Common use of Limitation of Liability and Damages Clause in Contracts

Limitation of Liability and Damages. NEITHER CCH NOR ITS VENDORS AND LICENSORS SHALL HAVE ANY LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. The allocations of liability in this Section 17 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to 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 the Agreement fails of its essential purpose.

Limitation of Liability and Damages. NEITHER CCH NOR PARTY (AND, IN THE CASE OF CCH, ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS SHALL LICENSORS) WILL HAVE ANY LIABILITY TO CUSTOMER THE OTHER OR ANY THIRD PARTY (INCLUDING ANY CONTRACTOR, AGENT, AFFILIATE OR CLIENT OF CUSTOMER) FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTSOFTWARE, AND SUPPORT, ELECTRONIC FILING AND/OR ANY SERVICES RENDERED PROVIDED HEREUNDER. EXCLUDING CCHTHE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY WITH RESPECT TO ANY VIOLATION OF EITHER PARTY’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT RIGHTS AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, SET FORTH HEREIN. THE TOTAL LIABILITY OF CCH AND ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTSOFTWARE, AND SUPPORT, ELECTRONIC FILING AND/OR ANY SERVICES RENDERED HEREUNDER PROVIDED HEREUNDER, FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES DAMAGES, SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING FOR THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT SOFTWARE OR SERVICES GIVING RISE TO LIABILITYSUCH CLAIM IN THE TWELVE-MONTH PERIOD PRECEDING THE DATE SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE. CCH is not an insurer with regard to performance of the Software or otherwise. Customer agrees to assume the risk for: (a) all liabilities disclaimed by CCH herein, and (b) all alleged damages in excess of the amount of the limited remedy provided hereunder. The allocations of liability in this Section 17 subsection 8.4 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bringTHE LIMITATION OF LIABILITY AND TYPES OF DAMAGES STATED IN THIS AGREEMENT ARE INTENDED BY THE PARTIES TO APPLY REGARDLESS OF THE FORM OF LAWSUIT OR CLAIM A PARTY MAY BRING, whether in tortWHETHER IN TORT, contract or otherwiseCONTRACT OR OTHERWISE, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purposeAND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability and Damages. NEITHER CCH NOR (a) Provider and Customer have considered the risks and rewards associated with this Agreement and agree to allocate certain of the risks so that, to the fullest extent permitted by law, Provider’s total aggregate liability to Customer, if any, will be limited to the lesser of $1,000.00 or the value of the Services provided by Provider for the invoice term period immediately preceding the filing or submission of a claim, suit, demand, action, cause of action, proceeding, demand, complaint, loss, grievance, injury, relief or liability (individually and collectively, “Claim”), regardless of the legal, equitable, statutory, or other theory under which such liability may be imposed. Provider will not be liable for any monetary or equitable relief associated with a Claim brought by another person or entity against Customer arising from, concerning, or relating to this Agreement or the business relationship between Provider and Customer, regardless of the legal, equitable, statutory, or other theory under which such liability may be imposed. (b) NOTWITHSTANDING PARAGRAPH 6(a) ABOVE, IN NO EVENT WILL PROVIDER, OR ITS VENDORS DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, PARTNERS, AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES OR ANY OTHER PERSON AND/OR ENTITY ACTING FOR, IN CONCERT WITH, OR ON BEHALF OF PROVIDER (INDIVIDUALLY AND LICENSORS SHALL HAVE ANY LIABILITY COLLECTIVELY, “PROVIDER AFFILIATES”), BE LIABLE TO CUSTOMER FOR: (i) PERSONAL INJURY OR ANY THIRD PARTY FOR ANY LOSS OF PROFITSINDIRECT, SALESSPECIAL, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL EXEMPLARY DAMAGES, REGARDLESS OF THE LEGAL, EQUITABLE, STATUTORY, OR OTHER THEORY UNDER WHICH SUCH LIABILITY MAY BE IMPOSED, INCLUDING BUT NOT LIMITED TO THIRD PARTY CLAIMS; (ii) DAMAGES CONCERNING OR RELATING TO DELAYS, MALFUNCTIONS, LOSS OF OR DAMAGE TO DATA, LOSS OF USE, INTERRUPTION OF SERVICE, LOSS OF ACTUAL OR PROSPECTIVE CONTRACTS, BUSINESS RELATIONS, REVENUE OR PROFITS, OR LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND DAMAGE TO REPUTATION OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. The allocations of liability in this Section 17 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to 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 the Agreement fails of its essential purpose.GOODWILL;

Limitation of Liability and Damages. 4.1 NEITHER CCH NOR ITS VENDORS AND LICENSORS SHALL HAVE ANY LIABILITY TO CUSTOMER OR ANY PARTY (INCLUDING PORTABLE'S THIRD PARTY SOFTWARE PROVIDERS) WILL BE LIABLE FOR ANY LOSS OF PROFITSSPECIAL, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL THIRD PARTY DAMAGES (INCLUDING LOST PROFITS OR SAVINGS, BUSINESS INTERRUPTION, LOSS OF DATA, OR DAMAGESIMILAR CLAIMS), INCLUDING EXEMPLARY AND PUNITIVE DAMAGESWHETHER IN AN ACTION IN CONTRACT OR IN TORT, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, EVEN IF THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OTHER PARTY OR ANY THIRD PARTY ARISING OUT OTHER PERSON HAS BEEN ADVISED OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES POSSIBILITY OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. The allocations of liability in this Section 17 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocationsSUCH DAMAGES. The limitation of liability and types of damages stated set forth in the Agreement are intended this Section shall not be applicable to claims by the parties to apply regardless Portable for Customer's breach of the form scope of lawsuit or claim a party may bringthe license rights under Section 1. 4.2 To the maximum extent permitted by law, Portable's total liability under this Agreement, for whatever cause other than bodily injury, whether in an action in contract or in tort, contract or otherwisewill be limited to the actual license fees paid by Customer under this Agreement, and regardless if such liability results from Customer's use of whether the Licensed Programs or from services provided by or on behalf of Portable, such liability will be limited to the actual fees paid by Customer for the relevant Licensed Program or services giving rise to the liability. The limitation of liability set forth in this Section shall not be applicable to claims of infringement under Section 9. 4.3 The parties acknowledge that this Agreement allocates the risks between Portable and Customer and that the fees reflect the limited warranties, limitation of liability, and allocation of risk under this Agreement. Customer further acknowledges that the pricing and terms of this Agreement would have been different had there been a different allocation of risk. 4.4 The parties acknowledge and agree that the limitations specified in this Section will survive and apply even if any limited remedy provided for in the this Agreement fails is determined to have failed of its essential purpose.

Limitation of Liability and Damages. NEITHER CCH NOR PARTY (AND, IN THE CASE OF CCH, ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS SHALL LICENSORS) WILL HAVE ANY LIABILITY TO CUSTOMER THE OTHER OR ANY THIRD PARTY (INCLUDING ANY CONTRACTOR, AGENT, AFFILIATE OR CLIENT OF CUSTOMER) FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTAPPLICATION, AND SUPPORT AND/OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY WITH RESPECT TO ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCHVIOLATION OF EITHER PARTY’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT RIGHTS AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, SET FORTH HEREIN. THE TOTAL LIABILITY OF CCH AND ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTAPPLICATION, AND ANY SUPPORT AND/OR SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES FOR THE APPLICATION OR SERVICES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING IN THE TWELVE (12) MONTHS IMMEDIATELY TWELVE-MONTH PERIOD PRECEDING THE DATE SUCH CLAIM OR CAUSE OF ACTION FIRST EVENT GIVING RISE TO LIABILITYAROSE. CCH is not an insurer with regard to performance of the Application. Customer agrees to assume the risk for: (a) all liabilities disclaimed by CCH herein, and (b) all alleged damages in excess of the amount of the limited remedy provided hereunder. The allocations of liability in this Section 17 subsection 8.4 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bringTHE LIMITATION OF LIABILITY AND TYPES OF DAMAGES STATED IN THIS AGREEMENT ARE INTENDED BY THE PARTIES TO APPLY REGARDLESS OF THE FORM OF LAWSUIT OR CLAIM A PARTY MAY BRING, whether in tortWHETHER IN TORT, contract or otherwiseCONTRACT OR OTHERWISE, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purposeAND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability and Damages. WITH THE EXCEPTION OF CLAIMS ARISING FROM PROVIDER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, PROVIDER SHALL NOT BE LIABLE TO RECIPIENT FOR ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF ITS ACTS OR OMISSIONS HEREUNDER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, EXCEPT FOR DAMAGES ARISING FROM A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER CCH PARTY, NOR ITS VENDORS AND LICENSORS AFFILIATES, CONTRACTORS, SUPPLIERS OR AGENTS, SHALL HAVE ANY LIABILITY TO CUSTOMER OR HEREUNDER FOR, AND DAMAGES SHALL NOT INCLUDE, ANY THIRD PARTY FOR ANY LOSS OF PROFITSPUNITIVE, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, SPECIAL OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE INDIRECT DAMAGES, OR DAMAGES CALCULATED BASED UPON LOST PROFITS, LOSS IN VALUE OR MULTIPLE OF EARNINGS. ANY KIND CLAIM OR NATURE RESULTING FROM CAUSE OF ACTION REQUESTING OR ARISING OUT CLAIMING SUCH DAMAGES IS SPECIFICALLY WAIVED AND BARRED, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE OR A PARTY WAS NOTIFIED IN ADVANCE OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY POSSIBILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. The allocations of liability in this Section 17 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to 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 the Agreement fails of its essential purposeSUCH DAMAGES.

Limitation of Liability and Damages. NEITHER CCH NOR PARTY (AND, IN THE CASE OF WKFS, ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS SHALL LICENSORS) WILL HAVE ANY LIABILITY TO CUSTOMER THE OTHER OR ANY THIRD PARTY (INCLUDING ANY CONTRACTOR, AGENT, AFFILIATE OR CLIENT OF CUSTOMER) FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTAPPLICATION, AND SUPPORT AND/OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY WITH RESPECT TO ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCHVIOLATION OF EITHER PARTY’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT RIGHTS AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, SET FORTH HEREIN. THE TOTAL LIABILITY OF CCH WKFS AND ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTAPPLICATION, AND ANY SUPPORT AND/OR SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES FOR THE APPLICATION OR SERVICES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING IN THE TWELVE (12) MONTHS IMMEDIATELY TWELVE-MONTH PERIOD PRECEDING THE DATE SUCH CLAIM OR CAUSE OF ACTION FIRST EVENT GIVING RISE TO LIABILITYAROSE. WKFS is not an insurer with regard to performance of the Application. Customer agrees to assume the risk for: (a) all liabilities disclaimed by WKFS herein, and (b) all alleged damages in excess of the amount of the limited remedy provided hereunder. The allocations of liability in this Section 17 subsection 8.4 represent the agreed, bargained-for understanding of the parties and CCHWKFS’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bringTHE LIMITATION OF LIABILITY AND TYPES OF DAMAGES STATED IN THIS AGREEMENT ARE INTENDED BY THE PARTIES TO APPLY REGARDLESS OF THE FORM OF LAWSUIT OR CLAIM A PARTY MAY BRING, whether in tortWHETHER IN TORT, contract or otherwiseCONTRACT OR OTHERWISE, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purposeAND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability and Damages. NEITHER CCH NOR YOU AGREE NOT TO HOLD INTUIT AND ITS VENDORS AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF THE SERVICE. ADDITIONALLY, EXCEPT FOR THE REIMBURSEMENT FOR ADVICE ERRORS DESCRIBED ABOVE, YOUR EXCLUSIVE REMEDY AND LICENSORS THE ENTIRE LIABILITY OF INTUIT AND ITS REPRESENTATIVES FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT AND ITS AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS, CORRUPTION OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF INTUIT OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT DOES INTUIT ASSUME ANY LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR THAN YOU ARISING OUT OF THIS AGREEMENTYOUR USE OF THE SERVICE. Some Provinces do not allow the limitation and/or exclusion of liability for incidental or consequential damages, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYso the above limitation or exclusion may not apply to you. The allocations limitations of damages or liability and the disclaimers of warranties set forth in this Section 17 represent the agreed, bargained-for understanding Agreement are fundamental elements of the parties basis of the bargain between Intuit and CCH’s compensation hereunder reflects you. You acknowledge and agree that Intuit would not be able to provide the Service on an economic basis without such allocationslimitations and that Intuit has set its prices for the Service in reliance upon such limitations of damages and liability and disclaimers of warranties. The limitation details of liability and types of damages stated in the Agreement Intuit's online privacy promise are intended by the parties to 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 the Agreement fails of its essential purposeavailable here.

Limitation of Liability and Damages. NEITHER CCH NOR PARTY (AND, IN THE CASE OF CCH, ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS SHALL LICENSORS) WILL HAVE ANY LIABILITY TO CUSTOMER THE OTHER OR ANY THIRD THIRD-PARTY (INCLUDING ANY CONTRACTOR, AGENT, AFFILIATE OR CLIENT OF CUSTOMER) FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTAPPLICATION, AND SUPPORT AND/OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY WITH RESPECT TO ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCHVIOLATION OF EITHER PARTY’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT RIGHTS AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, SET FORTH HEREIN. THE TOTAL LIABILITY OF CCH AND ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS TO CUSTOMER OR ANY THIRD THIRD-PARTY RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTAPPLICATION, AND ANY SUPPORT AND/OR SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES FOR THE APPLICATION OR SERVICES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING IN THE TWELVE (12) MONTHS IMMEDIATELY TWELVE-MONTH PERIOD PRECEDING THE DATE SUCH CLAIM OR CAUSE OF ACTION FIRST EVENT GIVING RISE TO LIABILITYAROSE. CCH is not an insurer with regard to performance of the Application. Customer agrees to assume the risk for: (a) all liabilities disclaimed by CCH herein, and (b) all alleged damages in excess of the amount of the limited remedy provided hereunder. The allocations of liability in this Section 17 subsection 8.4 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bringTHE LIMITATION OF LIABILITY AND TYPES OF DAMAGES STATED IN THIS AGREEMENT ARE INTENDED BY THE PARTIES TO APPLY REGARDLESS OF THE FORM OF LAWSUIT OR CLAIM A PARTY MAY BRING, whether in tortWHETHER IN TORT, contract or otherwiseCONTRACT OR OTHERWISE, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purposeAND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability and Damages. NEITHER CCH NOR PARTY (AND, IN THE CASE OF CCH, ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS SHALL LICENSORS) WILL HAVE ANY LIABILITY TO CUSTOMER THE OTHER OR ANY THIRD THIRD-PARTY (INCLUDING ANY CONTRACTOR, AGENT, AFFILIATE OR CLIENT OF CUSTOMER) FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTSOFTWARE, AND SUPPORT, ELECTRONIC FILING AND/OR ANY SERVICES RENDERED PROVIDED HEREUNDER. EXCLUDING CCHTHE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY WITH RESPECT TO ANY VIOLATION OF EITHER PARTY’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT RIGHTS AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, SET FORTH HEREIN. THE TOTAL LIABILITY OF CCH AND ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS TO CUSTOMER OR ANY THIRD THIRD-PARTY RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTSOFTWARE, AND SUPPORT, ELECTRONIC FILING AND/OR ANY SERVICES RENDERED HEREUNDER PROVIDED HEREUNDER, FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES DAMAGES, SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING FOR THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT SOFTWARE OR SERVICES GIVING RISE TO LIABILITYSUCH CLAIM IN THE TWELVE-MONTH PERIOD PRECEDING THE DATE SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE. CCH is not an insurer with regard to performance of the Software or otherwise. Customer agrees to assume the risk for: (a) all liabilities disclaimed by CCH herein, and (b) all alleged damages in excess of the amount of the limited remedy provided hereunder. The allocations of liability in this Section 17 subsection 8.4 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bringTHE LIMITATION OF LIABILITY AND TYPES OF DAMAGES STATED IN THIS AGREEMENT ARE INTENDED BY THE PARTIES TO APPLY REGARDLESS OF THE FORM OF LAWSUIT OR CLAIM A PARTY MAY BRING, whether in tortWHETHER IN TORT, contract or otherwiseCONTRACT OR OTHERWISE, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purposeAND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability and Damages. NEITHER CCH NOR ITS VENDORS IN NO EVENT SHALL NMS LABS BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOOD WILL, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS), WHETHER THE BASIS OF THE LIABILITY IS IN BREACH OF AGREEMENT, TORT (INCLUDING NEGLIGENCE AND LICENSORS SHALL HAVE ANY LIABILITY TO CUSTOMER STRICT LIABILITY) OR ANY THIRD PARTY FOR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MAY ARISE. ACTIONS COVERED HEREIN INCLUDE BUT ARE NOT LIMITED TO; MISHANDLING OR LOSS OF PROFITS, SALES, BUSINESS, DATA, PATIENT SAMPLES OR OTHER INCIDENTAL, CONSEQUENTIAL, THE MISHANDLING OR SPECIAL LOSS OF PATIENT INFORMATION INCLUDING TESTING RESULTS. THE LIABILITY OF NMS LABS TO CLIENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF COMPENSATION RECEIVED BY NMS LABS FROM CLIENT HEREUNDER DURING THE TWO MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH DAMAGES WERE INCURRED. THE PARTIES INTEND TO HAVE THIS LIMITATION OF LIABILITY SURVIVE ANY DETERMINATION THAT THE EXCLUSIVE REMEDIES PROVIDED TO CLIENT HEREUNDER HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE ANY TERMINATION OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT EXPIRATION OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. The allocations of liability in this Section 17 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to 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 the Agreement fails of its essential purpose.

Limitation of Liability and Damages. NEITHER CCH NOR ITS VENDORS AND LICENSORS SHALL HAVE ANY LIABILITY TO CUSTOMER OR ANY THIRD PARTY IN NO EVENT WILL COMPANY BE LIABLE FOR ANY LOSS OF PROFITSINDIRECT, SALESSPECIAL, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, DATA, REVENUE, PROFITS, OR GOODWILL, LOSS OF OR DAMAGE TO BUSINESS, BUSINESS VALUE, OR BUSINESS RELATIONS, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR FACILITIES, ECONOMIC LOSSES OR PROPERTY DAMAGE, INCLUDING EXEMPLARY CLAIMS OF AGREEING PARTIES OR VENDORS, OR ATTORNEYS’ FEES AND PUNITIVE DAMAGESDISBURSEMENTS) ARISING FROM, OF ANY KIND CONNECTED WITH, OR NATURE RESULTING FROM OR ARISING OUT OF RELATED TO THIS AGREEMENT, THE PRODUCTSERVICES, AND OR ANY OTHER PRODUCTS OR SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS PROVIDED BY COMPANY PURSUANT TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED OR IN SECTION 16 OR CCH’S WILFULL MISCONDUCTCONNECTION WITH THIS AGREEMENT IN ANY MANNER WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE TOTAL LIABILITY USE OF CCH THE SERVICES AND ITS VENDORS AND LICENSORS TO SUCH OTHER PRODUCTS OR SERVICES BY THE CUSTOMER OR ANY THIRD PARTY OTHER PERSON OR ENTITY), WHETHER ARISING OUT UNDER CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, ENTERPRISE LIABILITY, PRODUCT LIABILITY, ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE OTHERWISE FORESEEABLE. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT OR OTHERWISE TO THE CONTRARY, COMPANY’S TOTAL LIABILITY TO THE CUSTOMER, IF ANY, ARISING FROM, CONNECTED WITH, OR RELATED TO THIS AGREEMENT, THE PRODUCTSERVICES, OR ANY OTHER PRODUCTS OR SERVICES PROVIDED BY COMPANY PURSUANT TO OR IN CONNECTION WITH THIS AGREEMENT IN ANY MANNER WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE USE OF THE SERVICES AND SUCH OTHER PRODUCTS OR SERVICES BY THE CUSTOMER OR ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OTHER PERSON OR TYPES OF DAMAGES SHALL ENTITY) WILL NOT EXCEED THE TOTAL FEES AMOUNT OF MONTHLY SERVICES CHARGES PAID OR PAYABLE HEREUNDER BY THE CUSTOMER DURING TO (AND ACTUALLY RECEIVED BY) COMPANY PURSUANT TO THIS AGREEMENT IN THE TWELVE (12) MONTHS 6 MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE CUSTOMER’S CLAIM OF LIABILITY; PROVIDED, HOWEVER, THAT COMPANY WILL HAVE NO LIABILITY TO THE CUSTOMER WHATSOEVER UNDER THIS AGREEMENT OR OTHERWISE FOR ANY LOSS OR CORRUPTION OF THE CUSTOMER’S DATA OR THE INABILITY TO RESTORE THE CUSTOMER’S DATA DUE TO THE LOSS OF THE CUSTOMER’S ENCRYPTION KEYS. The allocations of liability in this Section 17 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to 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 the Agreement fails of its essential purposeTHIS SECTION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.

Limitation of Liability and Damages. NEITHER PARTY (AND, IN THE CASE OF CCH NOR SFS, ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS SHALL LICENSORS) WILL HAVE ANY LIABILITY TO CUSTOMER THE OTHER OR ANY THIRD PARTY (INCLUDING ANY CONTRACTOR, AGENT, AFFILIATE OR CLIENT OF CUSTOMER) FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTHOSTED APPLICATION, AND SUPPORT AND/OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY WITH RESPECT TO ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCHVIOLATION OF EITHER PARTY’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT RIGHTS AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, SET FORTH HEREIN. THE TOTAL LIABILITY OF CCH SFS AND ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTHOSTED APPLICATION, AND ANY SUPPORT AND/OR SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES FOR THE HOSTED APPLICATION OR SERVICES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING IN THE TWELVE (12) MONTHS IMMEDIATELY TWELVE-MONTH PERIOD PRECEDING THE DATE SUCH CLAIM OR CAUSE OF ACTION FIRST EVENT GIVING RISE TO LIABILITYAROSE. CCH SFS is not an insurer with regard to performance of the Hosted Application. Customer agrees to assume the risk for: (a) all liabilities disclaimed by CCH SFS herein, and (b) all alleged damages in excess of the amount of the limited remedy provided hereunder. The allocations of liability in this Section 17 subsection 8.4 represent the agreed, bargained-for understanding of the parties and CCH’s CCH SFS’ compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bringTHE LIMITATION OF LIABILITY AND TYPES OF DAMAGES STATED IN THIS AGREEMENT ARE INTENDED BY THE PARTIES TO APPLY REGARDLESS OF THE FORM OF LAWSUIT OR CLAIM A PARTY MAY BRING, whether in tortWHETHER IN TORT, contract or otherwiseCONTRACT OR OTHERWISE, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purposeAND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability and Damages. NEITHER CCH NOR PARTY (AND IN THE CASE OF BABEL STREET, ITS VENDORS AFFILIATES, SUPPLIERS, AND LICENSORS SHALL LICENSORS) WILL HAVE ANY LIABILITY TO CUSTOMER THE OTHER OR ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY CONTRACTOR, AGENT, AFFILIATE OR CLIENT OF CUSTOMER) FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; PROVIDED, HOWEVER, THAT THE PRODUCTFOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO A PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCHOR A BREACH OF A PARTY’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT RIGHTS AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCTSET FORTH HEREIN. THE CUMULATIVE, THE TOTAL AGGREGATE LIABILITY OF CCH BABEL STREET AND ITS VENDORS AFFILIATES, SUPPLIERS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, OR IN CONNECTION WITH THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING UNDER THE ORDER FORM IN CONNECTION WITH WHICH SUCH CLAIM AROSE IN THE TWELVE (12) MONTHS MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYLIABILITY HEREUNDER. Babel Street is not an insurer with regard to performance of the Application. Customer agrees to assume the risk for: (a) all liabilities disclaimed by Babel Street contained herein, and (b) all alleged damages in excess of the amount of the limited remedy provided hereunder. The allocations of liability in this Section 17 subsection 7.4 represent the agreed, bargained-for understanding of the parties and CCHBabel Street’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bringTHE LIMITATION OF LIABILITY AND TYPES OF DAMAGES STATED IN THE AGREEMENT ARE INTENDED BY THE PARTIES TO APPLY REGARDLESS OF THE FORM OF LAWSUIT OR CLAIM A PARTY MAY BRING, whether in tortWHETHER IN TORT, contract or otherwiseCONTRACT OR OTHERWISE, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purposeAND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED FOR IN THE AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability and Damages. NEITHER CCH NOR PARTY (AND, IN THE CASE OF CCH, ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS SHALL LICENSORS) WILL HAVE ANY LIABILITY TO CUSTOMER THE OTHER OR ANY THIRD THIRD-PARTY (INCLUDING ANY CONTRACTOR, AGENT, AFFILIATE OR CLIENT OF CUSTOMER) FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTAPPLICATION, AND ANY SERVICES RENDERED HEREUNDERSUPPORT AND/OR SERVICES. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS TO CUSTOMER OR ANY THIRD THIRD-PARTY RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTAPPLICATION, AND ANY SUPPORT AND/OR SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES IN THE ORDER FORM GIVING RISE TO THE CLAIM FOR THE APPLICATION OR SERVICES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING IN THE TWELVE (12) MONTHS IMMEDIATELY TWELVE-MONTH PERIOD PRECEDING THE DATE SUCH CLAIM OR CAUSE OF ACTION FIRST EVENT GIVING RISE TO LIABILITYAROSE. CCH is not an insurer with regard to performance of the Application. Customer agrees to assume the risk for: (a) all liabilities disclaimed by CCH herein, and (b) all alleged damages in excess of the amount of the limited remedy provided hereunder. The allocations of liability in this Section 17 subsection 8.4 represent the agreed, bargained-bargained- for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bringTHE LIMITATION OF LIABILITY AND TYPES OF DAMAGES STATED IN THIS AGREEMENT ARE INTENDED BY THE PARTIES TO APPLY REGARDLESS OF THE FORM OF LAWSUIT OR CLAIM A PARTY MAY BRING, whether in tortWHETHER IN TORT, contract or otherwiseCONTRACT OR OTHERWISE, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purposeAND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability and Damages. NEITHER CCH NOR SFS (AND ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS, AND LICENSORS SHALL LICENSORS) WILL HAVE ANY NO LIABILITY TO CUSTOMER THE END USER OR ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY CONTRACTOR, AGENT, AFFILIATE OR CLIENT OF END USER) FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, AGREEMENT AND/OR THE PRODUCT, AND SOFTWARE. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR VIOLATION OF CCH SFS’ INTELLECTUAL PROPERTY INFRINGEMENT RIGHTS AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, SET FORTH HEREIN. THE TOTAL LIABILITY OF CCH SFS (AND ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS, AND LICENSORS LICENSORS) TO CUSTOMER END USER OR ANY THIRD PARTY RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, AGREEMENT AND/OR THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER SOFTWARE FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES FOR THE SOFTWARE PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING THE TWELVE END USER OR $5, WHICHEVER IS GREATER. CCH SFS is not an insurer with regard to performance of the Software. End User agrees to assume the risk for: (12a) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYall liabilities disclaimed by CCH SFS contained herein, and (b) all alleged damages in excess of the amount of the limited remedy provided hereunder. The allocations of liability in this Section 17 subsection 4.2 represent the agreed, bargained-for understanding of the parties and CCHCCH SFS’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bringTHE LIMITATION OF LIABILITY AND TYPES OF DAMAGES STATED IN THIS AGREEMENT ARE INTENDED BY THE PARTIES TO APPLY REGARDLESS OF THE FORM OF LAWSUIT OR CLAIM A PARTY MAY BRING, whether in tortWHETHER IN TORT, contract or otherwiseCONTRACT OR OTHERWISE, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purposeAND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability and Damages. NEITHER CCH NOR ITS VENDORS 9.1 THE CUSTOMER ACKNOWLEDGES AND LICENSORS AGREES THAT IN NO EVENT SHALL HAVE SOFTSENSE, ANY LIABILITY AFFILIATE OR ANY OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR REPRESENTATIVES OF SOFTSENSE BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR LOSS OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM DELAY, LOSS OF PROFITS, SALES, BUSINESS, DATAINJURY TO PERSON (EXCLUDING BODILY INJURY OR DEATH), OR OTHER INCIDENTALLOSS OF GOODWILL WHICH MAY ARISE IN CONNECTION WITH THE SOFTWARE, CONSEQUENTIALANY REVISIONS OR ADDITIONS THERETO, ANY COPIES THEREOF, THE EQUIPMENT, SOFTWARE SUPPORT SERVICES, EQUIPMENT WARRANTY PLAN OR SPECIAL LOSS OTHERWISE PERTAINING TO THIS AGREEMENT, EVEN IF SOFTSENSE HAS BEEN NOTIFIED OF THE POSSIBILITY OR DAMAGELIKELIHOOD OF SUCH DAMAGES OCCURRING, INCLUDING EXEMPLARY AND PUNITIVE DAMAGESBUT EXCLUDING SPECIFICALLY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES ARISING FROM OR RELATED TO SOFTSENSE'S BREACH, IF ANY, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT ITS OBLIGATIONS UNDER SECTION 8 OF THIS AGREEMENT, . THE PRODUCT, PARTIES AGREE THAT ANY LIMITATION OF LIABILITY SET FORTH IN THIS PARAGRAPH 9.1 SHALL SURVIVE IN FULL FORCE AND EFFECT DESPITE ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS FAILURE OF AN EXCLUSIVE REMEDY. 9.2 THE CUSTOMER AGREES THAT SOFTSENSE'S LIABILITY FOR DAMAGES TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF FOR ANY CAUSE WHATSOEVER RELATED TO THIS AGREEMENT, THE PRODUCTSOFTWARE, EQUIPMENT, SOFTWARE SUPPORT SERVICES, OR EQUIPMENT WARRANTY PLAN SERVICES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE OR STRICT LIABILITY, SHALL BE LIMITED TO ALL PAYMENTS RECEIVED BY SOFTSENSE FROM THE CUSTOMER HEREUNDER (NET OF EXPENSES, INCLUDING LICENSE FEES, PAID TO THIRD PARTIES ON BEHALF OF CUSTOMER) FOR THE PARTICULAR SOFTWARE PROGRAM, EQUIPMENT COMPONENT OR SUPPORT ACTIVITY THAT CAUSED THE DAMAGE OR THAT IS THE SUBJECT MATTER OF, OR IS DIRECTLY RELATED TO, THE CAUSE OF ACTION. THIS LIMITATION OF LIABILITY WILL NOT APPLY TO CLAIMS FOR PATENT OR COPYRIGHT INFRINGEMENT AS SET FORTH IN PARAGRAPH 4.5 NOR TO CLAIMS FOR BODILY INJURY, DEATH OR DAMAGE OR DESTRUCTION OR REAL OR PERSONAL PROPERTY NOR TO CLAIMS ARISING FROM OR RELATED TO ANY SERVICES RENDERED HEREUNDER BREACH BY SOFTSENSE OF ITS OBLIGATIONS UNDER SECTION 8 OF THIS AGREEMENT. IN NO EVENT WILL SOFTSENSE BE LIABLE FOR ANY AND ALL CLAIMS DAMAGES ARISING FROM PERFORMANCE OR TYPES NONPERFORMANCE OF DAMAGES THE SOFTWARE OR EQUIPMENT CAUSED BY THE CUSTOMER'S OR ANY THIRD PARTY'S FAILURE TO PERFORM ITS OR THEIR RESPONSIBILITIES. 9.3 SOFTSENSE SHALL NOT EXCEED BE HELD LIABLE OR RESPONSIBLE FOR MISUSE OF THE TOTAL FEES PAID SOFTWARE OR PAYABLE HEREUNDER USE OF THE SOFTWARE BY UNTRAINED PERSONNEL, FOR IMPROPER ENTRY OF DATA BY CUSTOMER DURING OR BY ITS EMPLOYEES OR AGENTS IN CONNECTION WITH THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING SOFTWARE OR FOR ANY PROBLEMS ENCOUNTERED IN CONNECTION WITH EQUIPMENT SUPPLIED BY SOFTSENSE OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, MISUSE OR INCORRECT OPERATION. THE FIRST EVENT GIVING RISE TO LIABILITYCUSTOMER UNDERSTANDS THAT THE USE OF ANY EQUIPMENT OUTSIDE THE MANUFACTURER'S RECOMMENDED SPECIFICATIONS MAY SERIOUSLY AFFECT THE PERFORMANCE OF THE SOFTWARE. The allocations of liability in this Section 17 represent the agreedSOFTSENSE SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR EXTERNAL ENVIRONMENTAL CONDITIONS THAT MAY AFFECT THE PERFORMANCE OF THE SOFTWARE OR EQUIPMENT INCLUDING, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bringBUT NOT LIMITED TO, whether in tortLOSS OR INTERRUPTION OF POWER, contract or otherwiseINTERRUPTION OR DEGRADATION OF PHONE LINE SERVICE OR INTEGRITY, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purposeOR OTHER SUCH FACTORS.

Limitation of Liability and Damages. NEITHER PARTY (AND, IN THE CASE OF CCH NOR SFS, ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS SHALL LICENSORS) WILL HAVE ANY LIABILITY TO CUSTOMER THE OTHER OR ANY THIRD PARTY (INCLUDING ANY CONTRACTOR, AGENT, AFFILIATE OR CLIENT OF CUSTOMER) FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENTAGREEMENT (OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY), THE PRODUCTPRODUCT(S), AND SUPPORT, ELECTRONIC FILING AND/OR ANY SERVICES RENDERED PROVIDED HEREUNDER. EXCLUDING CCHTHE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY WITH RESPECT TO ANY VIOLATION OF EITHER PARTY’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT RIGHTS AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, SET FORTH HEREIN. THE TOTAL LIABILITY OF CCH SFS AND ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY RESULTING FROM OR ARISING OUT OF THIS AGREEMENTAGREEMENT (OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY), THE PRODUCTPRODUCT(S), AND SUPPORT, ELECTRONIC FILING AND/OR ANY SERVICES RENDERED HEREUNDER PROVIDED HEREUNDER, FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES DAMAGES, SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING FOR THE TWELVE (12PRODUCT(S) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT OR SERVICES GIVING RISE TO LIABILITYSUCH CLAIM IN THE TWELVE- MONTH PERIOD PRECEDING THE DATE SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE. CCH SFS is not an insurer with regard to performance of the Product(s) or otherwise. Customer agrees to assume the risk for: (a) all liabilities disclaimed by CCH SFS herein, and (b) all alleged damages in excess of the amount of the limited remedy provided hereunder. The allocations of liability in this Section 17 subsection 8.4 represent the agreed, bargained-for understanding of the parties and CCH’s CCH SFS’ compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bringTHE LIMITATION OF LIABILITY AND TYPES OF DAMAGES STATED IN THIS AGREEMENT ARE INTENDED BY THE PARTIES TO APPLY REGARDLESS OF THE FORM OF LAWSUIT OR CLAIM A PARTY MAY BRING, whether in tortWHETHER IN TORT, contract or otherwiseCONTRACT OR OTHERWISE, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purposeAND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability and Damages. NEITHER CCH NOR PARTY (AND, IN THE CASE OF CCH, ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS SHALL LICENSORS) WILL HAVE ANY LIABILITY TO CUSTOMER THE OTHER OR ANY THIRD THIRD- PARTY (INCLUDING ANY CONTRACTOR, AGENT, AFFILIATE OR CLIENT OF CUSTOMER) FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTSOFTWARE, AND SUPPORT, ELECTRONIC FILING AND/OR ANY SERVICES RENDERED PROVIDED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS TO CUSTOMER OR ANY THIRD THIRD- PARTY RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTSOFTWARE, AND SUPPORT, ELECTRONIC FILING AND/OR ANY SERVICES RENDERED HEREUNDER PROVIDED HEREUNDER, FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES DAMAGES, SHALL NOT EXCEED THE TOTAL FEES IN THE ORDER FORM GIVING RISE TO THE CLAIM PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING FOR THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT SOFTWARE OR SERVICES GIVING RISE TO LIABILITYSUCH CLAIM IN THE TWELVE-MONTH PERIOD PRECEDING THE DATE SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE. CCH is not an insurer with regard to performance of the Software or otherwise. Customer agrees to assume the risk for: (a) all liabilities disclaimed by CCH herein, and (b) all alleged damages in excess of the amount of the limited remedy provided hereunder. The allocations of liability in this Section 17 subsection 8.4 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bringTHE LIMITATION OF LIABILITY AND TYPES OF DAMAGES STATED IN THIS AGREEMENT ARE INTENDED BY THE PARTIES TO APPLY REGARDLESS OF THE FORM OF LAWSUIT OR CLAIM A PARTY MAY BRING, whether in tortWHETHER IN TORT, contract or otherwiseCONTRACT OR OTHERWISE, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purposeAND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability and Damages. NEITHER CCH NOR (a) Nighthawk and you have considered the risks and rewards associated with this Agreement. Nighthawk and you agree to allocate certain of the risks so that, to the fullest extent permitted by law, Nighthawk’s total aggregate liability to you, if any, shall be limited to the lesser of $1,000.00 or the value of the Service provided by Nighthawk for the three (3) month period immediately preceding the filing or submission of a claim, suit, demand, action, cause of action, proceeding, demand, complaint, loss, grievance, injury, relief or liability (individually and collectively, “Claim”), regardless of the legal, equitable, statutory, or other theory under which such liability may be imposed. Nighthawk shall not be liable for any monetary or equitable relief associated with a Claim brought by another person or entity against you arising from, concerning, or relating to this Agreement or the business relationship between Nighthawk and you, regardless of the legal, equitable, statutory, or other theory under which such liability may be imposed. (b) NOTWITHSTANDING PARAGRAPH 5(A) ABOVE, IN NO EVENT SHALL NIGHTHAWK, OR ITS VENDORS AND LICENSORS SHALL HAVE ANY LIABILITY TO CUSTOMER DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, PARTNERS, AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES OR ANY THIRD PARTY FOR ANY LOSS OF PROFITSOTHER PERSON AND/OR ENTITY ACTING FOR, SALES, BUSINESS, DATAIN CONCERT WITH, OR OTHER ON BEHALF OF NIGHTHAWK (INDIVIDUALLY AND COLLECTIVELY, “NIGHTHAWK AFFILIATES”), BE LIABLE TO YOU FOR PERSONAL INJURY OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL EXEMPLARY DAMAGES, REGARDLESS OF THE LEGAL, EQUITABLE, STATUTORY, OR OTHER THEORY UNDER WHICH SUCH LIABILITY MAY BE IMPOSED (INCLUDING, BUT NOT LIMITED TO THIRD PARTY CLAIMS; DAMAGES CONCERNING OR RELATING TO DELAYS, MALFUNCTIONS, LOSS OF OR DAMAGE TO DATA, LOSS OF USE, INTERRUPTION OF SERVICE, LOSS OF ACTUAL OR PROSPECTIVE CONTRACTS, BUSINESS RELATIONS, REVENUE OR PROFITS, OR LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, DAMAGE TO REPUTATION OR GOODWILL; DAMAGES CONCERNING OR RELATING TO INJURY TO ANY PERSON OR DAMAGE TO ANY REAL OR PERSONAL PROPERTY; LOSS OF OR DAMAGE SUSTAINED AS A RESULT OF WORK STOPPAGE; DAMAGES CONCERNING OR RELATING TO ANY KIND OTHER COMMERCIAL OR NATURE RESULTING ECONOMIC LOSS; DAMAGES FOR ANY LOSSES WHATSOEVER ARISING FROM OR ARISING OUT RELATING TO THE USE OR RELIANCE UPON THE SERVICE), EVEN IF NIGHTHAWK OR THE NIGHTHAWK AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATION OF LIABILITY CONTAINED IN THIS PARAGRAPH 5(B) SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER AGREEMENT BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. The allocations of liability in this Section 17 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to 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 the Agreement fails of its essential purposeNIGHTHAWK.

Limitation of Liability and Damages. NEITHER CCH 10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ON CENTER, ITS OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES NOR ANYONE ELSE INVOLVED IN THE DEVELOPMENT, MANUFACTURE OR DISTRIBUTION OF THE SOFTWARE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY, PERSONAL PROPERTY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF TEXT OR DATA STORED IN OR USED WITH THE SOFTWARE AND/OR ANY RELATED SERVICES OR CONTENT ACCESSIBLE THROUGH OR IN CONNECTION WITH THE SOFTWARE, INCLUDING THE COST OF RECOVERING OR REPRODUCING THE TEXT OR DATA OR ANY OTHER PECUNIARY LOSS ARISING FROM OR OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, ANY RELATED SERVICES OR CONTENT ACCESSIBLE THROUGH OR IN CONNECTION WITH THE SOFTWARE AND/OR OTHERWISE. THIS LIABILITY LIMITATION APPLIES EVEN IF YOU OR ANYONE ELSE HAS ADVISED ON CENTER OR ANY OF ITS VENDORS AUTHORIZED REPRESENTATIVES OF THE POSSIBILITY OF SUCH DAMAGES AND LICENSORS SHALL HAVE EVEN IF ANY SUCH DAMAGE IS CAUSED BY, ARISES OUT OF OR RESULTS FROM THE ORDINARY, STRICT, SOLE OR CONTRIBUTORY NEGLIGENCE OF ON CENTER, ITS EMPLOYEES, AGENTS, CONTRACTORS OR AFFILIATES. SOME STATES DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. 10.2 ON CENTER'S TOTAL LIABILITY TO CUSTOMER OR ANY THIRD PARTY YOU FOR ACTUAL DAMAGES FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, CAUSE WHATSOEVER WILL BE LIMITED TO THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS AMOUNT PAID BY YOU FOR THE LICENSE AT ISSUE TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER ON CENTER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING PRIOR TO THE FIRST EVENT GIVING RISE TIME THAT SUCH CLAIM AROSE. 10.3 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO LIABILITYYOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. 10.4 YOUR RESPONSIBILITY TO PRESERVE AND PROTECT COMPUTER DATA, SOFTWARE, AND OTHER ELECTRONIC FILES: YOU UNDERSTAND AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO BACK UP AND PROTECT ALL DATA, SOFTWARE, INFORMATION AND OTHER FILES STORED IN ANY MANNER ON YOUR COMPUTER, PERIPHERALS, SMARTPHONE OR OTHER APPLICABLE HARDWARE PRIOR TO A SERVICE APPOINTMENT WITH A SERVICE TECHNICIAN. The allocations of liability in this Section 17 represent the agreedIF OUR SERVICE TECHNICIANS WORK WITH YOU ON ANY PASSWORD OR OTHER ACCESS ISSUES (IN CONNECTION WITH SUPPORT SERVICES OR BACKUP AND GO), bargainedWE STRONGLY RECOMMEND THAT YOU RESET SUCH PASSWORDS(S) OR ACCESS FEATURE(S) IMMEDIATELY. ON CENTER AND ITS THIRD-for understanding of the parties and CCH’s compensation hereunder reflects such allocationsPARTY SERVICE PROVIDERS SHALL NOT BE RESPONSIBLE AT ANY TIME FOR ANY SECURITY, LOSS, ALTERATION, OR CORRUPTION OF ANY OF YOUR SOFTWARE, SYSTEMS, DATA, OR FILES. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bringYOU ACKNOWLEDGE THAT THE INTERNET IS NOT A SECURE NETWORK AND THAT THIRD PARTIES MAY BE ABLE TO INTERCEPT, whether in tortACCESS, contract or otherwiseUSE, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purposeOR CORRUPT THE INFORMATION YOU TRANSMIT OR RECEIVE OVER THE INTERNET. YOU ALSO ACKNOWLEDGE THAT ON CENTER CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT DATA, SOFTWARE, OR OTHER ELECTRONIC FILES THAT MAY BE PROVIDED, SUGGESTED, ACCESSED OR OTHERWISE AVAILABLE FOR DOWNLOAD IN CONNECTION WITH THE SERVICE WILL BE FREE OF DEFECTS, INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING, MALICIOUS OR DESTRUCTIVE PROPERTIES. 10.5 THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS AGREEMENT.

Limitation of Liability and Damages. NEITHER CCH NOR ITS VENDORS IN NO EVENT WILL WE, OUR PARENT OR SUBSIDIARIES OR ANY OF OUR LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO YOU FOR; A) ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER (including, without limitation, damages for loss of business profits, business interruption, loss of business information, cost of delay, lost or inaccurate data and the like), WHETHER FORESEEABLE OR UNFORESEEABLE, arising out of the use of or inability to use the Solutions, Custom solutions, or accompanying written materials, the Services, or any other breach of this Agreement, regardless of the basis of the claim and even if We or Our representative had been advised of the possibility of such damage, B) DAMAGES (REGARDLESS OF THEIR NATURE) FOR ANY DELAY OR FAILURE BY US TO PERFORM ANY OBLIGATIONS UNDER THE AGREEMENT DUE TO ANY CAUSE THAT IS BEYOND OUR REASONABLE CONTROL, C) DAMAGES (REGARDLESS OF THEIR NATURE) THAT ARE THE RESULT OF THIRD-PARTY OPERATIONAL FACTORS, SUCH AS POWER DISRUPTION OR LOSS OF COMMUNICATION, D) CLAIMS THAT HAVE NOT NOTIFIED IN WRITING TO US MORE THAN ONE YEAR AFTER THE DATE ON WHICH CAUSE OF SUCH CLAIM FIRST AROSE. THIS LIMITATION WILL NOT APPLY IN CASE OF DEATH, PERSONAL INJURY AND LICENSORS SHALL HAVE ANY LOSS OF, DAMAGE TO OR DESTRUCTION OF, TANGIBLE PERSONAL PROPERTY ORDINARILY INTENDED FOR PRIVATE USE OR CONSUMPTION, OR WHEN THE CAUSE OF THE DAMAGE IS GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, BUT NOTE THAT TO THE MAXIMUM EXTENT PERMITTED, THE SUBSTANTIVE LAW GOVERNING THIS AGREEMENT IS DEFINED IN PROVISION 19.1 AND MAY NOT BE THE LAW OF YOUR JURISDICTION. OUR LIABILITY TO CUSTOMER OR ANY THIRD PARTY YOU FOR DAMAGES FOR ANY LOSS CAUSE WHATSOEVER, AND REGARDLESS OF PROFITSTHE FORM OF THE ACTION, SALESWILL BE LIMITED TO THE MONEY ACTUALLT PAID BY YOU, BUSINESSFOR THE SOLUTIONS, DATA, CUSTOM SOLUTION OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE SERVICE THAT CAUSED THE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, IN THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING THE TWELVE (12) 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYRESPECIVE CLAIM. The allocations of liability in this Section 17 represent the agreedIF YOU HAVE CONCLUDED A PROCESSING AGREEMENT WITH US, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to 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 the Agreement fails of its essential purposeLIABILITY FOR PERSONAL DATA THAT FALLS UNDER THE SCOPE OF THAT AGREEMENT WILL ALSO BE GOVERNED BY SOME ADDITIONAL TERMS OF THE PROCESSING AGREEMENT.

Limitation of Liability and Damages. NEITHER CCH NOR WOLTERS KLUWER NOT ITS VENDORS AND SUPPLIERS OR LICENSORS SHALL HAVE ANY LIABILITY LIABILUTY TO CUSTOMER OR ANY THIRD PARTY (INCLUDING WITHOUT LIMITATIONS, ANY CONTRACTOR, AGENT OR AFFILIATE OF CUSTOMER) FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, DAMAGE INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTCCH Portal SOFTWARE, AND ANY SERVICES RENDERED HEREUNDERAND/OR DELIVERABLES. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH WOLTERS KLUWER AND ITS VENDORS SUPPLIERS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTCCH Portal SOFTWARE, AND ANY SERVICES RENDERED HEREUNDER AND/OR DELIVERABLES FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. Wolters Kluwer is not an insurer with regard to performance of the CCH Portal Software or Deliverables. Customer agrees to assume the risk for: (a) all liabilities disclaimed by Wolters Kluwer contained herein, and (b) all alleged damages in excess of the amount of the limited remedy provided hereunder. The allocations of liability in this Section 17 subsection 8.4 represent the agreed, bargained-for bargained‐for understanding of the parties and CCH’s Wolters Kluwer compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bringTHE LIMITATIONS OF LIABILITY AND TYPES OF DAMAGES STATED IN THIS AGREEMENT ARE INTENDED BY THE PARTIES TO APPLY REGARDLESS OF THE FORM OF LAWSUIT OR CLAIM A PARTY MAY BRING, whether in tortWHETHER IN TORT, contract or otherwiseCONTRACT OR OTHERWISE, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purposeAND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability and Damages. NEITHER CCH NOR ITS VENDORS AND LICENSORS IN NO EVENT SHALL HAVE A DISCLAIMING ENTITY (AS DEFINED ABOVE) BE LIABLE FOR ANY LIABILITY TO CUSTOMER LOST PROFITS, LOSS OF DATA, OR ANY THIRD PARTY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THIS AGREEMENT OR THE NORAMP SERVICES, INCLUDING, WITHOUT LIMITATION, THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE NORAMP SERVICES. UNDER NO CIRCUMSTANCES WILL ANY OF THE DISCLAIMING ENTITIES BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE NORAMP SERVICES OR YOUR NORAMP SERVICES ACCOUNT, OR THE INFORMATION CONTAINED THEREIN. THE DISCLAIMING ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE NORAMP SERVICES; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS USED IN CONNECTION WITH THE NORAMP SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE NORAMP SERVICES; (IV) ANY SOFTWARE BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE NORAMP SERVICES; (V) ANY ERRORS, INACCURACIES OR OMISSIONS IN ANY CONTENT OR INFORMATION, FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF PROFITSTHE USE OF ANY CONTENT OR INFORMATION, SALESIN EACH CASE POSTED, BUSINESSEMAILED, DATASTORED, TRANSMITTED, OR OTHER INCIDENTALOTHERWISE MADE AVAILABLE THROUGH THE NORAMP SERVICES; AND/OR (VI) USER CONTENT OR THE DEFAMATORY, CONSEQUENTIALOFFENSIVE, OR SPECIAL LOSS OR DAMAGEILLEGAL CONDUCT OF ANY THIRD PARTY. WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION, INCLUDING EXEMPLARY AND PUNITIVE THE DISCLAIMING ENTITIES’ CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES EVENTS SHALL NOT EXCEED IN THE TOTAL AGGREGATE THE AMOUNT OF FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER YOU TO NORAMP DURING THE TWELVE THREE (123) MONTHS MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. The allocations of liability in this Section 17 represent the agreedTHIS LIMITATION OF LIABILITY SECTION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocationsINCLUDING, WITHOUT LIMITATION, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS. THE LIMITATIONS APPLY EVEN IF NORAMP OR THE PROCESSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE PROVISIONS OF THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. The limitation of liability NoRamp Services are controlled and types of damages stated operated from facilities in the Agreement United States. We make no representations that the NoRamp Services are intended appropriate or available for use in other locations. Those who access or use the NoRamp Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and foreign and local laws and regulations, including, but not limited to, export and import regulations. You may not use the NoRamp Services if you are a resident of a sanctioned country embargoed by the parties to 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 the Agreement fails of its essential purposeUnited States.

Limitation of Liability and Damages. NEITHER CCH CONTRACTOR NOR ITS VENDORS AND LICENSORS SHALL HAVE ANY LIABILITY TO CUSTOMER CLIENT OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTPRODUCTS, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH CONTRACTOR AND ITS VENDORS AND LICENSORS TO CUSTOMER CLIENT OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCTPRODUCTS, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER CLIENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. SHIPPING TERMS ARE FOB SHIPPING POINT. TOSHIBA IS NOT RESPONSIBLE FOR DAMAGES INCURRED IN CONNECTION WITH THE PACKAGING, SHIPMENT OR DELIVERY OF DOCUMENTS, FILES OR BOXES FROM CLIENT LOCATION TO CONTRACTOR. The allocations of liability in this Section 17 21 represent the agreed, bargained-for understanding of the parties and CCHContractor’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the this Agreement are intended by the parties to 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 the this Agreement fails of its essential purpose.

Limitation of Liability and Damages. NEITHER CCH NOR Nighthawk and you have considered the risks and rewards associated with this Agreement. Nighthawk and you agree to allocate certain of the risks so that, to the fullest extent permitted by law, Nighthawk’s total aggregate liability to you, if any, shall be limited to the lesser of $1,000.00 or the value of the Service provided by Nighthawk for the three (3) month period immediately preceding the filing or submission of a claim, suit, demand, action, cause of action, proceeding, demand, complaint, loss, grievance, injury, relief or liability (individually and collectively, “Claim”), regardless of the legal, equitable, statutory, or other theory under which such liability may be imposed. Nighthawk shall not be liable for any monetary or equitable relief associated with a Claim brought by another person or entity against you arising from, concerning, or relating to this Agreement or the business relationship between Nighthawk and you, regardless of the legal, equitable, statutory, or other theory under which such liability may be imposed. NOTWITHSTANDING PARAGRAPH 5(A) ABOVE, IN NO EVENT SHALL NIGHTHAWK, OR ITS VENDORS AND LICENSORS SHALL HAVE ANY LIABILITY TO CUSTOMER DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, PARTNERS, AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES OR ANY THIRD PARTY FOR ANY LOSS OF PROFITSOTHER PERSON AND/OR ENTITY ACTING FOR, SALES, BUSINESS, DATAIN CONCERT WITH, OR OTHER ON BEHALF OF NIGHTHAWK (INDIVIDUALLY AND COLLECTIVELY, “NIGHTHAWK AFFILIATES”), BE LIABLE TO YOU FOR PERSONAL INJURY OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL EXEMPLARY DAMAGES, REGARDLESS OF THE LEGAL, EQUITABLE, STATUTORY, OR OTHER THEORY UNDER WHICH SUCH LIABILITY MAY BE IMPOSED (INCLUDING, BUT NOT LIMITED TO THIRD PARTY CLAIMS; DAMAGES CONCERNING OR RELATING TO DELAYS, MALFUNCTIONS, LOSS OF OR DAMAGE TO DATA, LOSS OF USE, INTERRUPTION OF SERVICE, LOSS OF ACTUAL OR PROSPECTIVE CONTRACTS, BUSINESS RELATIONS, REVENUE OR PROFITS, OR LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, DAMAGE TO REPUTATION OR GOODWILL; DAMAGES CONCERNING OR RELATING TO INJURY TO ANY PERSON OR DAMAGE TO ANY REAL OR PERSONAL PROPERTY; LOSS OF OR DAMAGE SUSTAINED AS A RESULT OF WORK STOPPAGE; DAMAGES CONCERNING OR RELATING TO ANY KIND OTHER COMMERCIAL OR NATURE RESULTING ECONOMIC LOSS; DAMAGES FOR ANY LOSSES WHATSOEVER ARISING FROM OR ARISING OUT RELATING TO THE USE OR RELIANCE UPON THE SERVICE), EVEN IF NIGHTHAWK OR THE NIGHTHAWK AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATION OF LIABILITY CONTAINED IN THIS PARAGRAPH 5(B) SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER AGREEMENT BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. The allocations of liability in this Section 17 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to 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 the Agreement fails of its essential purposeNIGHTHAWK.

Limitation of Liability and Damages. NEITHER CCH NOR SFS (AND ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS, AND LICENSORS SHALL LICENSORS) WILL HAVE ANY NO LIABILITY TO CUSTOMER THE END USER OR ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY CONTRACTOR, AGENT, AFFILIATE OR CLIENT OF END USER) FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, AGREEMENT AND/OR THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDERSOFTWARE. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH SFS (AND ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS, AND LICENSORS LICENSORS) TO CUSTOMER END USER OR ANY THIRD PARTY RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, AGREEMENT AND/OR THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER SOFTWARE FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES FOR THE SOFTWARE PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING THE TWELVE END USER OR $5, WHICHEVER IS GREATER. CCH SFS is not an insurer with regard to performance of the Software. End User agrees to assume the risk for: (12a) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYall liabilities disclaimed by CCH SFS contained herein, and (b) all alleged damages in excess of the amount of the limited remedy provided hereunder. The allocations of liability in this Section 17 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to 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 the Agreement fails of its essential purpose.subsection

Limitation of Liability and Damages. NEITHER CCH NOR THE ENTIRE CUMULATIVE LIABILITY OF TRELLIS TECHNOLOGIES AND ITS VENDORS SUPPLIERS FOR ALL MATTERS ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR SERVICES, AS APPLICABLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRELLIS TECHNOLOGIES AND LICENSORS ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF TRELLIS TECHNOLOGIES, ITS SUPPLIERS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL TRELLIS TECHNOLOGIES BE LIABLE FOR ANY LOSS, COST, LIABILITY OR DAMAGE INCURRED AS A RESULT OF YOUR RECEIPT OF OR PARTICIPATION IN ANY THIRD PARTY SERVICES, THIRD PARTY WEBSITES, OR SERVICES. IN NO EVENT DOES TRELLIS TECHNOLOGIES ASSUME ANY LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR THAN YOU ARISING OUT OF THIS AGREEMENT, YOUR USE OR INABILITY TO USE THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDERSOFTWARE OR SERVICES. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES LIMITATIONS OF DAMAGES SHALL SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRELLIS TECHNOLOGIES AND YOU. TRELLIS TECHNOLOGIES WOULD NOT EXCEED BE ABLE TO HAVE PROVIDED THE TOTAL FEES PAID SOFTWARE OR PAYABLE HEREUNDER BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. The allocations of liability in this Section 17 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to 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 the Agreement fails of its essential purposeSERVICES WITHOUT SUCH LIMITATIONS.

Limitation of Liability and Damages. NEITHER CCH NOR (a) TO THE MAXIMUM EXTENT PERMITTED BY LAW: EXCEPT FOR CLAIMS FOR DEATH OR BODILY INJURY, T2, ITS VENDORS THIRD PARTY SUPPLIERS’ AND LICENSORS SHALL HAVE ANY THEIR RESPECTIVE REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY TO CUSTOMER ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, AND/OR ANY PRODUCTS OR SERVICES DELIVERED OR FAILED TO BE DELIVERED UNDER THIS AGREEMENT, SHALL BE LIMITED TO THE ACTUAL DIRECT DAMAGES SUFFERED BY CUSTOMER, NOT TO EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM. (b) IN NO EVENT WILL T2 OR ITS THIRD PARTY SUPPLIERS BE LIABLE IN ANY WAY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR AGGRAVATED DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITSUSE, SALESDATA, INCOME, BUSINESS, DATAPROFIT, GOODWILL, ANTICIPATED REVENUE, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHERWISE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTORY RIGHTS OR ANY OTHER INCIDENTAL, CONSEQUENTIALBASIS ARISING OUT OF CUSTOMER’S USE OF THE PRODUCTS, OR SPECIAL LOSS OTHERWISE ARISING PURSUANT TO THIS AGREEMENT. (c) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DUE TO THE NATURE OF INTERNET AND WIRELESS TRANSMISSIONS, CUSTOMER AGREES THAT NEITHER T2 NOR THE UNDERLYING WIRELESS DATA SERVICES CARRIER SHALL BE LIABLE FOR ANY LOSS, COSTS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, DAMAGES OF ANY KIND ARISING OUT OF OR NATURE RESULTING FROM IN CONNECTION WITH: ANY LACK OF PRIVACY OR SECURITY OF WIRELESS TRANSMISSIONS; SERVICES INTEROPERABILITY, ACCESS OR INTERCONNECTIONS WITH THE T2 SERVICES; SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR INTERRUPTIONS; ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS; LOST OR ALTERED MESSAGES OR TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF CUSTOMER’S CONTENT, DATA, PROGRAMS CONFIDENTIAL INFORMATION OR SYSTEMS. (d) NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER AGREEMENT MAY BE BROUGHT BY CUSTOMER DURING THE MORE THAN TWELVE (12) MONTHS IMMEDIATELY PRECEDING AFTER THE FIRST EVENT FACTS GIVING RISE TO THE CAUSE OF ACTION HAVE OCCURRED, REGARDLESS OF WHETHER THOSE FACTS BY THAT TIME ARE KNOWN TO, OR OUGHT REASONABLY TO HAVE BEEN DISCOVERED BY, CUSTOMER. (e) THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, AND REGARDLESS OF WHETHER T2, ITS THIRD PARTY SUPPLIERS AND/OR THEIR REPRESENTATIVES KNEW, OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES. (f) CUSTOMER AGREES THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT, WITHOUT WHICH T2 WOULD NOT HAVE ENTERED INTO THIS AGREEMENT AND/OR AGREED TO PROVIDE THE PRODUCTS AND/OR SERVICES UNDER THE CURRENT TERMS (INCLUDING FEES). (g) THIS SECTION SHALL APPLY TO ANY ACTION OR ARBITRATION HEREUNDER. The allocations of liability in this Section 17 represent the agreedBECAUSE THE LAWS OF SOME LOCATIONS DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to 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 the Agreement fails of its essential purposeTHE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ALL CUSTOMERS.

Limitation of Liability and Damages. NEITHER CCH NOR ITS VENDORS AND LICENSORS UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL HAVE ANY LIABILITY THE INDEMNIFIED PARTIES BE LIABLE TO CUSTOMER OR ANY THIRD PARTY YOU FOR ANY LOSS OF PROFITSSPECIAL, SALESINDIRECT, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR DAMAGETHE INABILITY TO USE THE SHEMOGUL MEDIA MATERIALS ON THE SITE OR THE SERVICES THEMSELVES, INCLUDING EXEMPLARY AND PUNITIVE OR ANY OTHER INTERACTIONS WITH SHEMOGUL MEDIA, EVEN IF SHEMOGUL MEDIA OR A SHEMOGUL MEDIA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE INDEMNIFIED PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE INDEMNIFIED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ANY KIND OR NATURE RESULTING FROM OR ACTION ARISING OUT OF THIS AGREEMENTOR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, THE PRODUCTTORT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 WARRANTY, OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT OTHERWISE) EXCEED THE TOTAL FEES AMOUNTS ACTUALLY PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING YOU TO SHEMOGUL MEDIA IN THE TWELVE (12) MONTHS MONTH IMMEDIATELY PRECEDING THE FIRST EVENT EVENTS GIVING RISE TO LIABILITYTHE APPLICABLE CLAIM. The allocations of liability in this Section 17 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocationsTHESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY ITEMS SOLD TO YOU BY THIRD PARTIES OTHER THAN SHEMOGUL MEDIA AND RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SITE. The limitation of liability and types of damages stated in the Agreement are intended by the parties to 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 the Agreement fails of its essential purposeTHE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SHEMOGUL MEDIA AND YOU.

Limitation of Liability and Damages. NEITHER CCH NOR PARTY (AND, IN THE CASE OF CCH, ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS SHALL LICENSORS) WILL HAVE ANY LIABILITY TO CUSTOMER THE OTHER OR ANY THIRD PARTY (INCLUDING ANY CONTRACTOR, AGENT, AFFILIATE OR CLIENT OF CUSTOMER) FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTSOFTWARE TOOLS, AND SUPPORT, ELECTRONIC FILING AND/OR ANY SERVICES RENDERED PROVIDED HEREUNDER. EXCLUDING CCHTHE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY WITH RESPECT TO ANY VIOLATION OF EITHER PARTY’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT RIGHTS AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, SET FORTH HEREIN. THE TOTAL LIABILITY OF CCH AND ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTSOFTWARE TOOLS, AND SUPPORT, ELECTRONIC FILING AND/OR ANY SERVICES RENDERED HEREUNDER PROVIDED HEREUNDER, FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES DAMAGES, SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING FOR THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT SOFTWARE TOOLS OR SERVICES GIVING RISE TO LIABILITYSUCH CLAIM IN THE TWELVE-MONTH PERIOD PRECEDING THE DATE SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE. CCH is not an insurer with regard to performance of the Software Tools or otherwise. Customer agrees to assume the risk for: (a) all liabilities disclaimed by CCH herein, and (b) all alleged damages in excess of the amount of the limited remedy provided hereunder. The allocations of liability in this Section 17 subsection 8.4 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bringTHE LIMITATION OF LIABILITY AND TYPES OF DAMAGES STATED IN THIS AGREEMENT ARE INTENDED BY THE PARTIES TO APPLY REGARDLESS OF THE FORM OF LAWSUIT OR CLAIM A PARTY MAY BRING, whether in tortWHETHER IN TORT, contract or otherwiseCONTRACT OR OTHERWISE, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purposeAND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability and Damages. NEITHER CCH NOR YOU UNDERSTAND THAT INTUIT WILL NOT AUDIT OR OTHERWISE VERIFY ANY INFORMATION YOU PROVIDE, AND IS NOT RESPONSIBLE FOR DISALLOWED DEDUCTIONS, OR THE INCLUSION OF ADDITIONAL UNREPORTED INCOME OR RESULTING TAXES, PENALTIES OR INTEREST. EXCEPT FOR THE REIMBURSEMENT FOR CALCULATION ERRORS DESCRIBED IN SECTION 6 OF THESE SUPPLEMENTAL TERMS, THE ENTIRE CUMULATIVE LIABILITY OF INTUIT AND ITS VENDORS AND LICENSORS SHALL HAVE ANY LIABILITY TO CUSTOMER OR ANY THIRD PARTY SUPPLIERS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED AS SET FORTH IN SECTION 8 OF THE GENERAL TERMS. INTUIT SHALL NOT BE LIABLE LOSS OF PROFITSPROFITS OR INVESTMENT, SALESTAX POSITIONS TAKEN BY YOU, BUSINESSINABILITY TO FILE YOUR RETURN, DATADELAY IN PREPARING YOUR TAX RETURN, INCORRECT OR INCOMPLETE INFORMATION PROVIDED TO INTUIT, ANY ACCESS TO, OR USE OF, YOUR PASSWORD AND USER ID BY AN UNAUTHORIZED PERSON. INTUIT SHALL BE NOT BE LIABLE FOR ANY DEFAULT OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT ITS PERFORMANCE IS DELAYED OR PREVENTED DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, SUCH AS ACTS OF GOD, NATURAL DISASTERS, TERRORIST ACTS, WAR OR OTHER INCIDENTALHOSTILITIES, CONSEQUENTIALLABOR DISPUTES, CIVIL DISTURBANCES, THE ACTIONS OR OMISSIONS OF THIRD PARTIES, ELECTRICAL OR COMMUNICATION SYSTEM FAILURES, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. The allocations of liability in this Section 17 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to 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 the Agreement fails of its essential purposeGOVERNMENTAL ACTION.

Limitation of Liability and Damages. NEITHER CCH NOR PARTY (AND, IN THE CASE OF CCH, ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS SHALL LICENSORS) WILL HAVE ANY LIABILITY TO CUSTOMER THE OTHER OR ANY THIRD PARTY (INCLUDING ANY CONTRACTOR, AGENT, AFFILIATE OF CUSTOMER) FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTAPPLICATION, AND SUPPORT AND/OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY WITH RESPECT TO ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCHVIOLATION OF EITHER PARTY’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT RIGHTS AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, SET FORTH HEREIN. THE TOTAL LIABILITY OF CCH AND ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTAPPLICATION, AND ANY SUPPORT AND/OR SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES FOR THE APPLICATION OR SERVICES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING IN THE TWELVE (12) MONTHS IMMEDIATELY TWELVE-MONTH PERIOD PRECEDING THE DATE SUCH CLAIM OR CAUSE OF ACTION FIRST EVENT GIVING RISE TO LIABILITYAROSE. CCH is not an insurer with regard to performance of the Application. Customer agrees to assume the risk for: (a) all liabilities disclaimed by CCH herein, and (b) all alleged damages in excess of the amount of the limited remedy provided hereunder. The allocations of liability in this Section 17 subsection 8.4 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bringTHE LIMITATION OF LIABILITY AND TYPES OF DAMAGES STATED IN THIS AGREEMENT ARE INTENDED BY THE PARTIES TO APPLY REGARDLESS OF THE FORM OF LAWSUIT OR CLAIM A PARTY MAY BRING, whether in tortWHETHER IN TORT, contract or otherwiseCONTRACT OR OTHERWISE, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purposeAND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability and Damages. NEITHER CCH NOR PARTY (AND, IN THE CASE OF CCH, ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS SHALL LICENSORS) WILL HAVE ANY LIABILITY TO CUSTOMER THE OTHER OR ANY THIRD PARTY (INCLUDING ANY CONTRACTOR, AGENT, AFFILIATE OF CUSTOMER) FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTSOFTWARE, AND SUPPORT, ELECTRONIC FILING AND/OR ANY SERVICES RENDERED PROVIDED HEREUNDER. EXCLUDING CCHTHE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY WITH RESPECT TO ANY VIOLATION OF EITHER PARTY’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT RIGHTS AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, SET FORTH HEREIN. THE TOTAL LIABILITY OF CCH AND ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTSOFTWARE, AND SUPPORT, ELECTRONIC FILING AND/OR ANY SERVICES RENDERED HEREUNDER PROVIDED HEREUNDER, FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES DAMAGES, SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING FOR THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT SOFTWARE OR SERVICES GIVING RISE TO LIABILITYSUCH CLAIM IN THE TWELVE-MONTH PERIOD PRECEDING THE DATE SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE. CCH is not an insurer with regard to performance of the Software or otherwise. Customer agrees to assume the risk for: (a) all liabilities disclaimed by CCH herein, and (b) all alleged damages in excess of the amount of the limited remedy provided hereunder. The allocations of liability in this Section 17 subsection 8.4 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bringTHE LIMITATION OF LIABILITY AND TYPES OF DAMAGES STATED IN THIS AGREEMENT ARE INTENDED BY THE PARTIES TO APPLY REGARDLESS OF THE FORM OF LAWSUIT OR CLAIM A PARTY MAY BRING, whether in tortWHETHER IN TORT, contract or otherwiseCONTRACT OR OTHERWISE, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purposeAND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability and Damages. NEITHER CCH NOR ITS VENDORS AND LICENSORS (a) EXCEPT TO THE EXTENT DIRECT FORESEEABLE DAMAGES, IN NO EVENT SHALL HAVE DIVERSINET BE LIABLE FOR ANY LIABILITY TO CUSTOMER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY COMMERCIAL DAMAGES OR LOSSES) AS A RESULT OF THE USE, SALE OR DISTRIBUTION OF THE BUNDLED PRODUCT, WHETHER BY WAY OF A LEGAL THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR ANY THIRD PARTY FOR OTHER THEORY, EVEN IF DIVERSINET HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. (b) RESELLER WAIVES ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, RIGHT IT MAY HAVE TO RECEIVE ANY COMPENSATION OR OTHER INCIDENTAL, CONSEQUENTIAL, REPARATIONS ON TERMINATION OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT EXPIRATION OF THIS AGREEMENTAGREEMENT UNDER THE LAW OF THE TERRITORY OR OTHERWISE, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT OTHER THAN AS EXPRESSLY PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT. THE PARTIES ACKNOWLEDGE THAT THIS SECTION HAS BEEN INCLUDED AS A MATERIAL INDUCEMENT FOR DIVERSINET TO ENTER INTO THIS AGREEMENT AND THAT DIVERSINET WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR THE LIMITATIONS OF LIABILITY AS SET FORTH HEREIN. (c) The availability of the MobiSecure™ Strong Authentication service depends on many factors, including Customer’s connection to the Internet, End Users’ connection to the Internet, the availability of the Internet and the Internet backbone and equipment that, by its nature, is not fault tolerant. Diversinet does not and cannot control the flow of data to or from Diversinet’s network and other portions of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inaction of such third parties can impair or disrupt Customers’ connections to the Internet (or portions thereof). Although Diversinet will use commercially reasonable efforts to take all actions it deems appropriate to remedy and avoid such events, Diversinet cannot guarantee that such events will not occur. Accordingly, Diversinet shall have no responsibility for any failure to meet the requirements hereunder, with respect to performance issues, including without limitation: (i) caused by factors outside of Diversinet’s reasonable control; (ii) that result from any actions or omissions of Customers, End Users or any third parties; (iii) that result from Customers’ equipment and/or third party equipment (not within the sole control of Diversinet); (iv) caused by any act or failure to act by Customer or as a result of any Third Party Software. (d) NOTWITHSTANDING THE ABOVE, IN NO EVENT SHALL DIVERSINET’S LIABILITY RELATING TO THIS AGREEMENT (OR THE BUNDLED PRODUCT) EXCEED ONE HUNDRED PERCENT (100%) OF THE AGGREGATE AMOUNT OF THE LICENSE FEES, ROYALTIES AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL SUPPORT FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING RESELLER IN THE TWELVE (12) MONTHS IMMEDIATELY MONTH PERIOD PRECEDING THE FIRST EVENT OR CIRCUMSTANCE GIVING RISE TO LIABILITYTHE ALLEGED LIABILITY ON THE PART OF DIVERSINET. (e) The limitations set forth in Section 15(a), (b), (c), (d) and (e) shall not apply in respect of (i) breach of confidentiality obligations; (ii) breach of privacy provisions as detailed in Schedule 6; (iii) the intellectual property indemnity; (iv) any Abandonment committed by Diversinet; or (v) any willful gross misconduct (including fraud). The allocations of liability in this Section 17 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to 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 the Agreement fails of its essential purpose.“

Limitation of Liability and Damages. NEITHER CCH NOR ITS VENDORS AND LICENSORS IN NO EVENT SHALL HAVE A DISCLAIMING ENTITY (AS DEFINED ABOVE) BE LIABLE FOR ANY LIABILITY TO CUSTOMER LOST PROFITS, LOSS OF DATA, OR ANY THIRD PARTY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THIS AGREEMENT OR THE PAYMENTS SERVICES, INCLUDING, WITHOUT LIMITATION, THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE PAYMENTS SERVICES. UNDER NO CIRCUMSTANCES WILL ANY OF THE DISCLAIMING ENTITIES BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PAYMENTS SERVICES OR YOUR PAYMENTS ACCOUNT, OR THE INFORMATION CONTAINED THEREIN. THE DISCLAIMING ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE PAYMENTS SERVICES; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS USED IN CONNECTION WITH THE PAYMENTS SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PAYMENTS SERVICES; (IV) ANY SOFTWARE BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE PAYMENTS SERVICES; (V) ANY ERRORS, INACCURACIES OR OMISSIONS IN ANY CONTENT OR INFORMATION, FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF PROFITSTHE USE OF ANY CONTENT OR INFORMATION, SALESIN EACH CASE POSTED, BUSINESSEMAILED, DATASTORED, TRANSMITTED, OR OTHER INCIDENTALOTHERWISE MADE AVAILABLE THROUGH THE PAYMENTS SERVICES; AND/OR (VI) USER CONTENT OR THE DEFAMATORY, CONSEQUENTIALOFFENSIVE, OR SPECIAL LOSS OR DAMAGEILLEGAL CONDUCT OF ANY THIRD PARTY. WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION, INCLUDING EXEMPLARY AND PUNITIVE THE DISCLAIMING ENTITIES’ CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES EVENTS SHALL NOT EXCEED IN THE TOTAL AGGREGATE THE AMOUNT OF FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER YOU TO SMARTPAYMENTS DURING THE TWELVE THREE (123) MONTHS MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. The allocations of liability in this Section 17 represent the agreedTHIS LIMITATION OF LIABILITY SECTION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocationsINCLUDING, WITHOUT LIMITATION, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS. THE LIMITATIONS APPLY EVEN IF SMARTPAYMENTS OR THE PROCESSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE PROVISIONS OF THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. The limitation Payments Services are controlled and operated from facilities in Estonia. We make no representations that the Payments Services are appropriate or available for use in other locations. Those who access or use the Payments Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable foreign and local laws and regulations, including, but not limited to, export and import regulations. You may not use the Payments Services if you are a resident of liability and types of damages stated in the Agreement a sanctioned country or are intended by the parties to apply regardless of the form of lawsuit a foreign person or claim a party may bring, whether in tort, contract entity blocked or otherwise, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purposedenied.

Limitation of Liability and Damages. NEITHER CCH NOR ITS VENDORS AND LICENSORS SHALL HAVE ANY LIABILITY TO CUSTOMER OR ANY THIRD PARTY You acknowledge that the operation and availability of the communications systems used for accessing and interacting with the Services or to transmit information to the taxing authorities (e.g., the public telephone, computer networks and the Internet) can be unpredictable and may, from time to time, interfere with or prevent access to Services or their operation. TaxSlayer is not in any way responsible for any such interference with or prevention of your use of or access to Services. YOU AGREE THAT YOU WILL NOT HOLD TaxSlayer LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF PROFITSYOUR PARTICIPATION IN THIRD PARTY SERVICES. ADDITIONALLY, SALESEXCEPT FOR THE ABOVE REIMBURSEMENT FOR CALCULATION ERRORS, YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF TaxSlayer AND THE PARTICIPATING PARTIES FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES OR THE THIRD PARTY SERVICES, AS APPLICABLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TaxSlayer AND THE PARTICIPATING PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF PROFITS OR OTHER INCIDENTALINVESTMENT OR THE LIKE), CONSEQUENTIALWHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR SPECIAL LOSS OTHERWISE, EVEN IF TaxSlayer OR DAMAGETHE PARTICIPATING PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, INCLUDING EXEMPLARY so the above limitation or exclusion may not apply to you. The limitations of damages or liability set forth in this Agreement are fundamental elements of the basis of the bargain between TaxSlayer and you. You acknowledge and agree that TaxSlayer would not be able to provide this product on an economic basis without such limitations. DISPUTE RESOLUTION WE HOPE TO MAKE YOU A HAPPY CUSTOMER, BUT IF THERE'S AN ISSUE THAT NEEDS TO BE RESOLVED, THIS SECTION OUTLINES WHAT'S EXPECTED OF BOTH OF US. YOU AND PUNITIVE DAMAGESTaxSlayer BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION. YOU UNDERSTAND AND AGREE THAT IN SUCH ARBITRATION YOU ARE LIMITED TO THE LIMITATIONS, REMEDIES AND DAMAGES OTHERWISE SET OUT IN THIS AGREEMENT. YOU UNDERSTAND THAT BY THIS AGREEMENT YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF A JURY. WHILE THE PROCEDURES MAY BE DIFFERENT, AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. IF THE PRODUCTLAW ALLOWS FOR AN AWARD OF ATTORNEYS' FEES, AND ANY SERVICES RENDERED HEREUNDERAN ARBITRATOR CAN AWARD THEM TOO. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. The allocations of liability in this Section 17 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to 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 the Agreement fails of its essential purpose.WE ALSO BOTH AGREE THAT:

Limitation of Liability and Damages. NEITHER CCH NOR YOU AGREE NOT TO HOLD INTUIT AND ITS VENDORS AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF THE SERVICE. ADDITIONALLY, EXCEPT FOR THE REIMBURSEMENT FOR ADVICE ERRORS DESCRIBED ABOVE WHICH IS YOUR EXCLUSIVE REMEDY, INTUIT AND LICENSORS SHALL ITS REPRESENTATIVES ASSUME NO LIABILITY FOR ANY REASON RELATED TO THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT AND ITS AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS, CORRUPTION OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF INTUIT OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT DOES INTUIT ASSUME ANY LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR THAN YOU ARISING OUT OF THIS AGREEMENTYOUR USE OF THE SERVICE. Some provinces do not allow the limitation and/or exclusion of liability for incidental or consequential damages, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYso the above limitation or exclusion may not apply to you. The allocations limitations of damages or liability and the disclaimers of warranties set forth in this Section 17 represent the agreed, bargained-for understanding Agreement are fundamental elements of the parties basis of the bargain between Intuit and CCH’s compensation hereunder reflects you. You acknowledge and agree that Intuit would not be able to provide the Service on an economic basis without such allocationslimitations and that Intuit provides the Service in reliance upon such limitations of damages and liability and disclaimers of warranties. The limitation details of liability and types of damages stated in the Agreement Intuit's privacy statement are intended by the parties to 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 the Agreement fails of its essential purpose.available at: xxxx://xxx.xxxxxx.xx/about-intuit- canada/info/privacy-policy.jsp

Limitation of Liability and Damages. NEITHER CCH NOR ITS VENDORS AND LICENSORS SHALL HAVE YOU AGREE THAT IN NO EVENT WILL CITYCARE BE LIABLE FOR ANY LOSS, COST, LIABILITY TO CUSTOMER OR ANY DAMAGE INCURRED AS A RESULT OF YOUR USE OF THE SERVICES OR PARTICIPATION IN THIRD PARTY SERVICES. THE ENTIRE CUMULATIVE LIABILITY OF CITYCARE, CITYCARE'S AFFILIATES AND ITS SUPPLIERS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED AS PROVIDED UNDER THE MERCHANT AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CITYCARE, ITS AFFILIATES AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, THE LOSS, CORRUPTION OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS, SALES, BUSINESS, DATA, USE OF THE SOFTWARE WITH HARDWARE OR OTHER INCIDENTALSOFTWARE THAT DOES NOT MEET CITYCARE'S SYSTEMS REQUIREMENTS OR THE LIKE, CONSEQUENTIALWHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR SPECIAL LOSS OTHERWISE, EVEN IF CITYCARE, ITS AFFILIATES, ITS SUPPLIERS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ANY KIND ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION AND/OR NATURE RESULTING FROM EXCLUSION OF LIABILITY FOR INCIDENTAL OR ARISING OUT OF THIS AGREEMENTCONSEQUENTIAL DAMAGES, SO THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDERABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES LIMITATIONS OF DAMAGES SHALL SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CITYCARE AND YOU. CITYCARE WOULD NOT EXCEED HAVE PROVIDED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. The allocations of liability in this Section 17 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to 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 the Agreement fails of its essential purposeSERVICES WITHOUT SUCH LIMITATIONS.

Limitation of Liability and Damages. NEITHER PARTY (AND, IN THE CASE OF CCH NOR SFS, ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS SHALL LICENSORS) WILL HAVE ANY LIABILITY TO CUSTOMER THE OTHER OR ANY THIRD PARTY (INCLUDING ANY CONTRACTOR, AGENT, AFFILIATE OR CLIENT OF CUSTOMER) FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTHOSTED APPLICATION, AND ANY SERVICES RENDERED HEREUNDERSUPPORT AND/OR SERVICES. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH SFS AND ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTHOSTED APPLICATION, AND ANY SUPPORT AND/OR SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES IN THE APPLICABLE ORDER CONFIRMATION GIVING RISE TO THE CLAIM FOR THE HOSTED APPLICATION OR SERVICES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING IN THE TWELVE (12) MONTHS IMMEDIATELY TWELVE-MONTH PERIOD PRECEDING THE DATE SUCH CLAIM OR CAUSE OF ACTION FIRST EVENT GIVING RISE TO LIABILITYAROSE. CCH SFS is not an insurer with regard to performance of the Hosted Application. Customer agrees to assume the risk for: (a) all liabilities disclaimed by CCH SFS herein, and (b) all alleged damages in excess of the amount of the limited remedy provided hereunder. The allocations of liability in this Section 17 subsection 8.5 represent the agreed, bargained-for understanding of the parties and CCH’s CCH SFS’ compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bringTHE LIMITATION OF LIABILITY AND TYPES OF DAMAGES STATED IN THIS AGREEMENT ARE INTENDED BY THE PARTIES TO APPLY REGARDLESS OF THE FORM OF LAWSUIT OR CLAIM A PARTY MAY BRING, whether in tortWHETHER IN TORT, contract or otherwiseCONTRACT OR OTHERWISE, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purposeAND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability and Damages. NEITHER CCH NOR YOU AGREE NOT TO HOLD INTUIT AND ITS VENDORS AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF THE SERVICE. ADDITIONALLY, EXCEPT FOR THE REIMBURSEMENT FOR ADVICE ERRORS DESCRIBED ABOVE WHICH IS YOUR EXCLUSIVE REMEDY, INTUIT AND LICENSORS SHALL ITS REPRESENTATIVES ASSUME NO LIABILITY FOR ANY REASON RELATED TO THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT AND ITS AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS, CORRUPTION OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF INTUIT OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT DOES INTUIT ASSUME ANY LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR THAN YOU ARISING OUT OF THIS AGREEMENTYOUR USE OF THE SERVICE. Some provinces do not allow the limitation and/or exclusion of liability for incidental or consequential damages, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYso the above limitation or exclusion may not apply to you. The allocations limitations of damages or liability and the disclaimers of warranties set forth in this Section 17 represent the agreed, bargained-for understanding Agreement are fundamental elements of the parties basis of the bargain between Intuit and CCH’s compensation hereunder reflects you. You acknowledge and agree that Intuit would not be able to provide the Service on an economic basis without such allocationslimitations and that Intuit provides the Service in reliance upon such limitations of damages and liability and disclaimers of warranties. The limitation details of liability and types of damages stated in the Agreement Intuit's privacy statement are intended by the parties to 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 the Agreement fails of its essential purpose.available at: xxxx://xxx.xxxxxx.xx/about-­‐intuit-­‐ canada/info/privacy-­‐policy.jsp

Limitation of Liability and Damages. NEITHER CCH NOR PARTY (AND, IN THE CASE OF PUBLISHER, ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS SHALL LICENSORS) WILL HAVE ANY LIABILITY TO CUSTOMER THE OTHER OR ANY THIRD PARTY (INCLUDING ANY CONTRACTOR, AGENT, AFFILIATE OR CLIENT OF CUSTOMER) FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTSOFTWARE, AND SUPPORT, AND/OR ANY SERVICES RENDERED PROVIDED HEREUNDER. EXCLUDING CCHTHE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY WITH RESPECT TO ANY VIOLATION OF EITHER PARTY’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT RIGHTS AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, SET FORTH HEREIN. THE TOTAL LIABILITY OF CCH PUBLISHER AND ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTSOFTWARE, AND SUPPORT, AND/OR ANY SERVICES RENDERED HEREUNDER PROVIDED HEREUNDER, FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES DAMAGES, SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING FOR THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT SOFTWARE OR SERVICES GIVING RISE TO LIABILITYSUCH CLAIM IN THE TWELVE-MONTH PERIOD PRECEDING THE DATE SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE. Publisher is not an insurer with regard to performance of the Software or otherwise. Customer agrees to assume the risk for: (a) all liabilities disclaimed by Publisher herein, and (b) all alleged damages in excess of the amount of the limited remedy provided hereunder. The allocations of liability in this Section 17 subsection 8.4 represent the agreed, bargained-for understanding of the parties and CCHPublisher’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bringTHE LIMITATION OF LIABILITY AND TYPES OF DAMAGES STATED IN THIS AGREEMENT ARE INTENDED BY THE PARTIES TO APPLY REGARDLESS OF THE FORM OF LAWSUIT OR CLAIM A PARTY MAY BRING, whether in tortWHETHER IN TORT, contract or otherwiseCONTRACT OR OTHERWISE, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purposeAND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability and Damages. NEITHER CCH NOR ITS VENDORS AND LICENSORS AZCOMP's maximum liability, and the customer's sole remedy, for any claim arising under the Platinum Support term will be the refund of an amount not exceeding the Platinum Support fee paid by the customer for the 12- month period during which the claim arose. IN NO EVENT SHALL HAVE ANY LIABILITY TO CUSTOMER OR ANY THIRD PARTY AZCOMP BE LIABLE FOR ANY SPECIAL INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, SALES, BUSINESS, DATA, WHETHER OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGESON ANY THEORY OF LIABILITY, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENTOR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES AND INFORMATION PROVIDED. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE PRODUCTABOVE LIMITATION MAY NOT APPLY TO YOU. Without limiting the generality of the foregoing, AZCOMP is not responsible for long-distance telephone charges incurred in connection with your use of the Plan. SUPPORT SERVICES ARE PROVIDED "AS IS." AZCOMP HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, REGARDING THE SERVICES OR ANY RELATED MATERIALS, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, ACCURACY, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. The allocations of liability in this Section 17 represent the agreed, bargainedNON-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to 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 the Agreement fails of its essential purposeINFRINGEMENT.

Limitation of Liability and Damages. NEITHER CCH NOR ITS VENDORS AND LICENSORS SHALL HAVE ANY LIABILITY TO CUSTOMER OR ANY THIRD PARTY THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HELPRO BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, SALESGOODWILL, BUSINESSUSE, DATA, OR OTHER INCIDENTALINTANGIBLE LOSSES, CONSEQUENTIALTHAT RESULT FROM THE PROVISION OF THE SERVICES, OR SPECIAL IN ALL CASES, HELPRO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, DAMAGE THAT IS NOT REASONABLY FORESEEABLE. TO THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCTMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS HELPRO IS LIMITED TO CUSTOMER OR ANY THIRD PARTY ARISING OUT THE GREATER OF THIS AGREEMENT, (A) THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES AMOUNT OF DAMAGES SHALL NOT EXCEED FEES EARNED BY US IN CONNECTION WITH THE TOTAL FEES PAID OR PAYABLE HEREUNDER SPECIFIC SERVICE PROVIDED BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT HELPRO GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500. The allocations of liability in this Section 17 represent the agreedTHIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocationsTORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HELPRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The limitation of liability and types of damages stated in the Agreement are intended by the parties to 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 the Agreement fails of its essential purpose.THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION

Limitation of Liability and Damages. NEITHER CCH NOR PARTY (AND, IN THE CASE OF CCH, ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS SHALL LICENSORS) WILL HAVE ANY LIABILITY TO CUSTOMER THE OTHER OR ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY CONTRACTOR, AGENT, AFFILIATE OR CLIENT OF CUSTOMER) FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTAPPLICATION, AND SUPPORT AND/OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY WITH RESPECT TO ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCHVIOLATION OF EITHER PARTY’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT RIGHTS AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, SET FORTH HEREIN. THE TOTAL LIABILITY OF CCH AND ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTAPPLICATION, AND ANY SUPPORT AND/OR SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES FOR THE APPLICATION PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING IN THE TWELVE (12) MONTHS IMMEDIATELY TWELVE- MONTH PERIOD PRECEDING THE DATE SUCH CLAIM OR CAUSE OF ACTION FIRST EVENT GIVING RISE TO LIABILITYAROSE. CCH is not an insurer with regard to performance of the Application. Customer agrees to assume the risk for: (a) all liabilities disclaimed by CCH contained herein, and (b) all alleged damages in excess of the amount of the limited remedy provided hereunder. The allocations of liability in this Section 17 subsection 8.4 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bringTHE LIMITATION OF LIABILITY AND TYPES OF DAMAGES STATED IN THIS AGREEMENT ARE INTENDED BY THE PARTIES TO APPLY REGARDLESS OF THE FORM OF LAWSUIT OR CLAIM A PARTY MAY BRING, whether in tortWHETHER IN TORT, contract or otherwiseCONTRACT OR OTHERWISE, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purposeAND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability and Damages. NEITHER CCH NOR ITS VENDORS AND LICENSORS SHALL HAVE ANY LIABILITY TO CUSTOMER UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL DEVOKR OR ANY THIRD PARTY OF THE AFFILIATED ENTITIES BE LIABLE FOR ANY LOSS OF PROFITSSPECIAL, SALESINDIRECT, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OR ANY LOSS OF PROFIT OR REVENUE (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY KIND LOSS OF GOODWILL OR NATURE RESULTING BUSINESS REPUTATION, ANY LOSS OF DATA OR CONTENT SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS, THAT RESULTS FROM THIS AGREEMENT, CUSTOMER CONTENT, OR THE PROVISION OR USE OR THE INABILITY TO PROVIDE OR USE THE SERVICES, EVEN IF DEVOKR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DEVOKR AND ITS AFFILIATES AND SUBSIDIARIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT (WHETHER IN CONTRACT OR TORT, THE PRODUCTINCLUDING NEGLIGENCE, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 WARRANTY, INDEMNIFICATION, OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT OTHERWISE) EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER AMOUNT RECEIVED BY CUSTOMER DEVOKR FROM YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING TWELVE-MONTH PERIOD PRIOR TO THE FIRST EVENT GIVING RISE TO LIABILITYTHE CLAIM. The allocations of liability in this Section 17 represent the agreedYOU WILL NOT COMMENCE ANY ACTION, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocationsSUIT, OR PROCEEDING AGAINST DEVOKR MORE THAN ONE YEAR AFTER THE DATE UPON WHICH THE CLAIM AROSE. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bringALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH DEVOKR AND THE AFFILIATED ENTITIES, whether in tortAND ITS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, contract or otherwiseBREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purposeOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ONLY THE LIMITATIONS WHICH ARE LAWFUL WILL APPLY TO YOU AND DEVOKR’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Limitation of Liability and Damages. NEITHER CCH NOR ITS VENDORS AND LICENSORS IN NO EVENT SHALL HAVE ANY LIABILITY TO CUSTOMER OR ANY THIRD PARTY WE BE LIABLE FOR ANY LOST PROFITS, LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR SPECIAL EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THIS AGREEMENT OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE NIHAOPAY PAYMENT PROCESSING SERVICES. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR NIHAOPAY ACCOUNT OR THE INFORMATION CONTAINED THEREIN, OR YOUR FAILURE TO USE OR IMPLEMENT SECURITY CONTROLS THAT ARE APPROPRIATE FOR YOUR BUSINESS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) PERSONAL INJURY OR PROPERTY DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR ARISING OUT USE OF THIS AGREEMENT, THE PRODUCT, AND NIHAOPAY PAYMENT PROCESSING SERVICES; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS USED IN CONNECTION WITH THE NIHAOPAY PAYMENT PROCESSING SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 AND/OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR TYPES CESSATION OF TRANSMISSION TO OR FROM THE NIHAOPAY PAYMENT PROCESSING SERVICES; (D) ANY SOFTWARE BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE NIHAOPAY PAYMENT PROCESSING SERVICES; (E) ANY ERRORS, INACCURACIES OR OMISSIONS IN ANY CONTENT OR INFORMATION, FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION, IN EACH CASE POSTED, EMAILED, STORED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE NIHAOPAY PAYMENT PROCESSING SERVICES; AND/OR (F) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. WITHOUT LIMITING ANYTHING TO THE CONTRARY, THE DISCLAIMING ENTITIES’ CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES AND IN ALL EVENTS SHALL NOT EXCEED IN THE TOTAL AGGREGATE THE AMOUNT OF FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER YOU TO NIHAOPAY PAYMENT PROCESSING SERVICES DURING THE TWELVE ONE (121) MONTHS MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. The allocations of liability in this Section 17 represent the agreedTHIS LIMITATION OF LIABILITY SECTION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocationsINCLUDING WITHOUT LIMITATION CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS. The limitation of liability and types of damages stated in the Agreement are intended by the parties to 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 the Agreement fails of its essential purposeTHE LIMITATIONS APPLY EVEN IF NIHAOPAY OR NIHAOPAY PARTNERED BANK HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Limitation of Liability and Damages. NEITHER CCH NOR ITS VENDORS AND LICENSORS SHALL HAVE TO THE EXTENT PERMITTED BY OKLAHOMA LAW, WHICH MAY MODIFY OR LIMIT CUSTOMER’S OBLIGATION UN- DER THIS SUBPARAGRAPH, YOU AGREE THAT IN NO EVENT WILL VENDOR BE LIABLE FOR ANY LIABILITY TO CUSTOMER LOSS, COST, LIA- BILITY OR ANY DAMAGE INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, THE TERMINATION OF SERVICES OR PARTICIPATION IN THIRD PARTY SERVICES. THE ENTIRE CUMULATIVE LIABIL-ITY OF VENDOR, VENDOR’S AFFILI- ATES, ITS SUPPLIERS OR PROCESSORS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED AS PROVIDED HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VENDOR, ITS AFFILIATES, ITS PROCESSORS AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCI- DENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, THE LOSS, CORRUPTION OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS, SALES, BUSINESS, DATA, USE OF THE SOFTWARE WITH HARDWARE OR OTHER INCIDENTALSOFTWARE THAT DOES NOT MEET VENDORS SYSTEMS REQUIREMENTS OR THE LIKE, CONSEQUENTIALWHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR SPECIAL LOSS OTHERWISE, EVEN IF VENDOR, ITS AFFILIATES, ITS SUPPLIERS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ANY KIND ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION AND/OR NATURE RESULTING FROM EXCLUSION OF LIABILITY FOR INCIDENTAL OR ARISING OUT OF THIS AGREEMENTCONSEQUENTIAL DAMAGES, SO THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDERABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES LIMITATIONS OF DAMAGES SHALL SET FORTH ABOVE ARE FUNDAMEN- TAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VENDOR AND YOU. VENDOR WOULD NOT EXCEED HAVE PRO- VIDED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. The allocations of liability in this Section 17 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to 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 the Agreement fails of its essential purposeSERVICES WITHOUT SUCH LIMITATIONS.

Limitation of Liability and Damages. NEITHER CCH NOR ITS VENDORS AND LICENSORS SHALL HAVE ANY LIABILITY TO CUSTOMER THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL USC BE LIABLE TO LICENSEE OR ANY THIRD PARTY SUBLICENSEE FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, DAMAGES OF ANY KIND KIND, LOST GOODWILL, LOST PROFITS, LOST BUSINESS AND/OR NATURE RESULTING ANY INDIRECT ECONOMIC DAMAGES WHATSOEVER, REGARDLESS OF WHETHER SUCH DAMAGES ARISE FROM CLAIMS BASED UPON CONTRACT, NEGLIGENCE, TORT (INCLUDING STRICT LIABILITY OR OTHER LEGAL THEORY), A BREACH OF ANY WARRANTY OR TERM OF THIS AGREEMENT, AND REGARDLESS OF WHETHER USC WAS ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF INCURRING SUCH DAMAGES IN ADVANCE. IN NO CASE WILL USC’S TOTAL CUMULATIVE LIABILITY UNDER THE TERMS OF OR ARISING OUT OF THIS AGREEMENT, AGREEMENT EXCEED THE PRODUCT, AMOUNT PAID BY LICENSEE AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS SUBLICENSEES TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, USC UNDER THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT TERMS OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER AGREEMENT DURING THE PREVIOUS TWELVE (12) MONTHS IMMEDIATELY PRECEDING PRIOR TO THE FIRST EVENT GIVING RISE TO OCCURRENCE WHICH IS THE BASIS OF THE LIABILITY. The allocations of liability in this Section 17 represent the agreed, bargainedAmended & Restated # 2024-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the 0301 to Agreement are intended by the parties to 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 the Agreement fails of its essential purpose.#A09-216

Limitation of Liability and Damages. NEITHER CCH NOR (a) TO THE MAXIMUM EXTENT PERMITTED BY LAW: DPT’S, ITS VENDORS THIRD PARTY SUPPLIERS’ AND LICENSORS SHALL HAVE ANY THEIR RESPECTIVE RESPRESENTATIVES’ TOTAL COLLECTIVE LIABILITY TO CUSTOMER ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, AND/OR ANY PRODUCTS OR SERVICES DELIVERED OR FAILED TO BE DELIVERED UNDER THIS AGREEMENT, SHALL BE LIMITED TO THE ACTUAL DIRECT DAMAGES SUFFERED BY CUSTOMER, NOT TO EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM. TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL FEES ACTUALLY PAID BY CUSTOMER TO DPT FOR THE SERVICES DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE MOST RECENT CLAIM. IN NO EVENT WILL DPT OR ITS THIRD PARTY SUPPLIERS BE LIABLE IN ANY WAY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR AGGRAVATED DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITSUSE, SALESDATA, INCOME, BUSINESS, DATAPROFIT, GOODWILL, ANTICIPATED REVENUE, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INCIDENTALOTHERWISE. (b) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CONSEQUENTIALDUE TO THE NATURE OF INTERNET AND WIRELESS TRANSMISSIONS, CUSTOMER AGREES THAT NEITHER DPT NOR THE UNDERLYING WIRELESS DATA SERVICES CARRIER SHALL BE LIABLE FOR ANY LOSS, COSTS OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, DAMAGES OF ANY KIND ARISING OUT OF OR NATURE RESULTING FROM IN CONNECTION WITH: ANY LACK OF PRIVACY OR SECURITY OF WIRELESS TRANSMISSIONS; WIRELESS DATA SERVICES INTEROPERATIBILITY, ACCESS OR INTERCONNECTIONS WITH THE DPT SYSTEM OR THE DIGITAL IRIS SERVICES; WIRELESS DATA SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR INTERRUPTIONS; ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS; LOST OR ALTERED MESSAGES OR TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF CUSTOMER’S CONTENT, DATA, PROGRAMS CONFIDENTIAL INFORMATION OR SYSTEMS. (c) NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER AGREEMENT MAY BE BROUGHT BY CUSTOMER DURING THE MORE THAN TWELVE (12) MONTHS IMMEDIATELY PRECEDING AFTER THE FIRST EVENT FACTS GIVING RISE TO THE CAUSE OF ACTION HAVE OCCURRED, REGARDLESS OF WHETHER THOSE FACTS BY THAT TIME ARE KNOWN TO, OR OUGHT REASONABLY TO HAVE BEEN DISCOVERED BY, CUSTOMER. (d) THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY. The allocations of liability in this Section 17 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bringOR OTHERWISE, whether in tortAND REGARDLESS OF WHETHER DPT, contract or otherwiseITS THIRD PARTY SUPPLIERS AND/OR THEIR REPRESENTATIVES KNEW, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purposeOR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES. (e) CUSTOMER AGREES THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT, WITHOUT WHICH DPT WOULD NOT HAVE ENTERED INTO THIS AGREEMENT AND/OR AGREED TO PROVIDE THE SERVICES UNDER THE CURRENT TERMS (INCLUDING FEES). (f) BECAUSE THE LAWS OF SOME LOCATIONS DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ALL CUSTOMERS.

Limitation of Liability and Damages. 4.1 NEITHER CCH NOR ITS VENDORS AND LICENSORS SHALL HAVE ANY LIABILITY TO CUSTOMER OR ANY PARTY (INCLUDING CONCUR'S THIRD PARTY SOFTWARE PROVIDERS) WILL BE LIABLE FOR ANY LOSS OF PROFITSSPECIAL, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL THIRD PARTY DAMAGES (INCLUDING LOST PROFITS OR SAVINGS, BUSINESS INTERRUPTION, LOSS OF DATA, OR DAMAGESIMILAR CLAIMS), INCLUDING EXEMPLARY AND PUNITIVE DAMAGESWHETHER IN AN ACTION IN CONTRACT OR IN TORT, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, EVEN IF THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OTHER PARTY OR ANY THIRD PARTY ARISING OUT OTHER PERSON HAS BEEN ADVISED OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES POSSIBILITY OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. The allocations of liability in this Section 17 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocationsSUCH DAMAGES. The limitation of liability and types of damages stated set forth in the Agreement are intended this Section shall not be applicable to claims by the parties to apply regardless Concur for Customer's breach of the form scope of lawsuit or claim a party may bringthe license rights under Section 1. 4.2 To the maximum extent permitted by law, Concur's total liability under this Agreement, for whatever cause other than bodily injury, whether in an action in contract or in tort, contract or otherwisewill be limited to the actual license fees paid by Customer under this Agreement, and regardless if such liability results from Customer's use of whether the Licensed Programs or from services provided by or on behalf of Concur, such liability will be limited to the actual fees paid by Customer for the relevant Licensed Program or services giving rise to the liability. The limitation of liability set forth in this Section shall not be applicable to claims of infringement under Section 9. 4.3 The parties acknowledge that this Agreement allocates the risks between Concur and Customer and that the fees reflect the limited warranties, limitation of liability, and allocation of risk under this Agreement. Customer further acknowledges that the pricing and terms of this Agreement would have been different had there been a different allocation of risk. 4.4 The parties acknowledge and agree that the limitations specified in this Section will survive and apply even if any limited remedy provided for in the this Agreement fails is determined to have failed of its essential purpose.

Limitation of Liability and Damages. NEITHER CCH NOR PARTY (AND, IN THE CASE OF CCH, ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS SHALL LICENSORS) WILL HAVE ANY LIABILITY TO CUSTOMER THE OTHER OR ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY CONTRACTOR, AGENT, AFFILIATE OR CLIENT OF CUSTOMER) FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTSOFTWARE, AND AND/OR DELIVERABLES. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY WITH RESPECT TO ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCHVIOLATION OF EITHER PARTY’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT RIGHTS AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, SET FORTH HEREIN. THE TOTAL LIABILITY OF CCH AND ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS LICENSORS) TO CUSTOMER OR ANY THIRD PARTY RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTSOFTWARE, AND ANY SERVICES RENDERED HEREUNDER AND/OR DELIVERABLES FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES FOR THE SOFTWARE PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING IN THE TWELVE (12) MONTHS IMMEDIATELY TWELVE-MONTH PERIOD PRECEDING THE DATE SUCH CLAIM OR CAUSE OF ACTION FIRST EVENT GIVING RISE TO LIABILITYAROSE. CCH is not an insurer with regard to performance of the Software or Deliverables. Customer agrees to assume the risk for: (a) all liabilities disclaimed by CCH contained herein, and (b) all alleged damages in excess of the amount of the limited remedy provided hereunder. The allocations of liability in this Section 17 subsection 8.4 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bringTHE LIMITATION OF LIABILITY AND TYPES OF DAMAGES STATED IN THIS AGREEMENT ARE INTENDED BY THE PARTIES TO APPLY REGARDLESS OF THE FORM OF LAWSUIT OR CLAIM A PARTY MAY BRING, whether in tortWHETHER IN TORT, contract or otherwiseCONTRACT OR OTHERWISE, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purposeAND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability and Damages. NEITHER CCH NOR ITS VENDORS AND LICENSORS SHALL HAVE ANY LIABILITY TO CUSTOMER OR ANY THIRD PARTY The Provider’s liability for defects in the Service shall be limited to the obligation to remedy a defect for which the Provider is responsible, or alternatively to redeliver the defected Service. THE PROVIDER IS NOT LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING THE LOSS OF PRODUCTION, LOSS OF PROFITS, SALESLOSS OF OPPORTUNITY, BUSINESSLOSS OF CONTRACTS, COST OF REPLACEMENT SERVICE OR FINANCIAL GAIN, THE REDUCTION OF REVENUES OR PRODUCTION, THE DISAPPEARANCE OR DELAY OF INFORMATION OR DATA, THE FAILURE TO PERFORM OBLIGATIONS TO A THIRD PARTY OR OTHER INCIDENTAL, CONSEQUENTIAL, SIMILAR INDIRECT DAMAGES. THE MAXIMUM LIABILITY FOR DAMAGES OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY BREACH OF REPRESENTATIONS AND PUNITIVE DAMAGES, WARRANTIES OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS PROVIDER SHALL UNDER ALL CIRCUMSTANCES BE LIMITED TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED THREE (3) TIMES THE MONTHLY SERVICE FEE PAID BY THE SUBSCRIBER TO THE PROVIDER IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, RELATION TO THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, SERVICE ON THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY MONTH PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYDAMAGING EVENT. The allocations above limitations shall not apply in the event of liability (i) willful misconduct or fraudulence, (ii) gross negligence, (iii) in this Section 17 represent case of death or personal injury that may be the agreed, bargained-for understanding result of the parties negligence of a Party or of someone for whom the Party is responsible, or (iv) any breach of Clause 14 and CCH’s 15 (intellectual property rights), excluding any third party components or software. For any third party software or components embedded in the Service, the Provider shall be liable only to the same extent that the third party would be liable to the Subscriber according to the license/service terms of the third party software or service provider. Damages shall only be claimed of the Provider within one month after the defect that constitutes the ground for compensation hereunder reflects such allocationswas detected or should have been detected. The limitation Provider shall have no direct liability to the Admin User or User. The Provider is under no circumstances responsible for, and shall have no liability to compensate costs, expenses, or damages caused by the following: (i) any conditions for the use of liability the Service that fall under the responsibility of the Subscriber, (ii) content and types data, which the Subscriber or user has stored in or through the use of damages stated the Service, and for ensuring that the content or data is correct and usable; (iii) unauthorized use of the Service or software or for any attempt of unauthorized use; and (iv) malfunctions, capacity problems or interruptions in the Agreement are intended by the parties to apply regardless telecommunication network, interruption or termination of the form of lawsuit or claim a party may bringService, which is not attributable to the Provider. The Provider provides the Service to the Subscriber on an “AS IS” basis, without any kind warranties, whether in tortexpressed or implied, contract regarding the service level of the Service. The Provider does not warrant that the Service related thereto will be delivered or otherwise, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purposeperformed error-­‐free on without interruption.

Limitation of Liability and Damages. NEITHER CCH NOR YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF STRONGVON LLC FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE STRONGVON TOURNAMENT SOFTWARE TO STRONGVON LLC OR ITS VENDORS AUTHORIZED RESELLER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STRONGVON LLC AND LICENSORS SHALL ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF STRONGVON LLC OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THIRD PARTY CONTENT PROVIDERS ARE NOT RESPONSIBLE TO YOU FOR ANY DAMAGES OR LOSSES ARISING FROM ANY USE OF THE CONTENT. STRONGVON LLC AND ITS REPRESENTATIVES' TOTAL LIABILITY TO CUSTOMER OR ANY THIRD PARTY YOU FOR ACTUAL DAMAGES FOR ANY LOSS CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE STRONGVON TOURNAMENT SOFTWARE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF PROFITS, SALES, BUSINESS, DATA, LIABILITY FOR INCIDENTAL OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT THE DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT, THE PRODUCT, BASIS OF THE BARGAIN BETWEEN STRONGVON LLC AND ANY SERVICES RENDERED HEREUNDERYOU. EXCLUDING CCH’S OBLIGATIONS STRONGVON LLC WOULD NOT HAVE BEEN ABLE TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, PROVIDE THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS STRONGVON CREDIT CARD SERVICE TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. The allocations of liability in this Section 17 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to 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 the Agreement fails of its essential purposeYOU WITHOUT SUCH LIMITATIONS.

Limitation of Liability and Damages. NEITHER PARTY (AND, IN THE CASE OF CCH NOR SFS, ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS SHALL LICENSORS) WILL HAVE ANY LIABILITY TO CUSTOMER THE OTHER OR ANY THIRD PARTY (INCLUDING ANY CONTRACTOR, AGENT, AFFILIATE OR CLIENT OF CUSTOMER) FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENTAGREEMENT (OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY), THE PRODUCTPRODUCT(S), AND SUPPORT, ELECTRONIC FILING AND/OR ANY SERVICES RENDERED PROVIDED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH SFS AND ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY RESULTING FROM OR ARISING OUT OF THIS AGREEMENTAGREEMENT (OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY), THE PRODUCTPRODUCT(S), AND SUPPORT, ELECTRONIC FILING AND/OR ANY SERVICES RENDERED HEREUNDER PROVIDED HEREUNDER, FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES DAMAGES, SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER UNDER THE APPLICABLE ORDER CONFIRMATION BY CUSTOMER DURING FOR THE TWELVE (12PRODUCT(S) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT OR SERVICES GIVING RISE TO LIABILITYSUCH CLAIM IN THE TWELVE- MONTH PERIOD PRECEDING THE DATE SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE. CCH SFS is not an insurer with regard to performance of the Product(s) or otherwise. Customer agrees to assume the risk for: (a) all liabilities disclaimed by CCH SFS herein, and (b) all alleged damages in excess of the amount of the limited remedy provided hereunder. The allocations of liability in this Section 17 subsection 8.4 represent the agreed, bargained-for understanding of the parties and CCH’s CCH SFS’ compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bringTHE LIMITATION OF LIABILITY AND TYPES OF DAMAGES STATED IN THIS AGREEMENT ARE INTENDED BY THE PARTIES TO APPLY REGARDLESS OF THE FORM OF LAWSUIT OR CLAIM A PARTY MAY BRING, whether in tortWHETHER IN TORT, contract or otherwiseCONTRACT OR OTHERWISE, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purposeAND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability and Damages. NEITHER CCH NOR PARTY (AND, IN THE CASE OF PUBLISHER, ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS SHALL LICENSORS) WILL HAVE ANY LIABILITY TO CUSTOMER THE OTHER OR ANY THIRD PARTY (INCLUDING ANY CONTRACTOR, AGENT, AFFILIATE OR CLIENT OF CUSTOMER) FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTSOFTWARE, AND SUPPORT, AND/OR ANY SERVICES RENDERED PROVIDED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH PUBLISHER AND ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTSOFTWARE, AND SUPPORT, AND/OR ANY SERVICES RENDERED HEREUNDER PROVIDED HEREUNDER, FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES DAMAGES, SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER UNDER THE APPLICABLE ORDER CONFIRMATION BY CUSTOMER DURING FOR THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT SOFTWARE OR SERVICES GIVING RISE TO LIABILITYSUCH CLAIM IN THE TWELVE- MONTH PERIOD PRECEDING THE DATE SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE. Publisher is not an insurer with regard to performance of the Software or otherwise. Customer agrees to assume the risk for: (a) all liabilities disclaimed by Publisher herein, and (b) all alleged damages in excess of the amount of the limited remedy provided hereunder. The allocations of liability in this Section 17 subsection 8.4 represent the agreed, bargained-for understanding of the parties and CCHPublisher’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bringTHE LIMITATION OF LIABILITY AND TYPES OF DAMAGES STATED IN THIS AGREEMENT ARE INTENDED BY THE PARTIES TO APPLY REGARDLESS OF THE FORM OF LAWSUIT OR CLAIM A PARTY MAY BRING, whether in tortWHETHER IN TORT, contract or otherwiseCONTRACT OR OTHERWISE, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purposeAND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability and Damages. NEITHER CCH The XYZ shall indemnify, defend and hold you, and your affiliates, and Users harmless from and against any loss, damage, costs, liability and expenses (including reasonable attorney fees) arising out of any legal action taken against such entities claiming that the Materials used as contemplated by this Agreement infringe the U.S. copyright or any other U.S. proprietary or intellectual property rights of any person. The XYZ shall have no obligation under this Section for any such claims, actions or losses which are based upon: (i) you or your Users' use of the Materials in a combination with materials or products not supplied by the XYZ which violate the rights of third parties, (ii) the modification of the Materials or the use or distribution of such modified content, or (iii) use of the Materials in a manner other than that permitted herein. UNDER NO CIRCUMSTANCES SHALL THE XYZ OR ITS PROVIDERS BE LIABLE TO YOUR OR ANY AUTHORIZED USER OR OTHER PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, PERSONAL INJURY/WRONGFUL DEATH OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE MATERIALS OR WEBSITE, YOUR RELIANCE ON OR USE OF THE INFORMATION PROVIDED IN THE MATERIALS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER THE XYZ OR ITS PROVIDERS OR AGENTS KNOWS OR HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE XYZ OR ITS PROVIDERS BE LIABLE TO ANY PARTY FOR ANY ADVERSE CONSEQUENCES ARISING FROM INDEPENDENT APPLICATION OF THE CONTENT OF THE MATERIALS TO PARTICULAR CIRCUMSTANCES NOR FOR YOUR OR YOUR USERS' RELIANCE ON THE WEBSITE OR MATERIALS FOR ANY PURPOSE. EXCEPT FOR CLAIMS BROUGHT PURSUANT TO SECTION 10(a), THE XYZ'S AND ITS VENDORS AND LICENSORS SHALL HAVE ANY PROVIDERS' LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE OR OTHERWISE) TO CUSTOMER YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM ALL CLAIMS RELATED TO OR ARISING OUT OF THIS AGREEMENTAGREEMENT OR THE MATERIALS, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT IN THE AGGREGATE EXCEED THE TOTAL FEES PAID OR PAYABLE BY YOU HEREUNDER BY CUSTOMER DURING IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. The allocations of liability in this Section 17 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to 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 the Agreement fails of its essential purpose.TWELVE

Limitation of Liability and Damages. Except for (a) each Party’s indemnification obligations relating to intellectual property infringement pursuant to Section 10.1(iii); (b) DR’s payment obligation in respect to the amounts outlined in the Monthly Settlement Activity Report (as may be modified in accordance with Section 4.3 because of any Company objection or audit conducted) and (c) liability resulting from a Party’s own gross negligence or willful misconduct, the total aggregate liability of a Party under this Agreement shall be limited as follows: In respect to DR the total aggregate liability shall not exceed the [*] realized by DR under this Agreement during any [*] period during which this Agreement was or is in effect. In respect to Company the total aggregate liability shall not exceed [*] of the largest net amount realized by Company under this Agreement during any single contiguous twelve (12) month period during which this Agreement was or is in effect. For the avoidance of doubts the Parties agree that the net amount of payments realized by DR under this Agreement shall refer to the DR Margin and the net amount of payments realized by Company under this Agreement shall refer to the Net Purchase Price. NEITHER CCH DR NOR ITS VENDORS AND LICENSORS COMPANY SHALL HAVE ANY LIABILITY TO CUSTOMER EACH OTHER OR TO ANY THIRD PARTY OTHER PERSON OR ORGANIZATION FOR ANY LOSS OF PROFITSINDIRECT, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY DESCRIPTION (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOSS OR DAMAGEINTERRUPTION OF BUSINESS), INCLUDING EXEMPLARY HOWEVER CAUSED AND PUNITIVE DAMAGESWHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF ANY KIND WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IRRESPECTIVE OF THE NUMBER OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. The allocations of liability in this Section 17 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to 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 the Agreement fails of its essential purposeCLAIMS.

Limitation of Liability and Damages. NEITHER CCH NOR YOU UNDERSTAND THAT Triesten Technologies, LLC., WILL NOT AUDIT OR OTHERWISE VERIFY ANY INFORMATION YOU PROVIDE, AND IS NOT RESPONSIBLE FOR DISALLOWED DEDUCTIONS OR CREDITS. FURTHER, Triesten Technologies, LLC., SHALL NOT BE RESPONSIBLE FOR ANY TAXES, PENALTIES AND INTEREST THAT ARE ASSESSED AS THE RESULT OF INCORRECT, INCOMPLETE, OR MISLEADING INFORMATION THAT YOU HAVE GIVEN TO Triesten Technologies, LLC., IN CONNECTION WITH ITS VENDORS PREPARATION OF YOUR TAX RETURNS USING THE SERVICES. EXCEPT FOR THE REIMBURSEMENT FOR CALCULATION ERRORS DESCRIBED IN SECTION 3 AND LICENSORS 4 A., THE ENTIRE CUMULATIVE LIABILITY OF Triesten Technologies, LLC., AND ITS SUPPLIERS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR SERVICES, AS APPLICABLE, TO Triesten Technologies, LLC., OR ITS AUTHORIZED RESELLER AT THE RETAIL PRICE SHOWN ON THE SIMPLE IFTA WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Triesten Technologies, LLC., AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS OR INVESTMENT, TAX POSITIONS TAKEN BY YOU, INABILITY TO FILE YOUR RETURN, DELAY IN PREPARING YOUR IFTA FUEL TAX RETURN, INCORRECT OR INCOMPLETE INFORMATION PROVIDED TO Triesten Technologies, LLC.,, ANY ACCESS TO, OR USE OF, YOUR PASSWORD AND USER ID BY AN UNAUTHORIZED PERSON, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF Triesten Technologies, LLC., OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL Triesten Technologies, LLC., BE LIABLE FOR ANY LOSS, COST, LIABLITY OR DAMAGE INCURRED AS A RESULT OF YOUR RECEIPT OF OR PARTICIPATION IN THIRD PARTY SERVICES OR THIRD-PARTY WEBSITES. IN NO EVENT DOES Triesten Technologies, LLC., ASSUME ANY LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR THAN YOU ARISING OUT OF THIS AGREEMENTYOUR USE OR INABILITY TO USE THE SOFTWARE OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Triesten Technologies, THE PRODUCTLLC., AND ANY YOU. Triesten Technologies, LLC., WOULD NOT BE ABLE TO HAVE PROVIDED SimpleIFTA OR SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. The allocations of liability in this Section 17 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to 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 the Agreement fails of its essential purposeWITHOUT SUCH LIMITATIONS.

Limitation of Liability and Damages. NEITHER CCH NOR (a) TO THE MAXIMUM EXTENT PERMITTED BY LAW: DPT’S, ITS VENDORS THIRD PARTY SUPPLIERS’ AND LICENSORS SHALL HAVE ANY THEIR RESPECTIVE RESPRESENTATIVES’ TOTAL COLLECTIVE LIABILITY TO CUSTOMER ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, AND/OR ANY PRODUCTS OR SERVICES DELIVERED OR FAILED TO BE DELIVERED UNDER THIS AGREEMENT, SHALL BE LIMITED TO THE ACTUAL DIRECT DAMAGES SUFFERED BY CUSTOMER, NOT TO EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM. TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL FEES ACTUALLY PAID BY CUSTOMER TO DPT FOR THE SERVICES DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE MOST RECENT CLAIM. IN NO EVENT WILL DPT OR ITS THIRD PARTY SUPPLIERS BE LIABLE IN ANY WAY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR AGGRAVATED DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITSUSE, SALESDATA, INCOME, BUSINESS, DATAPROFIT, GOODWILL, ANTICIPATED REVENUE, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INCIDENTALOTHERWISE. (b) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CONSEQUENTIALDUE TO THE NATURE OF INTERNET AND WIRELESS TRANSMISSIONS, CUSTOMER AGREES THAT NEITHER DPT NOR THE UNDERLYING WIRELESS DATA SERVICES CARRIER SHALL BE LIABLE FOR ANY LOSS, COSTS OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, DAMAGES OF ANY KIND ARISING OUT OF OR NATURE RESULTING FROM IN CONNECTION WITH: ANY LACK OF PRIVACY OR SECURITY OF WIRELESS TRANSMISSIONS; WIRELESS DATA SERVICES INTEROPERATIBILITY, ACCESS OR INTERCONNECTIONS WITH THE DPT SYSTEM OR THE EMS SERVICES; WIRELESS DATA SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR INTERRUPTIONS; ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS; LOST OR ALTERED MESSAGES OR TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF CUSTOMER’S CONTENT, DATA, PROGRAMS CONFIDENTIAL INFORMATION OR SYSTEMS. (c) NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER AGREEMENT MAY BE BROUGHT BY CUSTOMER DURING THE MORE THAN TWELVE (12) MONTHS IMMEDIATELY PRECEDING AFTER THE FIRST EVENT FACTS GIVING RISE TO THE CAUSE OF ACTION HAVE OCCURRED, REGARDLESS OF WHETHER THOSE FACTS BY THAT TIME ARE KNOWN TO, OR OUGHT REASONABLY TO HAVE BEEN DISCOVERED BY, CUSTOMER. (d) THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY. The allocations of liability in this Section 17 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bringOR OTHERWISE, whether in tortAND REGARDLESS OF WHETHER DPT, contract or otherwiseITS THIRD PARTY SUPPLIERS AND/OR THEIR REPRESENTATIVES KNEW, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purposeOR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES. (e) CUSTOMER AGREES THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT, WITHOUT WHICH DPT WOULD NOT HAVE ENTERED INTO THIS AGREEMENT AND/OR AGREED TO PROVIDE THE SERVICES UNDER THE CURRENT TERMS (INCLUDING FEES). (f) BECAUSE THE LAWS OF SOME LOCATIONS DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ALL CUSTOMERS.

Limitation of Liability and Damages. NEITHER CCH NOR 19.1. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL THE COMPANY (OR ITS VENDORS AFFILIATES, SUBSIDIARIES, CONTRACTORS, EMPLOYEES AND LICENSORS SHALL HAVE ANY LIABILITY AGENTS) BE LIABLE TO CUSTOMER OR ANY THIRD PARTY YOU FOR ANY LOSS OF PROFITSSPECIAL, SALESINDIRECT, BUSINESSINCIDENTAL, DATAPUNITIVE, OR OTHER INCIDENTALRELIANCE, CONSEQUENTIAL, OR SPECIAL LOSS EXEMPLARY DAMAGES RELATED TO OR DAMAGERESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, TRANSMISSION, STORAGE OR MAINTENANCE OF YOUR GOODS OR INFORMATION, INCLUDING EXEMPLARY YOUR LOCATION OR PRIVATE INFORMATION; (B) YOUR USE OR INABILITY TO USE THE WEBSITE PLATFORM AND/OR SERVICES; (C) THE SERVICES GENERALLY (INCLUDING ITS SOFTWARE) OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE WEBSITE PLATFORM, SERVICES OR ANY OTHER USER OF ANY SERVICE, EVEN IF THE COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND PUNITIVE WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 19.2. IN NO EVENT SHALL THE COMPANY'S (INCLUDING ITS AFFILIATES, SUBSIDIARIES, CONTRACTORS, EMPLOYEES AND AGENTS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ANY KIND OR NATURE RESULTING FROM OR ACTION ARISING OUT OF THIS AGREEMENTOR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, THE PRODUCTWHETHER IN CONTRACT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR CCH’S WILFULL MISCONDUCTOTHERWISE, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID SUM OF 5,000 USD. APPLICABLE LAW IN YOUR STATE OR PAYABLE HEREUNDER LOCATION MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT THE COMPANY'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. The allocations of liability in this Section 17 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to 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 the Agreement fails of its essential purposeAPPLICABLE LAW.

Limitation of Liability and Damages. NEITHER CCH NOR ITS VENDORS AND LICENSORS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL HAVE A DISCLAIMING ENTITY (AS DEFINED IN XXXXXXX 0 XXXXX) XX LIABLE FOR ANY LIABILITY TO CUSTOMER ACT OR OMISSION (INCLUDING NEGLIGENCE) THAT RESULTS IN ANY DIRECT OR INDIRECT LOST PROFITS, LOSS OF DATA, OR ANY THIRD PARTY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THIS AGREEMENT OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE PAYMENT SERVICE. UNDER NO CIRCUMSTANCES WILL ANY OF THE DISCLAIMING ENTITIES (AS DEFINED IN XXXXXXX 0 XXXXX) XX RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PAYMENT SERVICE OR YOUR PayPlus ACCOUNT OR THE INFORMATION CONTAINED THEREIN. UNDER NO CIRCUMSTANCES WILL PAYPLUS OF DESIGNATED BANK BE LIABLE TO YOU FOR ANY LOST SALES, REVENUE OR PROFIT OR LOSS OF CUSTOM DUE TO ANY SERVICE FAILURE WHICH RESULTS IN YOU BEING UNABLE TO PROMPTLY ACCEPT PAYMENTS FROM YOUR CUSTOMERS. THE DISCLAIMING ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS USED IN CONNECTION WITH THE SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PAYMENT SERVICE; (D) ANY SOFTWARE BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE PAYMENT SERVICE; (E) ANY ERRORS, INACCURACIES OR OMISSIONS IN ANY CONTENT OR INFORMATION, FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF PROFITSTHE USE OF ANY CONTENT OR INFORMATION, SALESIN EACH CASE POSTED, BUSINESSEMAILED, DATASTORED, TRANSMITTED, OR OTHER INCIDENTALOTHERWISE MADE AVAILABLE THROUGH THE PAYMENT SERVICE; AND/OR (F) USER CONTENT OR THE DEFAMATORY, CONSEQUENTIALOFFENSIVE, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, ILLEGAL CONDUCT OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT THIRD PARTY. WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS AGREEMENTSECTION 9, THE PRODUCT, DISCLAIMING ENTITIES’ CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES EVENTS SHALL NOT EXCEED IN THE TOTAL AGGREGATE THE AMOUNT OF FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER YOU TO PAYPLUS DURING THE TWELVE THREE (123) MONTHS MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. The allocations of liability in this Section 17 represent the agreedTHIS LIMITATION OF LIABILITY SECTION APPLIES REGARDLESS OF THE LEGAL BASIS ON WHICH THE CLAIM IS BASED, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocationsINCLUDING WITHOUT LIMITATION CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS. The limitation of liability and types of damages stated in the Agreement are intended by the parties to 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 the Agreement fails of its essential purposeTHE LIMITATIONS APPLY EVEN IF PAYPLUS OR DESIGNATED BANK HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE PROVISIONS OF THIS SECTION 9 SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Limitation of Liability and Damages. NEITHER CCH NOR TO THE MAXIMUM EXTENT PERMITTED BY LAW: EXCEPT FOR CLAIMS FOR DEATH OR BODILY INJURY, T2, ITS VENDORS THIRD PARTY SUPPLIERS’ AND LICENSORS SHALL HAVE ANY THEIR RESPECTIVE REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY TO CUSTOMER ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, AND/OR ANY PRODUCTS OR SERVICES DELIVERED OR FAILED TO BE DELIVERED UNDER THIS AGREEMENT, SHALL BE LIMITED TO THE ACTUAL DIRECT DAMAGES SUFFERED BY CUSTOMER, NOT TO EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM. IN NO EVENT WILL T2 OR ITS THIRD PARTY SUPPLIERS BE LIABLE IN ANY WAY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR AGGRAVATED DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITSUSE, SALESDATA, INCOME, BUSINESS, DATAPROFIT, GOODWILL, ANTICIPATED REVENUE, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHERWISE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTORY RIGHTS OR ANY OTHER INCIDENTAL, CONSEQUENTIALBASIS ARISING OUT OF CUSTOMER’S USE OF THE PRODUCTS, OR SPECIAL LOSS OTHERWISE ARISING PURSUANT TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DUE TO THE NATURE OF INTERNET AND WIRELESS TRANSMISSIONS, CUSTOMER AGREES THAT NEITHER T2 NOR THE UNDERLYING WIRELESS DATA SERVICES CARRIER SHALL BE LIABLE FOR ANY LOSS, COSTS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, DAMAGES OF ANY KIND ARISING OUT OF OR NATURE RESULTING FROM IN CONNECTION WITH: ANY LACK OF PRIVACY OR SECURITY OF WIRELESS TRANSMISSIONS; SERVICES INTEROPERABILITY, ACCESS OR INTERCONNECTIONS WITH THE T2 SERVICES; SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR INTERRUPTIONS; ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS; LOST OR ALTERED MESSAGES OR TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF CUSTOMER’S CONTENT, DATA, PROGRAMS CONFIDENTIAL INFORMATION OR SYSTEMS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER AGREEMENT MAY BE BROUGHT BY CUSTOMER DURING THE MORE THAN TWELVE (12) MONTHS IMMEDIATELY PRECEDING AFTER THE FIRST EVENT FACTS GIVING RISE TO THE CAUSE OF ACTION HAVE OCCURRED, REGARDLESS OF WHETHER THOSE FACTS BY THAT TIME ARE KNOWN TO, OR OUGHT REASONABLY TO HAVE BEEN DISCOVERED BY, CUSTOMER. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, AND REGARDLESS OF WHETHER T2, ITS THIRD PARTY SUPPLIERS AND/OR THEIR REPRESENTATIVES KNEW, OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES. The allocations of liability in this Section 17 represent the agreedCUSTOMER AGREES THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocationsWITHOUT WHICH T2 WOULD NOT HAVE ENTERED INTO THIS AGREEMENT AND/OR AGREED TO PROVIDE THE PRODUCTS AND/OR SERVICES UNDER THE CURRENT TERMS (INCLUDING FEES). The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bringTHIS SECTION SHALL APPLY TO ANY ACTION OR ARBITRATION HEREUNDER. BECAUSE THE LAWS OF SOME LOCATIONS DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY, whether in tort, contract or otherwise, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purposeTHE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ALL CUSTOMERS.

Limitation of Liability and Damages. NEITHER CCH NOR ITS VENDORS AND LICENSORS SHALL HAVE ANY LIABILITY TO CUSTOMER OR ANY THIRD PARTY You acknowledge that the operation and availability of the communications systems used for accessing and interacting with the Services or to transmit information to the taxing authorities (e.g., the public telephone, computer networks and the Internet) can be unpredictable and may, from time to time, interfere with or prevent access to Services or their operation. TaxSlayer is not in any way responsible for any such interference with or prevention of your use of or access to Services. YOU AGREE THAT YOU WILL NOT HOLD TAXSLAYER LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF PROFITSYOUR PARTICIPATION IN THIRD PARTY SERVICES. ADDITIONALLY, SALESEXCEPT FOR THE ABOVE REIMBURSEMENT FOR CALCULATION ERRORS, YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF TAXSLAYER AND THE PARTICIPATING PARTIES FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES OR THE THIRD PARTY SERVICES, AS APPLICABLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TAXSLAYER AND THE PARTICIPATING PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF PROFITS OR OTHER INCIDENTALINVESTMENT OR THE LIKE), CONSEQUENTIALWHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR SPECIAL LOSS OTHERWISE, EVEN IF TaxSlayer OR DAMAGETHE PARTICIPATING PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, INCLUDING EXEMPLARY so the above limitation or exclusion may not apply to you. The limitations of damages or liability set forth in this Agreement are fundamental elements of the basis of the bargain between TaxSlayer and you. You acknowledge and agree that TaxSlayer would not be able to provide this product on an economic basis without such limitations. DISPUTE RESOLUTION WE HOPE TO MAKE YOU A HAPPY CUSTOMER, BUT IF THERE'S AN ISSUE THAT NEEDS TO BE RESOLVED, THIS SECTION OUTLINES WHAT'S EXPECTED OF BOTH OF US. YOU AND PUNITIVE DAMAGESTAXSLAYER BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION. YOU UNDERSTAND AND AGREE THAT IN SUCH ARBITRATION YOU ARE LIMITED TO THE LIMITATIONS, REMEDIES AND DAMAGES OTHERWISE SET OUT IN THIS AGREEMENT. YOU UNDERSTAND THAT BY THIS AGREEMENT YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF A JURY. WHILE THE PROCEDURES MAY BE DIFFERENT, AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. IF THE PRODUCTLAW ALLOWS FOR AN AWARD OF ATTORNEYS' FEES, AND ANY SERVICES RENDERED HEREUNDERAN ARBITRATOR CAN AWARD THEM TOO. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. The allocations of liability in this Section 17 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to 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 the Agreement fails of its essential purpose.WE ALSO BOTH AGREE THAT:

Limitation of Liability and Damages. NEITHER CCH NOR PARTY (AND, IN THE CASE OF PUBLISHER, ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS SHALL LICENSORS) WILL HAVE ANY LIABILITY TO CUSTOMER THE OTHER OR ANY THIRD PARTY (INCLUDING ANY CONTRACTOR, AGENT, AFFILIATE OR CLIENT OF CUSTOMER) FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTSOFTWARE, AND SUPPORT, AND/OR ANY SERVICES RENDERED PROVIDED HEREUNDER. EXCLUDING CCHTHE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY WITH RESPECT TO ANY VIOLATION OF EITHER PARTY’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT RIGHTS AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, SET FORTH HEREIN. THE TOTAL LIABILITY OF CCH PUBLISHER AND ITS VENDORS AFFILIATES, CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCTSOFTWARE, AND SUPPORT, AND/OR ANY SERVICES RENDERED HEREUNDER PROVIDED HEREUNDER, FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES DAMAGES, SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING FOR THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT SOFTWARE OR SERVICES GIVING RISE TO LIABILITYSUCH CLAIM IN THE TWELVE-MONTH PERIOD PRECEDING THE DATE SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE. Publisher is not an insurer with regard to performance of the Software or otherwise. Customer agrees to assume the risk for: (a) all liabilities disclaimed by Publisher herein, and (b) all alleged damages in excess of the amount of the limited remedy provided hereunder. The allocations of liability in this Section 17 subsection 8.4 represent the agreed, bargained-for understanding of the parties and CCHPublisher’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bringTHE LIMITATION OF LIABILITY AND TYPES OF DAMAGES STATED IN THIS AGREEMENT ARE INTENDED BY THE PARTIES TO APPLY REGARDLESS OF THE FORM OF LAWSUIT OR CLAIM A PARTY MAY BRING, whether in tortWHETHER IN TORT, contract or otherwiseCONTRACT OR OTHERWISE, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purposeAND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.