Common use of Liability Cap Clause in Contracts

Liability Cap. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS OF ANY KIND WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO SURVEYMONKEY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (“GENERAL CAP”). NOTWITHSTANDING THE FOREGOING, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS RELATED TO A PARTY’S BREACH OF ITS OBLIGATIONS UNDER SECTION 7 (“SECURITY AND PRIVACY”) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (“ENHANCED CAP”). THE GENERAL CAP AND ENHANCED CAP WILL NOT APPLY TO LIABILITY FOR (A) FRAUD OR WILFUL MISCONDUCT, (B) DEATH OR PERSONAL INJURY, (C) INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR (D) CUSTOMER’S OBLIGATION TO PAY ANY UNDISPUTED FEES, INVOICES OR COSTS UNDER THIS AGREEMENT.

Liability Cap. SUBJECT TO SECTIONS 7.1 AND 7.3, THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY AND ITS RESPECTIVE AFFILIATES TO THE EXTENT PERMITTED BY APPLICABLE LAWOTHER PARTY OR ANY THIRD PARTY, COLLECTIVELY, FOR ANY AND NOTWITHSTANDING ANYTHING ALL LIABILITY EVENTS IN EACH LIABILITY PERIOD (AS DEFINED BELOW) WILL NOT EXCEED AN AMOUNT EQUAL TO THE CONTRARY FEES PAID AND PAYABLE BY CUSTOMER IN THIS AGREEMENTTHE GIVEN LIABILITY PERIOD. “LIABILITY PERIOD” MEANS EACH 12 MONTH PERIOD COMMENCING ON THE EFFECTIVE DATE AND ON EACH ANNIVERSARY THEREAFTER. A LIABILITY EVENT (AS DEFINED BELOW) GIVING RISE TO A NUMBER OF SEPARATE LIABILITIES, EACH PARTY’S TOTAL AGGREGATE CLAIMS OR CAUSES OF ACTION, AND/OR A SERIES OF CONNECTED LIABILITY ARISING OUT EVENTS, WILL BE CONSIDERED A SINGLE LIABILITY EVENT AND DEEMED TO HAVE OCCURRED IN THE LIABILITY PERIOD IN WHICH THE FIRST LIABILITY EVENT OCCURRED. “LIABILITY EVENT” MEANS ANY INCIDENT, EVENT, STATEMENT, ACT OR OMISSION GIVING RISE TO ANY LIABILITIES, CLAIMS OR CAUSES OF ACTION UNDER OR IN CONNECTION WITH THE AGREEMENT, INCLUDING CONTRACT, WARRANTY, TORT (SUCH AS NEGLIGENCE), STRICT LIABILITY, MISREPRESENTATION, BREACH OF STATUTORY DUTY OR OTHERWISE. A LIABILITY EVENT THAT OCCURS: (I) PRECEDING THE EXECUTION OF THIS AGREEMENT FOR ALL CLAIMS OF ANY KIND WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER AGREEMENT, SHALL BE DEEMED TO SURVEYMONKEY UNDER THIS AGREEMENT HAVE OCCURRED DURING THE TWELVE FIRST LIABILITY PERIOD; AND (12II) MONTHS PRIOR SUBSEQUENT TO THE EVENT GIVING RISE TERMINATION OR EXPIRATION OF THIS AGREEMENT, SHALL BE DEEMED TO THE LIABILITY (“GENERAL CAP”). NOTWITHSTANDING THE FOREGOING, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS RELATED TO A PARTY’S BREACH OF ITS OBLIGATIONS UNDER SECTION 7 (“SECURITY AND PRIVACY”) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER UNDER THIS AGREEMENT HAVE OCCURRED DURING THE TWELVE (12) MONTHS PRIOR TO FINAL LIABILITY PERIOD IN WHICH THE EVENT GIVING RISE TO THE LIABILITY (“ENHANCED CAP”). THE GENERAL CAP AND ENHANCED CAP WILL NOT APPLY TO LIABILITY FOR (A) FRAUD OR WILFUL MISCONDUCT, (B) DEATH OR PERSONAL INJURY, (C) INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR (D) CUSTOMER’S OBLIGATION TO PAY ANY UNDISPUTED FEES, INVOICES OR COSTS UNDER THIS AGREEMENTAGREEMENT REMAINED IN FORCE.

Liability Cap. (a) NOTWITHSTANDING ANYTHING IN THIS AGREEMENT (INCLUDING ANY SERVICES AGREEMENT) TO THE CONTRARY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EACH PARTY’S TOTAL AGGREGATE LIABILITY OF EACH PARTY (INCLUDING ITS RELATED PARTIES) ARISING OUT OF OR IN CONNECTION WITH THIS ANY SERVICES AGREEMENT FOR ALL CLAIMS OF ANY KIND WILL NOT SHALL UNDER NO CIRCUMSTANCES EXCEED THE AMOUNTS PAID BY SERVICE RECIPIENT TO SERVICE PROVIDER FOR SERVICES UNDER SUCH SERVICES AGREEMENT; PROVIDED THAT THIS SECTION 6.4 SHALL NOT LIMIT OR PAYABLE BY CUSTOMER OTHERWISE APPLY TO SURVEYMONKEY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (“GENERAL CAP”). NOTWITHSTANDING THE FOREGOING, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS RELATED TO A PARTY’S BREACH OF ITS OBLIGATIONS UNDER SECTION 7 (“SECURITY AND PRIVACY”6.1(c) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT INDEMNIFICATION PROVISIONS OF FEES ACTUALLY PAID BY ARTICLE VI OF THE CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (“ENHANCED CAP”). THE GENERAL CAP AND ENHANCED CAP WILL NOT APPLY TO LIABILITY FOR (A) FRAUD OR WILFUL MISCONDUCT, (B) DEATH OR PERSONAL INJURY, (C) INFRINGEMENT OF SEPARATION AGREEMENT; PROVIDED FURTHER A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR (D) CUSTOMERSERVICE RECIPIENT’S OBLIGATION TO PAY ANY UNDISPUTED FEESTHE APPLICABLE SERVICES FEES UNDER A SERVICES AGREEMENT SHALL NOT COUNT TOWARD, INVOICES AND SHALL NOT BE SUBJECT TO, THE FOREGOING “LIABILITY CAP” IN THIS SECTION 6.4(a). (b) THE FOREGOING CAP IN SECTION 6.4(a) IS INTENDED TO SET A CAP ON LIABILITY FOR ALL CLAIMS AND OTHER ASSERTIONS BY THE OTHER PARTY TO SUCH SERVICES AGREEMENT OR COSTS UNDER TO THIS AGREEMENT, AS APPLICABLE, AND BY ANY OTHER PERSONS, COMBINED, REGARDLESS OF WHETHER LIABILITY IS BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, IN TORT (INTENTIONAL OR OTHERWISE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND REGARDLESS OF WHETHER LIABILITY RELATES TO ACTS OR OMISSIONS OF A PARTY OR OF ITS RELATED PARTIES, IN EACH CASE TO THE MAXIMUM EXTENT PERMITTED BY LAW. (c) THE PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SPECIFIED IN THIS SECTION 6.4 WILL SURVIVE AND APPLY EVEN IF ANY LIMITED OR SOLE REMEDY SPECIFIED IN THIS AGREEMENT (INCLUDING ANY SERVICES AGREEMENT) IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE.

Liability Cap. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS OF ANY KIND WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO SURVEYMONKEY MOMENTIVE UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (“GENERAL CAP”). NOTWITHSTANDING THE FOREGOING, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS RELATED TO A PARTY’S BREACH OF ITS OBLIGATIONS UNDER SECTION 7 (“SECURITY AND PRIVACY”) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (“ENHANCED CAP”). THE GENERAL CAP AND ENHANCED CAP WILL NOT APPLY TO LIABILITY FOR (A) FRAUD OR WILFUL MISCONDUCT, (B) DEATH OR PERSONAL INJURY, (C) INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR (D) CUSTOMER’S OBLIGATION TO PAY ANY UNDISPUTED FEES, INVOICES OR COSTS UNDER THIS AGREEMENT.

Liability Cap. (a) NOTWITHSTANDING ANYTHING IN THIS AGREEMENT (INCLUDING ANY SERVICES AGREEMENT) TO THE CONTRARY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH PARTY (INCLUDING ITS RELATED PARTIES) ARISING OUT OF OR IN CONNECTION WITH ANY SERVICES AGREEMENT SHALL UNDER NO CIRCUMSTANCES EXCEED THE “LIABILITY CAP” (WHERE “LIABILITY CAP” MEANS, FOR EACH SERVICES AGREEMENT, THE GREATER OF (i) THE AMOUNTS PAID BY SERVICE RECIPIENT TO SERVICE PROVIDER FOR SERVICES UNDER SUCH SERVICES AGREEMENT, AND (ii) ONE HUNDRED THOUSAND DOLLARS (US$100,000)); EXCEPT THAT A SERVICE RECIPIENT PARTY’S OBLIGATION TO PAY THE APPLICABLE SERVICES FEES UNDER A SERVICES AGREEMENT SHALL NOT COUNT TOWARD, AND SHALL NOT BE SUBJECT TO, THE FOREGOING “LIABILITY CAP” IN THIS SECTION 6.3(a). (b) NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY IN THIS AGREEMENTCONTRARY, EACH PARTY’S TOTAL TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF EACH PARTY (INCLUDING ITS RELATED PARTIES) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS OF ANY KIND WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO SURVEYMONKEY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (“GENERAL CAP”). NOTWITHSTANDING THE FOREGOINGAGREEMENT, EACH PARTY’S TOTAL AGGREGATE LIABILITY OTHER THAN ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS RELATED TO A PARTY’S BREACH OF ITS OBLIGATIONS UNDER SECTION 7 (“SECURITY AND PRIVACY”) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (“ENHANCED CAP”). THE GENERAL CAP AND ENHANCED CAP WILL NOT APPLY TO LIABILITY FOR (A) FRAUD OR WILFUL MISCONDUCTANY SERVICES AGREEMENT, (BE.G., TSA OVERHEAD AND OVERSIGHT; EMPLOYEE SEVERANCE) DEATH OR PERSONAL INJURY, SHALL UNDER NO CIRCUMSTANCES EXCEED ONE HUNDRED THOUSAND DOLLARS (C) INFRINGEMENT OF US$100,000); EXCEPT THAT A THIRD SERVICE RECIPIENT PARTY’S INTELLECTUAL PROPERTY RIGHTS OR (D) CUSTOMER’S OBLIGATION TO PAY ANY UNDISPUTED FEES, INVOICES OR COSTS SPECIFIED FEES UNDER THIS AGREEMENT, OTHER THAN SERVICES FEES UNDER SERVICES AGREEMENTS, (E.G., TSA OVERHEAD CHARGES) SHALL NOT COUNT TOWARD, AND SHALL NOT BE SUBJECT TO, THE FOREGOING CAP IN THIS SECTION 6.3(b). (c) THE FOREGOING SECTIONS 6.3(a)-(b) ARE INTENDED TO SET AN AGGREGATE CAP ON LIABILITY FOR ALL CLAIMS AND OTHER ASSERTIONS BY THE OTHER PARTY(IES) TO EACH SERVICES AGREEMENT OR TO THIS AGREEMENT, AS APPLICABLE, AND BY ANY OTHER PERSONS, COMBINED, REGARDLESS OF WHETHER LIABILITY IS BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, IN TORT (INTENTIONAL OR OTHERWISE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND REGARDLESS OF WHETHER LIABILITY RELATES TO ACTS OR OMISSIONS OF A PARTY OR OF ITS RELATED PARTIES, IN EACH CASE TO THE MAXIMUM EXTENT PERMITTED BY LAW. (d) THE PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SPECIFIED IN THIS SECTION 6.3 WILL SURVIVE AND APPLY EVEN IF ANY LIMITED OR SOLE REMEDY SPECIFIED IN THIS AGREEMENT (INCLUDING ANY SERVICES AGREEMENT) IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Liability Cap. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENTEXCEPT FOR EXCLUDED CLAIMS, EACH PARTY’S TOTAL AGGREGATE ENTIRE CUMULATIVE LIABILITY TO THE OTHER ARISING OUT OF OR IN CONNECTION WITH RELATED TO THIS AGREEMENT FOR ALL CLAIMS SHALL NOT, IN THE CASE OF ANY KIND WILL NOT EXCEED AVEPOINT, EX- CEED THE AMOUNTS AMOUNT ACTUALLY PAID OR PAYABLE BY CUSTOMER TO SURVEYMONKEY AVEPOINT UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO PERIOD PRECEEDING THE FIRST EVENT GIVING RISE TO LIABILITY OR, IN THE CASE OF CUSTOMER, EXCEED THE AMOUNT PAYABLE TO AVE- POINT IN ACCORDANCE WITH THE ORDER. FOR THE AVOIDANCE OF DOUBT, THE PRECEDING LIMITATION OF LIABILITY (“GENERAL CAP”). NOTWITHSTANDING THE FOREGOING, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS RELATED TO A PARTY’S BREACH OF ITS OBLIGATIONS UNDER SECTION 7 (“SECURITY AND PRIVACY”) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (“ENHANCED CAP”). THE GENERAL CAP AND ENHANCED CAP WILL NOT APPLY TO LIABILITY FOR (A) FRAUD OR WILFUL MISCONDUCT, (B) DEATH OR PERSONAL INJURY, (C) INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR (D) AFFECT CUSTOMER’S OBLIGATION TO PAY ANY UNDISPUTED FEESEFFECT PAYMENT AS PER SECTION 4 (ORDERS AND PAYMENT), INVOICES OR COSTS UNDER THIS AGREEMENTWHICH SHALL REMAIN IN EFFECT REGARD- LESS OF AND ON TOP OF THE LIMITATION OF LIABILITY. RENONCIATION AUX DOMMAGES INDIRECTS. AU- CUNE DES PARTIES N'AURA DE RESPONSABILITÉ DÉCOU- LANT DE OU LIÉE AU PRÉSENT CONTRAT POUR TOUTE PERTE D'UTILISATION, PERTE DE DONNÉES, PERTE DE PROFITS, DÉFAILLANCE DES MÉCANISMES DE SÉCURITÉ, INTERRUPTION D'ACTIVITÉ, PERTE CAUSÉE PAR L'INTER- RUPTION, LA RÉSILIATION OU LE FONCTIONNEMENT RE- TARDÉ D'INTERNET, DE SERVICES DE TÉLÉCOMMUNICA- TION TIERS OU DE DISPOSITIFS OU SYSTÈMES DE SÉCURITÉ TIERS, SAUF SI LA LOI L'EXIGE. À L'EXCEPTION DE LA VIOLATION PAR LE CLIENT DE L’ARTICLE 1.4 (RES- TRICTIONS D'UTILISATION) OU DE LA FAUTE ILLÉGALE OU INTENTIONNELLE OU DE LA NÉGLIGENCE GRAVE DE L'UNE OU L'AUTRE DES PARTIES, AUCUNE DES PARTIES NE SERA RESPONSABLE DES DOMMAGES INDIRECTS, SPÉCIAUX, ACCIDENTELS, EXEMPLAIRES, PUNITIFS, DE CONFIANCE OU CONSÉCUTIFS DE QUELQUE NATURE QUE CE SOIT, MÊME SI ELLE A ÉTÉ INFORMÉE DE CETTE POSSIBILITÉ À L'AVANCE, SUBIS PAR UNE PARTIE OU PAR TOUTE PARTIE RÉCLAMANT AU NOM OU PAR L'INTER- MÉDIAIRE DE L'AUTRE PARTIE, OU PAR TOUT AUTRE TIERS RÉSULTANT OU DÉCOULANT DE CET CONTRAT OU DE SON EXÉCUTION OU DE SA VIOLATION. PLAFOND DE RESPONSABILITÉ. À L'EXCEPTION DES RÉCLAMATIONS EXCLUES, L'ENTIÈRE RESPONSABILITÉ CUMULÉE DE CHAQUE PARTIE ENVERS L'AUTRE RÉSUL- TANT DE OU LIÉE À CET CONTRAT NE DÉPASSERA PAS, DANS LE CAS D'AVEPOINT, LE MONTANT EFFECTIVE- MENT PAYÉ PAR LE CLIENT À AVEPOINT EN VERTU DE CET CONTRAT AU COURS DE LA PÉRIODE DE DOUZE (12) MOIS PRÉCÉDANT LE PREMIER ÉVÉNEMENT DONNANT LIEU À LA RESPONSABILITÉ OU, DANS LE CAS DU CLIENT, DÉPASSER LE MONTANT PAYABLE À AVEPOINT EN AC- CORD AVEC LA COMMANDE. LA LIMITATION DE RES- PONSABILITÉ PRÉCÉDENTE N'AFFECTE PAS L'OBLIGA- TION DU CLIENT D'EFFECTUER LE PAIEMENT CONFORMÉMENT À L'ARTICLE 4 (COMMANDES ET PAIE- MENT), QUI RESTE EN VIGUEUR INDÉPENDAMMENT ET EN PLUS DE LA LIMITATION DE RESPONSABILITÉ.

Liability Cap. TO THE EXTENT PERMITTED BY APPLICABLE LAWEXCEPT FOR DAMAGES OR LOSSES ARISING FROM INDEMNITY, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENTMISAPPROPRIATION OF A PARTY’S INTELLECTUAL PROPERTY, OR BREACH OF CONFIDENTIALITY, EACH PARTY’S TOTAL AGGREGATE TOTAL, CUMULATIVE LIABILITY TO THE OTHER PARTY FOR ANY DAMAGES OR LOSS ARISING OUT OF FROM OR RELATING TO THIS AGREEMENT WILL NOT EXCEED AMOUNTS PAID BY CLIENT TO HIATUS CAMPERS HEREUNDER. THIS LIMITATION IS C U M U L A T I V E , W I T H A L L P A Y M E N T S F O R A L L LIABILITIES UNDER OR IN CONNECTION WITH THIS THE AGREEMENT FOR ALL BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR MORE CLAIMS OF ANY KIND WILL NOT EXCEED ENLARGE THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO SURVEYMONKEY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (“GENERAL CAP”)LIMIT. NOTWITHSTANDING THE FOREGOINGABOVE, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF THE LIMITATIONS SET FORTH IN THIS SECTION SHALL NOT APPLY TO THE EXTENT EITHER PARTY CAN BE SHOWN TO HAVE ENGAGED IN GROSS NEGLIGENCE OR WILLFUL OR CRIMINAL MISCONDUCT IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS RELATED TO A PARTY’S BREACH THE PERFORMANCE OF ITS OBLIGATIONS UNDER SECTION 7 (“SECURITY AND PRIVACY”) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THIS AGREEMENT. ONCE WARRANTY PERIOD ENDS, HIATUS CAMPERS IS NO LONGER RESPONSIBLE FOR ANY DAMAGES OF ANY KIND OR MALFUNCTION OF THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO PRODUCT. IN THE EVENT GIVING RISE TO THE LIABILITY (“ENHANCED CAP”). THE GENERAL CAP AND ENHANCED CAP WILL NOT APPLY TO LIABILITY FOR (A) FRAUD OR WILFUL MISCONDUCT, (B) DEATH OR PERSONAL INJURY, (C) INFRINGEMENT OF A VEHICULAR COLLISION OR ABNORMAL AND UNFORESEEN DISASTER, HIATUS CAMPERS HOLDS NO RESPONSIBILITY, FINANCIAL OR OTHERWISE, FOR DAMAGES OR MALFUNCTIONS ARISING FROM THE PRODUCT OR ACTS OR COMMISSIONS OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS PARTY OR (D) CUSTOMER’S OBLIGATION TO PAY ANY UNDISPUTED FEES, INVOICES OR COSTS UNDER THIS AGREEMENTPERSONS INVOLVED.

Liability Cap. SUBJECT TO SECTIONS 7.1 AND 7.3, THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY AND ITS RESPECTIVE AFFILIATES TO THE EXTENT PERMITTED BY APPLICABLE LAWOTHER PARTY, COLLECTIVELY, FOR ANY AND NOTWITHSTANDING ANYTHING ALL LIABILITY EVENTS IN EACH LIABILITY PERIOD (AS DEFINED BELOW) WILL NOT EXCEED AN AMOUNT EQUAL TO THE CONTRARY FEES PAID AND PAYABLE BY CUSTOMER IN THIS AGREEMENTTHE GIVEN LIABILITY PERIOD. “LIABILITY PERIOD” MEANS EACH 12 MONTH PERIOD COMMENCING ON THE EFFECTIVE DATE AND ON EACH ANNIVERSARY THEREAFTER. A LIABILITY EVENT (AS DEFINED BELOW) GIVING RISE TO A NUMBER OF SEPARATE LIABILITIES, EACH PARTY’S TOTAL AGGREGATE CLAIMS OR CAUSES OF ACTION, AND/OR A SERIES OF CONNECTED LIABILITY ARISING OUT EVENTS, WILL BE CONSIDERED A SINGLE LIABILITY EVENT AND DEEMED TO HAVE OCCURRED IN THE LIABILITY PERIOD IN WHICH THE FIRST LIABILITY EVENT OCCURRED. “LIABILITY EVENT” MEANS ANY INCIDENT, EVENT, STATEMENT, ACT OR OMISSION GIVING RISE TO ANY LIABILITIES, CLAIMS OR CAUSES OF ACTION UNDER OR IN CONNECTION WITH THE AGREEMENT, INCLUDING CONTRACT, WARRANTY, TORT (SUCH AS NEGLIGENCE), STRICT LIABILITY, MISREPRESENTATION, BREACH OF STATUTORY DUTY OR OTHERWISE. A LIABILITY EVENT THAT OCCURS: (I) PRECEDING THE EXECUTION OF THIS AGREEMENT FOR ALL CLAIMS OF ANY KIND WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER AGREEMENT, SHALL BE DEEMED TO SURVEYMONKEY UNDER THIS AGREEMENT HAVE OCCURRED DURING THE TWELVE FIRST LIABILITY PERIOD; AND (12II) MONTHS PRIOR SUBSEQUENT TO THE EVENT GIVING RISE TERMINATION OR EXPIRATION OF THIS AGREEMENT, SHALL BE DEEMED TO THE LIABILITY (“GENERAL CAP”). NOTWITHSTANDING THE FOREGOING, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS RELATED TO A PARTY’S BREACH OF ITS OBLIGATIONS UNDER SECTION 7 (“SECURITY AND PRIVACY”) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER UNDER THIS AGREEMENT HAVE OCCURRED DURING THE TWELVE (12) MONTHS PRIOR TO FINAL LIABILITY PERIOD IN WHICH THE EVENT GIVING RISE TO THE LIABILITY (“ENHANCED CAP”). THE GENERAL CAP AND ENHANCED CAP WILL NOT APPLY TO LIABILITY FOR (A) FRAUD OR WILFUL MISCONDUCT, (B) DEATH OR PERSONAL INJURY, (C) INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR (D) CUSTOMER’S OBLIGATION TO PAY ANY UNDISPUTED FEES, INVOICES OR COSTS UNDER THIS AGREEMENTAGREEMENT REMAINED IN FORCE.

Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN AN EQUITABLE, LEGAL, OR COMMON LAW ACTION ARISING HEREUNDER FOR CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), ATTORNEY’S FEES AND NOTWITHSTANDING ANYTHING TO COSTS, OR OTHERWISE, FOR DAMAGES WHICH, IN THE CONTRARY IN THIS AGREEMENTAGGREGATE, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS OF ANY KIND WILL NOT EXCEED THE AMOUNTS AMOUNT OF THE FEES PAID OR PAYABLE BY CUSTOMER FOR THE SERVICES GIVING RISE TO SURVEYMONKEY UNDER THIS AGREEMENT DURING SUCH DAMAGES IN THE TWELVE (12) MONTHS PRIOR TO IMMEDIATELY PRECEDING THE EVENT GIVING WHICH GAVE RISE TO THE LIABILITY (“GENERAL CAP”)CLAIM. THE LIMITATIONS SET FORTH IN THIS SECTION 8 SHALL NOT APPLY TO CUSTOMER’S OBLIGATION TO PAY FOR ITS USE OF ACOUSTIC’S SAAS PRODUCTS AND/OR INTELLECTUAL PROPERTY. NOTWITHSTANDING THE FOREGOING, EACH PARTY’S TOTAL AGGREGATE IN THE EVENT OF A DISCLOSURE OF CUSTOMER DATA CAUSED BY THE WILLFUL OR GROSSLY NEGLIGENT ACTS OR OMISSIONS OF ACOUSTIC, THE LIMITATION OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS RELATED DIRECT DAMAGES HEREIN SHALL BE RAISED TO A PARTY’S BREACH OF ITS OBLIGATIONS UNDER SECTION 7 (“SECURITY AND PRIVACY”) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF FEES ACTUALLY PAID BY THE REVENUES RECEIVED FROM CUSTOMER UNDER THIS AGREEMENT DURING FOR THE TWELVE (12) MONTHS PRIOR TO MONTH PERIOD IMMEDIATELY PRECEDING THE DATA DISCLOSURE EVENT GIVING WHICH GAVE RISE TO THE LIABILITY (“ENHANCED CAP”)CLAIM. DIRECT DAMAGES IN THE GENERAL CAP EVENT OF SUCH DATA DISCLOSURE SHALL INCLUDE ANY REASONABLE AND ENHANCED CAP WILL NOT APPLY TO LIABILITY DOCUMENTED AMOUNTS PAID BY CUSTOMER FOR (A) FRAUD OR WILFUL MISCONDUCT, (B) DEATH OR PERSONAL INJURY, (C) INFRINGEMENT CREDIT MONITORING OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR (D) CUSTOMER’S OBLIGATION TO PAY ANY UNDISPUTED FEES, INVOICES OR COSTS UNDER THIS AGREEMENTTHOSE AFFECTED BY THE DISCLOSURE.

Liability Cap. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS OF ANY KIND WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO SURVEYMONKEY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (“GENERAL CAP”). NOTWITHSTANDING THE FOREGOING, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS RELATED TO A PARTY’S BREACH OF ITS OBLIGATIONS UNDER SECTION 7 (“SECURITY AND PRIVACY”) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (“ENHANCED CAP”). THE GENERAL CAP AND ENHANCED CAP WILL NOT APPLY TO LIABILITY FOR (A) FRAUD OR WILFUL MISCONDUCT, (B) DEATH OR PERSONAL INJURY, (C) INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR (D) CUSTOMER’S OBLIGATION TO PAY ANY UNDISPUTED FEES, INVOICES OR COSTS UNDER THIS AGREEMENT.. 12.3

Liability Cap. SUBJECT TO SECTIONS 9.1 AND 9.2, THE EXTENT PERMITTED BY APPLICABLE LAWAGGREGATE LIABILITY OF A PARTY, ITS AFFILIATES, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENTTHEIR RESPECTIVE OFFICERS, EACH PARTY’S TOTAL AGGREGATE LIABILITY DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, FOR CLAIMS ARISING OUT OF UNDER OR IN CONNECTION WITH THIS AGREEMENT AGREEMENT, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) FOR ALL CLAIMS BREACH OF STATUTORY DUTY, WARRANTY, STRICT LIABILITY, PRODUCT LIABILITY, OR ANY KIND WILL OTHER FORM OF ACTION, SHALL BE LIMITED TO AN AMOUNT NOT EXCEED EXCEEDING: (I) IN THE AMOUNTS CASE OF A BREACH OF CLAUSE 10 OR CLAUSE 12.4 BY EITHER PARTY 200% OF THE FEES PAID OR PAYABLE BY CUSTOMER YOU TO SURVEYMONKEY UNDER THIS AGREEMENT DURING CLOUD PROVIDER AS AGENT FOR KX IN THE TWELVE (12) 12 MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY (“SUPER CAP”); AND (II) FOR ALL OTHER CLAIMS, THE TOTAL FEES PAID OR PAYABLE BY YOU TO CLOUD PROVIDER AS AGENT FOR KX UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY (“GENERAL CAP”). NOTWITHSTANDING THE FOREGOING, EACH PARTY’S TOTAL AGGREGATE SUCH LIABILITY ARISING OUT CAPS SHALL BE EXCLUSIVE OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS RELATED ANY UNPAID FEES OWING BY YOU TO A PARTY’S BREACH OF ITS OBLIGATIONS UNDER SECTION 7 (“SECURITY AND PRIVACY”) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (“ENHANCED CAP”). THE GENERAL CAP AND ENHANCED CAP WILL NOT APPLY TO LIABILITY FOR (A) FRAUD OR WILFUL MISCONDUCT, (B) DEATH OR PERSONAL INJURY, (C) INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR (D) CUSTOMER’S OBLIGATION TO PAY ANY UNDISPUTED FEES, INVOICES OR COSTS UNDER THIS AGREEMENTUS.

Liability Cap. SUBJECT TO SECTIONS 7.1 AND 7.3, THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY AND ITS RESPECTIVE AFFILIATES TO THE EXTENT PERMITTED BY APPLICABLE LAWOTHER PARTY OR ANY THIRD PARTY, COLLECTIVELY, FOR ANY AND NOTWITHSTANDING ANYTHING ALL LIABILITY EVENTS IN EACH LIABILITY PERIOD (AS DEFINED BELOW) WILL NOT EXCEED AN AMOUNT EQUAL TO THE CONTRARY FEES PAID AND PAYABLE BY CUSTOMER IN THIS AGREEMENTTHE GIVEN LIABILITY PERIOD. “LIABILITY PERIOD” MEANS EACH 12 MONTH PERIOD COMMENCING ON THE EFFECTIVE DATE AND ON EACH ANNIVERSARY THEREAFTER. A LIABILITY EVENT (AS DEFINED BELOW) GIVING RISE TO A NUMBER OF SEPARATE LIABILITIES, EACH PARTY’S TOTAL AGGREGATE CLAIMS OR CAUSES OF ACTION, AND/OR A SERIES OF CONNECTED LIABILITY ARISING OUT EVENTS, WILL BE CONSIDERED A SINGLE LIABILITY EVENT AND DEEMED TO HAVE OCCURRED IN THE LIABILITY PERIOD IN WHICH THE FIRST LIABILITY EVENT OCCURRED. “LIABILITY EVENT” MEANS ANY INCIDENT, EVENT, STATEMENT, ACT OR OMISSION GIVING RISE TO ANY LIABILITIES, CLAIMS OR CAUSES OF ACTION UNDER OR IN CONNECTION WITH THE AGREEMENT, INCLUDING CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, MISREPRESENTATION, BREACH OF STATUTORY DUTY OR OTHERWISE. A LIABILITY EVENT THAT OCCURS: (I) PRECEDING THE EXECUTION OF THIS AGREEMENT FOR ALL CLAIMS OF ANY KIND WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER AGREEMENT, SHALL BE DEEMED TO SURVEYMONKEY UNDER THIS AGREEMENT HAVE OCCURRED DURING THE TWELVE FIRST LIABILITY PERIOD; AND (12II) MONTHS PRIOR SUBSEQUENT TO THE EVENT GIVING RISE TERMINATION OR EXPIRATION OF THIS EUA, SHALL BE DEEMED TO THE LIABILITY (“GENERAL CAP”). NOTWITHSTANDING THE FOREGOING, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS RELATED TO A PARTY’S BREACH OF ITS OBLIGATIONS UNDER SECTION 7 (“SECURITY AND PRIVACY”) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER UNDER THIS AGREEMENT HAVE OCCURRED DURING THE TWELVE (12) MONTHS PRIOR TO FINAL LIABILITY PERIOD IN WHICH THE EVENT GIVING RISE TO THE LIABILITY (“ENHANCED CAP”). THE GENERAL CAP AND ENHANCED CAP WILL NOT APPLY TO LIABILITY FOR (A) FRAUD OR WILFUL MISCONDUCT, (B) DEATH OR PERSONAL INJURY, (C) INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR (D) CUSTOMER’S OBLIGATION TO PAY ANY UNDISPUTED FEES, INVOICES OR COSTS UNDER THIS AGREEMENTEUA REMAINED IN FORCE.

Liability Cap. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR EXCEPT IN CONNECTION WITH THIS AGREEMENT LIABILITY PURSUANT TO SECTION 6.4(a) ABOVE, LIFT’S MAXIMUM LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF WHETHER THE CLAIM OR ACTION IS BASED ON CONTRACT, TORT, WARRANTY, INDEMNIFICATION OR OTHERWISE, WILL AT ALL CLAIMS OF ANY KIND WILL NOT EXCEED TIMES BE LIMITED TO: (I) THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO SURVEYMONKEY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (“GENERAL CAP”). NOTWITHSTANDING THE FOREGOING, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS RELATED TO A PARTY’S BREACH OF ITS OBLIGATIONS UNDER SECTION 7 (“SECURITY SUBSCRIPTION FEES AND PRIVACY”) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF ACTIVATION FEES ACTUALLY PAID BY YOU TO LIFT DURING THE CUSTOMER 180 CALENDAR DAYS IMMEDIATELY PRIOR TO THE DATE OF THE EARLIEST ALLEGED BREACH BY LIFT OF THE AGREEMENT OR OTHER ALLEGED WRONGFUL ACT COMMITTED OR ALLEGED OMISSION BY LIFT; LESS (II) LIFT’S ACTUAL COSTS TO PROVIDE THE LIFT SOLUTION SERVICES, THE LIFT SOLUTION, THE LIFT PORTAL AND THE APP TO YOU UNDER THIS THE AGREEMENT DURING THE TWELVE SAME PERIOD; PROVIDED HOWEVER, THAT UNDER NO CIRCUMSTANCES SHALL LIFT HAVE ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION WITH: (12V) MONTHS PRIOR THE INSTALLATION OF THE EQUIPMENT ON THE END USER’S ELEVATORS; (W) THE OPERATION OF THE EQUIPMENT INSTALLED ON THE END USER’S ELEVATORS; (X) THE OPERATION OF THE ELEVATORS OWNED BY YOUR END USERS; (Y) THE OPERATION OF THE LIFT SOLUTION SERVICES, THE LIFT SOLUTION, THE LIFT PORTAL, THE APP OR ANY COMPONENT THEREOF; AND/OR (Z) ANY ELEVATOR DATA PROVIDED OR NOT PROVIDED TO YOU OR ANY OF YOUR END USERS PURSUANT TO THE EVENT GIVING RISE TO AGREEMENT. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THE LIABILITY (“ENHANCED CAP”OF LIFT UNDER THIS SECTION 6.5(b). YOU WILL BE SOLELY RESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM: (I) THE GENERAL CAP AND ENHANCED CAP WILL NOT APPLY TO LIABILITY FOR MISUSE OF THE EQUIPMENT, THE LIFT SOLUTION SERVICES, THE LIFT SOLUTION, THE LIFT PORTAL AND/OR THE APP BY YOU, YOUR REPRESENTATIVES AND/OR YOUR END USERS; (AII) FRAUD OR WILFUL MISCONDUCT, (B) DEATH OR PERSONAL INJURY, (C) INFRINGEMENT THE INSTALLATION OF A THIRD PARTYTHE EQUIPMENT ON THE END USER’S INTELLECTUAL PROPERTY RIGHTS OR (D) CUSTOMER’S OBLIGATION TO PAY ANY UNDISPUTED FEES, INVOICES OR COSTS UNDER THIS AGREEMENT.ELEVATORS;

Liability Cap. TO IN NO EVENT WILL THE EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EACH PARTY’S TOTAL COLLECTIVE AGGREGATE LIABILITY OF LICENSOR, LICENSEE, AGEAGLE AND THEIR RESPECTIVE AFFILIATES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS ARISING OUT OF OR IN CONNECTION WITH RELATED TO THIS AGREEMENT FOR ALL CLAIMS AGREEMENT, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY KIND WILL NOT OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE AMOUNTS FOLLOWING: (A) FOR CLAIMS RELATED TO LICENSEE’S OBLIGATION TO INDEMNIFY LICENSOR UNDER SECTION 10.1(b) ABOVE, THE AMOUNT OF USD $2,800,000.00), AND (B) FOR OTHER CLAIMS, THE LESSER OF (I) THE TOTAL AMOUNT OF FEES PAID OR PAYABLE BY CUSTOMER LICENSEE TO SURVEYMONKEY LICENSOR UNDER THIS AGREEMENT THE APPLICABLE SOW DURING THE TWELVE SIX (126) MONTHS PRIOR MONTH PERIOD PRECEDING THE CLAIM, AND (II) USD $10,000.00. THE FOREGOING LIMITATIONS, HOWEVER, SHALL NOT LIMIT LIABILITY OR DAMAGES ARISING FROM, RELATED TO THE EVENT GIVING RISE TO THE LIABILITY (“GENERAL CAP”). NOTWITHSTANDING THE FOREGOING, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS RELATED TO (1) THE INDEMNITORS’ OBLIGATIONS UNDER SECTION 10.1(a) ABOVE, (2) LICENSEE’S MISAPPROPRIATION, MISUSE OR INFRINGEMENT OF THE LICENSOR’S INTELLECTUAL PROPERTY RIGHTS, (3) A PARTY’S BREACH IMPROPER USE OR DISCLOSURE OF THE OTHER PARTY’S CONFIDENTIAL INFORMATION, (4) AMOUNTS PAYABLE BY LICENSEE TO LICENSOR, OR (5) A PARTY’S WILLFUL MISCONDUCT OR FRAUD. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS OBLIGATIONS UNDER SECTION 7 (“SECURITY AND PRIVACY”) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (“ENHANCED CAP”). THE GENERAL CAP AND ENHANCED CAP WILL NOT APPLY TO LIABILITY FOR (A) FRAUD OR WILFUL MISCONDUCT, (B) DEATH OR PERSONAL INJURY, (C) INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR (D) CUSTOMER’S OBLIGATION TO PAY ANY UNDISPUTED FEES, INVOICES OR COSTS UNDER THIS AGREEMENTESSENTIAL PURPOSE.

Liability Cap. TO (a) THE EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, LIMIT OF EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BY STATUTE OR OTHERWISE) TO THE OTHER PARTY IN CONNECTION WITH ANY MATTER RELATED TO THIS AGREEMENT FOR ALL CLAIMS OF ANY KIND WILL UNDER EACH SOW, SHALL NOT IN THE AGGREGATE EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO SURVEYMONKEY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR AN AMOUNT EQUAL TO THE EVENT GIVING RISE GREATER OF THE MINIMUM LIABILITY CAP, OR: (i) SUBJECT TO THE LIABILITY EXHIBIT Q (“GENERAL CAP”). NOTWITHSTANDING THE FOREGOING, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION OTHER TERMS) WITH THIS AGREEMENT FOR ALL CLAIMS RELATED TO A PARTY’S BREACH OF ITS OBLIGATIONS UNDER SECTION 7 (“SECURITY AND PRIVACY”) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (“ENHANCED CAP”). THE GENERAL CAP AND ENHANCED CAP WILL NOT APPLY RESPECT TO LIABILITY FOR BREACH OF SECTION 10.1(c), FOR LIABILITY ARISING FROM THE RECOVERY SERVICES AND SERVICES PERFORMED UNDER THE INTERIM ARRANGEMENT, CHARGES PAID TO ACCENTURE UNDER THE RECOVERY SERVICES SOW AND INTERIM ARRANGEMENT DURING THE LIABILITY CAP CALCULATION PERIOD; (Aii) FRAUD OR WILFUL MISCONDUCTFOR LIABILITY ARISING FROM THE ENHANCEMENT SERVICES, (B) DEATH OR PERSONAL INJURY, (C) INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS CHARGES FOR ENHANCEMENT SERVICES PAID TO ACCENTURE UNDER THE ENHANCEMENTS SOW DURING LIABILITY CAP CALCULATION PERIOD; OR (Diii) CUSTOMER’S OBLIGATION FOR LIABILITY ARISING FROM THE AM SERVICES, CHARGES FOR AM SERVICES PAID TO PAY ANY UNDISPUTED FEESACCENTURE UNDER THE AM SERVICES SOW DURING THE LIABILITY CAP CALCULATION PERIOD. (b) The limitation set forth in Section 15.1(a) above and Section 15.2 below shall not apply to the liability of the applicable Party to the extent such liability results from (i) such Party’s obligation to indemnify (Article XIV); or (ii) such Party’s breach of its obligations with respect to confidentiality (Article XI). In addition, INVOICES OR COSTS UNDER THIS AGREEMENTHawaiian Telcom’s obligation to pay amounts due shall not be subject to the cap set forth in Section 15.1.

Liability Cap. SUBJECT TO SECTIONS 7.1 AND 7.3, THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY AND ITS RESPECTIVE AFFILIATES TO THE EXTENT PERMITTED BY APPLICABLE LAWOTHER PARTY OR ANY THIRD PARTY, COLLECTIVELY, FOR ANY AND NOTWITHSTANDING ANYTHING ALL LIABILITY EVENTS IN EACH LIABILITY PERIOD (AS DEFINED BELOW) WILL NOT EXCEED AN AMOUNT EQUAL TO THE CONTRARY FEES PAID AND PAYABLE BY CUSTOMER IN THIS AGREEMENTTHE GIVEN LIABILITY PERIOD. “LIABILITY PERIOD” MEANS EACH 12 MONTH PERIOD COMMENCING ON THE EFFECTIVE DATE AND ON EACH ANNIVERSARY THEREAFTER. A LIABILITY EVENT (AS DEFINED BELOW) GIVING RISE TO A NUMBER OF SEPARATE LIABILITIES, EACH PARTY’S TOTAL AGGREGATE CLAIMS OR CAUSES OF ACTION, AND/OR A SERIES OF CONNECTED LIABILITY ARISING OUT EVENTS, WILL BE CONSIDERED A SINGLE LIABILITY EVENT AND DEEMED TO HAVE OCCURRED IN THE LIABILITY PERIOD IN WHICH THE FIRST LIABILITY EVENT OCCURRED. “LIABILITY EVENT” MEANS ANY INCIDENT, EVENT, STATEMENT, ACT OR OMISSION GIVING RISE TO ANY LIABILITIES, CLAIMS OR CAUSES OF ACTION UNDER OR IN CONNECTION WITH THE AGREEMENT, INCLUDING CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, MISREPRESENTATION, BREACH OF STATUTORY DUTY OR OTHERWISE. A LIABILITY EVENT THAT OCCURS: (I) PRECEDING THE EXECUTION OF THIS AGREEMENT FOR ALL CLAIMS OF ANY KIND WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER AGREEMENT, SHALL BE DEEMED TO SURVEYMONKEY UNDER THIS AGREEMENT HAVE OCCURRED DURING THE TWELVE FIRST LIABILITY PERIOD; AND (12II) MONTHS PRIOR SUBSEQUENT TO THE EVENT GIVING RISE TERMINATION OR EXPIRATION OF THIS AGREEMENT, SHALL BE DEEMED TO THE LIABILITY (“GENERAL CAP”). NOTWITHSTANDING THE FOREGOING, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS RELATED TO A PARTY’S BREACH OF ITS OBLIGATIONS UNDER SECTION 7 (“SECURITY AND PRIVACY”) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER UNDER THIS AGREEMENT HAVE OCCURRED DURING THE TWELVE (12) MONTHS PRIOR TO FINAL LIABILITY PERIOD IN WHICH THE EVENT GIVING RISE TO THE LIABILITY (“ENHANCED CAP”). THE GENERAL CAP AND ENHANCED CAP WILL NOT APPLY TO LIABILITY FOR (A) FRAUD OR WILFUL MISCONDUCT, (B) DEATH OR PERSONAL INJURY, (C) INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR (D) CUSTOMER’S OBLIGATION TO PAY ANY UNDISPUTED FEES, INVOICES OR COSTS UNDER THIS AGREEMENTAGREEMENT REMAINED IN FORCE.

Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN AN EQUITABLE, LEGAL, OR COMMON LAW ACTION ARISING HEREUNDER FOR CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), ATTORNEY’S FEES AND NOTWITHSTANDING ANYTHING TO COSTS, OR OTHERWISE, FOR DAMAGES WHICH, IN THE CONTRARY IN THIS AGREEMENTAGGREGATE, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS OF ANY KIND WILL NOT EXCEED THE AMOUNTS AMOUNT OF THE FEES PAID OR PAYABLE BY CUSTOMER FOR THE SERVICES GIVING RISE TO SURVEYMONKEY UNDER THIS AGREEMENT DURING SUCH DAMAGES IN THE TWELVE (12) MONTHS PRIOR TO IMMEDIATELY PRECEDING THE EVENT GIVING WHICH GAVE RISE TO THE LIABILITY (“GENERAL CAP”)CLAIM. THE LIMITATIONS SET FORTH IN THIS SECTION 8 SHALL NOT APPLY TO CUSTOMER’S OBLIGATION TO PAY FOR ITS USE OF ACOUSTIC’S SAAS PRODUCTS AND/OR INTELLECTUAL PROPERTY. NOTWITHSTANDING THE FOREGOING, EACH PARTY’S TOTAL AGGREGATE IN THE EVENT OF A DISCLOSURE OF CUSTOMER DATA CAUSED BY THE WILLFUL OR GROSSLY NEGLIGENT ACTS OR OMISSIONS OF ACOUSTIC, THE LIMIATION OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS RELATED DIRECT DAMAGES HEREIN SHALL BE RAISED TO A PARTY’S BREACH OF ITS OBLIGATIONS UNDER SECTION 7 (“SECURITY AND PRIVACY”) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF FEES ACTUALLY PAID BY THE REVENUES RECEIVED FROM CUSTOMER UNDER THIS AGREEMENT DURING FOR THE TWELVE (12) MONTHS PRIOR TO MONTH PERIOD IMMEDIATELY PRECEDING THE DATA DISCLOSURE EVENT GIVING WHICH GAVE RISE TO THE LIABILITY (“ENHANCED CAP”)CLAIM. DIRECT DAMAGES IN THE GENERAL CAP EVENT OF SUCH DATA DISCLOSURE SHALL INCLUDE ANY REASONABLE AND ENHANCED CAP WILL NOT APPLY TO LIABILITY DOCUMENTED AMOUNTS PAID BY CUSTOMER FOR (A) FRAUD OR WILFUL MISCONDUCT, (B) DEATH OR PERSONAL INJURY, (C) INFRINGEMENT CREDIT MONITORING OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR (D) CUSTOMER’S OBLIGATION TO PAY ANY UNDISPUTED FEES, INVOICES OR COSTS UNDER THIS AGREEMENTTHOSE AFFECTED BY THE DISCLOSURE.

Liability Cap. EXCEPT TO THE EXTENT PERMITTED PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL OUR AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENTOUR AFFILIATES’, EACH PARTY’S TOTAL LICENSORS’, SUPPLIERS’, AND SUBCONTRACTORS’ COLLECTIVE AGGREGATE LIABILITY ARISING OUT OF UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS (INCLUDING ANY PURCHASE ORDER OR STATEMENT OF ANY KIND WILL NOT WORK) EXCEED THE AMOUNTS FEES THAT YOU HAVE PAID OR PAYABLE BY CUSTOMER TO SURVEYMONKEY US UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO ONE-YEAR PERIOD IMMEDIATELY PRECEDING THE EVENT EVENTS GIVING RISE TO THE LIABILITY, OR, IF THE LIABILITY (“GENERAL CAP”). NOTWITHSTANDING ARISES FROM A SPECIFIC OFFERING, SERVICES, SDSA MATERIALS, OR DELIVERABLE, THE FOREGOING, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH FEES YOU PAID TO US UNDER THIS AGREEMENT FOR ALL CLAIMS RELATED TO A PARTY’S BREACH OF ITS OBLIGATIONS UNDER SECTION 7 (“SECURITY AND PRIVACY”) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT APPLICABLE OFFERING, SERVICES, SDSA MATERIALS, OR DELIVERABLE GIVING RISE TO THE LIABILITY (“ENHANCED CAP”)LIABILITY. THE GENERAL CAP LIMITATION IN THIS SECTION 10.2 APPLIES TO ANY LIABILITY ARISING UNDER ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, AND ENHANCED CAP WILL NOT APPLY TO LIABILITY FOR (A) FRAUD STRICT LIABILITY, AND IT APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR WILFUL MISCONDUCT, (B) DEATH OR PERSONAL INJURY, (C) INFRINGEMENT OTHER REMEDY OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR (D) CUSTOMER’S OBLIGATION TO PAY ANY UNDISPUTED FEES, INVOICES OR COSTS UNDER THIS AGREEMENTITS ESSENTIAL PURPOSE.

Liability Cap. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT THESE TERMS OF USE FOR ALL CLAIMS OF ANY KIND WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO SURVEYMONKEY UNDER THIS AGREEMENT THESE TERMS OF USE DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (“GENERAL CAP”). NOTWITHSTANDING THE FOREGOING, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT THE TERMS OF USE FOR ALL CLAIMS RELATED TO A PARTY’S BREACH OF ITS OBLIGATIONS UNDER SECTION 7 (“SECURITY AND PRIVACY”) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER UNDER THIS AGREEMENT THE TERMS OF USE DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (“ENHANCED CAP”). THE GENERAL CAP AND ENHANCED CAP WILL NOT APPLY TO LIABILITY FOR (A) FRAUD OR WILFUL MISCONDUCT, (B) DEATH OR PERSONAL INJURY, (C) INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR (D) CUSTOMER’S OBLIGATION TO PAY ANY UNDISPUTED FEES, INVOICES OR COSTS UNDER THIS AGREEMENT.

Liability Cap. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS OF ANY KIND WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO SURVEYMONKEY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (“GENERAL CAP”). NOTWITHSTANDING THE FOREGOING, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS RELATED TO A PARTY’S BREACH OF ITS OBLIGATIONS UNDER SECTION 7 (“SECURITY AND PRIVACY”) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (“ENHANCED CAP”). THE GENERAL CAP AND ENHANCED CAP WILL NOT APPLY TO LIABILITY FOR (A) FRAUD OR WILFUL MISCONDUCT, (B) DEATH OR PERSONAL INJURY, (C) INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR (D) CUSTOMER’S OBLIGATION TO PAY ANY UNDISPUTED FEES, INVOICES OR COSTS UNDER THIS AGREEMENT.

Liability Cap. AT NO TIME SHALL THE CUMULATIVE LIABILITY OF EITHER PARTY, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND REPRESENTATIVES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EACH PARTY’S TOTAL AGGREGATE LIABILITY OTHER PARTY FOR ALL CLAIMS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH RELATED TO THIS AGREEMENT FOR ALL CLAIMS IN ANY WAY, UNDER ANY THEORY OF ANY KIND WILL NOT LIABILITY, EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO SURVEYMONKEY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (“GENERAL CAP”). NOTWITHSTANDING THE FOREGOING, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS RELATED TO A PARTY’S BREACH OF ITS OBLIGATIONS UNDER SECTION 7 (“SECURITY AND PRIVACY”) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF ALL FEES ACTUALLY PAID TO REVINATE BY THE CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE ACCRUAL OF THE MOST RECENT CLAIM. 9.4 APPLICABILITY. THE LIMITATIONS AND DISCLAIMERS SET FORTH IN THIS AGREEMENT SHALL APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF REVINATE OR CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF THE REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE EVENT GIVING RISE TO FULLEST EXTENT PERMITTED BY LAW IN THE LIABILITY (“ENHANCED CAP”)APPLICABLE JURISDICTION. THE GENERAL CAP EXISTENCE OF MORE THAN ONE CLAIM, OR THE SAME CLAIM BY THE PRIMARY CONTRACTING PARTY AND ENHANCED CAP MULTIPLE CONTRACTING AFFILIATES, WILL NOT APPLY TO LIABILITY FOR (A) FRAUD OR WILFUL MISCONDUCT, (B) DEATH OR PERSONAL INJURY, (C) INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR (D) CUSTOMER’S OBLIGATION TO PAY ANY UNDISPUTED FEES, INVOICES OR COSTS UNDER THIS AGREEMENTINCREASE THE FOREGOING LIMITS.

Liability Cap. EXCEPT FOR (A) THE EXCLUDED CLAIMS; (B) IN CASE OF BREACH OF SECTION 20.2 (TURNITIN’S USE OF CUSTOMER’S CONFIDENTIAL INFORMATION) OR 20.3 (MUTUAL CONFIDENTIALITY OBLIGATIONS); OR (C) TURNITIN’S OBLIGATION TO INDEMNIFY CUSTOMER UNDER SECTION 23.2 (INDEMNIFICATION BY TURNITIN), AND TO THE EXTENT PERMITTED ALLOWED BY APPLICABLE LAW, TURNITIN AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENTITS AFFILIATES, EACH PARTY’S OFFICERS, EMPLOYEES, AGENTS OR LICENSORS’ TOTAL AGGREGATE CUMULATIVE LIABILITY ARISING OUT OF UNDER OR IN CONNECTION WITH RELATED TO THIS AGREEMENT FOR ALL CLAIMS OF ANY KIND AND THE SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE GREATER OF THE AMOUNTS PAID OR PAYABLE TO TURNITIN BY CUSTOMER TO SURVEYMONKEY UNDER THIS THE AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR $25,000. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY (“GENERAL CAP”)FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. NOTWITHSTANDING IN THOSE JURISDICTIONS, TURNITIN’S LIABILITY UNDER THE FOREGOING, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS RELATED TO A PARTY’S BREACH OF ITS OBLIGATIONS UNDER SECTION 7 (“SECURITY AND PRIVACY”) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR BE LIMITED TO THE EVENT GIVING RISE TO THE LIABILITY (“ENHANCED CAP”)GREATEST EXTENT PERMITTED BY APPLICABLE LAW. THE GENERAL LIMITATION OF LIABILITY AND LIABILITY CAP AND ENHANCED CAP WILL NOT SHALL APPLY TO LIABILITY FOR (A) FRAUD OR WILFUL MISCONDUCT, (B) DEATH OR PERSONAL INJURY, (C) INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR (D) CUSTOMER’S OBLIGATION TO PAY ANY UNDISPUTED FEES, INVOICES OR COSTS UNDER THIS AGREEMENTEVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL THEIR ESSENTIAL PURPOSE.

Liability Cap. THE LIABILITY OF THE PARTIES AND THEIR AFFILIATES TO EACH OTHER FOR ANY AND ALL CAUSE(S) OF ACTION, REGARDLESS OF THE EXTENT PERMITTED BY APPLICABLE LAWFORM OF ACTION (INCLUDING CONTRACT, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENTTORT, EACH PARTY’S TOTAL AGGREGATE LIABILITY NEGLIGENCE OR ANY OTHER), ARISING OUT OF OR IN CONNECTION WITH RESULTING FROM THE PERFORMANCE OR BREACH OF THIS AGREEMENT FOR OR ANY PSA WILL IN NO EVENT EXCEED IN THE AGGREGATE (I) THE AMOUNT OF CHARGES DUE BY THE GENWORTH GROUP UNDER ALL CLAIMS OF ANY KIND WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER MOAS TO SURVEYMONKEY UNDER THIS AGREEMENT PROVIDER DURING THE [TWELVE (12) MONTHS MONTH PERIOD] PRIOR TO THE EVENT GIVING RISE DATE SUCH CAUSE OF ACTION AROSE, OR (II) IF THE SERVICES HAVE BEEN PROVIDED TO THE LIABILITY (“GENERAL CAP”). NOTWITHSTANDING THE FOREGOING, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT GENWORTH GROUP FOR ALL CLAIMS RELATED TO A PARTY’S BREACH OF ITS OBLIGATIONS UNDER SECTION 7 (“SECURITY AND PRIVACY”) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER UNDER THIS AGREEMENT DURING THE LESS THAN TWELVE (12) MONTHS PRIOR MONTHS, THEN THE AVERAGE MONTHLY CHARGES DUE TO PROVIDER (AND ITS AFFILIATES) FOR ALL OF THE SERVICES PROVIDED TO THE EVENT GIVING RISE GENWORTH GROUP UNDER ALL OF THE MOAS CONVERTED TO AN ANNUALIZED BASIS (THE “LIABILITY (“ENHANCED CAP”). THE GENERAL LIABILITY CAP AND ENHANCED CAP SET FORTH IN THIS SECTION 13.1 WILL NOT APPLY TO ANY AMOUNTS PAID OR OWED PURSUANT TO SECTION 12.1(B) OR 12.2(B). IN ADDITION, IN NO EVENT SHALL PROVIDER BE LIABLE TO THE CUSTOMER IN THE AGGREGATE IN ANY CONTRACT YEAR IN RESPECT OF ANY AND ALL PSAs FOR MORE THAN $12.0 MILLION; PROVIDED, HOWEVER, THAT IF IN ANY CONTRACT YEAR PROVIDER’S ACTUAL LIABILITY FOR TO THE CUSTOMER EXCEEDS $12.0 MILLION, AND (A) FRAUD OR WILFUL MISCONDUCTPROVIDER’S E&O POLICIES (AS DEFINED IN SECTION 12.7) COVER THE APPICABLE CLAIMS FOR WHICH PROVIDER IS LIABLE TO CUSTOMER UNDER THE APPLICABLE PSA, AND (B) DEATH OR PERSONAL INJURYTHE COVERAGE LIMIT OF THE E&O POLICIES HAS NOT BEEN EXCEEDED PRIOR TO THE RESOLUTION OF SUCH CLAIMS, (C) INFRINGEMENT THEN PROVIDER’S LIABILITY TO CUSTOMER FOR SUCH CONTRACT YEAR IN EXCESS OF A THIRD PARTYTHE LIABILITY CAP SET FORTH ABOVE SHALL BE INCREASED BY AN AMOUNT EQUAL TO PROVIDER’S INTELLECTUAL PROPERTY RIGHTS OR (D) CUSTOMER’S OBLIGATION INSURANCE PROCEEDS UNDER THE E&O POLICIES UP TO PAY ANY UNDISPUTED FEES, INVOICES OR COSTS UNDER THIS AGREEMENTAN ADDITIONAL $12.0 MILLION.

Liability Cap. AT NO TIME SHALL THE CUMULATIVE LIABILITY OF EITHER PARTY, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND REPRESENTATIVES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EACH PARTY’S TOTAL AGGREGATE LIABILITY OTHER PARTY FOR ALL CLAIMS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH RELATED TO THIS AGREEMENT FOR ALL CLAIMS IN ANY WAY, UNDER ANY THEORY OF ANY KIND WILL NOT LIABILITY, EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO SURVEYMONKEY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (“GENERAL CAP”). NOTWITHSTANDING THE FOREGOING, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS RELATED TO A PARTY’S BREACH OF ITS OBLIGATIONS UNDER SECTION 7 (“SECURITY AND PRIVACY”) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF ALL FEES ACTUALLY PAID TO REVINATE BY THE CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE ACCRUAL OF THE MOST RECENT CLAIM. NOTWITHSTANDING ANYTHING TO THE EVENT GIVING RISE TO CONTRARY HEREIN, NEITHER THE LIABILITY (“ENHANCED CAP”). CAP IN THIS SECTION 12.7, NOR THE GENERAL CAP AND ENHANCED CAP WILL NOT LIMITATIONS OF LIABILITY IN THIS SECTION 12, SHALL APPLY TO LIABILITY FOR OR LIMIT: (AI) FRAUD EITHER PARTY’S INDEMNITY OBLIGATIONS UNDER THIS AGREEMENT (WHETHER CONTAINED IN THESE GENERAL TERMS OR WILFUL MISCONDUCTELSEWHERE), (BII) DEATH EITHER PARTY’S LIABILITY ARISING FROM ITS BREACH OF SECTION 9 (CONFIDENTIALITY), OR PERSONAL INJURY(III) CUSTOMER’S LIABILITY ARISING FROM USE OR DISTRIBUTION OF THE SOFTWARE, (C) INFRINGEMENT SERVICES, OR REVINATE DATA IN VIOLATION OF A THIRD PARTYTHE XXXX OR OTHERWISE OUTSIDE THE SCOPE OF THE LICENSES GRANTED HEREUNDER, OR CUSTOMER’S OTHER INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF REVINATE’S INTELLECTUAL PROPERTY RIGHTS OR (D) CUSTOMER’S OBLIGATION TO PAY ANY UNDISPUTED FEES, INVOICES OR COSTS UNDER THIS AGREEMENTRIGHTS.

Liability Cap. SUBJECT TO SECTION 8.3 BELOW, UNDER NO CIRCUMSTANCES AND REGARDLESS OF THE EXTENT PERMITTED BY APPLICABLE LAWNATURE OF ANY CLAIM OR ACTION (WHETHER CLAIMS OR ACTIONS BASED IN TORT, AND NOTWITHSTANDING ANYTHING STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY) SHALL EITHER PARTY (OR THEIR RESPECTIVE AFFILIATES OR EGAIN’S LICENSORS) BE LIABLE TO THE CONTRARY IN THIS AGREEMENT, EACH PARTY’S TOTAL AGGREGATE LIABILITY OTHER OR ANY OTHER PERSON OR ENTITY ARISING OUT OF OR IN CONNECTION WITH RELATING TO THIS AGREEMENT (INCLUDING UNDER ANY Order) FOR ALL CLAIMS OF ANY KIND WILL NOT EXCEED AN AGGREGATE AMOUNT EXCEEDING: (I) THE AMOUNTS FEES PAID TO EGAIN UNDER THE APPLICABLE ORDER ALLOCABLE TO THE EGAIN OFFERING GIVING RISE TO THE CLAIM(S) OR PAYABLE BY CUSTOMER ACTION(S); OR (II) WITH RESPECT TO SURVEYMONKEY UNDER THIS AGREEMENT A SUBSCRIPTION BASED EGAIN OFFERING, THE FEES PAID TO EGAIN FOR SUCH EGAIN OFFERING DURING THE TWELVE (12) MONTHS PRIOR TO MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT FIRST INCIDENT GIVING RISE TO THE LIABILITY (“GENERAL CAP”CLAIM(S) OR ACTION(S). NOTWITHSTANDING THE FOREGOING, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT AN “AFFILIATE” OF OR A PARTY MEANS ANY LEGAL ENTITY IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS RELATED TO WHICH A PARTY’S BREACH , DIRECTLY OR INDIRECTLY, HOLDS MORE THAN FIFTY PERCENT (50%) OF ITS OBLIGATIONS UNDER SECTION 7 (“SECURITY AND PRIVACY”) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (“ENHANCED CAP”). THE GENERAL CAP AND ENHANCED CAP WILL NOT APPLY TO LIABILITY FOR (A) FRAUD SHARES OR WILFUL MISCONDUCT, (B) DEATH OR PERSONAL INJURY, (C) INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY VOTING RIGHTS OR (D) CUSTOMER’S OBLIGATION TO PAY ANY UNDISPUTED FEES, INVOICES CONTROLS OR COSTS IS UNDER THIS AGREEMENT.COMMON CONTROL WITH THAT LEGAL ENTITY; AND THE TERM

Liability Cap. THE LIABILITY OF PROVIDER AND THE CUSTOMER PARTY TO EACH OTHER FOR ANY AND ALL CAUSE(S) OF ACTION, REGARDLESS OF THE EXTENT PERMITTED BY APPLICABLE LAWFORM OF ACTION (INCLUDING CONTRACT, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENTTORT, EACH PARTY’S TOTAL AGGREGATE LIABILITY NEGLIGENCE OR ANY OTHER), ARISING OUT OF OR IN CONNECTION WITH RESULTING FROM THE PERFORMANCE OR BREACH OF THIS AGREEMENT FOR ALL CLAIMS OR ANY CUSTOMER SOW WILL IN NO EVENT EXCEED IN THE AGGREGATE (I) [[[***]]] OF ANY KIND WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER FEES DUE TO SURVEYMONKEY UNDER THIS AGREEMENT PROVIDER DURING THE TWELVE (12) MONTHS [[[***]]] PRIOR TO THE EVENT GIVING RISE DATE SUCH CAUSE OF ACTION AROSE, OR (II) IF THE RELEVANT SERVICES HAVE BEEN PROVIDED TO THE LIABILITY (“GENERAL CAP”)CUSTOMER GROUP FOR LESS THAN [[[***]]], THEN THE [[[***]]] FEES DUE TO PROVIDER FOR SUCH SERVICES CONVERTED TO [[[***]]] BASIS. NOTWITHSTANDING THE FOREGOINGIN ADDITION, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS RELATED NO EVENT SHALL PROVIDER BE LIABLE TO A PARTY’S BREACH OF ITS OBLIGATIONS UNDER SECTION 7 (“SECURITY AND PRIVACY”) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER UNDER GROUP IN THE AGGREGATE IN ANY YEAR IN RESPECT OF ANY AND ALL CUSTOMER SOWS FOR MORE THAN [[[***]]] IF A TRANSFERRED SOW DOES NOT SPECIFY A LIMITATION ON LIABILITY OR IF A TRANSFERRED SOW INCLUDES A LIMITATION ON LIABILITY THAT IS GREATER THAN THE LIMITATION PROVIDED IN THIS AGREEMENT DURING SECTION 20.2, THEN THE TWELVE (12) MONTHS PRIOR TO LIMITATION PROVIDED IN THIS SECTION 20.2 WILL APPLY IN LIEU OF THAT IN THE EVENT GIVING RISE TO TRANSFERRED SOW. THE LIABILITY (“ENHANCED CAP”)CAPS SET FORTH IN THIS [[[***]]] CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTIONS HAVE BEEN REDACTED AND FILED SEPARATELY WITH THE GENERAL CAP AND ENHANCED CAP WILL NOT APPLY TO LIABILITY FOR (A) FRAUD OR WILFUL MISCONDUCT, (B) DEATH OR PERSONAL INJURY, (C) INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR (D) CUSTOMER’S OBLIGATION TO PAY ANY UNDISPUTED FEES, INVOICES OR COSTS UNDER THIS AGREEMENTCOMMISSION.

Liability Cap. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS OF ANY KIND WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO SURVEYMONKEY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (“GENERAL CAP”). NOTWITHSTANDING THE FOREGOING, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS RELATED TO A PARTY’S BREACH OF ITS OBLIGATIONS UNDER SECTION 7 (“SECURITY AND PRIVACY”) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (“ENHANCED CAP”). THE GENERAL CAP AND ENHANCED CAP WILL NOT APPLY TO LIABILITY FOR (A) FRAUD OR WILFUL MISCONDUCT, (B) DEATH OR PERSONAL INJURY, (C) INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR (D) CUSTOMER’S OBLIGATION TO PAY ANY UNDISPUTED FEES, INVOICES OR COSTS UNDER THIS AGREEMENT.

Liability Cap. SUBJECT TO SECTION 8.3 BELOW, UNDER NO CIRCUMSTANCES AND REGARDLESS OF THE EXTENT PERMITTED BY APPLICABLE LAWNATURE OF ANY CLAIM OR ACTION (WHETHER CLAIMS OR ACTIONS BASED IN TORT, AND NOTWITHSTANDING ANYTHING STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY) SHALL EGAIN (OR ITS AFFILIATES OR LICENSORS) BE LIABLE TO THE CONTRARY IN THIS AGREEMENT, EACH PARTY’S TOTAL AGGREGATE LIABILITY BUSINESS PARTNER OR CUSTOMER OR ANY OTHER PERSON OR ENTITY ARISING OUT OF OR IN CONNECTION WITH RELATING TO THIS AGREEMENT XXXX (INCLUDING UNDER ANY ORDER) FOR ALL CLAIMS OF ANY KIND WILL NOT EXCEED AN AGGREGATE AMOUNT EXCEEDING THE AMOUNTS FEES PAID OR PAYABLE BY CUSTOMER TO SURVEYMONKEY UNDER THIS AGREEMENT EGAIN FOR SUCH EGAIN OFFERING DURING THE TWELVE (12) MONTHS PRIOR TO MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT FIRST INCIDENT GIVING RISE TO THE LIABILITY (“GENERAL CAP”CLAIM(S) OR ACTION(S). NOTWITHSTANDING THE FOREGOING, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT AN “AFFILIATE” OF OR A PARTY MEANS ANY LEGAL ENTITY IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS RELATED TO WHICH A PARTY’S BREACH , DIRECTLY OR INDIRECTLY, HOLDS MORE THAN FIFTY PERCENT (50%) OF ITS OBLIGATIONS UNDER SECTION 7 (“SECURITY AND PRIVACY”) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (“ENHANCED CAP”). THE GENERAL CAP AND ENHANCED CAP WILL NOT APPLY TO LIABILITY FOR (A) FRAUD SHARES OR WILFUL MISCONDUCT, (B) DEATH OR PERSONAL INJURY, (C) INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY VOTING RIGHTS OR (D) CUSTOMER’S OBLIGATION CONTROLS OR IS UNDER COMMON CONTROL WITH THAT LEGAL ENTITY; AND THE TERM “CONTROL” MEANS THE DIRECT OR INDIRECT POSSESSION OF THE POWER TO PAY DIRECT OR CAUSE THE DIRECTION OF THE MANAGEMENT AND POLICIES OF AN ENTITY, WHETHER THROUGH OWNERSHIP, BY CONTRACT OR OTHERWISE. ANY UNDISPUTED FEES, INVOICES SUCH COMPANY SHALL BE CONSIDERED AN AFFILIATE FOR ONLY SUCH TIME AS SUCH INTEREST OR COSTS UNDER THIS AGREEMENTCONTROL IS MAINTAINED.

Liability Cap. SUBJECT TO THE EXTENT PERMITTED BY APPLICABLE LAW, SECTIONS 7.1 AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT7.3, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS AGREEMENT, WHETHER BASED ON BREACH OF ANY KIND WILL NOT CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL IN NO EVENT EXCEED THE AMOUNTS TOTAL FEES ACTUALLY PAID OR PAYABLE BY CUSTOMER TO SURVEYMONKEY GENESYS UNDER THIS AGREEMENT DURING THE TWELVE (1212 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE. AFFILIATES OR, IN THE CASE OF GENESYS, ITS SUBCONTRACTORS AND SUPPLIERS) MONTHS PRIOR BE LIABLE TO THE EVENT GIVING RISE OTHER FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING LOSS OR CORRUPTION OF DATA, LOSS OF BUSINESS, PROFITS OR GOODWILL (INCLUDING PECUNIARY LOSSES ARISING FROM LOSS OF GOODWILL), LOSSES RELATED TO A DISRUPTION OR STOPPAGE IN CUSTOMER’S OPERATIONS, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND REGARDLESS OF THE LEGAL THEORY ASSERTED, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY (“GENERAL CAP”). NOTWITHSTANDING THE FOREGOINGOR OTHERWISE, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS RELATED TO A PARTY’S BREACH OF ITS OBLIGATIONS UNDER SECTION 7 (“SECURITY AND PRIVACY”) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (“ENHANCED CAP”). THE GENERAL CAP AND ENHANCED CAP WILL NOT APPLY TO LIABILITY FOR (A) FRAUD OR WILFUL MISCONDUCT, (B) DEATH OR PERSONAL INJURY, (C) INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR (D) CUSTOMER’S OBLIGATION TO PAY ANY UNDISPUTED FEES, INVOICES OR COSTS UNDER THIS AGREEMENT.

Liability Cap. SUBJECT TO THE EXTENT PERMITTED BY APPLICABLE LAWSECTION 8(A), AND NOTWITHSTANDING ANYTHING TO THE CONTRARY (I) IN THIS AGREEMENT, EACH NO EVENT WILL EITHER PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH RELATED TO THIS AGREEMENT FOR ALL CLAIMS XXXX UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF ANY KIND WILL NOT CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, EXCEED THE TOTAL AMOUNTS PAID OR PAYABLE BY CUSTOMER TO SURVEYMONKEY UNDER THIS AGREEMENT DURING EARTHDAILY IN THE TWELVE (12) MONTHS PRIOR TO MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY CLAIM; AND (“GENERAL CAP”). NOTWITHSTANDING THE FOREGOING, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF II) IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS RELATED TO A PARTY’S XXXX UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF ITS OBLIGATIONS UNDER SECTION 7 CONTRACT, TORT (“SECURITY INCLUDING NEGLIGENCE), STRICT LIABILITY, AND PRIVACY”) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (“ENHANCED CAP”). THE GENERAL CAP AND ENHANCED CAP WILL NOT APPLY TO LIABILITY OTHERWISE, FOR ANY: (A) FRAUD CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, AGGRAVATED, OR WILFUL MISCONDUCT, PUNITIVE DAMAGES; (B) DEATH INCREASED COSTS, DIMINUTION IN VALUE, OR PERSONAL INJURYLOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (C) INFRINGEMENT LOSS OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS GOODWILL OR REPUTATION; (D) CUSTOMER’S OBLIGATION USE, INABILITY TO PAY USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY UNDISPUTED FEESDATA, INVOICES OR BREACH OF DATA OR SYSTEM SECURITY; OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. LICENSEE FURTHER ACKNOWLEDGES AND AGREES THAT PRODUCT IS DEPENDENT ON DATA ACQUIRED FROM SATELLITE IMAGING SYSTEMS, SUBJECT TO REGULATORY LEGISLATION AND RULINGS, AND INVOLVING A SIGNIFICANT DEGREE OF RISK OF A SYSTEM FAILURE, INCLUDING EQUIPMENT OR SOFTWARE FAILURE OR IMPAIRED PERFORMANCE. EARTHDAILY WILL NOT BE LIABLE TO LICENSEE FOR ANY COSTS UNDER THIS AGREEMENTOR DAMAGES CAUSED BY ANY SYSTEM FAILURE, INCLUDING, WITHOUT LIMITATION, FAILURE, DELAY, OR LIMITATION OF THE SYSTEM OR ANY COMPONENT THEREOF. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.