Common use of LIMITATION AND EXCLUSION OF LIABILITY Clause in Contracts

LIMITATION AND EXCLUSION OF LIABILITY. 11.1 NEITHER PARTY'S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU TO US UNDER THE ORDER FORM GIVING RISE TO THE LIABILITY IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US UNDER THIS AGREEMENT. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT, STRICT LIABILITY OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION 6 (FEES AND PAYMENT FOR SAGE SERVICES). 11.2 IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY DAMAGE CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS, LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. 11.3 NOTHING IN THIS SECTION 11 SHALL BE DEEMED TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW.

LIMITATION AND EXCLUSION OF LIABILITY. 11.1 5.1. Limitations. IN NO EVENT SHALL XXXXXXX TECHNOLOGY SERVICES OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER PARTY'S XXXXXXX TEHNOLOGY SERVICES NOR ITS SUPPLIERS SHALL HAVE LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU TO US UNDER THE ORDER FORM GIVING RISE TO THE LIABILITY IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US XXXXXXX TECHNOLOGY SERVICES’ OBLIGATIONS UNDER THIS AGREEMENT. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACTCONTRACT OR OTHERWISE FOR CONSEQUENTIAL, STRICT LIABILITY OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION 6 (FEES AND PAYMENT FOR SAGE SERVICES). 11.2 IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY DAMAGE CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS, LOST PROFITS, REVENUES OR INDIRECTEXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, DAMAGES EVEN IF A PARTY XXXXXXX TECHNOLOGY SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE FOREGOING DISCLAIMER WILL NOT APPLY LIABILITY OF XXXXXXX TECHNOLOGY SERVICES AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE EXTENT PROHIBITED AMOUNT ACTUALLY PAID TO XXXXXXX TECHNOLOGY SERVICES BY LAW. 11.3 NOTHING YOU UNDER THIS CONTRACT DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY XXXXXXX TECHNOLOGY SERVICES HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE XXXXXXX TECHNOLOGY SERVICES AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 11 SHALL BE DEEMED TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAWSECTION.

LIMITATION AND EXCLUSION OF LIABILITY. 11.1 NEITHER PARTY'S 12.1 Notwithstanding any other provision to the contrary in this Agreement, except for restitutionary remedies at law or under this Agreement to the maximum extent permitted by law: a. the maximum cumulative liability of each Party for all or any loss or damage whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, regardless of the number of events giving rise to liability, shall be limited to a sum equivalent to the amounts actually received by Service Provider; and b. ANY LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU TO US UNDER THE ORDER FORM GIVING RISE TO THE LIABILITY IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US UNDER THIS AGREEMENT. THE ABOVE LIMITATIONS WILL APPLY , WHETHER AN ACTION IS IN CONTRACT, STRICT LIABILITY TORT (INCLUDING NEGLIGENCE OR TORT AND REGARDLESS BREACH OF THE THEORY STATUTORY DUTY) OR ANY OTHER CAUSE OF LIABILITY. HOWEVERACTION, THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION 6 (FEES AND PAYMENT FOR SAGE SERVICES). 11.2 IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY DAMAGE CAUSED BY LOSS OF PROFIT, BUSINESS, CONTRACTS, REVENUES, OR ANTICIPATED SAVINGS, ANY THIRD-PARTY HOSTING PROVIDERS, LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIALINDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, COVER AND ANY LOSS OF USE, LOSS OF REPUTATION OR PUNITIVE DAMAGESGOODWILL, LOSS OF CUSTOM OR CUSTOMER RELATIONSHIPS OR LOST DATA OR BUSINESS INTERRUPTION WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS ARISING OUT OF THE THEORY ACCESS TO, USE OF LIABILITYOR INABILITY TO ACCESS OR USE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY WEB SITE O ANY ERRORS OR OMISSIONS IN ITS CONTENT, INCLUDING DAMAGE TO THE CLIENT’S HARDWARE OR SOFTWARE SYSTEMS, IS HEREBY EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PROHIBITED PERMITTED BY LAW. 11.3 NOTHING IN THIS SECTION 11 SHALL BE DEEMED TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW12.2 The aforesaid limitations have been determined by the Parties to be reasonable limitations due to the potential for controversy, the difficulty of economic analysis of relevant loss, damages or liability, and that fact that, at the time of entering into the Agreement, it is not possible to foresee and provide in the Agreement (in particular by way of adjustments to the Fees payable) for all contingencies which may give rise to loss, damage or liability.

LIMITATION AND EXCLUSION OF LIABILITY. 11.1 NEITHER PARTY'S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU TO US UNDER THE ORDER FORM GIVING RISE TO THE LIABILITY IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENTMAXIMUM EXTENT PERMITTED BY LAW, PROVIDED THAT IN NO EVENT WILL EITHER PARTYHYBRID’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO IN CONNECTION WITH THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US OR ANY PRODUCT OR SERVICE PROCURED UNDER THIS AGREEMENT. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT, STRICT LIABILITY OR TORT AND REGARDLESS OF LEGAL THEORY AND FOR ALL CLAIMS IN AGGREGATE, EXCEED THE THEORY OF PRICE PAID BY CUSTOMER UNDER THE AGREEMENT TO HYBRID DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT THAT FIRST GAVE RISE TO THE LIABILITY. HOWEVERTO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION 6 (FEES AND PAYMENT FOR SAGE SERVICES). 11.2 IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY HYBRID, REGARDLESS OF LEGAL THEORY, BE LIABLE FOR ANY DAMAGE CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS, LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE CONSEQUENTIAL DAMAGES, WHETHER AN ACTION IS SUCH AS BUT NOT LIMITED TO ANY LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, OR ANY OTHER CLAIMS BY A THIRD PARTY, ARISING OUT OF OR IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITYCONNECTION WITH THIS AGREEMENT, EVEN IF A PARTY HYBRID REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. 11.3 NOTHING CONTAINED IN THIS AGREEMENT LIMITS PARTIES LIABILITY IN THE EVENT OF DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE OR FOR THE TORT OF DECEIT (FRAUD), A BREACH OF SECTION 11 SHALL BE DEEMED TO EXCLUDE 8 (CONFIDENTIALITY), OR LIMIT ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. EXCEPT FOR CUSTOMER’S BREACH OF HYBRID’S INTELLECTUAL OR LIMITED AS PROPRIETARY RIGHTS? NEITHER PARTY MAY BRING A MATTER CLAIM UNDER THESE TERMS OF LAWSALE MORE THAN TWELVE (12) MONTHS AFTER THE EVENT THAT LED TO THE CREATION OF THE ACTION OR CLAIM. EACH PARTY ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY STATED IN THIS SECTION 15 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES UNDER THIS AGREEMENT AND THAT IN THE ABSENCE OF THOSE LIMITATIONS OF LIABILITY, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENT.

LIMITATION AND EXCLUSION OF LIABILITY. 11.1 Limitations. IN NO EVENT WILL Oracast OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER PARTY'S Oracast NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU TO US UNDER THE ORDER FORM GIVING RISE TO THE LIABILITY IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTYORACAST’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US OBLIGATIONS UNDER THIS AGREEMENT. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT, STRICT LIABILITY OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVEROTHERWISE FOR CONSEQUENTIAL, THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION 6 (FEES AND PAYMENT FOR SAGE SERVICES). 11.2 IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY DAMAGE CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS, LOST PROFITS, REVENUES OR INDIRECTEXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, DAMAGES EVEN IF A PARTY Oracast HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH THESE DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY LIABILITY OF Oracast AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED TO THE EXTENT PROHIBITED AMOUNT YOU ACTUALLY PAID TO Oracast UNDER THIS AGREEMENT DURING THE 3 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY LAW. 11.3 NOTHING Oracast UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU RELEASE Oracast AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 11 SHALL BE DEEMED TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW6.1.

LIMITATION AND EXCLUSION OF LIABILITY. 11.1 NEITHER PARTY'S 6.1. SAGE’S TOTAL AGGREGATE LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT YOU ARISING OUT OF OR RELATED TO IN CONNECTION WITH SAGE BANK FEEDS AND/OR THIS AGREEMENT PART A OF SCHEDULE 1 WILL EXCEED THE AMOUNT PAID BY YOU TO US UNDER THE ORDER FORM GIVING RISE TO THE LIABILITY IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US UNDER THIS AGREEMENTSUM OF £500 (FIVE HUNDRED POUNDS STERLING). THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT, STRICT LIABILITY OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION 6 (FEES AND PAYMENT FOR SAGE SERVICES). 11.2 6.2. IN NO EVENT WILL EITHER PARTY SAGE HAVE ANY LIABILITY TO THE OTHER PARTY YOU FOR ANY DAMAGE CAUSED BY ANY THIRD PARTY (INCLUDING A BANK), THIRD-PARTY HOSTING PROVIDERS, LOST PROFITS, REVENUES OR (SUBJECT TO SECTION 6.3 BELOW) LOSS OF OR DAMAGE TO DATA, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY SAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. 11.3 6.3. IN THE EVENT OF A LOSS OF OR DAMAGE TO YOUR BANK FEEDS CUSTOMER DATA CAUSED BY US WE AGREE TO TAKE REASONABLE STEPS TO RESTORE THE LOST OR DAMAGED DATA AS SOON AS REASONABLY PRACTICABLE HAVING REGARD TO THE NATURE OF THE LOSS OR DAMAGE AND ALL THE CIRCUMSTANCES. 6.4. YOU AND WE EACH AGREE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION 6 ARE FAIR AND REASONABLE HAVING REGARD IN PARTICULAR TO THE NATURE OF SAGE BANK FEEDS, THE FACT THAT WE HAVE NOT DEVELOPED SAGE BANK FEEDS SPECIFICALLY FOR YOU, THE ALTERNATIVE AVAILABLE COMPETITOR OPTIONS IN THE MARKET, THE FACT THAT IT IS NOT ECONOMICALLY POSSIBLE FOR US TO CARRY OUT ALL THE TESTS NECESSARY TO MAKE SURE THERE ARE NO PROBLEMS WITH SAGE BANK FEEDS AND THAT SAGE BANK FEEDS IS A FREE OF CHARGE SERVICE. 6.5. NOTHING IN THIS SECTION 11 6 SHALL BE DEEMED TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW.

LIMITATION AND EXCLUSION OF LIABILITY. 11.1 NEITHER 16.1 NOTHING IN THESE TERMS OF SALE LIMITS OR EXCLUDES THE LIABILITY OF: (A) EITHER PARTY TO THE OTHER FOR: (I) BODILY INJURY OR DEATH RESULTING DIRECTLY FROM THE NEGLIGENCE OF THE OTHER PARTY'S ; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) A BREACH OF SECTION 9.0 (CONFIDENTIAL INFORMATION); OR (IV) ANY LIABILITY WITH RESPECT THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. (B) CUSTOMER TO ANY SINGLE INCIDENT CISCO ARISING OUT OF: (I) CUSTOMER’S BREACH OF OR RELATED SECTION 7.0 (PROPRIETARY RIGHTS AND SOFTWARE LICENSING); (II) CUSTOMER’S BREACH OF THE END USER LICENSE AGREEMENT IN EXHIBIT A (XXXX); OR (III) ANY AMOUNTS DUE TO THIS AGREEMENT WILL EXCEED CISCO UNDER THESE TERMS OF SALE. 16.2 SUBJECT TO SECTION 16.1 ABOVE AND SECTION 16.3 BELOW, EACH PARTY’S TOTAL AGGREGATE LIABILITY IS LIMITED TO THE AMOUNT MONEY PAID BY YOU TO US CISCO UNDER THESE TERMS OF SALE DURING THE ORDER FORM GIVING TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT THAT FIRST GAVE RISE TO SUCH LIABILITY. 16.3 SUBJECT TO SECTION 16.1 ABOVE, AND NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF SALE TO THE LIABILITY CONTRARY, NEITHER PARTY WILL BE LIABLE FOR ANY: (A) SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES; (B) LOSS OF ANY OF THE FOLLOWING: PROFITS, REVENUE, BUSINESS, ANTICIPATED SAVINGS, USE OF ANY PRODUCT OR SERVICE, OPPORTUNITY, GOODWILL OR REPUTATION; OR (C) LOST OR DAMAGED DATA. 16.4 REFERENCES IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER THIS SECTION 16.0 TO (A) A “PARTY” INCLUDES A PARTY’S AGGREGATE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS AND (B) “LIABILITY” INCLUDES LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER THIS AGREEMENT. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACTANY INDEMNITY, STRICT LIABILITY OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVEROTHERWISE, THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION 6 (FEES AND PAYMENT FOR SAGE SERVICES). 11.2 IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY DAMAGE CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS, LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EACH CASE EVEN IF A PARTY HAS BEEN ADVISED INFORMED OF THE POSSIBILITY OF SUCH THAT LIABILITY. IN SECTION 16.3, REFERENCES TO “LOSS” REFERS TO ANY AND ALL KINDS OF LOSS OR DAMAGE INCLUDING, WITHOUT LIMITATION, ANY DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW, FINES, COSTS, CHARGES, FEES OR OTHER LIABILITY. 11.3 NOTHING IN THIS SECTION 11 SHALL BE DEEMED TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW.

LIMITATION AND EXCLUSION OF LIABILITY. 11.1 NEITHER 15.1 NOTHING IN THESE TERMS OF SALE EXCLUDES THE LIABILITY OF: (A) EITHER PARTY TO THE OTHER FOR: (I) BODILY INJURY OR DEATH RESULTING DIRECTLY FROM THE NEGLIGENCE OF THE OTHER PARTY'S ; (II) A BREACH OF SECTION 9.0 (CONFIDENTIAL INFORMATION); OR (III) ANY LIABILITY WITH RESPECT THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. (B) CUSTOMER TO ANY SINGLE INCIDENT ELECTRO ARISING OUT OF: (I) ANY AMOUNTS DUE OR OWING TO ELECTRO UNDER THE AGREEMENT AND THESE TERMS OF SALE. 15.2 SUBJECT TO SECTION 15.1 ABOVE AND SECTION 16.3 BELOW, EACH PARTY’S TOTAL AGGREGATE LIABILITY IS FOR ANY CLAIM, EXCEPT FOR THOSE CLAIMS BASED UPON A BREACH OF SECTION 9.0 (CONFIDENTIAL INFORMATION), IS LIMITED AND SHALL NOT EXCEED CUSTOMER’S PURCHASE PRICE FOR THE PRODUCT, SOFTWARE LICENSE AND SERVICE THAT GAVE RISE TO OR IS RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU SUCH CLAIM. 15.3 SUBJECT TO US UNDER THE ORDER FORM GIVING RISE SECTION 15.1 ABOVE, AND NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF SALE TO THE LIABILITY CONTRARY, NEITHER PARTY WILL BE LIABLE FOR ANY: (i) SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES; (ii) LOSS OF ANY OF THE FOLLOWING: PROFITS, REVENUE, BUSINESS, ANTICIPATED SAVINGS, USE OF ANY PRODUCT OR SERVICE, OPPORTUNITY, GOODWILL OR REPUTATION; 15.4 REFERENCES IN SECTION 15 TO (A) A “PARTY” INCLUDES ELECTRO, THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENTCUSTOMER, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, S U C E S S O R S I N I N T E R E S T A N D P E R M I T T E D A S S I G N E E S (B) “LIABILITY” INCLUDES LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER THIS AGREEMENT. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACTANY INDEMNITY, STRICT LIABILITY OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVEROTHERWISE, THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION 6 (FEES AND PAYMENT FOR SAGE SERVICES). 11.2 IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY DAMAGE CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS, LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EACH CASE EVEN IF A PARTY HAS BEEN ADVISED INFORMED OF THE POSSIBILITY OF SUCH THAT LIABILITY. IN SECTION 15.3, REFERENCES TO “LOSS” REFERS TO ANY AND ALL KINDS OF LOSS OR DAMAGE INCLUDING, WITHOUT LIMITATION, ANY DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW, FINES, COSTS, CHARGES, FEES OR OTHER LIABILITY. 11.3 NOTHING IN THIS SECTION 11 SHALL BE DEEMED TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW.

LIMITATION AND EXCLUSION OF LIABILITY. 11.1 NEITHER PARTY'S ’S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU TO US UNDER THE ORDER FORM GIVING RISE TO THE LIABILITY IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT AGREEME NT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US UNDER THIS AGREEMENT. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT, STRICT LIABILITY OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S ’S PAYMENT OBLIGATIONS UNDER SECTION 6 (FEES AND PAYMENT FOR SAGE SERVICESACCOUNTING). 11.2 IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY DAMAGE CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS, LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. 11.3 NOTHING IN THIS SECTION 11 SHALL BE DEEMED TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW.

LIMITATION AND EXCLUSION OF LIABILITY. 11.1 NEITHER PARTY'S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU TO US UNDER THE ORDER FORM GIVING RISE TO THE LIABILITY IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY14.1 SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED IN CONNECTION WITH THE TOTAL AMOUNT PAID BY YOU TO US UNDER THIS AGREEMENT. THE ABOVE LIMITATIONS WILL APPLY CONTRACT OR ANY BREACH THEREOF, WHETHER AN ACTION IS IN BASED ON CONTRACT, STRICT LIABILITY WARRANTY, TORT (INCLUDING NEGLIGENCE), INDEMNITY OR TORT AND REGARDLESS OTHERWISE, SHALL NOT EXCEED 10% OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION 6 (FEES AND PAYMENT FOR SAGE SERVICES)PRICE IN TOTAL. 11.2 14.2 IN NO CASE, SHALL THE BUYER BE ENTITLED TO CLAIM FOR DAMAGES WHICH DO NOT OCCUR IN THE SUPPLY ITSELF, SUCH AS BUT NOT BE LIMITED TO FOR LOSS OF PRODUCTION, LOSS OF USE, LOSS OF ORDERS, RECALL COSTS, LOSS OF PROFIT AND OTHER DIRECT OR INDIRECT OR CONSEQUENTIAL DAMAGE. LIABILITY IS ALSO EXCLUDED FOR COMPENSATION CLAIMS FROM THIRD PARTIES AGAINST THE CUSTOMER FOR INFRINGEMENTS OF INTELLECTUAL PROPERTY RIGHTS. 14.3 IN NO EVENT WILL EITHER PARTY HAVE SELLER BE LIABLE: (I) FOR DAMAGES DUE TO BUYER’S FAILURE TO INFORM SELLER OF ANY LIABILITY AND ALL STATUTORY OFFICIAL OR OTHER REQUIREMENTS MANDATORY FOR THE OPERATION OF THE SUPPLY AT THE PLACE OF INSTALLATION. (II) FOR DAMAGES DUE TO BUYER’S FAILURE TO COMPLY WITH SELLER’S WRITTEN INSTRUCTIONS, REGULATIONS AND GUIDELINES FOR THE OTHER PARTY OPERATION OF THE SUPPLY. (III) FOR THE SUITABILITY OF THE PREMISES, BUILDINGS OR FACILITIES FOR THE OPERATION OF THE SUPPLY; (IV) FOR ANY DAMAGE CAUSED ADVICE OR CONSULTANCY PROVIDED BY ANY THIRD-PARTY HOSTING PROVIDERSSELLER TO BUYER WITHOUT A SPECIFIC, LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT SEPARATELY AGREED CONSIDERATION; SUCH ADVICE AND REGARDLESS CONSULTANCY WILL BE OF THE THEORY A COURTESY NATURE ONLY; OR (V) FOR BUYER’S NEGLIGENCE. 14.4 SELLER’S LIMITATION AND EXCLUSION OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL LIABILITY SHALL NOT APPLY IN CASE OF SELLER’S WILLFUL MISCONDUCT AND GROSS NEGLIGENCE AND TO THE EXTENT PROHIBITED BY SELLER’S LIABILITY IS MANDATORY UNDER APPLICABLE LAW. 11.3 NOTHING IN THIS SECTION 11 SHALL BE DEEMED TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW.

LIMITATION AND EXCLUSION OF LIABILITY. 11.1 NEITHER PARTY'S 6.1 SAGE’S TOTAL AGGREGATE LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT YOU ARISING OUT OF OR RELATED TO IN CONNECTION WITH SAGE BANK FEEDS AND/OR THIS AGREEMENT PART B OF APPENDIX A WILL EXCEED THE AMOUNT PAID BY YOU TO US UNDER THE ORDER FORM GIVING RISE TO THE LIABILITY IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US UNDER THIS AGREEMENTSUM OF £500 (FIVE HUNDRED POUNDS STERLING). THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT, STRICT LIABILITY OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION 6 (FEES AND PAYMENT FOR SAGE SERVICES). 11.2 6.2 IN NO EVENT WILL EITHER PARTY SAGE HAVE ANY LIABILITY TO THE OTHER PARTY YOU FOR ANY DAMAGE CAUSED BY ANY THIRD-THIRD PARTY (INCLUDING A BANK), THIRD- PARTY HOSTING PROVIDERS, LOST PROFITS, REVENUES OR (SUBJECT TO SECTION 6.3 BELOW) LOSS OF OR DAMAGE TO DATA, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY SAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. 11.3 6.3 IN THE EVENT OF A LOSS OF OR DAMAGE TO YOUR BANK FEEDS CUSTOMER DATA CAUSED BY US WE AGREE TO TAKE REASONABLE STEPS TO RESTORE THE LOST OR DAMAGED DATA AS SOON AS REASONABLY PRACTICABLE HAVING REGARD TO THE NATURE OF THE LOSS OR DAMAGE AND ALL THE CIRCUMSTANCES. 6.4 YOU AND WE EACH AGREE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION 6 ARE FAIR AND REASONABLE HAVING REGARD IN PARTICULAR TO THE NATURE OF SAGE BANK FEEDS, THE FACT THAT WE HAVE NOT DEVELOPED SAGE BANK FEEDS SPECIFICALLY FOR YOU, THE ALTERNATIVE AVAILABLE COMPETITOR OPTIONS IN THE MARKET, THE FACT THAT IT IS NOT ECONOMICALLY POSSIBLE FOR US TO CARRY OUT ALL THE TESTS NECESSARY TO MAKE SURE THERE ARE NO PROBLEMS WITH SAGE BANK FEEDS AND THAT SAGE BANK FEEDS IS A FREE OF CHARGE SERVICE. 6.5 NOTHING IN THIS SECTION 11 6 SHALL BE DEEMED TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW.

LIMITATION AND EXCLUSION OF LIABILITY. 11.1 NEITHER 16.1 NOTHING IN THESE TERMS OF SALE LIMITS OR EXCLUDES THE LIABILITY OF: (A) EITHER PARTY TO THE OTHER FOR: (I) BODILY INJURY OR DEATH RESULTING DIRECTLY FROM THE NEGLIGENCE OF THE OTHER PARTY'S ; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) A BREACH OF SECTION 9.0 (CONFIDENTIAL INFORMATION); OR (IV) ANY LIABILITY WITH RESPECT THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. (B) CUSTOMER TO ANY SINGLE INCIDENT CISCO ARISING OUT OF: (I) CUSTOMER’S BREACH OF OR RELATED SECTION 7.0 (PROPRIETARY RIGHTS AND SOFTWARE LICENSING); (II) CUSTOMER’S BREACH OF THE END USER LICENSE AGREEMENT IN ATTACHMENT 2 (XXXX); OR (III) ANY AMOUNTS DUE TO THIS AGREEMENT WILL EXCEED CISCO UNDER THESE TERMS OF SALE. 16.2 SUBJECT TO SECTION 16.1 ABOVE AND SECTION 16.3 BELOW, EACH PARTY’S TOTAL AGGREGATE LIABILITY IS LIMITED TO THE AMOUNT MONEY PAID BY YOU TO US CISCO UNDER THESE TERMS OF SALE DURING THE ORDER FORM GIVING TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT THAT FIRST GAVE RISE TO SUCH LIABILITY. 16.3 SUBJECT TO SECTION 16.1 ABOVE, AND NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF SALE TO THE LIABILITY CONTRARY, NEITHER PARTY WILL BE LIABLE FOR ANY: (A) SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES; (B) LOSS OF ANY OF THE FOLLOWING: PROFITS, REVENUE, BUSINESS, ANTICIPATED SAVINGS, USE OF ANY PRODUCT OR SERVICE, OPPORTUNITY, GOODWILL OR REPUTATION; OR (C) LOST OR DAMAGED DATA. 16.4 REFERENCES IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER THIS SECTION 16.0 TO (A) A “PARTY” INCLUDES A PARTY’S AGGREGATE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS AND (B) “LIABILITY” INCLUDES LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER THIS AGREEMENT. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACTANY INDEMNITY, STRICT LIABILITY OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVEROTHERWISE, THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION 6 (FEES AND PAYMENT FOR SAGE SERVICES). 11.2 IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY DAMAGE CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS, LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EACH CASE EVEN IF A PARTY HAS BEEN ADVISED INFORMED OF THE POSSIBILITY OF SUCH THAT LIABILITY. IN SECTION 16.3, REFERENCES TO “LOSS” REFERS TO ANY AND ALL KINDS OF LOSS OR DAMAGE INCLUDING, WITHOUT LIMITATION, ANY DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW, FINES, COSTS, CHARGES, FEES OR OTHER LIABILITY. 11.3 NOTHING IN THIS SECTION 11 SHALL BE DEEMED TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW.

LIMITATION AND EXCLUSION OF LIABILITY. 11.1 NEITHER PARTY'S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU TO US UNDER THE ORDER FORM GIVING RISE TO THE LIABILITY IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY14.1 SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED IN CONNECTION WITH THE TOTAL AMOUNT PAID BY YOU TO US UNDER THIS AGREEMENT. THE ABOVE LIMITATIONS WILL APPLY CONTRACT OR ANY BREACH THEREOF, WHETHER AN ACTION IS IN BASED ON CONTRACT, STRICT LIABILITY WARRANTY, TORT (INCLUDING NEGLIGENCE), INDEMNITY OR TORT AND REGARDLESS OTHERWISE, SHALL NOT EXCEED 10% OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION 6 (FEES AND PAYMENT FOR SAGE SERVICES)PRICE IN TOTAL. 11.2 14.2 IN NO CASE, SHALL THE BUYER BE ENTITLED TO CLAIM FOR DAMAGES WHICH DO NOT OCCUR IN THE SUPPLY ITSELF, SUCH AS BUT NOT BE LIMITED TO FOR LOSS OF PRODUCTION, LOSS OF USE, LOSS OF ORDERS, RECALL COSTS, LOSS OF PROFIT AND OTHER DIRECT OR INDIRECT OR CONSEQUENTIAL DAMAGE. LIABILITY IS ALSO EXCLUDED FOR COMPENSATION CLAIMS FROM THIRD PARTIES AGAINST THE CUSTOMER FOR INFRINGEMENTS OF INTELLECTUAL PROPERTY RIGHTS. 14.3 IN NO EVENT WILL EITHER PARTY HAVE SELLER BE LIABLE: (I) FOR DAMAGES DUE TO BUYER’S FAILURE TO INFORM SELLER OF ANY LIABILITY AND ALL STATUTORY OFFICIAL OR OTHER REQUIREMENTS MANDATORY FOR THE OPERATION OF THE SUPPLY AT THE PLACE OF INSTALLATION. (II) FOR DAMAGES DUE TO BUYER’S FAILURE TO COMPLY WITH SELLER’S WRITTEN INSTRUCTIONS, REGULATIONS AND GUIDELINES FOR THE OTHER PARTY OPERATION OF THE SUPPLY. (III) FOR THE SUITABILITY OF THE PREMISES, BUILDINGS OR FACILITIES FOR THE OPERATION OF THE SUPPLY; (IV) FOR ANY DAMAGE CAUSED ADVICE OR CONSULTANCY PROVIDED BY ANY THIRD-PARTY HOSTING PROVIDERSSELLER TO BUYER WITHOUT A SPECIFIC, LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT SEPARATELY AGREED CONSIDERATION; SUCH ADVICE AND REGARDLESS CONSULTANCY WILL BE OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. 11.3 NOTHING IN THIS SECTION 11 SHALL BE DEEMED TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW.COURTESY NATURE ONLY; OR

LIMITATION AND EXCLUSION OF LIABILITY. 11.1 NEITHER PARTY'S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU TO US UNDER THE ORDER FORM GIVING RISE TO THE LIABILITY IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT, PROVIDED THAT 6.1. Limitations IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US UNDER THIS AGREEMENT. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT, STRICT LIABILITY OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION 6 (FEES AND PAYMENT FOR SAGE SERVICES). 11.2 IN NO EVENT WILL EITHER PARTY SHALL Xxxxxx Data Systems HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO Xxxxxx Data Systems , DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE OTHER PARTY SERVICES. Xxxxxx Data Systems SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR ANY DAMAGE CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSCONSEQUENTIAL, LOST PROFITS, REVENUES OR INDIRECTEXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, DAMAGES EVEN IF A PARTY Xxxxxx Data Systems HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE FOREGOING DISCLAIMER LIABILITY OF Xxxxxx Data Systems TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO Xxxxxx Data Systems BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY Xxxxxx Data Systems UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE Xxxxxx Data Systems FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.1. BECAUSE SOME STATES DO NOT APPLY ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PROHIBITED PERMITTED BY LAW. 11.3 NOTHING IN THIS SECTION 11 SHALL BE DEEMED TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW.

LIMITATION AND EXCLUSION OF LIABILITY. 11.1 NEITHER PARTY'S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU TO US UNDER THE ORDER FORM GIVING RISE TO THE LIABILITY IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT, PROVIDED THAT 6.1. Limitations - IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF SHALL THINK HUGE LIMITED Ltd. (the Company), IT'S SUBSIDIARIES, AFFILIATES , OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US UNDER THIS AGREEMENT. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT, STRICT LIABILITY OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION 6 (FEES AND PAYMENT FOR SAGE SERVICES). 11.2 IN NO EVENT WILL EITHER PARTY OFFICERS HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO THE OTHER PARTY COMPANY, DISTRIBUTED OR MADE AVAILABLE FOR ANY DAMAGE CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSDISTRIBUTION VIA THE SERVICES. THE COMPANY SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, LOST PROFITS, REVENUES OR INDIRECTEXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, DAMAGES EVEN IF A PARTY THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE FOREGOING DISCLAIMER LIABILITY OF THE COMPANY TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO THE COMPANY BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCURED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY THE COMPANY UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE THE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.2. BECAUSE SOME STATES DO NOT APPLY ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PROHIBITED PERMITTED BY LAW. 11.3 NOTHING IN THIS SECTION 11 SHALL BE DEEMED TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW.

LIMITATION AND EXCLUSION OF LIABILITY. 11.1 Limitations. IN NO EVENT WILL FOXTROT, ITS AFFILIATES, OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER PARTY'S FOXTROT, ITS AFFILIATES, NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU TO US UNDER THE ORDER FORM GIVING RISE TO THE LIABILITY IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOXTROT'S OBLIGATIONS UNDER THIS AGREEMENT. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT, STRICT LIABILITY OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVEROTHERWISE FOR CONSEQUENTIAL, THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION 6 (FEES AND PAYMENT FOR SAGE SERVICES). 11.2 IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY DAMAGE CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS, LOST PROFITS, REVENUES OR INDIRECTEXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, DAMAGES EVEN IF A PARTY FOXTROT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH THESE DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY LIABILITY OF FOXTROT AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED TO THE EXTENT PROHIBITED BY LAW. 11.3 NOTHING AMOUNT YOU ACTUALLY PAID TO FOXTROT UNDER THIS AGREEMENT DURING THE 3 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THIS SECTION 11 SHALL BE DEEMED TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER THE AGGREGATE, INCLUDING BREACH OF LAW.CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY,

LIMITATION AND EXCLUSION OF LIABILITY. 11.1 NEITHER PARTY'S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU TO US UNDER THE ORDER FORM GIVING RISE TO THE LIABILITY IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT AGREEME NT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US UNDER THIS AGREEMENT. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT, STRICT LIABILITY OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION 6 (FEES AND PAYMENT FOR SAGE SERVICESONE). 11.2 IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY DAMAGE CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS, LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. 11.3 NOTHING IN THIS SECTION 11 SHALL BE DEEMED TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW.

LIMITATION AND EXCLUSION OF LIABILITY. 11.1 NEITHER PARTY'S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU TO US UNDER THE ORDER FORM GIVING RISE TO THE LIABILITY IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT, PROVIDED THAT 6.1. Limitations - IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF SHALL Xxxxx Trading Corporation Ltd. (the Company), IT'S SUBSIDIARIES, AFFILIATES , OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US UNDER THIS AGREEMENT. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT, STRICT LIABILITY OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION 6 (FEES AND PAYMENT FOR SAGE SERVICES). 11.2 IN NO EVENT WILL EITHER PARTY OFFICERS HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO THE OTHER PARTY COMPANY, DISTRIBUTED OR MADE AVAILABLE FOR ANY DAMAGE CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSDISTRIBUTION VIA THE SERVICES. THE COMPANY SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, LOST PROFITS, REVENUES OR INDIRECTEXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, DAMAGES EVEN IF A PARTY THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE FOREGOING DISCLAIMER LIABILITY OF THE COMPANY TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO THE COMPANY BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCURED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY THE COMPANY UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE THE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.2. BECAUSE SOME STATES DO NOT APPLY ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PROHIBITED PERMITTED BY LAW. 11.3 NOTHING IN THIS SECTION 11 SHALL BE DEEMED TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW.

LIMITATION AND EXCLUSION OF LIABILITY. 11.1 NEITHER PARTY'S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU TO US UNDER THE ORDER FORM GIVING RISE TO THE LIABILITY IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT AGREEME NT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US UNDER THIS AGREEMENT. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT, STRICT LIABILITY OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION 6 (FEES AND PAYMENT FOR SAGE SERVICESACCOUNTING). 11.2 IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY DAMAGE CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS, LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. 11.3 NOTHING IN THIS SECTION 11 SHALL BE DEEMED TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW.

LIMITATION AND EXCLUSION OF LIABILITY. 11.1 NEITHER PARTY'S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU TO US UNDER THE ORDER FORM GIVING RISE TO THE LIABILITY IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT, PROVIDED THAT 6.1. Limitations IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US UNDER THIS AGREEMENT. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT, STRICT LIABILITY OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION 6 (FEES AND PAYMENT FOR SAGE SERVICES). 11.2 IN NO EVENT WILL EITHER PARTY SHALL Company HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO Company, DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE OTHER PARTY SERVICES. Company SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR ANY DAMAGE CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERSCONSEQUENTIAL, LOST PROFITS, REVENUES OR INDIRECTEXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, DAMAGES EVEN IF A PARTY Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE FOREGOING DISCLAIMER LIABILITY OF Company TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO Company BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY Company UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE Company FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.1. BECAUSE SOME STATES DO NOT APPLY ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PROHIBITED PERMITTED BY LAW. 11.3 NOTHING IN THIS SECTION 11 SHALL BE DEEMED TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW6.2. Interruption of Service You hereby acknowledge and agree that Company will not be liable for any temporary delay, outages or interruptions of the Services. Further, Company shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure). 6.3. Maintenance You hereby acknowledge and agree that Company reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. Company will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance.

LIMITATION AND EXCLUSION OF LIABILITY. 11.1 NEITHER PARTY'S 6.1. XXXX’S TOTAL AGGREGATE LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT YOU ARISING OUT OF OR RELATED TO IN CONNECTION WITH SAGE BANK FEEDS AND/OR THIS AGREEMENT PART B OF APPENDIX A WILL EXCEED THE AMOUNT PAID BY YOU TO US UNDER THE ORDER FORM GIVING RISE TO THE LIABILITY IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US UNDER THIS AGREEMENTSUM OF £500 (FIVE HUNDRED POUNDS STERLING). THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT, STRICT LIABILITY OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION 6 (FEES AND PAYMENT FOR SAGE SERVICES). 11.2 6.2. IN NO EVENT WILL EITHER PARTY SAGE HAVE ANY LIABILITY TO THE OTHER PARTY YOU FOR ANY DAMAGE CAUSED BY ANY THIRD PARTY (INCLUDING A BANK), THIRD-PARTY HOSTING PROVIDERS, LOST PROFITS, REVENUES OR (SUBJECT TO SECTION 6.3 BELOW) LOSS OF OR DAMAGE TO DATA, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY SAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. 11.3 6.3. IN THE EVENT OF A LOSS OF OR DAMAGE TO YOUR BANK FEEDS CUSTOMER DATA CAUSED BY US WE AGREE TO TAKE REASONABLE STEPS TO RESTORE THE LOST OR DAMAGED DATA AS SOON AS REASONABLY PRACTICABLE HAVING REGARD TO THE NATURE OF THE LOSS OR DAMAGE AND ALL THE CIRCUMSTANCES. 6.4. YOU AND WE EACH AGREE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION 6 ARE FAIR AND REASONABLE HAVING REGARD IN PARTICULAR TO THE NATURE OF SAGE BANK FEEDS, THE FACT THAT WE HAVE NOT DEVELOPED SAGE BANK FEEDS SPECIFICALLY FOR YOU, THE ALTERNATIVE AVAILABLE COMPETITOR OPTIONS IN THE MARKET, THE FACT THAT IT IS NOT ECONOMICALLY POSSIBLE FOR US TO CARRY OUT ALL THE TESTS NECESSARY TO MAKE SURE THERE ARE NO PROBLEMS WITH SAGE BANK FEEDS AND THAT SAGE BANK FEEDS IS A FREE OF CHARGE SERVICE. 6.5. NOTHING IN THIS SECTION 11 6 SHALL BE DEEMED TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW.

LIMITATION AND EXCLUSION OF LIABILITY. 11.1 NEITHER PARTY'S 12.1 SAGE’S TOTAL AGGREGATE LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT YOU ARISING OUT OF OF, OR RELATED TO IN CONNECTION WITH, SAGE BANK FEEDS AND/OR THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU TO US UNDER THE ORDER FORM GIVING RISE TO THE LIABILITY IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US UNDER THIS AGREEMENTSUM OF £500 (FIVE HUNDRED POUNDS STERLING) OR EQUIVALENT LOCAL CURRENCY IN THE REGION WHERE SAGE BANK FEEDS IS DELIVERED. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT, STRICT LIABILITY OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION 6 (FEES AND PAYMENT FOR SAGE SERVICES). 11.2 12.2 IN NO EVENT WILL EITHER PARTY SAGE HAVE ANY LIABILITY TO THE OTHER PARTY YOU FOR ANY DAMAGE CAUSED BY ANY THIRD PARTY (INCLUDING A BANK), THIRD-PARTY HOSTING PROVIDERS, LOST PROFITS, REVENUES OR (SUBJECT TO CLAUSE 12.3) LOSS OF OR DAMAGE TO DATA, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY SAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. 11.3 12.3 IN THE EVENT OF A LOSS OF OR DAMAGE TO YOUR CUSTOMER DATA CAUSED BY US WE AGREE TO TAKE REASONABLE STEPS TO RESTORE THE LOST OR DAMAGED DATA AS SOON AS REASONABLY PRACTICABLE HAVING REGARD TO THE NATURE OF THE LOSS OR DAMAGE AND ALL THE CIRCUMSTANCES.‌ 12.4 YOU AND WE EACH AGREE THAT THE LIMITATIONS OF LIABILITY IN THIS CLAUSE 12 ARE FAIR AND REASONABLE HAVING REGARD IN PARTICULAR TO THE NATURE OF SAGE BANK FEEDS, THE FACT THAT WE HAVE NOT DEVELOPED SAGE BANK FEEDS SPECIFICALLY FOR YOU, THE ALTERNATIVE AVAILABLE COMPETITOR OPTIONS IN THE MARKET, THE FACT THAT IT IS NOT ECONOMICALLY POSSIBLE FOR US TO CARRY OUT ALL THE TESTS NECESSARY TO MAKE SURE THERE ARE NO PROBLEMS WITH SAGE BANK FEEDS, AND THAT SAGE BANK FEEDS IS A FREE OF CHARGE SERVICE. 12.5 NOTHING IN THIS SECTION 11 CLAUSE 12 SHALL BE DEEMED TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW.