Common use of LIABILITY AND LIMITATION OF LIABILITY Clause in Contracts

LIABILITY AND LIMITATION OF LIABILITY. The Receiving Participant shall be liable for: (i) any breach of this Agreement by the Receiving Participant, and (ii) any unauthorized disclosure or use of Confidential Information by persons or entities to whom the Receiving Participant has the right to disclose Confidential Information under this Agreement, EXCEPT THAT, TO THE FULL EXTENT PERMITTED BY LAW, THE RECEIVING PARTICIPANT SHALL NOT BE LIABLE FOR, AND HEREBY DISCLAIMS ANY LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN CONNECTION WITH INADVERTENT OR SUCH UNAUTHORIZED DISCLOSURE IF IT HAS EXERCISED THE SAME AMOUNT OF DILIGENCE IN PRESERVING THE SECRECY OF THAT INFORMATION AS THE DILIGENCE USED IN PRESERVING THE SECRECY OF THE RECEIVING PARTICIPANT’S OWN CONFIDENTIAL INFORMATION OF LIKE IMPORTANCE, BUT IN NO EVENT LESS THAN REASONABLE DILIGENCE, AND, UPON BECOMING AWARE OF SUCH DISCLOSURE, NOTIFIED THE DISCLOSING PARTICIPANT THEREOF AND TAKEN REASONABLE MEASURES TO MITIGATE THE EFFECTS OF SUCH DISCLOSURE AND TO PREVENT ANY FURTHER DISCLOSURE. In the event of a breach of this Agreement, the Disclosing Participant may take any and all actions under law against the Receiving Participant. The Participant acknowledges and agrees that the Open Mobile Alliance is not responsible for any actions of its members, including, but not limited to, any breach of the terms of this Agreement.

LIABILITY AND LIMITATION OF LIABILITY. The Receiving Participant shall be 6.1 Damages. NOTWITHSTANDING ANY OTHER PROVISION HEREOF, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, INTERFERENCE WITH BUSINESS OR COST OF PURCHASING REPLACEMENT SERVICES) ARISING OUT OF THE PERFORMANCE OR FAILURE TO PERFORM UNDER ANY ORDER OR THESE TERMS AND CONDITIONS, WHETHER OR NOT CAUSED BY THE ACTS OR OMISSIONS OR NEGLIGENCE OF ITS EMPLOYEES OR AGENTS, AND REGARDLESS OF WHETHER SUCH PARTY HASBEEN INFORMED OF THE POSSIBILITY OF THE LIKELIHOOD OF SUCH DAMAGES. 6.2 NOTWITHSTANDING ANY OTHER TERM UNDER THIS AGREEMENT, SAFARICOM’S LIABILITY TO YOU AND YOUR REMEDIES ARE LIMITED TO ANY APPLICABLE SERVICE CREDIT DUE TO YOU AND YOUR RIGHT TO TERMINATE A PARTICULAR SERVICE ORDER. 6.3 When Safaricom is not liable for: (i) to you. Notwithstanding any breach of this Agreement by the Receiving Participant, and (ii) any unauthorized disclosure or use of Confidential Information by persons or entities to whom the Receiving Participant has the right to disclose Confidential Information other term under this Agreement, EXCEPT THAT, TO THE FULL EXTENT PERMITTED BY LAW, THE RECEIVING PARTICIPANT SHALL NOT BE LIABLE FOR, AND HEREBY DISCLAIMS ANY LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN CONNECTION WITH INADVERTENT OR SUCH UNAUTHORIZED DISCLOSURE IF IT HAS EXERCISED THE SAME AMOUNT OF DILIGENCE IN PRESERVING THE SECRECY OF THAT INFORMATION AS THE DILIGENCE USED IN PRESERVING THE SECRECY OF THE RECEIVING PARTICIPANT’S OWN CONFIDENTIAL INFORMATION OF LIKE IMPORTANCE, BUT IN NO EVENT LESS THAN REASONABLE DILIGENCE, AND, UPON BECOMING AWARE OF SUCH DISCLOSURE, NOTIFIED THE DISCLOSING PARTICIPANT THEREOF AND TAKEN REASONABLE MEASURES TO MITIGATE THE EFFECTS OF SUCH DISCLOSURE AND TO PREVENT ANY FURTHER DISCLOSURE. In the event of a breach of Safaricom will not be liable if it fails to do something that it is supposed to do under this Agreement, whether or not there is a Force Majeure Event, to the Disclosing Participant may take extent Safaricom’s failure is due to: 6.3.1 your failure to carry out any and all actions of your responsibilities under law against the Receiving Participant. The Participant acknowledges and agrees that the Open Mobile Alliance is not responsible Agreement, or you carrying them out late, in which case you will pay Safaricom (where demanded) for any actions reasonable costs Safaricom incurs as a result of its membersyour failure; 6.3.2 a restriction or prevention by applicable law, includinga court order, but not limited to, any breach of the terms of this Agreementan application for interlocutory relief or injunction. 6.3.3 your or your representatives written direction.

LIABILITY AND LIMITATION OF LIABILITY. The Receiving Participant SCC shall be liable for: (i) responsible for any breach loss of this Agreement or damage to property owned or used by Ameritech caused by the Receiving Participant, and (ii) any unauthorized disclosure grossly negligent acts or use omissions of Confidential Information by persons SCC or entities to whom its agents and subcontractors during the Receiving Participant has course of performing the right to disclose Confidential Information 9-1-1 Services rendered under this Agreement. Neither Party shall require waivers or releases of any personal rights from representatives of the other in connection with visits to its premises and both Parties agree that no such releases or waivers shall be pleaded by them or third persons in any action or proceeding. EXCEPT FOR EACH PARTY'S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, EXCEPT THAT, NEITHER PARTY SHALL BE LIABLE TO THE FULL EXTENT PERMITTED BY LAWOTHER FOR ANY INDIRECT, THE RECEIVING PARTICIPANT SHALL NOT BE LIABLE FORSPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, WHETHER BASED UPON LOST GOODWILL, LOST PROFITS, LOSS OF USE OR PERFORMANCE OF ANY PRODUCTS OR SERVICES OR OTHER PROPERTY, LOSS OR IMPAIRMENT OF DATA OR SOFTWARE, OR OTHERWISE, AND HEREBY DISCLAIMS WHETHER ARISING OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, CONTRACT (INCLUDING THE FURNISHING, PERFORMANCE OR USE OF ANY SOFTWARE OR OTHER PRODUCTS, MATERIALS OR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT OR THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS UNDERTAKEN IN THIS AGREEMENT), TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. AGREEMENT PAGE 10 14 SCC/AMERITECH SERVICES AGREEMENT -------------------------------------------------------------------------------- EXCEPT FOR PERSONAL INJURY AND PROPERTY DAMAGE AND FOR ITS INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, SCC'S ENTIRE LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR CLAIM CONCERNING ITS PERFORMANCE IN CONNECTION WITH INADVERTENT THIS AGREEMENT, INCLUDING ANY NEGLIGENCE, BREACH OF CONTRACT, WARRANTY OR SUCH UNAUTHORIZED DISCLOSURE IF IT HAS EXERCISED THE SAME AMOUNT OF DILIGENCE IN PRESERVING THE SECRECY OF THAT INFORMATION AS THE DILIGENCE USED IN PRESERVING THE SECRECY OF THE RECEIVING PARTICIPANT’S OWN CONFIDENTIAL INFORMATION OF LIKE IMPORTANCEOTHER CLAIM, BUT IN NO EVENT LESS THAN REASONABLE DILIGENCE, AND, UPON BECOMING AWARE OF SUCH DISCLOSURE, NOTIFIED THE DISCLOSING PARTICIPANT THEREOF AND TAKEN REASONABLE MEASURES SHALL BE LIMITED TO MITIGATE THE EFFECTS OF SUCH DISCLOSURE AND TO PREVENT ANY FURTHER DISCLOSURE. In the event of a breach of this Agreement, the Disclosing Participant may take any and all actions under law against the Receiving Participant. The Participant acknowledges and agrees that the Open Mobile Alliance is not responsible for any actions of its members, including, but not limited to, any breach of the terms of this Agreement[ ].

LIABILITY AND LIMITATION OF LIABILITY. The Receiving Participant shall be liable for: (iA) any breach of this Agreement by the Receiving Participant, and (ii) any unauthorized disclosure or use of Confidential Information by persons or entities to whom the Receiving Participant has the right to disclose Confidential Information under this Agreement, EXCEPT THAT, TO THE FULL FULLEST EXTENT PERMITTED BY APPLICABLE LAW, : (I) IN NO EVENT WILL THE RECEIVING PARTICIPANT SHALL NOT COMPANY OR ANY OF THE COMPANY PARTIES BE LIABLE FOR, AND HEREBY DISCLAIMS ANY LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, USE OR DATA, OR OTHER ECONOMIC ADVANTAGEDAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OFOF OR IN ANY WAY RELATED TO THE SALE OR USE OF WORK TOKENS OR OTHERWISE RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR IN CONNECTION WITH INADVERTENT ANY OTHER LEGAL OR SUCH UNAUTHORIZED DISCLOSURE EQUITABLE THEORY (EVEN IF IT THE PARTY HAS EXERCISED THE SAME AMOUNT OF DILIGENCE IN PRESERVING THE SECRECY OF THAT INFORMATION AS THE DILIGENCE USED IN PRESERVING THE SECRECY BEEN ADVISED OF THE RECEIVING PARTICIPANT’S OWN CONFIDENTIAL INFORMATION POSSIBILITY OF LIKE IMPORTANCESUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE), BUT AND (II) IN NO EVENT LESS THAN REASONABLE DILIGENCEWILL THE AGGREGATE LIABILITY OF THE COMPANY AND THE COMPANY PARTIES (JOINTLY), ANDWHETHER IN CONTRACT, UPON BECOMING AWARE WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF SUCH DISCLOSUREOR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE WORK TOKENS, NOTIFIED EXCEED THE DISCLOSING PARTICIPANT THEREOF AND TAKEN REASONABLE MEASURES AMOUNT YOU PAY TO MITIGATE US FOR WORK TOKENS. (B) THE EFFECTS OF SUCH DISCLOSURE AND TO PREVENT ANY FURTHER DISCLOSURE. In the event of a breach of this Agreement, the Disclosing Participant may take any and all actions under law against the Receiving Participant. The Participant acknowledges and agrees that the Open Mobile Alliance is not responsible for any actions of its members, including, but not limited to, any breach of the terms of this Agreement.LIMITATIONS SET FORTH IN SECTION 11(A) WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS

LIABILITY AND LIMITATION OF LIABILITY. The Receiving Participant shall be liable for: (i) any breach of this Agreement by the Receiving Participant, and (ii) any unauthorized disclosure or use of Confidential Information by persons or entities to whom the Receiving Participant has the right to disclose Confidential Information under this Agreement, EXCEPT THAT, TO 00.0. XX THE FULL FULLEST EXTENT PERMITTED BY APPLICABLE LAW, : (I) IN NO EVENT WILL THE RECEIVING PARTICIPANT SHALL NOT COMPANY OR ANY ITS AFFILIATES BE LIABLE FOR, AND HEREBY DISCLAIMS ANY LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, USE OR DATA, OR OTHER ECONOMIC ADVANTAGEDAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE WEBSITE AND SERVICES OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE), AND (II) IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE OF THE WEBSITE OR SERVICES, EXCEED THE AMOUNT YOU PAY TO US FOR OUR SERVICES FEE. 11.2. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS OR LIMITATIONS ON LIABILITY. ONLY DISCLAIMERS OR LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 00.0. XX NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES FOR ANY DAMAGES THAT ARISES OUT OF, OR IN CONNECTION WITH INADVERTENT OR SUCH UNAUTHORIZED DISCLOSURE IF IT HAS EXERCISED THE SAME AMOUNT OF DILIGENCE IN PRESERVING THE SECRECY OF THAT INFORMATION AS THE DILIGENCE USED IN PRESERVING THE SECRECY IS CONNECTED WITH, ANY OF THE RECEIVING PARTICIPANT’S OWN CONFIDENTIAL INFORMATION OF LIKE IMPORTANCE, BUT IN NO EVENT LESS THAN REASONABLE DILIGENCE, AND, UPON BECOMING AWARE OF SUCH DISCLOSURE, NOTIFIED OCCURRENCES DESCRIBED ABOVE EXCEED THE DISCLOSING PARTICIPANT THEREOF AND TAKEN REASONABLE MEASURES TO MITIGATE THE EFFECTS OF SUCH DISCLOSURE AND TO PREVENT ANY FURTHER DISCLOSURE. In the event of a breach of this Agreement, the Disclosing Participant may take any and all actions under law against the Receiving Participant. The Participant acknowledges and agrees that the Open Mobile Alliance is not responsible for any actions of its members, including, but not limited to, any breach of the terms of this Agreement.GREATER OF

LIABILITY AND LIMITATION OF LIABILITY. The Receiving Participant shall be liable for: (i) any breach of this Agreement by the Receiving Participant, and (ii) any unauthorized disclosure or use of Confidential Information by persons or entities to whom the Receiving Participant has the right to disclose Confidential Information under this Agreement, EXCEPT THAT, 10.1. TO THE FULL FULLEST EXTENT PERMITTED BY APPLICABLE LAW, : (I) IN NO EVENT WILL THE RECEIVING PARTICIPANT SHALL NOT COMPANY OR ANY OF THE COMPANY PARTIES BE LIABLE FOR, AND HEREBY DISCLAIMS ANY LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, USE OR DATA, OR OTHER ECONOMIC ADVANTAGEDAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OFOF OR IN ANY WAY RELATED TO THE USE OF THE WEBSITE AND SERVICES OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR IN CONNECTION WITH INADVERTENT ANY OTHER LEGAL OR SUCH UNAUTHORIZED DISCLOSURE EQUITABLE THEORY (EVEN IF IT THE PARTY HAS EXERCISED THE SAME AMOUNT OF DILIGENCE IN PRESERVING THE SECRECY OF THAT INFORMATION AS THE DILIGENCE USED IN PRESERVING THE SECRECY BEEN ADVISED OF THE RECEIVING PARTICIPANT’S OWN CONFIDENTIAL INFORMATION POSSIBILITY OF LIKE IMPORTANCESUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE), BUT AND (II) IN NO EVENT LESS THAN REASONABLE DILIGENCEWILL THE AGGREGATE LIABILITY OF THE COMPANY AND THE COMPANY PARTIES (JOINTLY), ANDWHETHER IN CONTRACT, UPON BECOMING AWARE WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF SUCH DISCLOSUREOR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE OF THE WEBSITE OR SERVICES, NOTIFIED EXCEED THE DISCLOSING PARTICIPANT THEREOF AMOUNT YOU PAY TO US FOR OUR SERVICES FEE. 10.2. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS OR LIMITATIONS ON LIABILITY. ONLY DISCLAIMERS OR LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU, AND TAKEN REASONABLE MEASURES OUR LIABILITY WILL BE LIMITED TO MITIGATE THE EFFECTS OF SUCH DISCLOSURE AND TO PREVENT ANY FURTHER DISCLOSUREMAXIMUM EXTENT PERMITTED BY LAW. 10.3. In no event will the event aggregate liability of a breach the Company and its affiliates and their shareholders, members, directors, officers, employees, agents, vendors, content providers, and representatives for any loss or damage that arises out of, or is connected with, any of this Agreement, the Disclosing Participant occurrences described above exceed the greater of $50 or the fees for Services that you may take any and all actions under law against have paid to us for the Receiving Participantservice we provide through the Services during the month during which the incident occurred. The Participant acknowledges limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and agrees that apply even if any limited remedy specified in these Terms is found to have failed its essential purpose. The limitations of liability provided in these Terms inure to the Open Mobile Alliance is not responsible for any actions benefit of its us and our affiliates and their shareholders, members, includingdirectors, but not limited toofficers, any breach of the terms of this Agreementemployees, agents, vendors, content providers, and representatives.

LIABILITY AND LIMITATION OF LIABILITY. 12.1 The Receiving Participant shall Parties are liable for damages in accordance with the general rules of Danish law for any loss that the other Party may suffer subject to the limitations set out below. 12.2 The Customer is solely responsible and liable for all such Customer’s activities on the Service and the use of the Service. The Customer will thus be liable for:for any breach of the obligations by any of the Customer’s users as if the Customer had breached the Customer’s obligations. 12.3 IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR (i) any breach of this Agreement by the Receiving ParticipantANY LOST PROFITS, and (ii) any unauthorized disclosure or use of Confidential Information by persons or entities to whom the Receiving Participant has the right to disclose Confidential Information under this Agreement, EXCEPT THAT, TO THE FULL EXTENT PERMITTED BY LAW, THE RECEIVING PARTICIPANT SHALL NOT BE LIABLE FOR, AND HEREBY DISCLAIMS ANY LIABILITY FOR ANY DIRECT, REVENUES OR INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR EXEMPLARY DAMAGES PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY OR (INCLUDINGii) FOR ERROR OR INTERRUPTION OF USE, WITHOUT LIMITATIONINACCURACY OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICE OR TECHNOLOGY, OR LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, BUSINESS OR DATA, OR OTHER ECONOMIC ADVANTAGE) EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AIRTAME MAKES NO WARRANTY AND SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF, OF OR IN CONNECTION WITH INADVERTENT ANY MALFUNCTIONS, DELAYS, LOSS OF DATA, LOST PROFITS, INTERRUPTION OF SERVICE OR SUCH UNAUTHORIZED DISCLOSURE LOSS OF BUSINESS OR ANTICIPATORY PROFITS, EVEN IF IT HAS EXERCISED THE SAME AMOUNT OF DILIGENCE IN PRESERVING THE SECRECY OF THAT INFORMATION AS THE DILIGENCE USED IN PRESERVING THE SECRECY A PARTY, INCLUDING WITHOUT LIMITATION CUSTOMER OR ITS AFFILIATES HAVE BEEN APPRISED OF THE RECEIVING PARTICIPANT’S OWN CONFIDENTIAL INFORMATION OF LIKE IMPORTANCE, BUT IN NO EVENT LESS THAN REASONABLE DILIGENCE, AND, UPON BECOMING AWARE LIKELIHOOD OF SUCH DISCLOSUREDAMAGES OCCURRING. CUSTOMER AGREES THAT THE SERVICE IS PROVIDED “AS-IS” WITH NO WARRANTIES WHATSOEVER AND AIRTAME SHALL NOT BE LIABLE FOR CUSTOMERS USE OF MATERIALS FURNISHED THROUGH THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NOTIFIED EXCEPT FOR ANY CLAIM ARISING FROM CUSTOMER’S INDEMNITY OBLIGATIONS, NEITHER PARTY'S AGGREGATE TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS MASTER SUBSCRIPTION AGREEMENT AND THE DISCLOSING PARTICIPANT THEREOF USE OF THE SERVICE WILL EXCEED THE SUBSCRIPTION FEES PAID BY CUSTOMER IN THE 12 MONTHS PRECEDING THE FIRST INCIDENT GIVING RISE TO THE CLAIM. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND TAKEN REASONABLE MEASURES REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION X. WITH RESPECT TO MITIGATE THE EFFECTS EITHER PARTY’S OBLIGATIONS WITH RESPECT TO INDEMNITY, OR ACTS OF SUCH DISCLOSURE AND TO PREVENT ANY FURTHER DISCLOSURE. In the event of a breach of this AgreementGROSS NEGLIGENCE OR WILFUL INTENT, the Disclosing Participant may take any and all actions under law against the Receiving Participant. The Participant acknowledges and agrees that the Open Mobile Alliance is not responsible for any actions of its members, including, but not limited to, any breach of the terms of this AgreementFRAUD.