Common use of Liability Limitations Clause in Contracts

Liability Limitations. NOTWITHSTANDING ANY PROVISION OF THIS XXXX TO THE CONTRARY, IN NO EVENT WILL AVEVA, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, INCLUDING AVEVA LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, BUSINESS, GOODWILL, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF AVEVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IN THIS XXXX IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXX, AVEVA’S LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE OR WHETHER RELATED TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICES) WILL IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES PAID TO AVEVA UNDER THIS XXXX IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING A CLAIM. LICENSEE ACKNOWLEDGES THAT AVEVA’S PRICING REFLECTS THE ALLOCATION OF RISKS, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION OF LIABILITY HEREUNDER.

Liability Limitations. NOTWITHSTANDING ANY PROVISION OF THIS XXXX EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, ROW 44 SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE CONTRARYSERVICES PROVIDED BY ROW 44 HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE (INCLUDING LOST PROFITS AND LOST REVENUES), WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR RELATING TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL AVEVA, NOR ANYONE ELSE WHO HAS BEEN INVOLVED EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF RELATING TO THIS AGREEMENT IN THE CREATION, PRODUCTION OR DELIVERY EXCESS OF THE SOFTWARETOTAL AMOUNT ACTUALLY PAID TO AND RECEIVED BY ROW 44 FROM SOUTHWEST DURING THE 12 MONTH PERIOD PRIOR TO SUCH CLAIM, INCLUDING AVEVA LICENSORSWHICH AMOUNT WILL BE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY HEREUNDER. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE LIABLE FOR DEEMED TO LIMIT ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS LIABILITY WITH RESPECT TO (A) AN OBLIGATION OF PROFITS, BUSINESS, GOODWILL, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF AVEVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY INDEMNITY SET FORTH IN THIS XXXX IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXXAGREEMENT, AVEVA’S LIABILITY (B) FOR DAMAGES RESULTING FROM A BREACH OF AN OBLIGATION OF CONFIDENTIALITY, (C) A BREACH OF THE OBLIGATIONS IN EXHIBIT J HEREUNDER, (D) FOR PERSONAL INJURY OR PATENT INFRINGEMENT OR (E) ANY RIGHT OR REMEDY AVAILABLE TO SOUTHWEST AT LAW OR EQUITY BASED ON ROW 44’S FRAUDULENT ACTS, FRAUDULENT OMISSIONS OR INTENTIONAL MISREPRESENTATIONS. THE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES AND EXPENSES HEREUNDER STOCKHOLDERS OF SOUTHWEST AND ITS AFFILIATES SHALL NOT HAVE ANY PERSONAL LIABILITY OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE OR WHETHER RELATED OBLIGATION TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICES) WILL IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES PAID TO AVEVA ROW 44 ARISING UNDER THIS XXXX IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING A CLAIM. LICENSEE ACKNOWLEDGES THAT AVEVA’S PRICING REFLECTS THE ALLOCATION OF RISKS, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION OF LIABILITY HEREUNDERAGREEMENT.

Liability Limitations. NOTWITHSTANDING ANY PROVISION OF THIS XXXX TO THE CONTRARY, IN NO EVENT WILL AVEVASHALL CLEANBRAIN, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATIONCLEANBRAIN EMPLOYEES, PRODUCTION OR DELIVERY OF THE SOFTWARE, INCLUDING AVEVA LICENSORS, SALES CONTRACTORS BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, BUSINESSLOSS OF USE, GOODWILLBUSINESS INTERRUPTION, REVENUE, LOSS OF DATA OR USECLIENT DATA, INCURRED BY LICENSEE COST OF RECREATING LOST DATA OR CLIENT DATA, COST OF COVER, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR ANY THIRD PARTYLICENSE, WHETHER INCLUDING, BUT NOT LIMITED TO, THE FURNISHING, PERFORMANCE OR USE OF THE CLEANTELLIGENT SUBSCRIPTION SERVICES, SOFTWARE, DOCUMENTATION, PHONE/EMAIL/WEBINAR/CHAT SUPPORT, CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, BASIC SUPPORT SERVICES, PRIORITY SUPPORT SERVICES, BUSINESS INTELLIGENCE/VISUALIZER SERVICES, OR OTHER ITEMS OR SERVICES PROVIDED HEREUNDER OR ANY DELAY IN AN ACTION IN CONTRACT DELIVERY OR TORTFURNISHING THE CLEANTELLIGENT SUBSCRIPTION SERVICES, SOFTWARE, DOCUMENTATION, PHONE/EMAIL/WEBINAR/CHAT SUPPORT, CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, BASIC SUPPORT SERVICES, PRIORITY SUPPORT SERVICES, BUSINESS INTELLIGENCE/VISUALIZER SERVICES, OR SAID ITEMS OR SERVICES, EVEN IF AVEVA CLEANBRAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IN THIS XXXX IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSEDAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN ANY TERM OF THIS XXXXAGREEMENT, AVEVACLEANBRAIN’S MAXIMUM AGGREGATE LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER OR RELATING HERETO (WHETHER IN AN ACTION CONTRACT OR IN CONTRACT, TORT OR OTHERWISE UNDER ANY OTHER FORM OF LIABILITY) FOR DAMAGES OR LOSS, HOWSOEVER ARISING OR CAUSED, WHETHER RELATED TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICES) WILL NOT ARISING FROM CLEANBRAIN’S NEGLIGENCE, SHALL IN NO EVENT EXCEED BE GREATER THAN THE AMOUNT OF LICENSE THE ACCESS FEES PAID TO AVEVA UNDER THIS XXXX IN CLEANBRAIN BY CLIENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING A CLAIMLAST SIX MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO SUCH LIABILITY. LICENSEE ACKNOWLEDGES THAT AVEVA’S PRICING REFLECTS THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CLEANBRAIN SHALL HAVE NO LIABILITY TO CLIENT OR ANY THIRD PARTY FOR ANY ALLEGED INFRINGEMENT RELATING TO THE ALLOCATION OF RISKSXXXX, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION OF LIABILITY HEREUNDERCLEANTELLIGENT SUBSCRIPTION SERVICES, SOFTWARE, DOCUMENTATION, PHONE/EMAIL/WEBINAR/CHAT SUPPORT, CLEANTELLIGENT KNOWLEDGE BASE, IMPLEMENTATION SERVICES, ADMIN ASSIST SERVICES, BASIC SUPPORT SERVICES, PRIORITY SUPPORT SERVICES, OR BUSINESS INTELLIGENCE/VISUALIZER SERVICES, OR CLAIM THEREOF.

Liability Limitations. NOTWITHSTANDING EXCLUDING LOSSES ARISING PURSUANT TO SECTION 9 OR FOR A PARTY’S GROSS NEGLIGENCE, WILLFUL OR INTENTIONAL MISCONDUCT OR FRAUD, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY’S LIABILITY TO THE OTHER HEREUNDER FOR ANY LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, DEFICIENCIES, COSTS OR EXPENSES, INCLUDING THE REASONABLE FEES AND REASONABLE EXPENSES OF LEGAL COUNSEL, ACCOUNTANTS OR OTHER EXPERTS AND PROFESSIONAL ADVISERS (COLLECTIVELY, “LOSS”), ARISING FROM OR RELATING TO THIS AGREEMENT OR THE PROVISION OF THIS XXXX THE SERVICES HEREUNDER WILL NOT EXCEED THE AMOUNT PAID BY CLIENT TO ESENTIRE FOR THE SPECIFIC SERVICE TO WHICH SUCH CLAIM RELATES DURING THE SIX-MONTH PERIOD PRIOR TO THE CONTRARY, IN NO EVENT WILL AVEVA, NOR ANYONE ELSE WHO HAS BEEN INVOLVED DATE THE LOSS OCCURRED. IN THE CREATIONEVENT CLIENT IS PURCHASING SERVICES THROUGH A RESELLER, PRODUCTION OR DELIVERY EACH PARTY’S LIABILITY TO THE OTHER HEREUNDER FOR ANY LOSS (AS DEFINED ABOVE) WILL NOT EXCEED TWO HUNDRED FIFTY THOUSAND U.S. DOLLARS (USD$250,000). REGARDLESS OF THE SOFTWARENATURE OF THE CLAIM OR THEORY OF LIABILITY (INCLUDING, INCLUDING AVEVA LICENSORSWITHOUT LIMITATION, VIOLATION OF ANY REQUIREMENTS OF LAW, BREACH OF CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT), NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY ANY: INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, BUSINESS, GOODWILL, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, (EVEN IF AVEVA THE PARTY CAUSING SUCH LOSS OR DAMAGE HAS BEEN ADVISED OR HAD KNOWLEDGE OF THE POSSIBILITY OF SAME OR COULD REASONABLY HAVE FORESEEN SAME), INCLUDING LOST BUSINESS REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF PROFITS OR FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS). FOR GREATER CERTAINTY, WHERE CLIENT RECEIVES SERVICES THROUGH A RESELLER, ESENTIRE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER IN RESPECT OF ANY ACTS, OMISSIONS, REPRESENTATIONS OR WARRANTIES PROVIDED BY SUCH DAMAGES AND EVEN IF RESELLER. THE PARTIES AGREE THAT THIS SECTION 8 REPRESENTS A REMEDY SET FORTH IN THIS XXXX IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXX, AVEVA’S LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE OR WHETHER RELATED TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICES) WILL IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES PAID TO AVEVA UNDER THIS XXXX IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING A CLAIM. LICENSEE ACKNOWLEDGES THAT AVEVA’S PRICING REFLECTS THE REASONABLE ALLOCATION OF RISKS, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION OF LIABILITY HEREUNDERRISK.

Liability Limitations. NOTWITHSTANDING ANY PROVISION OF THIS XXXX TO THE CONTRARY, IN NO EVENT WILL AVEVA, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, INCLUDING AVEVA LICENSORS, SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY IN ANY MANNER, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHER THEORY, FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIALEXEMPLARY, PUNITIVE PUNITIVE, STATUTORY OR CONSEQUENTIAL SPECIAL DAMAGES, OR DAMAGES FOR INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND LOSS OF PROFITSDATA, BUSINESSREGARDLESS OF WHETHER SUCH PARTY WAS ADVISED OF OR WAS AWARE OF THE POSSIBILITY OR SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL, GOODWILLCUMULATIVE LIABILITY OF ONE PARTY TO THE OTHER PARTY REGARDING ANY AND ALL CLAIMS AND CAUSES OF ACTION, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR UNDER ANY THIRD PARTYTHEORY OF LIABILITY, WHETHER IN AN ACTION CONTRACT, IN CONTRACT TORT (INCLUDING NEGLIGENCE), OR TORTOTHERWISE, EVEN IF AVEVA HAS BEEN ADVISED OF EXCEED TEN MILLION DOLLARS ($10,000,000). THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY LIMITATIONS SET FORTH IN THIS XXXX IS FOUND PARAGRAPH SHALL BE DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING APPLY TO THE CONTRARY MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES SET FORTH IN THIS XXXX, AVEVA’S LIABILITY FOR DAMAGES AGREEMENT. THE PARTIES ACKNOWLEDGE AND EXPENSES HEREUNDER OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE OR WHETHER RELATED TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICES) WILL IN NO EVENT EXCEED AGREE THAT THEY HAVE FULLY CONSIDERED THE AMOUNT OF LICENSE FEES PAID TO AVEVA UNDER THIS XXXX IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING A CLAIM. LICENSEE ACKNOWLEDGES THAT AVEVA’S PRICING REFLECTS THE FOREGOING ALLOCATION OF RISKSRISK AND FIND IT REASONABLE, OWNERSHIP AND THAT THE FOREGOING LIMITATIONS IN THIS PARAGRAPH ARE AN ESSENTIAL BASIS OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION OF LIABILITY HEREUNDERBARGAIN BETWEEN THE PARTIES.

Liability Limitations. NOTWITHSTANDING 10.1 WITH THE EXCEPTION OF ANY PROVISION BREACH BY A PARTY OF THIS XXXX ITS CONFIDENTIALITY OBLIGATIONS HEREUNDER, OR ANY MISAPPROPRIATION BY A PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, NEITHER PARTY SHALL BE LIABLE TO THE CONTRARY, IN NO EVENT WILL AVEVA, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, INCLUDING AVEVA LICENSORS, BE LIABLE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, FRUSTRATION OF ECONOMIC OR DAMAGES FOR BUSINESS EXPECTATIONS, LOSS OF PROFITS, BUSINESS, GOODWILL, LOSS OF ANTICIPATED REVENUE, DATA COST OF CAPITAL, COST OF SUBSTITUTE PRODUCT(S), FACILITIES OR USESERVICES, INCURRED BY LICENSEE DOWNTIME COST, REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN WARRANTY, CONTRACT, NEGLIGENCE, STRICT TORT, PRODUCTS LIABILITY OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORTOTHERWISE, EVEN IF AVEVA THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES EXPRESSLY AGREE THAT THE LIMITATIONS ON DAMAGES AND EVEN IF A REMEDY SET FORTH IN THIS XXXX IS FOUND TO HAVE FAILED AGREEMENT ARE AGREED ALLOCATIONS OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO RISK CONSTITUTING IN PART THE CONTRARY CONSIDERATION FOR THE PARTIES’ RESPECTIVE RIGHTS AND OBLIGATIONS SET FORTH IN THIS XXXXAGREEMENT. IN ADDITION, AVEVA’S LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE OR WHETHER RELATED TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICES) WILL THE PARTIES AGREE THE FOREGOING IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES PAID TO AVEVA UNDER THIS XXXX IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING A CLAIM. LICENSEE ACKNOWLEDGES THAT AVEVA’S PRICING REFLECTS THE ALLOCATION OF RISKS, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION OF LIABILITY WAY LIMITS THEIR RESPECTIVE INDEMNITY OBLIGATIONS HEREUNDER.

Liability Limitations. NOTWITHSTANDING WITH THE SOLE EXCEPTION OF THE EXPRESS TERMS OF ANY PROVISION SERVICE-LEVEL GUARANTEE OR “MONEY BACK” GUARANTEE THEN IN EFFECT, THE APPLICATION, AND ALL OF THIS XXXX ITS RELATED MATERIAL, IS MADE AVAILABLE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” REAXIUM MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE CONTRARYAPPLICATION, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EACH OF WHICH IS HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT ACCESS TO THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED. REAXIUM IS NOT LIABLE FOR DAMAGES ARISING OUT OF, OR IN NO EVENT WILL AVEVACONNECTION WITH, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATIONUSE OF, PRODUCTION OR DELIVERY OF THE SOFTWAREINABILITY TO USE, INCLUDING AVEVA LICENSORS, BE THE SERVICE. REAXIUM IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGESCONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE SERVICE. THE MAXIMUM LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO REAXIUM FOR LOSS YOUR SUBSCRIPTION DURING THE 12 MONTHS PRIOR TO THE INCIDENT. THE FOREGOING LIMITATION OF PROFITS, BUSINESS, GOODWILL, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, LIABILITY SHALL APPLY EVEN IF AVEVA HAS REAXIUM HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, KNEW OF THE POSSIBILITY, OR SHOULD HAVE KNOWN OF THE POSSIBILITY, REGARDLESS OF HOW SUCH DAMAGES MAY HAVE ARISEN, AND EVEN IF REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH A REMEDY SET FORTH CLAIM IS BASED. From time to time we may provide functionality that facilitates access to, or integrates with, other third-party applications or services (e.g. synchronization with your associated organization’s website or servers). You give us the right to use Subscriber Data as required for the normal interaction and inter-operation of our App with the third-party application. We do not assume any responsibility for the operation or support of such application, the terms and conditions for use of those services – including important terms and conditions which may relate to their use of Subscriber Data - are set by the respective providers. THE WARRANTY LIMITATIONS, DISCLAIMERS, AND OTHER LEGAL PROTECTIONS APPLICABLE TO REAXIUM HEREIN MAY BE ASSERTED IN THIS XXXX IS FOUND TO HAVE FAILED FULL BY ITS PARENT, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATED COMPANIES, AND EACH ARE INTENDED THIRD-PARTY BENEFICIARIES OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXX, AVEVA’S LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE OR WHETHER RELATED TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICES) WILL IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES PAID TO AVEVA UNDER THIS XXXX IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING A CLAIM. LICENSEE ACKNOWLEDGES THAT AVEVA’S PRICING REFLECTS THE ALLOCATION OF RISKS, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION OF LIABILITY HEREUNDERSUCH PROTECTIONS.

Liability Limitations. NOTWITHSTANDING ANY PROVISION UNDER NO CIRCUMSTANCES WILL TECH 2 SUCCESS BE LIABLE FOR: LOSS OF THIS XXXX TO THE CONTRARY, IN NO EVENT WILL AVEVA, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION REVENUE; LOSS OF DATA; LOSS OF ACTUAL OR DELIVERY ANTICIPATED PROFITS; LOSS OF CONTRACTS; LOSS OF THE SOFTWAREUSE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, INCLUDING AVEVA LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL OR INDIRECT LOSS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGESPUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING, FOR THE AVOIDANCE OF DOUBT, WHERE SUCH LOSS OR DAMAGE IS ALSO OF PROFITSA CATEGORY OF LOSS OR DAMAGE ALREADY LISTED), BUSINESSWHETHER FORESEEABLE OR UNFORESEEABLE, GOODWILL, REVENUE, DATA OR USE, INCURRED BASED ON CLAIMS BY LICENSEE CUSTOMER OR ANY THIRD PARTYPARTY ARISING OUT OF ANY BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY CONDITIONS OR OTHER TERM, WHETHER BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, OTHER LIABILITY IN AN ACTION IN CONTRACT OR TORT, EVEN IF AVEVA HAS BEEN ADVISED FAILURE OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A ANY REMEDY SET FORTH IN THIS XXXX IS FOUND TO HAVE FAILED OF ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. NOTWITHSTANDING ANYTHING TECH 2 SUCCESS IS NOT LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR THE CONTRARY IN THIS XXXXFAILURE OF A PERSON TO ENTER INTO A TRANSACTION BY MEANS OF CUSTOMER’S USE OF THE SERVICES, AVEVA’S LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER TECHNOLOGY, ANY MODULE (OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACT, TORT OTHER SOFTWARE LICENSED) OR OTHERWISE OR WHETHER RELATED TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT THE SERVICES) WILL IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES PAID TO AVEVA UNDER THIS XXXX IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING A CLAIM. LICENSEE ACKNOWLEDGES THAT AVEVA’S PRICING REFLECTS THE ALLOCATION OF RISKS, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION OF LIABILITY HEREUNDER.

Liability Limitations. NOTWITHSTANDING ANYTHING CONTAINED HEREIN (OR IN ANY PROVISION OF THIS XXXX SLA OR SIGNED ORDER FORM) TO THE CONTRARY, THE MAXIMUM LIABILITY AND OBLIGATION OF COMPANY AS A RESULT OF OR IN NO EVENT WILL AVEVA, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN CONNECTION WITH THE CREATION, PRODUCTION OR DELIVERY OF ANY SERVICE HEREUNDER OR THE SOFTWAREOBLIGATIONS HEREUNDER (INCLUDING WITHOUT LIMITATION, INCLUDING AVEVA LICENSORSAS A RESULT OF ANY BREACH OF THIS AGREEMENT OR ANY GROSS NEGLIGENCE OF COMPANY) SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO COMPANY FOR THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE MONTH IN WHICH THE FIRST CLAIM AROSE; AND PROVIDED FURTHER THAT, FOR THE AVOIDANCE OF ALL DOUBT, CUSTOMER SHALL NOT BE ENTITLED TO RECOVER ANY AMOUNT IN EXCESS OF THE AMOUNT ACTUALLY PAID BY CUSTOMER TO COMPANY FOR THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE MONTH IN WHICH THE FIRST CLAIM AROSE IN CONNECTION WITH OR AS A RESULT OF THE DELIVERY OF ANY SERVICES HEREUNDER OR THE OBLIGATIONS HEREUNDER. EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS SET FORTH UNDER SECTION 7(c) HEREOF AND SUBJECT TO THE OBLIGATIONS SET FORTH IN SECTION 7(c) HEREOF, NEITHER PARTY WILL BE LIABLE FOR ANY DAMAGES FOR LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, THE COST OF PURCHASING REPLACEMENT SERVICES, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, BUSINESS, GOODWILL, REVENUE, DATA OR USE, INCURRED BY LICENSEE IN ANY WAY RELATED TO THIS AGREEMENT OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF AVEVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IN THIS XXXX IS FOUND TO ORDER. COMPANY WILL HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXX, AVEVA’S NO LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER ANY CLAIMS RELATING TO 911 OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACTOTHER EMERGENCY REFERRAL CALLS. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS RESPECTING THE SERVICE, TORT EXPRESS OR OTHERWISE IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR WHETHER RELATED TO FITNESS FOR A PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICES) WILL IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES PAID TO AVEVA UNDER THIS XXXX IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING A CLAIM. LICENSEE ACKNOWLEDGES THAT AVEVA’S PRICING REFLECTS THE ALLOCATION OF RISKS, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION OF LIABILITY HEREUNDERPURPOSE.

Liability Limitations. NOTWITHSTANDING THIS PARAGRAPH LIMITS THE LIABILITIES ARISING FROM THE SERVICES AS WELL AS THE LIABILITIES ARISING UNDER THIS AGREEMENT AND ANY PROVISION SOW, AND IS A BARGAINED-FOR AND MATERIAL PART OF OUR BUSINESS RELATIONSHIP WITH YOU. YOU ACKNOWLEDGE AND AGREE THAT MSP WOULD NOT PROVIDE ANY SERVICES, OR ENTER INTO ANY SOW OR THIS XXXX TO AGREEMENT, UNLESS MSP COULD RELY ON THE CONTRARY, LIMITATIONS DESCRIBED IN THIS PARAGRAPH. IN NO EVENT WILL AVEVA, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, INCLUDING AVEVA LICENSORS, SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR SUCH AS LOST REVENUE, LOSS OF PROFITSPROFITS (EXCEPT FOR FEES DUE AND OWING TO MSP), BUSINESSSAVINGS, GOODWILLOR OTHER INDIRECT OR CONTINGENT EVENT-BASED ECONOMIC LOSS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, REVENUETHIS AGREEMENT, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, SOW EVEN IF AVEVA A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES; HOWEVER, REASONABLE ATTORNEYS’ FEES AWARDED TO A PREVAILING PARTY (AS DESCRIBED BELOW), YOUR INDEMNIFICATION OBLIGATIONS, AND EVEN IF A REMEDY SET FORTH IN THIS XXXX IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING ANY AMOUNTS DUE AND PAYABLE PURSUANT TO THE CONTRARY IN NON-SOLICITATION PROVISION OF THIS XXXXAGREEMENT SHALL NOT BE LIMITED BY THE FOREGOING LIMITATION. EXCEPT FOR THE FOREGOING EXCEPTIONS, AVEVAA RESPONSIBLE PARTY’S (“RESPONSIBLE PARTY’S”) AGGREGATE LIABILITY TO THE OTHER PARTY (“AGGRIEVED PARTY”) FOR DAMAGES FROM ANY AND EXPENSES HEREUNDER ALL CLAIMS OR RELATING HERETO CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ANY SUCH ACTION(S), THAT ARISE FROM OR RELATE TO THIS AGREEMENT (COLLECTIVELY, “CLAIMS”), WHETHER IN AN ACTION IN CONTRACT, TORT TORT, INDEMNIFICATION, OR OTHERWISE OR WHETHER RELATED NEGLIGENCE, SHALL BE LIMITED SOLELY TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICES) WILL IN NO EVENT THE AMOUNT OF THE AGGRIEVED PARTY’S ACTUAL AND DIRECT DAMAGES, NOT TO EXCEED THE AMOUNT OF LICENSE FEES PAID BY YOU (EXCLUDING HARD COSTS FOR LICENSES, HARDWARE, ETC.) TO AVEVA UNDER THIS XXXX IN MSP FOR THE THREE SPECIFIC SERVICE UPON WHICH THE APPLICABLE CLAIM(S) IS/ARE BASED DURING THE SIX (36) MONTH PERIOD IMMEDIATELY PRECEDING PRIOR TO THE DATE ON WHICH THE CAUSE OF ACTION ACCRUED OR $10,000, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE REMEDIES LISTED IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE; HOWEVER, THE LIMITATIONS SHALL NOT APPLY TO THE EXTENT THAT THE CLAIMS ARE CAUSED BY A CLAIMRESPONSIBLE PARTY’S WILLFUL OR INTENTIONAL MISCONDUCT, OR GROSS NEGLIGENCE. LICENSEE ACKNOWLEDGES SIMILARLY, A RESPONSIBLE PARTY’S LIABILITY OBLIGATION SHALL BE REDUCED TO THE EXTENT THAT AVEVAA CLAIM IS CAUSED BY, OR THE RESULT OF, THE AGGRIEVED PARTY’S PRICING REFLECTS WILLFUL OR INTENTIONAL MISCONDUCT, GROSS NEGLIGENCE, OR TO THE ALLOCATION OF RISKSEXTENT THAT THE AGGRIEVED PARTY FAILED TO REASONABLY MITIGATE (OR ATTEMPT TO MITIGATE, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND AS APPLICABLE) THE LIMITATION OF LIABILITY HEREUNDERCLAIMS.

Liability Limitations. NOTWITHSTANDING ANY PROVISION NEITHER PARTY (INCLUDING, IN THE CASE OF THIS XXXX XTIME, ITS AFFILIATES) WILL BE LIABLE TO THE CONTRARY, IN NO EVENT WILL AVEVA, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, INCLUDING AVEVA LICENSORS, BE LIABLE OTHER PARTY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, SPECIALMULTIPLE, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL DAMAGESDAMAGES (INCLUDING ANY DAMAGES RESULTING FROM ANY LOSS OF USE, OR DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, BUSINESS, GOODWILL, REVENUE, DATA LOSS OF BUSINESS OR USE, INCURRED BY LICENSEE OTHER ECONOMIC LOSS) ARISING OUT OF OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT CONNECTION WITH THE APPLICABLE PARTICIPATION FORM AND/OR TORTTHIS AGREEMENT, EVEN IF AVEVA SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IN THIS XXXX IS FOUND TO HAVE FAILED REGARDLESS OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXXFORM OF ACTION OR THEORY OF LIABILITY (INCLUDING BREACH OF CONTRACT OR WARRANTY, AVEVA’S LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACTEQUITY, STRICT LIABILITY, TORT OR OTHERWISE OR WHETHER RELATED OTHERWISE). ADDITIONALLY, THE AGGREGATE LIABILITY UNDER THIS AGREEMENT OF XTIME AND ITS AFFILIATES, ON THE ONE HAND, AND PROVIDER, ON THE OTHER HAND, WILL BE EXPRESSLY LIMITED TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICES) WILL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE AMOUNT OF LICENSE FEES PAID BY PROVIDER TO AVEVA XTIME UNDER THIS XXXX THE APPLICABLE PARTICIPATION FORM IN THE THREE TWELVE (312) MONTH PERIOD IMMEDIATELY PRECEDING A CLAIMMONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. LICENSEE ACKNOWLEDGES THAT AVEVA’S PRICING REFLECTS THE ALLOCATION OF RISKS, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION FOREGOING LIMITATIONS OF LIABILITY HEREUNDERWILL NOT APPLY TO (A) A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 9, (B) A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 10, (C) A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (D) A PARTY’S BREACH OF APPLICABLE PRIVACY LAWS.

Liability Limitations. NOTWITHSTANDING ANY PROVISION OF THIS XXXX TO THE CONTRARY, IN NO EVENT WILL AVEVA, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, INCLUDING AVEVA LICENSORS, BELL SHALL NOT BE LIABLE FOR ANY (A) DAMAGES, CLAIMS, LOSSES, INJURIES, TAXES, EXPENSES OR COSTS (“DAMAGES”) ARISING OUT OF ANY ERRORS, UNAVAILABILITY OR INTERRUPTIONS IN CONNECTION WITH ANY BELL SERVICES OR ANY ACTUAL OR MISSED INSTALLATION APPOINTMENTS; AND/OR (B) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL INCIDENTAL DAMAGES OF ANY KIND OR FOR ANY REASON WHATSOEVER. SUBJECT TO ANY OTHER LIMITATION OR EXCLUSION OF LIABILITY CONTAINED IN THIS AGREEMENT, XXXX'X CUMULATIVE LIABILITY TO YOU FOR ALL BELL SERVICES PROVIDED HEREUNDER FOR DAMAGES, OR INCLUDING DAMAGES FOR LOSS ARISING FROM XXXX’X NEGLIGENCE, BREACH OF PROFITS, BUSINESS, GOODWILL, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF AVEVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IN THIS XXXX IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXX, AVEVA’S LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE OR WHETHER RELATED OTHER CAUSES OF ACTION, INLUDING FUNDAMENTAL BREACH, SHALL NOT EXCEED AN AMOUNT EQUAL TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICESTHE TOTAL AGGREGATE MONTHLY FEES (LESS ALL DISCOUNTS, INCENTIVES, PROMOTIONS AND CREDITS) WILL IN NO EVENT EXCEED PAID BY YOU FOR THE AMOUNT OF LICENSE FEES PAID SPECIFIC BELL SERVICE(S) THAT GAVE RISE TO AVEVA UNDER THIS XXXX IN THE THREE (3) DAMAGES DURING THE 1 MONTH PERIOD IMMEDIATELY PRECEDING BEFORE THE EVENT GIVING RISE TO THE DAMAGES, LESS AMOUNTS PAID (IF ANY) FOR PREVIOUS CLAIMS FOR SUCH BELL SERVICE. BELL SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY CONTENT, APPLICATIONS OR SERVICES PROVIDED TO YOU BY A CLAIMTHIRD-PARTY FOR USE WITH ANY BELL SERVICES EVEN IF BELL IS BILLING AND COLLECTING FEES ON BEHALF OF SUCH A THIRD- PARTY. LICENSEE ACKNOWLEDGES THAT AVEVA’S PRICING REFLECTS THE ALLOCATION OF RISKSWithout limiting the generality of the foregoing, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION OF LIABILITY HEREUNDERBell is not liable for (a) any act or omissions of a telecommunications carrier whose facilities are used in establishing connections to points which Bell does not directly serve; (b) defamation, trademark, copyright, or any intellectual property right infringement arising from material transmitted or received over Xxxx’x facilities or claims based on a contention that the use of equipment through your account infringes the intellectual property rights of a third-party; or (c) infringement of any intellectual property right arising from combining or using non-Xxxx Equipment and facilities with Bell Services.

Liability Limitations. NOTWITHSTANDING ANY PROVISION NEITHER PARTY (INCLUDING, IN THE CASE OF THIS XXXX XTIME, ITS AFFILIATES) WILL BE LIABLE TO THE CONTRARYOTHER PARTY FOR ANYINDIRECT, IN NO EVENT WILL AVEVASPECIAL, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, INCLUDING AVEVA LICENSORS, BE LIABLE FOR ANY INDIRECTEXEMPLARY, INCIDENTAL, SPECIALMULTIPLE, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL DAMAGESDAMAGES (INCLUDING ANY DAMAGES RESULTING FROM ANY LOSS OF USE, OR DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, BUSINESS, GOODWILL, REVENUE, DATA LOSS OF BUSINESS OR USE, INCURRED BY LICENSEE OTHER ECONOMIC LOSS) ARISING OUT OF OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT CONNECTION WITH THE APPLICABLE PARTICIPATION FORM AND/OR TORTTHIS AGREEMENT, EVEN IF AVEVA SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IN THIS XXXX IS FOUND TO HAVE FAILED REGARDLESS OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXXFORM OF ACTION OR THEORY OF LIABILITY (INCLUDING BREACH OF CONTRACT OR WARRANTY, AVEVA’S LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACTEQUITY, STRICT LIABILITY, TORT OR OTHERWISE OR WHETHER RELATED OTHERWISE). ADDITIONALLY, THE AGGREGATE LIABILITY UNDER THIS AGREEMENT OF XTIME AND ITS AFFILIATES, ON THE ONE HAND, AND PROVIDER, ON THE OTHER HAND, WILL BE EXPRESSLY LIMITED TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICES) WILL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE AMOUNT OF LICENSE FEES PAID BY PROVIDER TO AVEVA XTIME UNDER THIS XXXX THE APPLICABLE PARTICIPATION FORM IN THE THREE TWELVE (312) MONTH PERIOD IMMEDIATELY PRECEDING A CLAIMMONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. LICENSEE ACKNOWLEDGES THAT AVEVA’S PRICING REFLECTS THE ALLOCATION OF RISKS, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION FOREGOING LIMITATIONS OF LIABILITY HEREUNDERWILL NOT APPLY TO (A) A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 9, (B) A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 9, (C) A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (D) A PARTY’S BREACH OF APPLICABLE PRIVACY LAWS.

Liability Limitations. NOTWITHSTANDING ANY PROVISION NEITHER PARTY (INCLUDING, IN THE CASE OF THIS XXXX XTIME, ITS AFFILIATES) WILL BE LIABLE TO THE CONTRARY, IN NO EVENT WILL AVEVA, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, INCLUDING AVEVA LICENSORS, BE LIABLE OTHER PARTY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, SPECIALMULTIPLE, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL DAMAGESDAMAGES (INCLUDING ANY DAMAGES RESULTING FROM ANY LOSS OF USE, OR DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, BUSINESS, GOODWILL, REVENUE, DATA LOSS OF BUSINESS OR USE, INCURRED BY LICENSEE OTHER ECONOMIC LOSS) ARISING OUT OF OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT CONNECTION WITH THE APPLICABLE PARTICIPATION FORM AND/OR TORTTHIS AGREEMENT, EVEN IF AVEVA SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IN THIS XXXX IS FOUND TO HAVE FAILED REGARDLESS OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXXFORM OF ACTION OR THEORY OF LIABILITY (INCLUDING BREACH OF CONTRACT OR WARRANTY, AVEVA’S LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACTEQUITY, STRICT LIABILITY, TORT OR OTHERWISE OR WHETHER RELATED OTHERWISE). ADDITIONALLY, THE AGGREGATE LIABILITY UNDER THIS AGREEMENT OF XTIME AND ITS AFFILIATES, ON THE ONE HAND, AND PROVIDER, ON THE OTHER HAND, WILL BE EXPRESSLY LIMITED TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICES) WILL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE AMOUNT OF LICENSE FEES PAID BY PROVIDER TO AVEVA XTIME UNDER THIS XXXX THE APPLICABLE PARTICIPATION FORM IN THE THREE TWELVE (312) MONTH PERIOD IMMEDIATELY PRECEDING A CLAIMMONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. LICENSEE ACKNOWLEDGES THAT AVEVA’S PRICING REFLECTS THE ALLOCATION OF RISKS, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION FOREGOING LIMITATIONS OF LIABILITY HEREUNDERWILL NOT APPLY TO (A) A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 9, (B) A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 9, (C) A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (D) A PARTY’S BREACH OF APPLICABLE PRIVACY LAWS.

Liability Limitations. NOTWITHSTANDING ANY PROVISION OF THIS XXXX TO THE CONTRARYEXTENT PERMITTED BY LAW, IN NO EVENT WILL AVEVA, NOR ANYONE ELSE WHO HAS BEEN INVOLVED SHALL THE TOTAL LIABILITY OF COMPANY OR CUSTOMER TOGETHER WITH ALL OF THEIR RESPECTIVE AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED IN THE CREATION, PRODUCTION AGGREGATE THE FEES PAID BY CUSTOMER TO COMPANY FOR THE AFFECTED SERVICES IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE MONTH IN WHICH THE CLAIM AROSE. CUSTOMERS SOLE REMEDY FOR FAILURE OR DELIVERY NON-PERFORMANCE OF THE SOFTWARE, INCLUDING AVEVA LICENSORS, SERVICE OR EQUIPMENT TO MEET THE PERFORMANCE OR SERVICE LEVELS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, BUSINESS, GOODWILL, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER TO RECEIVE A CREDIT AS SET OUT IN AN ACTION IN CONTRACT OR TORT, EVEN IF AVEVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IN THIS XXXX IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSEAPPLICLE SCHEDULE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXXAGREEMENT, AVEVA’S LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER ANY SCHEDULE, OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACTANY OTHER APPLICABLE TERMS, TORT OR OTHERWISE OR WHETHER RELATED TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICES) WILL IN NO EVENT EXCEED SHALL EITHER PARTY BE RESPONSIBLE TO THE AMOUNT OTHER FOR INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDIN G, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOSS OF LICENSE FEES PAID DATA, THE COST OF SUBSTITUTE SERVICES OR DIMINUTION IN GOODWILL, OF THE OTHER PARTY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS CLAUSE SHALL LIMIT THE LIABILITY OF CUSTOMER TO AVEVA UNDER THIS XXXX IN PAY THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING A CLAIM. LICENSEE ACKNOWLEDGES THAT AVEVA’S PRICING REFLECTS THE ALLOCATION OF RISKS, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION OF LIABILITY HEREUNDERCHARGES.

Liability Limitations. NOTWITHSTANDING ANY PROVISION OF THIS XXXX TO THE CONTRARYEXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT WILL AVEVA, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN SHALL THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, INCLUDING AVEVA LICENSORS, PerkWiz PARTIES BE LIABLE FOR ANY INDIRECTINJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGESDAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR DAMAGES FOR LOSS OF PROFITSOTHERWISE, BUSINESS, GOODWILL, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, AND EVEN IF AVEVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IN DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS XXXX IS FOUND TO HAVE FAILED AGREEMENT (INCLUDING ANY CHANGES THERETO), (2) ANY USE OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXXPerkWiz SITES, AVEVA’S LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER SERVICES, THE PerkWiz CONTENT, OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACTTHE USER CONTENT, TORT OR OTHERWISE OR WHETHER RELATED TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICES) WILL IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES PAID TO AVEVA UNDER THIS XXXX IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF ANY OF THE SERVICES), OR (4) YOUR VISIT TO ANY RESTAURANT OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY RESTAURANT OR MERCHANT IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE PerkWiz SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE PerkWiz CONTENT. PerkWiz IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY RESTAURANT FOR WHICH A CLAIMUSER HAS MADE A RESERVATION, CLAIMED AN OFFER OR PROMOTION, OR PAID A BILL USING THE PAYMENT SERVICES OR ANY MERCHANT THAT ISSUES A MERCHANT GIFT CARD. LICENSEE ACKNOWLEDGES THAT AVEVA’S PRICING REFLECTS IF YOU ARE A RESIDENT OF THE ALLOCATION OF RISKSUK OR EU, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION OF LIABILITY HEREUNDERIN THIS AGREEMENT SHALL NOT APPLY TO ANY DAMAGE ARISING FROM OUR WILLFUL MISCONDUCT AND GROSS NEGLIGENCE, NOR SHALL IT APPLY TO DAMAGE FROM INJURY TO LIFE, BODY OR HEALTH. IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT ENFORCEABLE AT LAW, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE GIFT CARD TERMS, YOU EXPRESSLY AGREE THAT OUR LIABILITY TO YOU (FOR AY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50). You and XxxxXxx understand and agree that the disclaimers, exclusions, and limitations in this Section 19 and in Section 20 are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that XxxxXxx would be unable to make the Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Liability Limitations. NOTWITHSTANDING ANY PROVISION OF THIS XXXX TO THE CONTRARYUNDER NO CIRCUMSTANCES SHALL COMINDWARE, IN NO EVENT WILL AVEVAOR ITS SUPPLIERS, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATIONRESELLERS, PRODUCTION PARTNERS OR DELIVERY OF THE SOFTWARE, INCLUDING AVEVA LICENSORS, THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGESEXEMPLARY, OR PUNITIVE DAMAGES FOR LOSS OF PROFITS, BUSINESS, GOODWILL, REVENUE, DATA ARISING FROM OR USE, INCURRED BY LICENSEE RELATED TO THE SOFTWARE OR ANY THIRD PARTYSERVICE, WHETHER IN AN ACTION IN CONTRACT SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR TORTOTHERWISE, (EVEN IF AVEVA ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF COMINDWARE, AND ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO COMINDWARE FOR THE SOFTWARE OR SERVICE. IF THE SOFTWARE AND SERVICE ARE PROVIDED WITHOUT CHARGE, THEN COMINDWARE AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER IN EXCESS OF $100.00. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND EVEN IF RELIANCE ON THE SOFTWARE OR SERVICE, FROM INABILITY TO USE THE SOFTWARE OR SERVICE, TO USE OR RETRIEVE ANY BACKUP DATA, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH IN THIS XXXX IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING AND TO THE CONTRARY IN THIS XXXX, AVEVA’S LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACT, TORT OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR OTHERWISE OR WHETHER RELATED TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICES) WILL IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES PAID TO AVEVA UNDER THIS XXXX IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING A CLAIM. LICENSEE ACKNOWLEDGES THAT AVEVA’S PRICING REFLECTS THE ALLOCATION OF RISKS, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION OF LIABILITY HEREUNDERFOR INCIDENTAL, CONSEQUENTIAL, OR DIRECT DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THE SOFTWARE AND SERVICE ARE NOT INTENDED FOR USE IN CONNECTION WITH ANY NUCLEAR, AVIATION, MASS TRANSIT, OR MEDICAL APPLICATION OR ANY OTHER INHERENTLY DANGEROUS APPLICATION THAT COULD RESULT IN DEATH, PERSONAL INJURY, CATASTROPHIC DAMAGE, OR MASS DESTRUCTION, AND LICENSEE AGREES THAT LICENSOR WILL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE SOFTWARE. LICENSOR SHALL NOT BE LIABLE FOR DAMAGES TO LICENSEE’S HARDWARE AND SOFTWARE, LOSS, DESTRUCTION OR CORRUPTION OF LICENSEE’S DATA, LOSS OF REVENUE OF PROFITS AS A RESULT OF LICENSEE’S USE OF THE SOFTWARE.

Liability Limitations. NOTWITHSTANDING ANY PROVISION NEITHER PARTY (INCLUDING, IN THE CASE OF THIS XXXX DEALERTRACK, ITS AFFILIATES) WILL BE LIABLE TO THE CONTRARY, IN NO EVENT WILL AVEVA, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, INCLUDING AVEVA LICENSORS, BE LIABLE OTHER PARTY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, SPECIALMULTIPLE, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL DAMAGESDAMAGES (INCLUDING ANY DAMAGES RESULTING FROM ANY LOSS OF USE, OR DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, BUSINESS, GOODWILL, REVENUE, DATA LOSS OF BUSINESS OR USE, INCURRED BY LICENSEE OTHER ECONOMIC LOSS) ARISING OUT OF OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT CONNECTION WITH THE APPLICABLE PARTICIPATION FORM AND/OR TORTTHIS AGREEMENT, EVEN IF AVEVA SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IN THIS XXXX IS FOUND TO HAVE FAILED REGARDLESS OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXXFORM OF ACTION OR THEORY OF LIABILITY (INCLUDING BREACH OF CONTRACT OR WARRANTY, AVEVA’S LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACTEQUITY, STRICT LIABILITY, TORT OR OTHERWISE OR WHETHER RELATED OTHERWISE). ADDITIONALLY, THE AGGREGATE LIABILITY UNDER THIS AGREEMENT OF DEALERTRACK AND ITS AFFILIATES, ON THE ONE HAND, AND PROVIDER, ON THE OTHER HAND, WILL BE EXPRESSLY LIMITED TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICES) WILL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE AMOUNT OF LICENSE FEES PAID BY PROVIDER TO AVEVA DEALERTRACK UNDER THIS XXXX THE APPLICABLE PARTICIPATION FORM IN THE THREE TWELVE (312) MONTH PERIOD IMMEDIATELY PRECEDING A CLAIMMONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. LICENSEE ACKNOWLEDGES THAT AVEVA’S PRICING REFLECTS THE ALLOCATION OF RISKS, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION FOREGOING LIMITATIONS OF LIABILITY HEREUNDERWILL NOT APPLY TO (A) A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 9, (B) A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 10, (C) A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (D) A PARTY’S BREACH OF APPLICABLE PRIVACY LAWS.

Liability Limitations. NOTWITHSTANDING ANY PROVISION OF THIS XXXX TO THE CONTRARY, IN NO EVENT WILL AVEVA, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, INCLUDING AVEVA LICENSORS, BELL SHALL NOT BE LIABLE FOR ANY (A) DAMAGES, CLAIMS, LOSSES, INJURIES, TAXES, EXPENSES OR COSTS (“DAMAGES”) ARISING OUT OF ANY ERRORS, UNAVAILABILITY OR INTERRUPTIONS IN CONNECTION WITH ANY BELL SERVICES OR ANY ACTUAL OR MISSED INSTALLATION APPOINTMENTS; AND/OR (B) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL INCIDENTAL DAMAGES OF ANY KIND OR FOR ANY REASON WHATSOEVER. SUBJECT TO ANY OTHER LIMITATION OR EXCLUSION OF LIABILITY CONTAINED IN THIS AGREEMENT, XXXX’X CUMULATIVE LIABILITY TO YOU FOR ALL BELL SERVICES PROVIDED HEREUNDER FOR DAMAGES, OR INCLUDING DAMAGES FOR LOSS ARISING FROM XXXX’X NEGLIGENCE, BREACH OF PROFITS, BUSINESS, GOODWILL, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF AVEVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IN THIS XXXX IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXX, AVEVA’S LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE OR WHETHER RELATED OTHER CAUSES OF ACTION, INLUDING FUNDAMENTAL BREACH, SHALL NOT EXCEED AN AMOUNT EQUAL TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICESTHE TOTAL AGGREGATE MONTHLY FEES (LESS ALL DISCOUNTS, INCENTIVES, PROMOTIONS AND CREDITS) WILL IN NO EVENT EXCEED PAID BY YOU FOR THE AMOUNT OF LICENSE FEES PAID SPECIFIC BELL SERVICE(S) THAT GAVE RISE TO AVEVA UNDER THIS XXXX IN THE THREE (3) DAMAGES DURING THE 1 MONTH PERIOD IMMEDIATELY PRECEDING BEFORE THE EVENT GIVING RISE TO THE DAMAGES, LESS AMOUNTS PAID (IF ANY) FOR PREVIOUS CLAIMS FOR SUCH BELL SERVICE. BELL SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY CONTENT, APPLICATIONS OR SERVICES PROVIDED TO YOU BY A CLAIMTHIRD- PARTY FOR USE WITH ANY BELL SERVICES EVEN IF BELL IS BILLING AND COLLECTING FEES ON BEHALF OF SUCH A THIRD- PARTY. LICENSEE ACKNOWLEDGES THAT AVEVA’S PRICING REFLECTS THE ALLOCATION OF RISKSWithout limiting the generality of the foregoing, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION OF LIABILITY HEREUNDERBell is not liable for (a) any act or omissions of a telecommunications carrier whose facilities are used in establishing connections to points which Bell does not directly serve; (b) defamation, trademark, copyright, or any intellectual property right infringement arising from material transmitted or received over Xxxx’x facilities or claims based on a contention that the use of equipment through your account infringes the intellectual property rights of a third-party; or (c) infringement of any intellectual property right arising from combining or using non-Xxxx Equipment and facilities with Xxxx Services.

Liability Limitations. NOTWITHSTANDING ANY PROVISION NEITHER PARTY (INCLUDING, IN THE CASE OF THIS XXXX DDC, ITS AFFILIATES AND THIRD PARTIES PROVIDING THIRD PARTY MATERIALS IN CONNECTION WITH THE AGREEMENT) WILL BE LIABLE TO THE CONTRARY, IN NO EVENT WILL AVEVA, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, INCLUDING AVEVA LICENSORS, BE LIABLE OTHER PARTY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, SPECIALMULTIPLE, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL DAMAGESDAMAGES (INCLUDING ANY DAMAGES RESULTING FROM ANY LOSS OF USE, OR DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, BUSINESS, GOODWILL, REVENUE, DATA LOSS OF BUSINESS OR USE, INCURRED BY LICENSEE OTHER ECONOMIC LOSS) ARISING OUT OF OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORTCONNECTION WITH THE AGREEMENT, EVEN IF AVEVA SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, THE AGGREGATE LIABILITY UNDER THE AGREEMENT OF DDC, ITS AFFILIATES AND ITS THIRD PARTIES, ON THE ONE HAND, AND VENDOR AND VENDOR’S AFFILIATES, ON THE OTHER HAND, WILL BE EXPRESSLY LIMITED TO AN AMOUNT EQUAL TO THE AMOUNT PAID BY VENDOR TO DDC UNDER THE AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE FOREGOING LIMITATIONS OF LIABILITY WILL NOT APPLY TO (A) A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER THE AGREEMENT, (B) DAMAGES AND EVEN IF LOSSES RESULTING FROM VENDOR’S BREACH OF THE RESTRICTIONS IN SECTION 5, OR (C) A REMEDY SET FORTH IN THIS XXXX IS FOUND PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, INCLUDING WITH RESPECT TO HAVE FAILED A PARTY’S BREACH OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXX, AVEVA’S LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER SECTION 9 (CONFIDENTIAL INFORMATION) OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE OR WHETHER RELATED TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICES) WILL IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES PAID TO AVEVA UNDER THIS XXXX IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING A CLAIM. LICENSEE ACKNOWLEDGES THAT AVEVA’S PRICING REFLECTS THE ALLOCATION OF RISKS, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION OF LIABILITY HEREUNDERAPPLICABLE PRIVACY LAWS.

Liability Limitations. NOTWITHSTANDING ANY PROVISION UNDER NO CIRCUMSTANCES WILL AZ SELLER BE LIABLE FOR: LOSS OF THIS XXXX TO THE CONTRARY, IN NO EVENT WILL AVEVA, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION REVENUE; LOSS OF DATA; LOSS OR DELIVERY LEVEL OF INVENTORY OR ITS EFFECT ON PRICING; LOSS OF ACTUAL OR ANTICIPATED PROFITS; LOSS OF CONTRACTS; LOSS OF THE SOFTWAREUSE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, INCLUDING AVEVA LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL OR INDIRECT LOSS OR SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGESPUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING, FOR THE AVOIDANCE OF DOUBT, WHERE SUCH LOSS OR DAMAGE IS ALSO OF PROFITSA CATEGORY OF LOSS OR DAMAGE ALREADY LISTED), BUSINESSWHETHER FORESEEABLE OR UNFORESEEABLE, GOODWILL, REVENUE, DATA OR USE, INCURRED BASED ON CLAIMS BY LICENSEE CUSTOMER OR ANY THIRD PARTYPARTY ARISING OUT OF ANY BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY CONDITIONS OR OTHER TERM, WHETHER BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, OTHER LIABILITY IN AN ACTION IN CONTRACT OR TORT, EVEN IF AVEVA HAS BEEN ADVISED FAILURE OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A ANY REMEDY SET FORTH IN THIS XXXX IS FOUND TO HAVE FAILED OF ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. NOTWITHSTANDING ANYTHING AZ SELLER IS NOT LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR THE CONTRARY IN THIS XXXXFAILURE OF A PERSON TO ENTER INTO A TRANSACTION BY MEANS OF CUSTOMER’S USE OF THE SERVICES, AVEVA’S LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER TECHNOLOGY, ANY MODULE (OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACT, TORT OTHER SOFTWARE LICENSED) OR OTHERWISE OR WHETHER RELATED TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT THE SERVICES) WILL IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES PAID TO AVEVA UNDER THIS XXXX IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING A CLAIM. LICENSEE ACKNOWLEDGES THAT AVEVA’S PRICING REFLECTS THE ALLOCATION OF RISKS, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION OF LIABILITY HEREUNDER.

Liability Limitations. NOTWITHSTANDING REGARDLESS OF WHETHER ANY PROVISION REMEDY SET FORTH HEREIN FAILS OF THIS XXXX TO THE CONTRARYITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT WILL AVEVA, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION MJF OR DELIVERY OF THE SOFTWARE, INCLUDING AVEVA LICENSORSITS VENDORS, BE LIABLE TO LICENSEE OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE INCIDENTAL OR CONSEQUENTIAL DAMAGESDAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE MJF PROPRIETARY INFORMATION, DATA, AND/OR DAMAGES FOR LOSS OF PROFITS, BUSINESS, GOODWILL, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORTAPIs, EVEN IF AVEVA MJF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND EVEN IF A REMEDY SET FORTH IN THIS XXXX IS FOUND TO HAVE FAILED WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF MJF AND ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXXAFFILIATES AND ITS AND THEIR LICENSORS, AVEVA’S LIABILITY SUPPLIERS, SERVICE PROVIDERS, BUSINESS PARTNERS AND CUSTOMERS FOR DAMAGES ANY DAMAGES, LOSSES AND EXPENSES HEREUNDER OR RELATING HERETO (CAUSES OF ACTION, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY OR OTHERWISE OTHERWISE, IN CONNECTION WITH THE PROPRIETARY INFORMATION, MJF DATA, APIS, API KEYS, API MATERIALS, DATA OR WHETHER RELATED THIS AGREEMENT, WILL BE LIMITED TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICES) WILL IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES TOTAL AMOUNTS PAID TO AVEVA UNDER THIS XXXX IN BY LICENSEE DURING THE THREE (3) TWELVE MONTH PERIOD IMMEDIATELY PRECEDING A THE EVENTS GIVING RISE TO SUCH LIABILITY. ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. LICENSEE ACKNOWLEDGES THAT AVEVAIN ADDITION, MJF DISCLAIMS ALL LIABILITY OF ANY KIND OF MJF’S PRICING REFLECTS THE ALLOCATION OF RISKS, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION OF LIABILITY HEREUNDERVENDORS.

Liability Limitations. NOTWITHSTANDING ANY PROVISION OF THIS XXXX TO THE CONTRARY, IN NO EVENT WILL AVEVA, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, INCLUDING AVEVA LICENSORS, BELL SHALL NOT BE LIABLE FOR ANY (A) DAMAGES, CLAIMS, LOSSES, INJURIES, TAXES, EXPENSES OR COSTS (“DAMAGES”) ARISING OUT OF ANY ERRORS, UNAVAILABILITY OR INTERRUPTIONS IN CONNECTION WITH ANY BELL SERVICES OR ANY ACTUAL OR MISSED INSTALLATION APPOINTMENTS; AND/OR (B) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL INCIDENTAL DAMAGES OF ANY KIND OR FOR ANY REASON WHATSOEVER. SUBJECT TO ANY OTHER LIMITATION OR EXCLUSION OF LIABILITY CONTAINED IN THIS AGREEMENT, XXXX'X CUMULATIVE LIABILITY TO YOU FOR ALL BELL SERVICES PROVIDED HEREUNDER FOR DAMAGES, OR INCLUDING DAMAGES FOR LOSS ARISING FROM XXXX’X NEGLIGENCE, BREACH OF PROFITS, BUSINESS, GOODWILL, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF AVEVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IN THIS XXXX IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXX, AVEVA’S LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE OR WHETHER RELATED OTHER CAUSES OF ACTION, INLUDING FUNDAMENTAL BREACH, SHALL NOT EXCEED AN AMOUNT EQUAL TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICESTHE TOTAL AGGREGATE MONTHLY FEES (LESS ALL DISCOUNTS, INCENTIVES, PROMOTIONS AND CREDITS) WILL IN NO EVENT EXCEED PAID BY YOU FOR THE AMOUNT OF LICENSE FEES PAID SPECIFIC BELL SERVICE(S) THAT GAVE RISE TO AVEVA UNDER THIS XXXX IN THE THREE (3) DAMAGES DURING THE 1 MONTH PERIOD IMMEDIATELY PRECEDING BEFORE THE EVENT GIVING RISE TO THE DAMAGES, LESS AMOUNTS PAID (IF ANY) FOR PREVIOUS CLAIMS FOR SUCH BELL SERVICE. BELL SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY CONTENT, APPLICATIONS OR SERVICES PROVIDED TO YOU BY A CLAIMTHIRD-PARTY FOR USE WITH ANY BELL SERVICES EVEN IF BELL IS BILLING AND COLLECTING FEES ON BEHALF OF SUCH A THIRD- PARTY. LICENSEE ACKNOWLEDGES THAT AVEVA’S PRICING REFLECTS THE ALLOCATION OF RISKSWithout limiting the generality of the foregoing, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION OF LIABILITY HEREUNDERBell is not liable for (a) any act or omissions of a telecommunications carrier whose facilities are used in establishing connections to points which Bell does not directly serve; (b) defamation, trademark, copyright, or any intellectual property right infringement arising from material transmitted or received over Xxxx’x facilities or claims based on a contention that the use of equipment through your account infringes the intellectual property rights of a third-party; or (c) infringement of any intellectual property right arising from combining or using non-Bell Equipment and facilities with Bell Services.

Liability Limitations. NOTWITHSTANDING ANY PROVISION OF THIS XXXX TO THE CONTRARY, IN NO EVENT WILL AVEVAINVENSYS, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, INCLUDING AVEVA INVENSYS LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, BUSINESS, GOODWILL, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF AVEVA INVENSYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IN THIS XXXX IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXX, AVEVA’S INVENSYS’ LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE OR WHETHER RELATED TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICES) WILL IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES PAID TO AVEVA INVENSYS UNDER THIS XXXX IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING A CLAIM. LICENSEE ACKNOWLEDGES THAT AVEVA’S INVENSYS’ PRICING REFLECTS THE ALLOCATION OF RISKS, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION OF LIABILITY HEREUNDER.

Liability Limitations. NOTWITHSTANDING ANY PROVISION NEITHER PARTY (INCLUDING, IN THE CASE OF THIS XXXX XXX, ITS AFFILIATES, AND ITS THIRD PARTIES, INCLUDING ALL THIRD PARTY LICENSORS) WILL BE LIABLE TO THE CONTRARY, IN NO EVENT WILL AVEVA, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, INCLUDING AVEVA LICENSORS, BE LIABLE OTHER PARTY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, SPECIALMULTIPLE, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL DAMAGESDAMAGES (INCLUDING ANY DAMAGES RESULTING FROM ANY LOSS OF USE, OR DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, BUSINESS, GOODWILL, REVENUE, DATA LOSS OF BUSINESS OR USE, INCURRED BY LICENSEE OTHER ECONOMIC LOSS) ARISING OUT OF OR IN CONNECTION WITH THE APPLICABLE ORDER FORM OR THE USE OF ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORTXXX PRODUCT, EVEN IF AVEVA SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, THE AGGREGATE LIABILITY UNDER EACH ORDER FORM OF COX, ITS AFFILIATES AND ITS THIRD PARTIES (INCLUDING ALL THIRD PARTY LICENSORS), ON THE ONE HAND, AND CUSTOMER AND CUSTOMER REPRESENTATIVES, ON THE OTHER HAND, WILL BE EXPRESSLY LIMITED TO AN AMOUNT EQUAL TO THE AMOUNT PAID BY CUSTOMER TO XXX (IN THE CASE OF XXX LIABILITY) OR THE AMOUNT PAID OR PAYABLE BY CUSTOMER (IN THE CASE OF CUSTOMER LIABILITY) FOR THE AFFECTED XXX PRODUCT UNDER THE APPLICABLE ORDER FORM IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE FOREGOING LIMITATIONS OF LIABILITY WILL NOT APPLY TO (A) A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 10 (INDEMNIFICATION); (B) DAMAGES AND EVEN IF LOSSES RESULTING FROM CUSTOMER’S BREACH OF THE RESTRICTIONS IN SECTION 4 (USE RESTRICTIONS), OR (C) A REMEDY SET FORTH IN THIS XXXX IS FOUND PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, INCLUDING WITH RESPECT TO HAVE FAILED A PARTY’S BREACH OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXX, AVEVA’S LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER SECTION 7 (CONFIDENTIAL INFORMATION) OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE OR WHETHER RELATED TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICES) WILL IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES PAID TO AVEVA UNDER THIS XXXX IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING A CLAIM. LICENSEE ACKNOWLEDGES THAT AVEVA’S PRICING REFLECTS THE ALLOCATION OF RISKS, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION OF LIABILITY HEREUNDERAPPLICABLE PRIVACY LAWS.

Liability Limitations. NOTWITHSTANDING UNDER NO CIRCUMSTANCES WILL SIGMAFLOW OR ITS AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY PROVISION CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS BY CUSTOMER OR ANY THIRD PARTY (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF THIS XXXX DATA, GOODWILL, PROFITS, USE OF MONEY OR USE OF THE PRODUCTS, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, BREACH OF ANY INTELLECTUAL PROPERTY RIGHT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EXCEPT ONLY IN THE CASE OF PERSONAL INJURY WHERE AND TO THE CONTRARY, EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. IN NO EVENT WILL AVEVA, NOR ANYONE ELSE WHO HAS BEEN INVOLVED THE AGGREGATE LIABILITY INCURRED IN THE CREATION, PRODUCTION ANY ACTION OR DELIVERY OF THE SOFTWARE, INCLUDING AVEVA LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE PROCEEDING BY SIGMAFLOW OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, BUSINESS, GOODWILL, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF AVEVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IN THIS XXXX IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXX, AVEVA’S LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE OR WHETHER RELATED TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICES) WILL IN NO EVENT AUTHORIZED REPRESENTATIVE EXCEED THE TOTAL AMOUNT OF LICENSE FEES ACTUALLY PAID TO AVEVA UNDER THIS XXXX IN BY CUSTOMER FOR THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING A CLAIM. LICENSEE ACKNOWLEDGES SPECIFIC LICENSED MATERIAL THAT AVEVA’S PRICING REFLECTS DIRECTLY CAUSED THE ALLOCATION OF RISKS, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION OF LIABILITY HEREUNDERDAMAGE.

Liability Limitations. NOTWITHSTANDING ANY PROVISION OF THIS XXXX TO THE CONTRARY, IN NO EVENT WILL AVEVA, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, INCLUDING AVEVA LICENSORS, BELL SHALL NOT BE LIABLE FOR ANY (A) DAMAGES, CLAIMS, LOSSES, INJURIES, TAXES, EXPENSES OR COSTS (“DAMAGES”) ARISING OUT OF ANY ERRORS, UNAVAILABILITY OR INTERRUPTIONS IN CONNECTION WITH ANY BELL SERVICES OR ANY ACTUAL OR MISSED INSTALLATION APPOINTMENTS; AND/OR (B) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL INCIDENTAL DAMAGES OF ANY KIND OR FOR ANY REASON WHATSOEVER. SUBJECT TO ANY OTHER LIMITATION OR EXCLUSION OF LIABILITY CONTAINED IN THIS AGREEMENT, XXXX'X CUMULATIVE LIABILITY TO YOU FOR ALL BELL SERVICES PROVIDED HEREUNDER FOR DAMAGES, OR INCLUDING DAMAGES FOR LOSS ARISING FROM XXXX’X NEGLIGENCE, BREACH OF PROFITS, BUSINESS, GOODWILL, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF AVEVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IN THIS XXXX IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXX, AVEVA’S LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE OR WHETHER RELATED OTHER CAUSES OF ACTION, INLUDING FUNDAMENTAL BREACH, SHALL NOT EXCEED AN AMOUNT EQUAL TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICESTHE TOTAL AGGREGATE MONTHLY FEES (LESS ALL DISCOUNTS, INCENTIVES, PROMOTIONS AND CREDITS) WILL IN NO EVENT EXCEED PAID BY YOU FOR THE AMOUNT OF LICENSE FEES PAID SPECIFIC BELL SERVICE(S) THAT GAVE RISE TO AVEVA UNDER THIS XXXX IN THE THREE (3) DAMAGES DURING THE 1 MONTH PERIOD IMMEDIATELY PRECEDING BEFORE THE EVENT GIVING RISE TO THE DAMAGES, LESS AMOUNTS PAID (IF ANY) FOR PREVIOUS CLAIMS FOR SUCH BELL SERVICE. BELL SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY CONTENT, APPLICATIONS OR SERVICES PROVIDED TO YOU BY A CLAIMTHIRD-PARTY FOR USE WITH ANY BELL SERVICES EVEN IF BELL IS BILLING AND COLLECTING FEES ON BEHALF OF SUCH A THIRD-PARTY. LICENSEE ACKNOWLEDGES THAT AVEVA’S PRICING REFLECTS THE ALLOCATION OF RISKSWithout limiting the generality of the foregoing, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION OF LIABILITY HEREUNDERBell is not liable for (a) any act or omissions of a telecommunications carrier whose facilities are used in establishing connections to points which Bell does not directly serve; (b) defamation, trademark, copyright, or any intellectual property right infringement arising from material transmitted or received over Xxxx’x facilities or claims based on a contention that the use of equipment through your account infringes the intellectual property rights of a third-party; or (c) infringement of any intellectual property right arising from combining or using non-Xxxx Equipment and facilities with Bell Services.

Liability Limitations. NOTWITHSTANDING EXCEPT AS MAY OTHERWISE BE PROVIDED HEREIN, BSLD (INCLUDING ITS SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS AND ASSIGNS) MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY PROVISION WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO SERVICES OR PRODUCTS PROVIDED PURSUANT TO THIS XXXX TO THE CONTRARY, IN NO EVENT WILL AVEVA, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, INCLUDING AVEVA LICENSORS, AGREEMENT. BSLD SHALL NOT BE LIABLE FOR ANY INDIRECTSERVICE IMPAIRMENTS CAUSED BY ACTS WITHIN THE CONTROL OF CUSTOMER, INCIDENTALITS AGENTS, SPECIALEMPLOYEES OR LICENSEES OR INTEROPERABILITY OF SPECIFIC CUSTOMER APPLICATIONS. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE CONTENT OF COMMUNICATIONS TRANSMITTED BY CUSTOMER USING THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT. BSLD SHALL HAVE NO LIABILITY TO CUSTOMER FOR DAMAGES CAUSED BY ACTS OR EVENTS BEYOND BSLD'S CONTROL, PUNITIVE INCLUDING THE ACTS OR CONSEQUENTIAL DAMAGES, OMISSIONS OF OTHER TELECOMMUNICATIONS SERVICES OR DAMAGES FOR LOSS OF PROFITS, BUSINESS, GOODWILL, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF AVEVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IN THIS XXXX IS FOUND TO INTERCONNECTION WITH OTHER SERVICES PROVIDERS. BSLD SHALL HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXX, AVEVA’S NO LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER CAUSED BY CUSTOMER'S FAILURE TO PERFORM ITS RESPONSIBILITIES UNDER THIS AGREEMENT OR RELATING HERETO THE ANNEXES HERETO, OR FOR THE ACT OF THIRD PARTIES (WHETHER INCLUDING BUT NOT LIMITED TO CUSTOMER'S END-USERS). BSLD DOES NOT GUARANTEE OR MAKE ANY WARRANTY WITH RESPECT TO THE SERVICES PROVIDED BY BSLD WHEN SUCH SERVICES ARE USED IN AN ACTION EXPLOSIVE ATMOSPHERE. BSLD SHALL BE INDEMNIFIED, DEFENDED, AND HELD HARMLESS BY CUSTOMER AGAINST ALL CLAIMS, LOSSES, OR DAMAGES, BY ANY PERSON RELATING TO THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT OR THE ANNEXES HERETO WHEN USED IN AN EXPLOSIVE ATMOSPHERE. IN ALL OTHER RESPECT, BSLD'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDIES AGAINST BSLD FOR ANY DAMAGES ARISING FROM ANY ACT OR OMISSION RELATING TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE SHALL BE LIMITED TO THE FOLLOWING: BSLD Proprietary Information RESTRICTED o ACTS OR WHETHER RELATED OMISSIONS. BSLD'S LIABILITY TO PARTICULAR SOFTWARE CUSTOMER ON ACCOUNT OF ANY ACTS OR SOFTWARE SUPPORT SERVICES) WILL IN NO EVENT OMISSIONS RELATING TO THIS AGREEMENT OR THE ANNEXES HERETO SHALL BE LIMITED TO [*]. o SERVICE IMPAIRMENT. BSLD'S LIABILITY FOR SERVICE IMPAIRMENTS SHALL NOT EXCEED THE AN AMOUNT OF LICENSE FEES PAID EQUAL TO AVEVA UNDER THIS XXXX [*]. o PROPERTY DAMAGES. BSLD'S LIABILITY TO CUSTOMER FOR DAMAGES TO REAL OR TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY BSLD'S NEGLIGENCE IN THE THREE COURSE OF ITS PERFORMANCE OF THIS AGREEMENT SHALL BE LIMITED TO CUSTOMER'S PROVEN DAMAGES OF SUCH PROPERTY. o PERSONAL INJURY OR DEATH. BSLD'S LIABILITY TO CUSTOMER FOR BODILY INJURY OR DEATH TO ANY PERSON PROXIMATELY CAUSED BY BSLD NEGLIGENCE IN THE COURSE OF ITS PERFORMANCE OF THIS AGREEMENT SHALL BE LIMITED TO CUSTOMER'S PROVEN DAMAGES TO PERSON. o THIRD-PARTY PATENT INFRINGEMENT CLAIMS. NO LICENSE UNDER PATENTS (3OTHER THAN THE LIMITED LICENSE TO USE) MONTH PERIOD IMMEDIATELY PRECEDING A CLAIMIS GRANTED BY BSLD OR SHALL BE IMPLIED OR ARISE BY ESTOPPEL, WITH RESPECT TO ANY SERVICE OFFERED PURSUANT TO THIS AGREEMENT OR THE ANNEXES HERETO. LICENSEE ACKNOWLEDGES THAT AVEVA’S PRICING REFLECTS BSLD WILL DEFEND CUSTOMER AGAINST CLAIMS OF PATENT INFRINGEMENT ARISING SOLELY FROM THE ALLOCATION USE BY CUSTOMER OF RISKS, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS THE SERVICES PROVIDED BY BSLD PURSUANT TO THIS AGREEMENT OR ANY APPLICABLE TARIFF AND THE LIMITATION OF LIABILITY HEREUNDERWILL INDEMNIFY CUSTOMER FOR ANY DAMAGES AWARDED BASED ON SUCH CLAIMS.

Liability Limitations. NOTWITHSTANDING ANY PROVISION OF THIS XXXX TO THE CONTRARYEXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT WILL AVEVA, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN SHALL THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, INCLUDING AVEVA LICENSORS, AFM PARTIES BE LIABLE FOR ANY INDIRECTINJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGESDAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR DAMAGES FOR LOSS OF PROFITSOTHERWISE, BUSINESS, GOODWILL, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, AND EVEN IF AVEVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IN DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS XXXX IS FOUND TO HAVE FAILED AGREEMENT (INCLUDING ANY CHANGES THERETO), (2) ANY USE OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXXPORTAL, AVEVAOR OTHER AFM SITES, SERVICES, AFM’S LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER CONTENT, OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACTTHE USER CONTENT, TORT OR OTHERWISE OR WHETHER RELATED TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICES) WILL IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES PAID TO AVEVA UNDER THIS XXXX IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING A CLAIMANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF ANY OF THE PORTAL), OR (4) YOUR VISIT TO ANY HUNTING PROPERTY OR THE PERFORMANCE, NON‐PERFORMANCE, CONDUCT, OR POLICIES OF ANY AFM EMPLOYEE, CONTRACTOR, OR LANDOWNER IN CONNECTION WITH THE PORTAL. LICENSEE ACKNOWLEDGES IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT AVEVA’S PRICING REFLECTS ANY THIRD PARTY DIRECTING YOU TO THE ALLOCATION PORTAL BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF RISKS, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION OF LIABILITY HEREUNDERPORTAL OR AFM CONTENT.

Liability Limitations. NOTWITHSTANDING ANY PROVISION IF CUSTOMER SHOULD BECOME ENTITLED TO CLAIM DAMAGES FROM THE COMPANY (INCLUDING WITHOUT LIMITATION, FOR INDEMNITY, BREACH OF THIS XXXX CONTRACT, NEGLIGENCE, OR OTHER TORT CLAIM), THE COMPANY WILL BE LIABLE ONLY FOR THE AMOUNT OF CUSTOMER’S ACTUAL DIRECT DAMAGES UP TO THE CONTRARYAMOUNT THAT CUSTOMER PAID THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM. IN NO EVENT, HOWEVER, WILL EITHER PARTY (AND, IN NO EVENT WILL AVEVATHE CASE OF COMPANY, NOR ANYONE ELSE WHO HAS BEEN INVOLVED ITS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS) BE LIABLE TO THE OTHER OR ANY THIRD PARTY (AND, IN THE CREATIONCASE OF COMPANY, PRODUCTION OR DELIVERY OF ITS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS) IN THE SOFTWARE, INCLUDING AVEVA LICENSORS, BE LIABLE AGGREGATE FOR ANY INDIRECTLOST PROFITS, LOSS OF BUSINESS, USE, SALES, SAVINGS, OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, SPECIALINDIRECT, EXEMPLARY, OR PUNITIVE OR CONSEQUENTIAL DAMAGES, OF ANY KIND OR DAMAGES FOR LOSS NATURE RESULTING FROM OR ARISING OUT OF PROFITS, BUSINESS, GOODWILL, REVENUE, DATA THIS AGREEMENT OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, THE SERVICES. EVEN IF AVEVA THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY WITH RESPECT TO ANY VIOLATION OF EITHER PARTY’S INTELLECTUAL PROPERTY RIGHTS AS SET FORTH HEREIN. COMPANY IS NOT AN INSURER WITH REGARD TO PERFORMANCE OF THE SERVICES. CUSTOMER AGREES TO ASSUME THE RISK FOR: (A) ALL LIABILITIES DISCLAIMED BY COMPANY HEREIN, AND (B) ALL ALLEGED DAMAGES IN EXCESS OF THE AMOUNT OF THE LIMITED REMEDY PROVIDED HEREUNDER. THE ALLOCATIONS OF LIABILITY IN THIS XXXX IS FOUND SUBSECTION 9(D) REPRESENT THE AGREED, BARGAINED-FOR UNDERSTANDING OF THE PARTIES AND COMPANY’S COMPENSATION HEREUNDER REFLECTS SUCH ALLOCATIONS. THE LIMITATION OF LIABILITY AND TYPES OF DAMAGES STATED IN THIS AGREEMENT ARE INTENDED BY THE PARTIES TO HAVE FAILED APPLY REGARDLESS OF THE FORM OF LAWSUIT OR CLAIM A PARTY MAY BRING, WHETHER IN TORT, CONTRACT OR OTHERWISE, AND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO BECAUSE SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE CONTRARY EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS OR EXCLUSIONS IN THIS XXXX, AVEVA’S LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE OR WHETHER RELATED SECTION 9 MAY NOT APPLY TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICES) WILL IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES PAID TO AVEVA UNDER THIS XXXX IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING A CLAIM. LICENSEE ACKNOWLEDGES THAT AVEVA’S PRICING REFLECTS THE ALLOCATION OF RISKS, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION OF LIABILITY HEREUNDERYOU.

Liability Limitations. NOTWITHSTANDING ANY PROVISION OF THIS XXXX TO THE CONTRARY, IN NO EVENT WILL AVEVAEITHER PARTY, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, INCLUDING AVEVA XXXXXXXXX ELECTRIC LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, BUSINESS, GOODWILL, REVENUE, DATA OR USE, INCURRED BY LICENSEE THE OTHER PARTY OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF AVEVA THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IN THIS XXXX IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXX, AVEVAEITHER PARTY’S LIABILITY TO THE OTHER FOR DAMAGES AND EXPENSES HEREUNDER OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE OR WHETHER RELATED TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICES) WILL IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES PAID TO AVEVA XXXXXXXXX ELECTRIC UNDER THIS XXXX IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING A CLAIM. LICENSEE ACKNOWLEDGES THAT AVEVAXXXXXXXXX ELECTRIC’S PRICING REFLECTS THE ALLOCATION OF RISKS, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION OF LIABILITY HEREUNDER.

Liability Limitations. NOTWITHSTANDING ANY PROVISION OF THIS XXXX TO THE CONTRARY, IN NO EVENT WILL AVEVA, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, INCLUDING AVEVA LICENSORS, STAPLES SHALL NOT BE LIABLE FOR ANY (A) DAMAGES, CLAIMS, LOSSES, INJURIES, TAXES, EXPENSES OR COSTS (“DAMAGES”) ARISING OUT OF ANY ERRORS, UNAVAILABILITY OR INTERRUPTIONS IN CONNECTION WITH ANY STAPLES SERVICES OR ANY ACTUAL OR MISSED INSTALLATION APPOINTMENTS; AND/OR (B) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL INCIDENTAL DAMAGES OF ANY KIND OR FOR ANY REASON WHATSOEVER. SUBJECT TO ANY OTHER LIMITATION OR EXCLUSION OF LIABILITY CONTAINED IN THIS AGREEMENT, STAPLES‟ CUMULATIVE LIABILITY TO YOU FOR ALL STAPLES SERVICES PROVIDED HEREUNDER FOR DAMAGES, OR INCLUDING DAMAGES FOR LOSS ARISING FROM STAPLES‟ NEGLIGENCE, BREACH OF PROFITS, BUSINESS, GOODWILL, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF AVEVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IN THIS XXXX IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXX, AVEVA’S LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE OR WHETHER RELATED OTHER CAUSES OF ACTION, INLUDING FUNDAMENTAL BREACH, SHALL NOT EXCEED AN AMOUNT EQUAL TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICESTHE TOTAL AGGREGATE MONTHLY FEES (LESS ALL DISCOUNTS, INCENTIVES, PROMOTIONS AND CREDITS) WILL IN NO EVENT EXCEED PAID BY YOU FOR THE AMOUNT OF LICENSE FEES PAID SPECIFIC STAPLES SERVICE(S) THAT GAVE RISE TO AVEVA UNDER THIS XXXX IN THE THREE (3) DAMAGES DURING THE 1 MONTH PERIOD IMMEDIATELY PRECEDING BEFORE THE EVENT GIVING RISE TO THE DAMAGES, LESS AMOUNTS PAID (IF ANY) FOR PREVIOUS CLAIMS FOR SUCH STAPLES SERVICE. STAPLES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY CONTENT, APPLICATIONS OR SERVICES PROVIDED TO YOU BY A CLAIMTHIRD-PARTY FOR USE WITH ANY STAPLES SERVICES EVEN IF STAPLES IS BILLING AND COLLECTING FEES ON BEHALF OF SUCH A THIRD-PARTY. LICENSEE ACKNOWLEDGES THAT AVEVA’S PRICING REFLECTS THE ALLOCATION OF RISKSWithout limiting the generality of the foregoing, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION OF LIABILITY HEREUNDER.Staples is not liable for

Liability Limitations. NOTWITHSTANDING ANY PROVISION OF THIS XXXX TO WITH THE CONTRARY, IN NO EVENT WILL AVEVA, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY SOLE EXCEPTION OF THE SOFTWARELIMITED WARRANTY PROVIDED IN SECTION 8, INCLUDING AVEVA LICENSORSTHE SOFTWARE AND ALL SERVICES HEREUNDER ARE PROVIDED “AS IS”, BE LIABLE FOR WITHOUT WARRANTY OF ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, BUSINESS, GOODWILL, REVENUE, DATA OR USE, INCURRED BY LICENSEE KIND TO CUSTOMER OR ANY THIRD PARTY, WHETHER INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN ACTION UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN CONTRACT THE SOFTWARE WILL BE CORRECTED; OR TORT(VIII) THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. EFFORTS BY LICENSOR TO MODIFY THE SOFTWARE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. NEITHER LICENSOR NOR ANY OF ITS SUPPLIERS OR RESELLERS SHALL BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS OR REVENUE, LOSS OF USE, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, OR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS LICENSE OR OTHERWISE, EVEN IF AVEVA HAS BEEN LICENSOR OR ITS SUPPLIERS OR RESELLERS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS NEGLIGENT. IN ANY EVENT, LICENSOR’S SOLE AND EVEN EXCLUSIVE LIABILITY FOR BREACH OF THIS WARRANTY SHALL BE, AT LICENSOR’S SOLE DISCRETION, (A) REPLACEMENT OF SOFTWARE OR SERVICE IF A REMEDY SET FORTH IN THIS XXXX IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING AT ANY TIME THE SOFTWARE OR SERVICE DOES NOT CONFORM TO THE CONTRARY WARRANTY IN THIS XXXXSECTION 8 OR (B) A PRORATED REFUND. EXCEPT FOR LICENSOR’S INDEMNIFICATION OBLIGATIONS HEREUNDER, AVEVALICENSOR’S ENTIRE, CUMULATIVE LIABILITY FOR MONEY DAMAGES AND EXPENSES HEREUNDER ARISING OUT OF THIS AGREEMENT AND/OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE OR WHETHER RELATED TO PARTICULAR THE LICENSING OF THE SOFTWARE OR SOFTWARE SUPPORT SERVICES) WILL IN NO EVENT SHALL NOT EXCEED THE AMOUNT OF LICENSE THE FEES PAID TO AVEVA UNDER THIS XXXX IN BY CUSTOMER FOR THE SOFTWARE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY MONTHS PRECEDING A CLAIMTHE EVENT CAUSING LIABILITY. LICENSEE ACKNOWLEDGES THAT AVEVA’S PRICING REFLECTS THE ALLOCATION OF RISKSIn jurisdictions that prohibit the exclusion or limitation of liability for consequential or incidental damages, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION OF LIABILITY HEREUNDERLicensor’s liability is limited to the greatest extent permitted by law.

Liability Limitations. NOTWITHSTANDING ANY PROVISION OF THIS XXXX NEITHER PARTY (INCLUDING, ITS AFFILIATES, AND ITS THIRD PARTIES, INCLUDING ALL THIRD PARTY LICENSORS) WILL BE LIABLE TO THE CONTRARY, IN NO EVENT WILL AVEVA, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE, INCLUDING AVEVA LICENSORS, BE LIABLE OTHER PARTY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, SPECIALMULTIPLE, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL DAMAGESDAMAGES (INCLUDING ANY DAMAGES RESULTING FROM ANY LOSS OF USE, OR DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, BUSINESS, GOODWILL, REVENUE, DATA LOSS OF BUSINESS OR USE, INCURRED BY LICENSEE OTHER ECONOMIC LOSS) ARISING OUT OF OR IN CONNECTION WITH THE APPLICABLE ORDER FORM OR THE USE OF ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT COX PRODUCT OR TORTCOX SERVICE, EVEN IF AVEVA SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, THE AGGREGATE LIABILITY UNDER EACH ORDER FORM OF COX, ITS AFFILIATES AND ITS THIRD PARTIES (INCLUDING ALL THIRD PARTY LICENSORS), ON THE ONE HAND, AND CUSTOMER AND CUSTOMER REPRESENTATIVES, ON THE OTHER HAND, WILL BE EXPRESSLY LIMITED TO AN AMOUNT EQUAL TO THE GREATER OF (A) $3 MILLION, OR (B) AN AMOUNT EQUAL TO THE AMOUNT PAID BY CUSTOMER TO COX FOR THE AFFECTED COX PRODUCT OR COX SERVICE UNDER THE APPLICABLE ORDER FORM IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE FOREGOING LIMITATIONS OF LIABILITY WILL NOT APPLY TO: (A) DAMAGES AND EVEN IF A REMEDY SET FORTH IN THIS XXXX IS FOUND TO HAVE FAILED LOSSES RESULTING FROM CUSTOMER’S BREACH OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXXSECTION 4 (USE RESTRICTIONS), AVEVA’S LIABILITY FOR (B) DAMAGES AND EXPENSES HEREUNDER OR RELATING HERETO LOSSES RESULTING FROM A PARTY’S BREACH OF SECTION 6 (WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE OR WHETHER RELATED TO PARTICULAR SOFTWARE OR SOFTWARE SUPPORT SERVICES) WILL IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES PAID TO AVEVA UNDER THIS XXXX IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING A CLAIM. LICENSEE ACKNOWLEDGES THAT AVEVA’S PRICING REFLECTS THE ALLOCATION OF RISKS, OWNERSHIP OF INTELLECTUAL PROPERTY PROPRIETARY RIGHTS AND THE LIMITATION LICENSES), (C) DAMAGES AND LOSSES RESULTING FROM A PARTY’S BREACH OF LIABILITY HEREUNDERSECTION 7 (CONFIDENTIALITY), (D) A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 9 (INDEMNIFICATION), OR (E) DAMAGES AND LOSSES RESULTING FROM A PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR INTENTIONAL ACTS.

Liability Limitations. NOTWITHSTANDING ANY PROVISION OF THIS XXXX TO THE CONTRARYEXCEPT FOR LIABILITY ARISING FROM: (i) CONFIDENTIALITY OBLIGATIONS FOR BOTH PARTIES AS SET FORTH IN SECTION 8.1 BELOW; (ii) CUSTOMER’S OBLIGATIONS AS CONTAINED IN SECTION 2 AND SECTION 3; AND (iii) QCSI’S INDEMNITY OBLIGATIONS AS SET FORTH IN SECTION 7 BELOW, IN NO EVENT WILL AVEVASHALL EITHER CUSTOMER OR QCSI BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, NOR ANYONE ELSE WHO HAS BEEN INVOLVED LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF RECREATING LOST DATA, COST OF COVER OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE CREATIONFURNISHING, PRODUCTION PERFORMANCE OR DELIVERY USE OF THE SOFTWARE, INCLUDING AVEVA LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGESMAINTENANCE AND SUPPORT, OR DAMAGES FOR LOSS OF PROFITS, BUSINESS, GOODWILL, REVENUE, DATA OTHER ITEMS OR USE, INCURRED BY LICENSEE SERVICES PROVIDED HEREUNDER OR ANY THIRD PARTYDELAY IN DELIVERY OR FURNISHING THE SOFTWARE, WHETHER IN AN ACTION IN CONTRACT MAINTENANCE AND SUPPORT, OR TORT, SAID ITEMS OR SERVICES EVEN IF AVEVA THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES. NOTWITHSTANDING ANY TERM OF THIS AGREEMENT AND EVEN IF A REMEDY Perpetual Software License And Maintenance Agreement QCSI Page 10 EXCEPT FOR LIABILITY ARISING FROM: (i) CONFIDENTIALITY OBLIGATIONS FOR BOTH PARTIES AS SET FORTH IN THIS XXXX IS FOUND TO HAVE FAILED SECTION 8.1 BELOW; ii) CUSTOMER’S OBLIGATIONS AS CONTAINED IN SECTION 2, SECTION 3, AND SECTION 4; AND (iii) QCSI’S INDEMNITY OBLIGATIONS AS SET FORTH IN SECTION 7 BELOW, EACH OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXX, AVEVACUSTOMER’S AND QCSI’S MAXIMUM AGGREGATE LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER OR RELATING HERETO (WHETHER IN AN ACTION CONTRACT OR IN CONTRACT, TORT OR OTHERWISE UNDER ANY OTHER FORM OF LIABILITY) FOR DAMAGES OR WHETHER RELATED TO PARTICULAR SOFTWARE LOSS, HOWSOEVER ARISING OR SOFTWARE SUPPORT SERVICES) WILL CAUSED, SHALL IN NO EVENT EXCEED BE GREATER THAN THE AMOUNT OF THE LICENSE FEES FEES, THE MAINTENANCE AND SUPPORT FEES, AND, IF ANY, THE AMOUNTS FOR PROFESSIONAL SERVICES UNDER SEPARATE PROFESSIONAL SERVICES AGREEMENT(S) BY AND BETWEEN THE PARTIES PAID TO AVEVA UNDER THIS XXXX IN QCSI BY TS DURING THE THREE LAST TWELVE (312) MONTH PERIOD IMMEDIATELY PRECEDING A CLAIMMONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO SUCH LIABILITY. LICENSEE ACKNOWLEDGES THAT AVEVA’S PRICING REFLECTS THE ALLOCATION THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF RISKS, OWNERSHIP ESSENTIAL PURPOSE OF INTELLECTUAL PROPERTY RIGHTS AND THE LIMITATION OF LIABILITY HEREUNDERANY LIMITED REMEDY.