMATION; OR (V) DEALER'S FAILURE TO KEEP DEALER'S PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE ABOVE LIMITATIONS ON LIABILITY SHALL APPLY REGARDLESS OF WHETHER A PARTY IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE PERFORMANCE OF ANY REMEDY. SERVICES COVERED BY THIS AGREEMENT, SHALL IN NO EVENT SHALL EXCEED THE LIABILITY OF SHIFT DIGITAL, SUBARU PURCHASE PRICE PAID TO SELLER BY PURCHASER FOR THE SPECIFIC EQUIPMENT OR PART THEREOF OR FOR THE SERVICE PROVIDERS, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL SERVICES GIVING RISE TO THE MONTHLY SERVICE FEE PAID BY DEALER FOR THE MONTH IN WHICH THE BREACH OR CAUSE OF DAMAGE OCCURREDCLAIM.

L imitation of Liability. NOTWITHSTANDING ANYTHING TO CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT TO APPLICABLE LAWMATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, DEALER UNDERSTANDS AND AGREES THAT NEITHER SHIFT DIGITALNEGLIGENCE, NOR SUBARU NOR THE SERVICE PROVIDERS, NOR ANY OF THEIR AFFILIATES STRICT LIABILITY OR LICENSORS SHALL BY LIABLE TO DEALER FOROTHER THEORY: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL FOR ERROR OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY DEALER, HOWEVER CAUSED AND UNDER ANY THEORY INTERRUPTION OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY USE OR FOR LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL INACCURACY OR BUSINESS REPUTATION, ANY LOSS CORRUPTION OF DATA SUFFERED, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS GOODS, SERVICES OR SERVICESTECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR OTHER INTANGIBLE LOSSCONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (BD) FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY DEALER AS A RESULT OF: (I) ANY RELIANCE PLACED BY DEALER ON CUSTOMER TO COMPANY FOR THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN DEALER AND ANY THIRD PARTY REGARDING DEALER’S USE OF SERVICES UNDER THIS AGREEMENT IN THE SERVICES, (II) ANY CHANGES WHICH SHIFT DIGITAL OR ANY SERVICE PROVIDER MAY MAKE 12 MONTHS PRIOR TO THE SERVICESACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY DEALER CONTENT, DEALER DATA, AND/OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH DEALER'S USE OF THE SERVICES; (IV) DEALER'S FAILURE TO PROVIDE SHIFT DIGITAL OR ANY SERVICE PROVIDER WITH ACCURATE ACCOUNT INFORMATION; OR (V) DEALER'S FAILURE TO KEEP DEALER'S PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE ABOVE LIMITATIONS ON LIABILITY SHALL APPLY REGARDLESS OF WHETHER A PARTY IS NOTIFIED NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL THE LIABILITY OF SHIFT DIGITAL, SUBARU OR THE SERVICE PROVIDERS, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE MONTHLY SERVICE FEE PAID BY DEALER FOR THE MONTH IN WHICH THE BREACH OR CAUSE OF DAMAGE OCCURREDDAMAGES.