Common use of Limitation of Liability and Damages Clause in Contracts

Limitation of Liability and Damages. EXCEPT IN THE CASE OF LIABILITY ARISING OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS OR PURSUANT TO CUSTOMER’S INDEMNITY OBLIGATIONS, NEITHER PARTY WILL HAVE ANY LIABILITY TO THE OTHER 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 SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, OR ANY SERVICES RENDERED UNDER THIS AGREEMENT. THE TOTAL LIABILITY OF VUEWORKS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY.

Limitation of Liability and Damages. EXCEPT IN UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE CASE OF LIABILITY ARISING OUT OF A PARTY’S BREACH OF COMPANY OR ITS CONFIDENTIALITY OBLIGATIONS AFFILIATES, OR PURSUANT TO CUSTOMER’S INDEMNITY OBLIGATIONSITS AND THEIR CONTRACTORS, NEITHER EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY WILL HAVE ANY LIABILITY TO THE OTHER PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE FOR ANY LOSS OF PROFITSSPECIAL, SALESINDIRECT, 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 DAMAGES THAT ARISE OUT OF OR RELATE TO THIS AGREEMENT, AGREEMENT OR THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCEINCLUDING YOUR USE THEREOF, OR ANY SERVICES RENDERED UNDER THIS AGREEMENTOTHER INTERACTIONS WITH THE COMPANY, EVEN IF THE COMPANY OR A COMPANY 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, IN WHICH CASE THE COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL LIABILITY OF VUEWORKS TO CUSTOMER COMPANY OR ANY ITS AFFILIATES, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, AND ANY SERVICES RENDERED UNDER OR RELATING TO THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES YOUR USE OF DAMAGES WILL NOT THE SOFTWARE EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYFIFTY U.S. DOLLARS.

Limitation of Liability and Damages. EXCEPT IN THE CASE OF LIABILITY ARISING OUT OF A PARTY’S BREACH OF UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY OR ITS CONFIDENTIALITY OBLIGATIONS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR PURSUANT THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO CUSTOMER’S INDEMNITY OBLIGATIONS, NEITHER PARTY WILL HAVE ANY LIABILITY TO THE OTHER 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 COMPANY MATERIALS ON THE SITE, INCLUDING EXEMPLARY AND PUNITIVE ANY USER SUBMISSIONS OR OTHER CONTENT ON THE SITE, THE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH COMPANY, EVEN IF COMPANY OR A COMPANY 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, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ 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 SOFTWARETORT, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCEWARRANTY, OR ANY SERVICES RENDERED UNDER THIS AGREEMENT. THE TOTAL LIABILITY OF VUEWORKS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT OTHERWISE) EXCEED THE TOTAL GREATER OF ONE HUNDRED DOLLARS AND THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER BY CUSTOMER DURING THE 12 SIX (6) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYDATE OF THE CLAIM.

Limitation of Liability and Damages. EXCEPT IN THE CASE OF LIABILITY ARISING OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS OR PURSUANT TO CUSTOMER’S INDEMNITY OBLIGATIONS, NEITHER PARTY WILL HAVE ANY LIABILITY TO THE OTHER MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Baroda M CLIP wallet, ITS ISSUERS, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF Baroda M CLIP wallet; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM Baroda M CLIP wallet; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH Baroda M CLIP wallet BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF PROFITSTHE USE OF ANY CONTENT POSTED, SALESEMAILED, BUSINESS, DATATRANSMITTED, OR OTHER INCIDENTALOTHERWISE MADE AVAILABLE THROUGH Baroda M CLIP wallet; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, CONSEQUENTIALOFFENSIVE, OR SPECIAL LOSS ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL Baroda M CLIP wallet, ITS ISSUERS, ITS PROCESSORS, AGENTS, SUPPLIERS, OR DAMAGELICENSORS (OR THEIR RESPECTIVE AFFILIATES, INCLUDING EXEMPLARY AGENTS, DIRECTORS, AND PUNITIVE EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING INR 500. THIS LIMITATION OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENTLIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, THE SOFTWARETORT, HOSTED SOFTWRENEGLIGENCE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCESTRICT LIABILITY, OR ANY SERVICES RENDERED UNDER THIS AGREEMENTOTHER BASIS, EVEN IF Baroda M CLIP wallet HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE TOTAL FOREGOING LIMITATION OF LIABILITY OF VUEWORKS SHALL APPLY TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENTTHE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. Baroda M CLIP wallet is controlled and operated from facilities in India. Baroda M CLIP wallet makes no representations that Baroda M CLIP wallet is appropriate or available for use in other locations. Those who access or use Baroda M CLIP wallet from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws of the Republic of India and local laws and regulations, THE SOFTWAREincluding but not limited to export and import regulations. You may not use Baroda M CLIP wallet if you are a resident of a country embargoed by India, HOSTED SOFTWREor are a foreign person or entity blocked or denied by the government of India. Unless otherwise explicitly stated, TECHNICAL SUPPORTall materials found on Baroda M CLIP wallet are solely directed to individuals, MAINTENANCEcompanies, DATA MAINTENANCE, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYor other entities located in India.

Limitation of Liability and Damages. EXCEPT IN THE CASE OF LIABILITY ARISING OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS OR PURSUANT TO CUSTOMER’S INDEMNITY OBLIGATIONS, NEITHER PARTY WILL HAVE ANY LIABILITY TO THE OTHER MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAYZAPP, ITS ISSUERS, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE CUSTOMERS ACCESS TO OR USE OF PAYZAPP; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF PAYZAPPSECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM PAYZAPP APPLICATION AND PAYZAPP MMA ; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH PAYZAPPAPPLICATION BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF PROFITSTHE USE OF ANY CONTENT POSTED, SALESEMAILED, BUSINESS, DATATRANSMITTED, OR OTHER INCIDENTALOTHERWISE MADE AVAILABLE THROUGH PAYZAPP APPLICATION ; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, CONSEQUENTIALOFFENSIVE, OR SPECIAL LOSS ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL PAYZAPP, ITS ISSUERS, ITS PROCESSORS, AGENTS, SUPPLIERS, OR DAMAGELICENSORS (OR THEIR RESPECTIVE AFFILIATES, INCLUDING EXEMPLARY AGENTS, DIRECTORS, AND PUNITIVE EMPLOYEES) BE LIABLE TO THE CUSTOMERS FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING INR 500. THIS LIMITATION OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENTLIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, THE SOFTWARETORT, HOSTED SOFTWRENEGLIGENCE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCESTRICT LIABILITY, OR ANY SERVICES RENDERED UNDER THIS AGREEMENTOTHER BASIS, EVEN IF PAYZAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE TOTAL FOREGOING LIMITATION OF LIABILITY OF VUEWORKS SHALL APPLY TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENTTHE FULLEST EXTENT PERMITTED BY LAW IN INDIA. PayZapp is controlled and operated from facilities in India. PayZapp makes no representations that PayZapp is appropriate or available for use in other locations. Those who access or use PayZapp from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws of the Republic of India and local laws and regulations, THE SOFTWAREincluding but not limited to export and import regulations. The Customer may not use PayZapp if the Customer is a resident of a country embargoed by India, HOSTED SOFTWREor are a foreign person or entity blocked or denied by the government of India. Unless otherwise explicitly stated, TECHNICAL SUPPORTall materials found on PayZapp are solely directed to individuals, MAINTENANCEcompanies, DATA MAINTENANCEor other entities located in India. Notwithstanding anything to the contrary contained in the foregoing, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYthe Customer agrees and acknowledges that the PayZapp MMA cannot be used for effecting cross-border transactions.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, DATA OR BUSINESS, OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT, EVEN IF SUCH PARTY OR A SUCH PARTY’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT IN THE CASE OF BREACHES OF CONFIDENTIALITY PURSUANT TO SECTION 13, AND EXCEPT FOR AMOUNTS EXPRESSLY DUE AND OWING HEREUNDER, IN NO EVENT WILL ZUCKS’S OR ITS AFFILIATES’ TOTAL LIABILITY TO CLIENT OR ANY OTHER PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS OR PURSUANT RELATING TO CUSTOMER’S INDEMNITY OBLIGATIONS, NEITHER PARTY WILL HAVE ANY LIABILITY TO THE OTHER FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, THIS AGREEMENT (WHETHER IN CONTRACT OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGETORT, INCLUDING EXEMPLARY AND PUNITIVE DAMAGESNEGLIGENCE, OF ANY KIND WARRANTY, INDEMNIFICATION OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, OR ANY SERVICES RENDERED UNDER THIS AGREEMENT. THE TOTAL LIABILITY OF VUEWORKS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT OTHERWISE) EXCEED THE TOTAL FEES PAID HEREUNDER LESSER OF THE AMOUNT RECEIVED BY CUSTOMER DURING ZUCKS FROM CLIENT FOR THE 12 MONTHS IMMEDIATELY PRECEDING ORDER TO WHICH THE FIRST EVENT GIVING RISE TO LIABILITYCLAIM RELATES OR FIVE THOUSAND US DOLLARS (USD 5,000.00). CLIENT SHALL NOT COMMENCE ANY ACTION, SUIT OR PROCEEDING AGAINST ZUCKS MORE THAN ONE (1) YEAR AFTER THE DATE UPON WHICH THE CLAIM AROSE.

Limitation of Liability and Damages. EXCEPT NEITHER PARTY (AND, IN THE CASE OF LIABILITY ARISING OUT OF A PARTY’S BREACH OF CPTS, ITS CONFIDENTIALITY OBLIGATIONS OR PURSUANT TO CUSTOMER’S INDEMNITY OBLIGATIONSAFFILIATES, NEITHER PARTY CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS) WILL HAVE ANY LIABILITY TO 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 SOFTWARESERVICES, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, ELECTRONIC FILING AND/OR ANY SERVICES RENDERED UNDER THIS AGREEMENTSERVICE OR PRODUCT PROVIDED HEREUNDER. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY WITH RESPECT TO ANY VIOLATION OF EITHER PARTY’S INTELLECTUAL PROPERTY RIGHTS AS SET FORTH HEREIN. THE TOTAL LIABILITY OF VUEWORKS CPTS AND ITS 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 SOFTWARESERVICES, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCEELECTRONIC FILING AND/OR ANY SERVICE OR PRODUCT PROVIDED HEREUNDER, DATA MAINTENANCE, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL DAMAGES, SHALL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER DURING FOR THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT SERVICES OR ANY SERVICE OR PRODUCT GIVING RISE TO LIABILITYSUCH CLAIM IN THE TWELVE-MONTH PERIOD PRECEDING THE DATE SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE. CPTS is not an insurer with regard to performance of the Services or otherwise. Customer agrees to assume the risk for: (a) all liabilities disclaimed by CPTS herein, and (b) all alleged damages in excess of the amount of the limited remedy provided hereunder. The allocations of liability in this subsection 13.4 represent the agreed, bargained-for understanding of the parties and CPTS’ compensation hereunder reflects such allocations. THE 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 TORT, CONTRACT OR OTHERWISE, AND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED FOR IN THIS TERMS OF SERVICE FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability and Damages. EXCEPT UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN THE CASE OF LIABILITY ARISING OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS TORT, CONTRACT, OR PURSUANT OTHERWISE, SHALL LICENSOR BE LIABLE TO CUSTOMER’S INDEMNITY OBLIGATIONS, NEITHER PARTY WILL HAVE ANY LIABILITY LICENSEE OR TO THE OTHER ANYOTHER PERSON FOR ANY LOSS OF PROFITS, SALESDAMAGES, BUSINESSANY INDIRECT, DATAINCIDENTAL, OR OTHER INCIDENTALSPECIAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OR FOR DAMAGES FOR LOST PROFITS OR LOSS OF BUSINESS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), COSTS AND EXPENSES RELATED TO CLAIMS THAT YOUR COMPOSITIONS INFRINGE ON INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY KIND PERSON, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, BUSINESS INTERRUPTION, INFRINGEMENT OF INTELLECTUAL PROPERTY OR NATURE RESULTING FROM OTHER RIGHTS OF ANY PERSON, COMPUTER FAILURE OR ARISING OUT MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DAMAGES WITH RESPECT TO ANY PRODUCT IN EXCESS OF THE PRICE PAID FOR SUCH PRODUCT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS SECTIONE SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, OR ANY SERVICES RENDERED UNDER THIS AGREEMENT. THE TOTAL LIABILITY OF VUEWORKS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY.

Limitation of Liability and Damages. EXCEPT IN THE CASE OF LIABILITY ARISING OUT OF NO EVENT SHALL A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS OR PURSUANT TO CUSTOMER’S INDEMNITY OBLIGATIONS, NEITHER PARTY WILL HAVE ANY LIABILITY TO THE OTHER DISCLAIMING ENTITY 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 INTEGRAPAY 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 SERVICE OR YOUR INTEGRAPAY ACCOUNT OR THE INFORMATION CONTAINED THEREIN, OR YOUR FAILURE TO USE OR IMPLEMENT SECURITY CONTROLS THAT ARE APPROPRIATE FOR YOUR BUSINESS. THE DISCLAIMING ENTITIES 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 SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, INTEGRAPAY SERVICES; (B) ANY UNAUTHORIZED ACCESS TO OR ANY USE OF SERVERS USED IN CONNECTION WITH THE INTEGRAPAY SERVICES RENDERED UNDER THIS AGREEMENT. THE TOTAL LIABILITY OF VUEWORKS TO CUSTOMER AND/OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR TYPES CESSATION OF TRANSMISSION TO OR FROM THE INTEGRAPAY SERVICES; (D) ANY SOFTWARE BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE INTEGRAPAY 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 INTEGRAPAY 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 WILL AND IN ALL EVENTS SHALL NOT EXCEED IN THE TOTAL AGGREGATE THE AMOUNT OF FEES PAID HEREUNDER BY CUSTOMER YOU TO INTEGRAPAY DURING THE 12 MONTHS THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THIS LIMITATION OF LIABILITY SECTION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING WITHOUT LIMITATION CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS. THE LIMITATIONS APPLY EVEN IF INTEGRAPAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. The IntegraPay Services are controlled and operated from facilities in the United States. Except where expressly stated otherwise, IntegraPay makes no representations that the IntegraPay Services are appropriate or available for use in other locations. Those who access or use the IntegraPay Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States, foreign and local laws and regulations, including but not limited to export and import regulations. You may not use the IntegraPay Services from, or on behalf of persons or entities (a) in a country embargoed by the United States, or (b) blocked or denied by the United States government. Unless otherwise explicitly stated, all materials contained in the IntegraPay Services are solely directed to individuals, companies, or other entities located in the United States.

Limitation of Liability and Damages. EXCEPT IN THE CASE OF AS SET FORTH HEREIN, PRO-ED AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AS WELL AS THEIR SUCCESSORS AND ASSIGN, SHALL NOT BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY ARISING OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS FROM NEGLIGENT ACTIONS OR PURSUANT INACTIONS ARISING FROM OR RELATED TO CUSTOMER’S INDEMNITY OBLIGATIONSANY LOSS DUE TO PERSONAL INJURY, NEITHER PARTY WILL HAVE ANY LIABILITY TO THE OTHER FOR PROPERTY DAMAGE, ANY LOSS OF PROFITS, SALESSAVINGS, BUSINESSOR GOODWILL, LOSS OR INACCURACY OF DATA, OR OTHER ANY INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENTLOSS, THE SOFTWARECOST, HOSTED SOFTWREEXPENSE (WHETHER IN CONTRACT, TECHNICAL SUPPORTTORT, MAINTENANCEINCLUDING NEGLIGENCE, DATA MAINTENANCEPRODUCT LIABILITY, OR OTHERWISE) THAT RESULT FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO YOUR INABILITY TO USE THE SITE FOR ANY SERVICES RENDERED UNDER THIS AGREEMENT. REASON (E.G., UNAUTHORIZED USE OR ACCESS OF YOUR ACCOUNT, ANY INTERRUPTION OF SERVICE, COMPUTER VIRUS) FOR USE OF THE TOTAL LIABILITY SITE, EVEN IF PRO-ED OR AN AUTHORIZED REPRESENTATIVE OF VUEWORKS TO CUSTOMER PRO-ED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYPARTY.

Limitation of Liability and Damages. EXCEPT THE PRIMARY ADULT MEMBER AGREES THAT VILLASPORT IS NOT RESPONSIBLE OR LIABLE TO MEMBERS OR THEIR GUESTS FOR ANY PROPERTY DAMAGED, LOST OR STOLEN IN OR ABOUT CLUB FACILITIES, INCLUDING THE CASE LOCKERS AND THE PARKING AREAS. MEMBERS AND THEIR GUESTS AGREE NOT TO STORE ANY VALUABLE ITEMS IN LOCKERS OR AUTOMOBILES, AND TO USE THE LOCKERS SOLELY FOR TEMPORARY CLOTHING STORAGE. THE PRIMARY ADULT MEMBER IS FINANCIALLY RESPONSIBLE FOR ANY DAMAGE TO CLUB PROPERTY CAUSED BY ANY MEMBER OR THE MEMBER'S GUESTS AND SHALL REIMBURSE VILLASPORT FOR SUCH COST UPON DEMAND. NOTWITHSTANDING ANY OTHER TERM OR PROVISION OF LIABILITY THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL VILLASPORT BE LIABLE TO ANY MEMBER OR GUEST FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES. ON BEHALF OF ANY CHILD MEMBER UNDER THE AGE OF 18, THE PRIMARY ADULT MEMBER ASSUMES AND ACCEPTS ALL RISKS OF INJURY OR LOSS TO HIMSELF OR HERSELF OR ANY SUCH CHILD MEMBER. BY SIGNING THIS AGREEMENT, THE PRIMARY ADULT MEMBER WAIVES AND RELEASES, AND AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS AND LAWSUITS THAT ANY SUCH CHILD MEMBER AND/OR THE PRIMARY ADULT MEMBER, INCLUDING HIS OR HER SPOUSE, HEIRS, ASSIGNS AND NEXT OF KIN, MAY HAVE AGAINST THE RELEASED PARTIES FOR INJURY (PERSONAL, BODILY OR MENTAL) OR DEATH, ECONOMIC LOSS, OR PROPERTY DAMAGE ARISING OUT OF A OR RESULTING FROM THE NEGLIGENCE OF THE RELEASED PARTIES AND/OR ANY THIRD PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS OR PURSUANT . THE PRIMARY ADULT MEMBER HEREBY REPRESENTS TO CUSTOMER’S INDEMNITY OBLIGATIONSVILLASPORT THAT HE/SHE HAS THE FULL LEGAL AUTHORITY TO (I) ASSUME AND ACCEPT SUCH RISKS, NEITHER PARTY WILL HAVE ANY LIABILITY AND WAIVE AND RELEASE AND AGREE TO THE OTHER FOR ANY LOSS OF PROFITSINDEMNIFY, SALESDEFEND AND HOLD HARMLESS SUCH CLAIMS, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY DEMANDS AND PUNITIVE DAMAGESLAWSUITS, OF ALL THE CHILD MEMBERS; AND (II) ACT FOR AND ON BEHALF OF ALL THE CHILD MEMBERS. NOTWITHSTANDING ANY KIND OTHER TERM OR NATURE RESULTING FROM OR ARISING OUT PROVISION OF THIS AGREEMENT, THE SOFTWARETERMS AND PROVISIONS OF THIS WAIVER OF CLAIMS, HOSTED SOFTWREASSUMPTION OF RISK, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, INDEMNIFICATION AND LIMITATION OF LIABILITY AND DAMAGES SECTION SHALL SURVIVE ANY CANCELLATION OR TERMINATION OF THIS AGREEMENT AND/OR THIS MEMBERSHIP. DISPUTE RESOLUTION PROCEDURE FOR ANY SERVICES RENDERED DISPUTE BETWEEN ANY CHILD MEMBER UNDER THIS AGREEMENTTHE AGE OF 18 AND VILLASPORT. THE TOTAL LIABILITY OF VUEWORKS TO CUSTOMER OR ANY THIRD PARTY ARISING PRIMARY ADULT MEMBER MAY OPT OUT OF THIS AGREEMENT, ARBITRATION PROVISION BY NOTIFYING VILLASPORT IN WRITING THAT HE/SHE DOES NOT WANT TO RESOLVE DISPUTES WITH VILLASPORT BY ARBITRATION. SUCH NOTICE MUST BE DELIVERED WITHIN NINETY (90) DAYS OF THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, AND ANY SERVICES RENDERED UNDER DATE YOU SIGN THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED TO THE TOTAL FEES PAID HEREUNDER BY CUSTOMER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYFOLLOWING ADDRESS: VILLASPORT, 000 XXXXXXX XXX, XXX XXXXXX, XX 00000.

Limitation of Liability and Damages. EXCEPT IN THE CASE OF LIABILITY ARISING OUT OF A NO EVENT SHALL LISCIO OR ITS VENDORS AND LICENSORS BE LIABLE TO SUBSCRIBER, USER OR ANY THIRD PARTY, INCLUDING SUBSCRIBER’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, SUBSCRIBERS, OR PURSUANT TO CUSTOMER’S INDEMNITY OBLIGATIONSCONTRACTING PARTIES, NEITHER PARTY WILL HAVE ANY LIABILITY TO THE OTHER FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGE OR LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENTAGREEMENT WHETHER ARISING UNDER CONTRACT, THE SOFTWAREWARRANTY, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCETORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITY, INCLUDING USE OF THE SERVICES RENDERED UNDER THIS AGREEMENTEVEN IF LISCIO HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE REASONABLY BEEN FORESEEN BY LISCIO. THE TOTAL LIABILITY OF VUEWORKS LISCIO AND ITS VENDORS AND LICENSORS TO CUSTOMER SUBSCRIBER (INCLUDING CLAIMS BY OR ON BEHALF OF USERS), OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, AGREEMENT OR USE OF THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, AND SERVICES IN CONNECTION WITH ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS CLAIM OR TYPES TYPE OF DAMAGES DAMAGE (WHETHER IN CONTRACT OR TORT) WILL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER SUBSCRIBER PAID, IF ANY, DURING THE 12 MONTHS ONE (1) MONTH IMMEDIATELY PRECEDING THE FIRST DATE THAT THE EVENT GIVING RISE TO THE LIABILITY FIRST OCCURRED. THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES AND WILL APPLY EVEN IF THE EXPRESS WARRANTIES PROVIDED ABOVE FAIL OF THEIR ESSENTIAL PURPOSE. THE LIMITATIONS SPECIFIED IN THIS SECTION 19 WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.

Limitation of Liability and Damages. EXCEPT IN THE CASE OF LIABILITY ARISING OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS OR PURSUANT TO CUSTOMER’S INDEMNITY OBLIGATIONS, NEITHER PARTY WILL HAVE ANY LIABILITY (a) TO THE OTHER MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IPS NOR ITS LICENSORS NOR THEIR RESPECTIVE REPRESENTATIVES BE LIABLE FOR ANY ANY: (i) PUNITIVE, EXEMPLARY, OR AGGRAVATED DAMAGES; (ii) DAMAGES FOR LOSS OF PROFITSPROFITS OR REVENUE, SALESFAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF CUSTOMER MATERIALS OR FACILITIES, INCLUDING ITS COMPUTER RESOURCES, SOFTWARE AND ANY STORED DATA; (iii) DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA, INCOME, BUSINESS, DATAPROFIT, GOODWILL, ANTICIPATED REVENUE OR OTHER INCIDENTALCOMMERCIAL OR ECONOMIC DAMAGES OR LOSSES); (iv) CONTRIBUTION, CONSEQUENTIALINDEMNITY OR SET-OFF IN RESPECT OF ANY CLAIMS AGAINST CUSTOMER; (v) ANY DAMAGES WHATSOEVER RELATING TO THIRD-PARTY PRODUCTS, CUSTOMER'S MATERIALS OR SPECIAL ANY GOODS OR SERVICES NOT DEVELOPED OR PROVIDED BY IPS; OR (vi) ANY DAMAGES WHATSOEVER RELATING TO INTERRUPTION, DELAYS, ERRORS OR OMISSIONS; ARISING FROM THE SUPPLY, USE, PERFORMANCE OR MISPERFORMANCE OF THE SOFTWARE SERVICES, SUPPORT SERVICES OR ANY OTHER PRODUCTS OR SERVICES PROVIDED UNDER THIS AGREEMENT WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF IPS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR FOR ANY CLAIMS FOR SUCH LOSS OR DAMAGEDAMAGE INSTITUTED AGAINST A PARTY OR ITS CUSTOMERS BY ANY THIRD PARTY. (b) IF, INCLUDING EXEMPLARY DESPITE THE FOREGOING LIMITATIONS, IPS OR ITS LICENSORS OR ANY OF THEIR RESPECTIVE REPRESENTATIVES IS HELD LIABLE TO CUSTOMER, THE ENTIRE AND PUNITIVE DAMAGESSOLE LIABILITY OF IPS AND ITS LICENSORS AND THEIR RESPECTIVE REPRESENTATIVES FOR ANY REASON SHALL BE LIMITED TO THE FEES PAID BY CUSTOMER FOR THE PARTICULAR SERVICES TO WHICH THE LIABILITY RELATES. CUSTOMER AGREES THAT THE MAXIMUM AGGREGATE LIABILITY OF IPS AND ITS LICENSORS AND THEIR RESPECTIVE REPRESENTATIVES IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE SUM OF ALL FEES PAYABLE HEREUNDER DURING THE PERIOD OF TIME TO WHICH THE LIABILITY RELATES. (c) NO ACTION, REGARDLESS OF ANY KIND OR NATURE RESULTING FROM OR FORM, ARISING OUT OF THIS AGREEMENTAGREEMENT MAY BE BROUGHT BY CUSTOMER MORE THAN TWELVE (12) MONTHS AFTER THE FACTS GIVING RISE TO THE CAUSE OF ACTION HAVE OCCURRED, REGARDLESS OF WHETHER THOSE FACTS BY THAT TIME ARE KNOWN TO, OR REASONABLY OUGHT TO HAVE BEEN DISCOVERED BY, CUSTOMER. (d) BECAUSE THE APPLICABLE LAWS OF SOME LOCATIONS DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, ABOVE LIMITATION OR ANY SERVICES RENDERED UNDER THIS AGREEMENT. EXCLUSION MAY NOT APPLY TO ALL CUSTOMERS. (e) THE TOTAL LIABILITY LIMITATIONS OF VUEWORKS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT, INCLUDING THE SOFTWAREFEES DUE HEREUNDER. CUSTOMER ACKNOWLEDGES THAT IPS WOULD NOT BE ABLE TO PROVIDE CUSTOMER WITH THE SOFTWARE SERVICES, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, AND SUPPORT SERVICES OR ANY RELATED PRODUCTS OR SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYWITHOUT SUCH LIMITATIONS.

Limitation of Liability and Damages. EXCEPT IN THE CASE ENTIRE CUMULATIVE LIABILITY OF LIABILITY DEVELOPER, ITS SUPPLIERS, AND SERVICES PROVIDERS FOR ANY REASON ARISING OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS FROM OR PURSUANT RELATING TO CUSTOMER’S INDEMNITY OBLIGATIONS, NEITHER PARTY WILL HAVE ANY LIABILITY THIS AGREEMENT SHALL BE LIMITED TO THE OTHER AMOUNT PAID BY YOU 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 SOFTWARE, HOSTED SOFTWREUNLESS OTHERWISE SEPARATELY AGREED BY DEVELOPER IN WRITING. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TECHNICAL SUPPORTDEVELOPER, MAINTENANCEITS SUPPLIERS, DATA MAINTENANCEAND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR FOR ANY SERVICES RENDERED UNDER THIS AGREEMENT. THE TOTAL LIABILITY DAMAGES RELATING TO LOSS OF VUEWORKS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENTBUSINESS, TELECOMMUNICATION FAILURES, THE SOFTWARELOSS, HOSTED SOFTWRECORRUPTION OR THEFT OF DATA, TECHNICAL SUPPORTVIRUSES, MAINTENANCESPYWARE, DATA MAINTENANCELOSS OF PROFITS OR INVESTMENT, USE OF THE SOFTWARE WITH HARDWARE OR OTHER SOFTWARE THAT DOES NOT MEET DEVELOPER’S SYSTEMS REQUIREMENTS OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF DEVELOPER, ITS SUPPLIERS, SERVICE PROVIDERS, OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF DAMAGES WILL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYITS ESSENTIAL PURPOSE.

Limitation of Liability and Damages. 16.1 EXCEPT AS PROVIDED IN THE CASE OF LIABILITY ARISING OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS OR PURSUANT TO CUSTOMER’S INDEMNITY OBLIGATIONSARTICLE II AND ARTICLE XV, NEITHER RESPECTIVELY, IN NO EVENT WILL EITHER PARTY WILL HAVE ANY LIABILITY BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR LOSS OF ANY NATURE (e.g., DAMAGE TO PROPERTY, LOSS OF PROFITS, SALESBUSINESS INTERRUPTION, BUSINESSLOST SAVINGS, LOSS OF USE, LOST OR DAMAGED FILES OR 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 SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCEINJURY TO PERSON, OR ANY SERVICES RENDERED UNDER THIS CLAIMS OF THOSE NOT A PARTY TO THE AGREEMENT. ) WHICH MAY ARISE IN CONNECTION WITH THE TOTAL LIABILITY USE, ADAPTATION, MERGER, INCORPORATION, DISTRIBUTION, INSTALLATION, REMOVAL OR SUPPORT OF VUEWORKS STANDARD PRODUCTS AND/OR MODIFIED PRODUCTS (SEPARATELY OR IN COMBINATION WITH OTHER HARDWARE OR SOFTWARE NOT PROVIDED BY VOICETEK) BY NTI, NORTHERN TELECOM COMPANIES, MANUFACTURING LICENSEES AND AUTHORIZED DISTRIBUTORS PURSUANT TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS THE AGREEMENT, REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED OR REMEDIES ARE SOUGHT IN WARRANTY, CONTRACT, NEGLIGENCE, STRICT TORT, PRODUCTS LIABILITY OR OTHERWISE, EVEN IF THE SOFTWAREPARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. EXCEPT AS PROVIDED IN ARTICLE II AND ARTICLE XV, HOSTED SOFTWRERESPECTIVELY, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT THE MAXIMUM LIABILITY FOR ANY AND ALL CLAIMS OR TYPES BREACH OF DAMAGES WILL NOT THE AGREEMENT BY EITHER PARTY SHALL IN NO EVENT EXCEED THE TOTAL SUM OF ONE MILLION DOLLARS ($1,000,000.00) OR THE AGGREGATE AMOUNT OF PRICES AND/OR LICENSE FEES PAID HEREUNDER BY CUSTOMER DURING UNDER THE 12 MONTHS AGREEMENT OVER THE IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYFOUR CONSECUTIVE QUARTERS, WHICHEVER IS GREATER.

Limitation of Liability and Damages. EXCEPT IN NO EVENT SHALL OPIE BE LIABLE OR OBLIGATED TO YOU OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND REGARDLESS OF THE CASE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE. OPIE CHOICE’S SOLE AND COMPLETE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF A PARTY’S BREACH OR RELATING TO THIS AGREEMENT OR ANY ERRORS, OMISSIONS OR MISPLACEMENTS OF SERVICES SHALL BE LIMITED TO THE AMOUNT OF MEMBERSHIP FEES PAID HEREUNDER. IN NO EVENT WILL OPIE CHOICE OR ITS CONFIDENTIALITY OBLIGATIONS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR PURSUANT TO CUSTOMER’S INDEMNITY OBLIGATIONS, NEITHER THIRD-PARTY WILL PARTNERS OR SUPPLIERS HAVE ANY LIABILITY TO THE OTHER YOU FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, LOSSES, AND CAUSES OF ANY KIND OR NATURE RESULTING FROM OR ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR YOUR USE OF THE WEBSITE (WHETHER IN CONTRACT, THE SOFTWARETORT INCLUDING NEGLIGENCE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCEWARRANTY, OR ANY SERVICES RENDERED UNDER THIS AGREEMENT. THE TOTAL LIABILITY OF VUEWORKS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYOTHERWISE).

Limitation of Liability and Damages. EXCEPT 13.1 Limitation of Liability OUR ROCK SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF ANY OUR ROCK PLATFORM, SERVICES, CONTENT, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS, YOUR DISPLAYING, COPYING, DOWNLOADING, OR USING, ANY CONTENT, INCLUDING FROM OR THROUGH ANY OUR ROCK PLATFORM. OUR ROCK SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OF ANY OUR ROCK PLATFORM, CONTENT, OR SERVICE TO OPERATE, FOR ANY ERRORS IN THE CASE OR IN CONNECTION WITH ANY OUR ROCK PLATFORM, SERVICE, OR CONTENT, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS, OR FOR ANY LACK OF LIABILITY ARISING OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS ACCESS TO ANY OUR ROCK PLATFORM, CONTENT, OR PURSUANT SERVICE, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS. OUR ROCK MAY INTERRUPT ANY OUR ROCK PLATFORM OR SERVICE AT ANY TIME TO CUSTOMER’S INDEMNITY OBLIGATIONSPERFORM MAINTENANCE, NEITHER PARTY WILL HAVE TO ADDRESS SECURITY BREACHES, OR FOR ANY OTHER REASON, OR NO REASON AT ALL, WITH NO LIABILITY TO THE OTHER YOU WHATSOEVER. IN NO EVENT SHALL OUR ROCK BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, RELIANCE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE, PROFITS, SALES, BUSINESS, DATAUSE, OR OTHER INCIDENTALECONOMIC ADVANTAGE, CONSEQUENTIAL, ANY DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCELEGAL DISPUTE, OR ANY SERVICES RENDERED UNDER THIS AGREEMENTOTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) HOWEVER ARISING, EVEN IF OUR ROCK KNOWS OR HAS BEEN ADVISED THERE IS A POSSIBILITY OF SUCH DAMAGE. THE TOTAL LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE. THESE LIMITATIONS OF VUEWORKS LIABILITY ALSO APPLY WITH RESPECT TO CUSTOMER DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN OUR ROCK AND RECEIVED THROUGH OR ADVERTISED ON ANY OUR ROCK PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES. THESE TERMS DO NOT GRANT YOU OR ANY THIRD PARTY NOT IN PRIVITY TO THIS AGREEMENT ANY GREATER OR ADDITIONAL RIGHTS OR REMEDIES AGAINST YOU OR OUR ROCK THAN SUCH THIRD PARTY MIGHT OTHERWISE HAVE ABSENT THESE TERMS. THESE TERMS DO NOT GRANT ANY THIRD PARTY BENEFICIARY RIGHTS, SUCH RIGHTS ARE EXPRESSLY DISCLAIMED. 13.2 Limitation of Damages IN NO EVENT WILL OUR ROCK OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, ATTORNEYS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF THIS AGREEMENTOR RELATING TO THESE TERMS, THE SOFTWAREOR YOUR USE OF ANY OUR ROCK PLATFORM, HOSTED SOFTWRESERVICE, TECHNICAL SUPPORTCONTENT, MAINTENANCEOR REFERENCE SITES, DATA MAINTENANCEOR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS TORT INCLUDING NEGLIGENCE, WARRANTY, COPYRIGHT OR TYPES OF DAMAGES TRADEMARK INFRINGEMENT OR OTHERWISE), WILL NOT EXCEED ONE HUNDRED DOLLARS. THE TOTAL FEES PAID HEREUNDER LIABILITIES LIMITED BY CUSTOMER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE. THESE LIMITATIONS OF DAMAGES ALSO APPLY WITH RESPECT TO LIABILITYDAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES AND RECEIVED THROUGH OR ADVERTISED ON ANY OUR ROCK PLATFORM, SERVICES, OR CONTENT, OR RECEIVED THROUGH ANY REFERENCE SITES.

Limitation of Liability and Damages. EXCEPT IN THE CASE NO EVENT SHALL XXXX, ITS AFFILIATES OR ANY OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR REPRESENTATIVES OF LIABILITY ARISING OUT OF A PARTY’S BREACH OF XXXX OR ITS CONFIDENTIALITY OBLIGATIONS AFFILIATES, BE LIABLE TO LICENSEE OR PURSUANT TO CUSTOMER’S INDEMNITY OBLIGATIONS, NEITHER PARTY WILL HAVE ANY LIABILITY TO THE OTHER END USERS FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE 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, OR OTHER INCIDENTAL, CONSEQUENTIALLOSS OF GOODWILL WHICH MAY ARISE IN CONNECTION WITH THE XXXX SYSTEM, OR SPECIAL OTHERWISE PERTAINING TO THIS AGREEMENT (INCLUDING THE HOSTING SERVICES), EVEN IF LICENSEE OR ITS END USERS HAVE BEEN NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. THE PARTIES AGREE THAT THIS LIMITATION OF LIABILITY SHALL SURVIVE IN FULL FORCE AND EFFECT DESPITE ANY FAILURE OF AN EXCLUSIVE REMEDY. IN ADDITION, IN NO EVENT SHALL ADAM'S CUMULATIVE LIABILITY FOR ANY DIRECT DAMAGES TO LICENSEE OR ANY END USERS EXCEED AN AMOUNT EQUAL TO THE AMOUNT OF FEES PAID BY LICENSEE HEREUNDER, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE. XXXX SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR EXTERNAL ENVIRONMENTAL CONDITIONS THAT MAY AFFECT THE PERFORMANCE OF THE XXXX SYSTEM OR HOSTING SERVICES INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, INTERRUPTION OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, OR ANY SERVICES RENDERED UNDER THIS AGREEMENT. THE TOTAL LIABILITY OF VUEWORKS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYPOWER.

Limitation of Liability and Damages. EXCEPT NEITHER PARTY NOR ANY OF ITS AFFILIATES (AND IN THE CASE OF LIABILITY ARISING OUT OF A PARTY’S BREACH OF CCH, ITS CONFIDENTIALITY OBLIGATIONS SUPPLIERS, LICENSORS OR PURSUANT TO CUSTOMER’S INDEMNITY OBLIGATIONS, NEITHER PARTY CONSULTANTS) WILL HAVE ANY LIABILITY TO THE OTHER OR ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY CONTRACTOR, AGENT, OR 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 SOFTWAREAPPLICATION, HOSTED SOFTWRESUPPORT AND/OR SERVICES; PROVIDED, TECHNICAL SUPPORTHOWEVER, MAINTENANCETHAT THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY FOR ANY BREACH OF A PARTY’S CONFIDENTIALITY OBLIGATIONS UNDER SECTION 10.1 OR A BREACH OF A PARTY’S (OR IN THE CASE OF CCH, DATA MAINTENANCEITS SUPPLIERS, LICENSORS OR ANY SERVICES RENDERED UNDER THIS AGREEMENTCONSULTANTS, AS APPLICABLE) OWNERSHIP RIGHTS BY THE OTHER PARTY AS SET FORTH HEREIN. THE TOTAL LIABILITY OF VUEWORKS CCH AND ITS SUPPLIERS, LICENSORS AND CONSULTANTS TO CUSTOMER OR ANY THIRD PARTY RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE SOFTWAREAPPLICATION, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, AND ANY SUPPORT AND/OR SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL SHALL NOT EXCEED THE TOTAL FEES PAID HEREUNDER OR PAYABLE BY CUSTOMER FOR THE APPLICABLE APPLICATION DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY.TWELVE

Limitation of Liability and Damages. EXCEPT IN THE CASE NO EVENT SHALL A DISCLAIMING ENTITY (AS DEFINED IN XXXXXXX 0 XXXXX) XX LIABLE FOR ANY LOST PROFITS, LOSS OF LIABILITY DATA, OR ANY 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 A PARTY’S BREACH THE SERVICE. UNDER NO CIRCUMSTANCES WILL ANY OF ITS CONFIDENTIALITY OBLIGATIONS THE DISCLAIMING ENTITIES (AS DEFINED IN XXXXXXX 0 XXXXX) XX RESPONSIBLE FOR ANY DAMAGE, LOSS OR PURSUANT INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR SERVICE ACCOUNT OR THE INFORMATION CONTAINED THEREIN. 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 CUSTOMER’S INDEMNITY OBLIGATIONSOR 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 SERVICE; (D) ANY SOFTWARE BUGS, NEITHER PARTY WILL HAVE VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE; (E) ANY LIABILITY TO THE OTHER 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 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 SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, OR ANY SERVICES RENDERED UNDER THIS AGREEMENT. THE TOTAL DISCLAIMING ENTITIES’ CUMULATIVE LIABILITY OF VUEWORKS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, YOU SHALL BE LIMITED TO DIRECT DAMAGES AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND IN ALL CLAIMS OR TYPES OF DAMAGES WILL EVENTS SHALL NOT EXCEED IN THE TOTAL AGGREGATE THE AMOUNT OF FEES PAID HEREUNDER BY CUSTOMER YOU TO SHOPIFY DURING THE 12 MONTHS THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THIS LIMITATION OF LIABILITY SECTION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING WITHOUT LIMITATION CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS. THE LIMITATIONS APPLY EVEN IF SHOPIFY, STRIPE OR XXXXX FARGO 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. The Service is controlled and operated from its facilities in the United States. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States, foreign and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

Limitation of Liability and Damages. EXCEPT THE ENTIRE LIABILITY OF INTUIT AND ITS SUPPLIERS FOR ANY REASON SHALL BE LIMITED TO THE RETAIL VALUE OF THE INTUIT SOFT- WARE UNLESS OTHERWISE SEPARATELY AGREED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT, ITS AGENTS OR EMPLOYEES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), USE OF THE SOFTWARE WITH HARDWARE OR OTHER SOFTWARE THAT DOES NOT MEET INTUIT’S SYSTEMS REQUIREMENTS WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF INTUIT, ITS AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE CASE 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 ARISING OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS FOR INCIDENTAL OR PURSUANT TO CUSTOMER’S INDEMNITY OBLIGATIONS, NEITHER PARTY WILL HAVE ANY LIABILITY TO THE OTHER FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE CONSEQUENTIAL DAMAGES, OF ANY KIND SO THE ABOVE LIMITATION OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, OR ANY SERVICES RENDERED UNDER THIS AGREEMENTEXCLUSION MAY NOT APPLY TO YOU. THE TOTAL LIABILITY OF VUEWORKS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES LIMITATIONS OF DAMAGES WILL SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTUIT AND YOU. INTUIT WOULD NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE BE ABLE TO LIABILITYHAVE PROVIDED THIS INTUIT SOFTWARE WITHOUT SUCH LIMITATIONS.

Limitation of Liability and Damages. EXCEPT IN THE CASE OF LIABILITY ARISING OUT OF A PARTY’S BREACH OF UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY OR ITS CONFIDENTIALITY OBLIGATIONS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR PURSUANT THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO CUSTOMER’S INDEMNITY OBLIGATIONS, NEITHER PARTY WILL HAVE ANY LIABILITY TO THE OTHER 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 COMPANY MATERIALS ON THE SITE, INCLUDING EXEMPLARY AND PUNITIVE THE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH COMP ANY ,EVEN IF COMP ANY OR A COMP ANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENT AL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ 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 SOFTWARETORT, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCEWARRANTY, OR OTHERWISE) EXCEED FIVE U.S. DOLLARS. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES RENDERED UNDER THIS AGREEMENT. SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN COMPANY AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE TOTAL LIABILITY OF VUEWORKS TO CUSTOMER SITE OR RECEIVED BY YOU THROUGH ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, LINKS PROVIDED ON THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYSITE.

Limitation of Liability and Damages. EXCEPT NEITHER PARTY (AND, IN THE CASE OF LIABILITY ARISING OUT OF A PARTY’S BREACH OF CCH SFS, ITS CONFIDENTIALITY OBLIGATIONS OR PURSUANT TO CUSTOMER’S INDEMNITY OBLIGATIONSAFFILIATES, NEITHER PARTY CONSULTANTS, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS) WILL HAVE ANY LIABILITY TO 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 SOFTWAREPRODUCT(S), HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, ELECTRONIC FILING AND/OR ANY SERVICES RENDERED UNDER THIS AGREEMENTPROVIDED HEREUNDER. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY WITH RESPECT TO ANY VIOLATION OF EITHER PARTY’S INTELLECTUAL PROPERTY RIGHTS AS SET FORTH HEREIN. THE TOTAL LIABILITY OF VUEWORKS CCH SFS AND ITS 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 SOFTWAREPRODUCT(S), HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, AND ELECTRONIC FILING AND/OR ANY SERVICES RENDERED UNDER THIS AGREEMENT PROVIDED HEREUNDER, FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL DAMAGES, SHALL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER DURING FOR THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT PRODUCT(S) 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 subsection 8.4 represent the agreed, bargained- for understanding of the parties and CCH SFS’ compensation hereunder reflects such allocations. THE 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 TORT, CONTRACT OR OTHERWISE, AND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability and Damages. EXCEPT IN THE CASE NO EVENT SHALL A DISCLAIMING ENTITY (AS DEFINED ABOVE) BE LIABLE FOR ANY LOST PROFITS, LOSS OF LIABILITY DATA, OR ANY 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 A PARTY’S BREACH THE SERVICES. UNDER NO CIRCUMSTANCES WILL ANY OF ITS CONFIDENTIALITY OBLIGATIONS THE DISCLAIMING ENTITIES (AS DEFINED ABOVE) BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR PURSUANT INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR 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 CUSTOMER’S INDEMNITY OBLIGATIONSOR USE OF THE SERVICES; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS USED IN CONNECTION WITH OUR SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (III) ANY SOFTWARE BUGS, NEITHER PARTY WILL HAVE VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES; (IV) ANY LIABILITY TO THE OTHER 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 SERVICES; OR (V) 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 AGREEMENTARTICLE SECTION, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, OR ANY SERVICES RENDERED UNDER THIS AGREEMENT. THE TOTAL DISCLAIMING ENTITIES’ CUMULATIVE LIABILITY OF VUEWORKS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, YOU SHALL BE LIMITED TO DIRECT DAMAGES AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND IN ALL CLAIMS OR TYPES OF DAMAGES WILL EVENTS SHALL NOT EXCEED IN THE TOTAL AGGREGATE THE AMOUNT OF FEES PAID HEREUNDER BY CUSTOMER YOU TO V2S DURING THE 12 MONTHS THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THIS LIMITATION OF LIABILITY ARTICLE SECTION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING WITHOUT LIMITATION CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS. THE LIMITATIONS APPLY EVEN IF V2S OR XXXXX FARGO N.A. 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.

Limitation of Liability and Damages. EXCEPT IN NO EVENT WILL EITHER NATA OR END-USER BE LIABLE FOR, AND THE CASE OF LIABILITY ARISING OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS OR PURSUANT PARTIES HEREBY WAIVE AS TO CUSTOMER’S INDEMNITY OBLIGATIONSONE ANOTHER, NEITHER PARTY WILL HAVE ANY LIABILITY TO THE OTHER FOR FULLEST EXTENT PERMITTED BY LAW, ANY LOSS OF PROFITSCONSEQUENTIAL, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIALINDIRECT, SPECIAL, AND/OR SPECIAL LOSS OR DAMAGEPUNITIVE DAMAGES INCURRED BY THE OTHER PARTY, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING ARISING FROM OR ARISING OUT OF RELATED TO THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, PROGRAM OR ANY SERVICES RENDERED EITHER PARTY’S PERFORMANCE OR NONPERFORMANCE UNDER THIS AGREEMENT. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF DATA, LOSS OF USE OF MONEY OR PRODUCTS, LOSSES DUE TO ANY INABILITY OF END-USER TO ACCESS THE TOTAL PROGRAM, LOSS OF GOOD WILL AND/OR BUSINESS REPUTATION, LOST PROFITS OR REVENUE, ADDITIONAL LABOR COSTS, AND LOST TIME OR OTHER ECONOMIC LOSS. THE ABOVE LIMITATIONS APPLY WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE BASED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE NON-DAMAGED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE CUMULATIVE LIABILITY OF VUEWORKS NATA AND ANY OF ITS AFFILIATES, ARISING UNDER OR RELATED TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE SOFTWAREWHETHER IN CONTRACT, HOSTED SOFTWRETORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), TECHNICAL SUPPORTOR OTHERWISE, MAINTENANCE, DATA MAINTENANCE, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID HEREUNDER BY CUSTOMER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE END-USER TO LIABILITYNATA UNDER THIS AGREEMENT.

Limitation of Liability and Damages. EXCEPT a. RADAR AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, LICENSORS, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY AMOUNTS THAT, IN THE CASE AGGREGATE, EXCEED THE FEES PAID OR PAYABLE BY YOU TO RADAR FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE APPLICABLE CLAIM , IN EACH CASE, WHETHER OR NOT RADAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. b. NOTWITHSTANDING THE FOREGOING, RADAR’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS RELATED TO A PARTYRADAR’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS OR PURSUANT TO CUSTOMER’S INDEMNITY OBLIGATIONSUNDER SECTION 6 (“PRIVACY AND DATA PROTECTION”), NEITHER PARTY WILL HAVE ANY LIABILITY TO THE OTHER 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 SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, OR ANY SERVICES RENDERED UNDER THIS AGREEMENT. THE TOTAL LIABILITY OF VUEWORKS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCESECTION 7 (“CONFIDENTIALITY”), AND ANY SERVICES RENDERED THE DATA PROCESSING AGREEMENT SHALL NOT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER DURING THE 12 TWELVE (12) MONTHS IMMEDIATELY PRECEDING PRIOR TO THE FIRST EVENT GIVING RISE TO THE LIABILITY. c. SECTIONS 10a AND 10b SHALL NOT APPLY TO CLAIMS RELATED TO: (A) FRAUD OR WILLFUL MISCONDUCT, OR (B) DEATH OR BODILY INJURY OF A PERSON.

Limitation of Liability and Damages. EXCEPT IN THE CASE OF LIABILITY ARISING OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS OR PURSUANT TO CUSTOMER’S INDEMNITY OBLIGATIONS, NEITHER PARTY WILL HAVE ANY LIABILITY TO THE OTHER MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAFEPAY, ITS ISSUERS, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF SAFEPAY; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM SAFEPAY; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH SAFEPAY BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF PROFITSTHE USE OF ANY CONTENT POSTED, SALESEMAILED, BUSINESS, DATATRANSMITTED, OR OTHER INCIDENTALOTHERWISE MADE AVAILABLE THROUGH SAFEPAY; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, CONSEQUENTIALOFFENSIVE, OR SPECIAL LOSS ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL SAFEPAY, ITS ISSUERS, ITS PROCESSORS, AGENTS, SUPPLIERS, OR DAMAGELICENSORS (OR THEIR RESPECTIVE AFFILIATES, INCLUDING EXEMPLARY AGENTS, DIRECTORS, AND PUNITIVE EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING INR 500. THIS LIMITATION OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENTLIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, THE SOFTWARETORT, HOSTED SOFTWRENEGLIGENCE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCESTRICT LIABILITY, OR ANY SERVICES RENDERED UNDER THIS AGREEMENTOTHER BASIS, EVEN IF SAFEPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE TOTAL FOREGOING LIMITATION OF LIABILITY OF VUEWORKS SHALL APPLY TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENTTHE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SafePay is controlled and operated from facilities in India. SafePay makes no representations that SafePay is appropriate or available for use in other locations. Those who access or use SafePay from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws of the Republic of India and local laws and regulations, THE SOFTWAREincluding but not limited to export and import regulations. You may not use SafePay if you are a resident of a country embargoed by India, HOSTED SOFTWREor are a foreign person or entity blocked or denied by the government of India. Unless otherwise explicitly stated, TECHNICAL SUPPORTall materials found on SafePay are solely directed to individuals, MAINTENANCEcompanies, DATA MAINTENANCE, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYor other entities located in India.

Limitation of Liability and Damages. EXCEPT IN THE CASE OF LIABILITY ARISING OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS OR PURSUANT TO CUSTOMER’S INDEMNITY OBLIGATIONS, NEITHER PARTY WILL HAVE ANY LIABILITY BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR ANY OTHER THEORY) OR OTHERWISE, EXCEPT FOR: (i) CLAIMS FOR WHICH A PARTY HAS AN OBLIGATION OF INDEMNITY UNDER THIS AGREEMENT; OR (ii) ANY BREACH OF SECTION 4 (SETTLEMENT AND PAYMENT) OR SECTION 7 (CONFIDENTIAL INFORMATION) CONSEQUENTIAL DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTIONS, OR 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 BUSINESS INFORMATION ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, PERFORMANCE OR NON-PERFORMANCE HEREUNDER OR ANY SERVICES RENDERED UNDER THIS AGREEMENTUSE OF OR FAILURE TO BE ABLE TO USE THE SERVICES, WHETHER OR NOT A PARTY WAS OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES. THE TOTAL LIABILITY OF VUEWORKS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY11.

Limitation of Liability and Damages. EXCEPT IN THE CASE OF LIABILITY ARISING OUT OF A PARTY’S BREACH OF UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, WILL SOC OR ITS CONFIDENTIALITY OBLIGATIONS AFFILIATES, CONT- RACTORS, EMPLOYEES, AGENTS, OR PURSUANT TO CUSTOMER’S INDEMNITY OBLIGATIONSTHIRD-PARTY PARTNERS, NEITHER PARTY WILL HAVE ANY LIABILITY TO THE OTHER LICENSEES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY LOSS OF PROFITSSPECIAL, SALESINDIRECT, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR SPECIAL EXEMPLARY DAMAGES (INCLU- DING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, DAMAGE OF ANY KIND OR NATURE RESULTING FROM OR WHATSOEVER) ARISING OUT OF THIS AGREEMENT, OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, OR ANY SERVICES RENDERED UNDER THIS AGREEMENT. THE TOTAL LIABILITY OF VUEWORKS TO CUSTOMER SERVICE OR ANY THIRD PARTY SITES, OR ANY OTHER INTER- ACTIONS WITH SOC, EVEN IF SOC, ITS THIRD-PARTY PARTNERS, LICENSEES, LICENSORS, OR SUPPLIERS OR AN SOC AUTHORISED 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, SOC’S LIABILITY, AND THE LIABILITY OF ITS THIRD-PARTY PARTNERS, LICENSEES, LICENSORS OR SUPPLIERS, IF ANY, WILL BE LIMITED TO THE FULLEST EX- TENT PERMITTED BY APPLICABLE LAW. SOC WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF THIS AGREEMENTOR RELATING TO THE DEFAULT OF ANY PRIVILEGE PARTNER OR LICENSOR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE SOFTWAREABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, HOSTED SOFTWRESOC’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE JURISDICTION TO LIABILITYJURISDICTION.

Limitation of Liability and Damages. EXCEPT a. WE, AND OUR SUBSIDIARY COMPANIES AND AFFILIATED LEGAL ENTITIES AND ALL OF OUR DIRECTORS, OFFICERS, AGENTS, LICENSORS AND EMPLOYEES SHALL NOT BE LIABLE TO YOU OR YOUR AUTHORIZED USERS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE CASE POSSIBILITY OF LIABILITY ARISING OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS SUCH DAMAGES OR PURSUANT LOSSES HAS BEEN NOTIFIED TO CUSTOMER’S INDEMNITY OBLIGATIONSUS, NEITHER PARTY WILL HAVE FOR: (i) ANY LIABILITY TO THE OTHER FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; OR (ii) ANY LOSS OF PROFITS, SALESINCOME, BUSINESS, DATAACTUAL OR ANTICIPATED PROFITS, OPPORTUNITY, GOODWILL OR OTHER INCIDENTALREPUTATION (WHETHER DIRECT OR INDIRECT); OR (iii) ANY DAMAGE TO OR CORRUPTION OF DATA (WHETHER DIRECT OR INDIRECT); OR (iv) ANY CLAIM, CONSEQUENTIAL, DAMAGE OR SPECIAL LOSS (WHETHER DIRECT OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING INDIRECT) ARISING FROM OR ARISING OUT RELATING TO ANY PRODUCT OR SERVICE PROVIDED BY A THIRD PARTY UNDER THEIR OWN TERMS OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, OR ANY SERVICES RENDERED UNDER THIS AGREEMENT. THE TOTAL LIABILITY OF VUEWORKS TO CUSTOMER SERVICE OR ANY THIRD PARTY WEBSITE. b. IN NO EVENT WILL WE, OR OUR SUBSIDIARY COMPANIES OR AFFILIATED LEGAL ENTITIES OR ANY OF OUR DIRECTORS, OFFICERS, AGENTS, LICENSORS OR EMPLOYEES TOTAL LIABILITY TO YOU OR YOUR AUTHORIZED USERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR OR YOUR AUTHORIZED USERS’ USE OF THE PRODUCTS LISTED FOR SALE ON THE SITE OR THE SERVICES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED $100 CDN. c. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE OFFERED OUR SERVICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY d. YOU AGREE THAT ANY CLAIM ARISING FROM OR RELATED TO THE PRODUCTS AND/OR SERVICES MUST BE BROUGHT BY YOU WITHIN ONE YEAR FROM THE DATE OF THE CIRCUMSTANCES GIVING RISE TO SUCH CLAIM OR SUCH CLAIM IS PERMANENTLY BARRED. e. SOME JURISDICTIONS PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY. IN SUCH CIRCUMSTANCES, TO THE EXTENT THAT SUCH PROHIBITIONS PROHIBIT ANY EXCLUSIONS AND LIMITATIONS IN THIS AGREEMENT, SUCH EXCLUSIONS AND LIMITATIONS WILL NOT APPLY TO YOU OR YOUR AUTHORIZED USER STRICTLY TO THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, AND ANY SERVICES RENDERED UNDER EXTENT NECESSARY TO MAKE THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYCONSISTENT WITH SUCH PROHIBITIONS.

Limitation of Liability and Damages. EXCEPT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL COMPANY OR THE CASE COMPANY BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OF LIABILITY ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOST PROFITS, OR LOST DATA , WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS OR PURSUANT IN CONNECTION WITH THE USE OR INABILITY TO CUSTOMER’S INDEMNITY OBLIGATIONSUSE THE SERVICE, NEITHER PARTY WILL HAVE ANY LIABILITY TO THE OTHER FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, CONTENT OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGEMATERIALS, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, AT THE INCLUDING ANY DAMAGES CAUSED BY OR ARISING OUT OF THE USE OF THE USER OF ANY KIND OR NATURE RESULTING INFORMATION OBTAINED FROM OR ARISING OUT OF THIS AGREEMENTERRORS, THE SOFTWAREACTS OF OMISSIONS, HOSTED SOFTWREDELAYS, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCEDELETING FILES, OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OF OR TRANSFER ANY DERATING, WHETHER THEY ARE CAUSED BY NATURAL DISASTERS, SYSTEM FAILURES COMMUNICATION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO DOCUMENTS, PROGRAMS OR SERVICES RENDERED OF THE COMPANY; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, EXPRESSING AN ACTION OR OMISSION, OR CONSTRUCTIVE NEGLIGENCE), UNDER THIS AGREEMENT. THE TOTAL PRODUCT LIABILITY CERTAINLY LIABILITY OR OTHER THEORY OF VUEWORKS LIABILITY, WHICH RESULT FROM OR IN CONNECTION WITH THE USE OR INABILITY TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENTUSE THE SERVICE, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL DOES NOT EXCEED THE TOTAL FEES AMOUNT PAID HEREUNDER BY CUSTOMER YOU, IF, FOR ACCESS TO THE SERVICE DURING THE 12 TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYDATE MAKING A CLAIM, OR THE AMOUNT OF ONE HUNDRED US DOLLARS, WHICHEVER, WHICH AMOUNT IS GREATER.

Limitation of Liability and Damages. EXCEPT IN THE CASE OF LIABILITY ARISING OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS OR PURSUANT TO CUSTOMER’S INDEMNITY OBLIGATIONS, NEITHER PARTY WILL HAVE ANY LIABILITY TO THE OTHER MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF CPTS, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES PROVIDED HEREUNDER DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, CPTS, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS, SALES, BUSINESS, DATAREVENUE, PROFITS OR INVESTMENT, OR OTHER INCIDENTAL, CONSEQUENTIAL, USE OF SOFTWARE OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, OR ANY SERVICES RENDERED UNDER THIS AGREEMENTHARDWARE THAT DOES NOT MEET CPTS SYSTEMS REQUIREMENTS. THE TOTAL ABOVE LIMITATIONS APPLY EVEN IF CPTS AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF VUEWORKS CPTS, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, SERVICES AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYITS USE.

Limitation of Liability and Damages. EXCEPT a. RADAR AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, LICENSORS, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY AMOUNTS THAT, IN THE CASE AGGREGATE, EXCEED THE FEES PAID OR PAYABLE BY YOU TO RADAR FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE APPLICABLE CLAIM (“GENERAL CAP”), IN EACH CASE, WHETHER OR NOT RADAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. b. NOTWITHSTANDING THE FOREGOING, RADAR’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS RELATED TO A PARTYRADAR’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS OR PURSUANT TO CUSTOMER’S INDEMNITY OBLIGATIONSUNDER SECTION 6 (“PRIVACY AND DATA PROTECTION”), NEITHER PARTY WILL HAVE ANY LIABILITY TO THE OTHER 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 SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, OR ANY SERVICES RENDERED UNDER THIS AGREEMENT. THE TOTAL LIABILITY OF VUEWORKS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCESECTION 7 (“CONFIDENTIALITY”), AND ANY SERVICES RENDERED THE DATA PROCESSING AGREEMENT SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER DURING THE 12 TWELVE (12) MONTHS IMMEDIATELY PRECEDING PRIOR TO THE FIRST EVENT GIVING RISE TO LIABILITYTHE LIABILITY (“ENHANCED CAP”). c. SECTIONS 10a AND 10b SHALL NOT APPLY TO CLAIMS RELATED TO: (A) A PARTY’S INDEMNIFICATION OBLIGATIONS, (B) FRAUD OR WILFUL MISCONDUCT, (C) DEATH OR BODILY INJURY OF A PERSON, OR (D) CUSTOMER’S OBLIGATION TO PAY ANY UNDISPUTED FEES OR INVOICES.

Limitation of Liability and Damages. EXCEPT IN THE CASE OF LIABILITY ARISING OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS OR PURSUANT TO CUSTOMER’S INDEMNITY OBLIGATIONS, NEITHER PARTY WILL HAVE ANY LIABILITY TO THE OTHER MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZIFT, ITS PROCESSORS, SUPPLIERS, LICENSORS, NETWORKS, OR THE BANK (OR THEIR RESPECTIVE AFFILIATES) AGENTS, DIRECTORS AND EMPLOYEES) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, SALESGOODWILL, BUSINESSUSE, DATADATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL ZIFT BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. IN NO EVENT WILL ZIFT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS COVER DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIRD PARTY PRODUCTS OR ANY AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE PRODUCT THAT GIVES RISE TO ANY CLAIM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZIFT, ITS PROCESSORS, THE NETWORKS, AND THE BANK (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) 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 THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, OR ANY DELAY IN PERFORMING OUR OBLIGATIONS UNDER THIS AGREEMENT, REGARDLESS OF WHETHER THE SOFTWAREFAILURE OR DELAY IS CAUSED BY AN EVENT OR CONDITION BEYOND OUR CONTROL; (V) ANY BUGS, HOSTED SOFTWREVIRUSES, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCETROJAN HORSES, OR ANY SERVICES RENDERED UNDER THIS AGREEMENT. THE TOTAL LIABILITY OF VUEWORKS LIKE THAT MAY BE TRANSMITTED TO CUSTOMER OR THROUGH THE SERVICE BY ANY THIRD PARTY ARISING OUT PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THIS AGREEMENTTHE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SOFTWARESERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, HOSTED SOFTWREOFFENSIVE, TECHNICAL SUPPORTOR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL ZIFT, MAINTENANCEITS PROCESSORS, DATA MAINTENANCEAGENTS, SUPPLIERS, LICENSORS, NETWORKS, OR THE BANK (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT EMPLOYEES) BE LIABLE TO YOU FOR ANY AND ALL CLAIMS CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR TYPES COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF DAMAGES WILL NOT EXCEED FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE TOTAL FEES PAID HEREUNDER BY CUSTOMER SERVICE DURING THE 12 MONTHS THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ZIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. The Service is controlled and operated from facilities in the United States. Zift makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

Limitation of Liability and Damages. EXCEPT UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN THE CASE OF LIABILITY ARISING OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS TORT, CONTRACT, OR PURSUANT OTHERWISE, SHALL LICENSOR BE LIABLE TO CUSTOMER’S INDEMNITY OBLIGATIONS, NEITHER PARTY WILL HAVE LICENSEE OR TO ANY LIABILITY TO THE OTHER PERSON FOR ANY LOSS OF PROFITS, SALESDAMAGES, BUSINESSANY INDIRECT, DATAINCIDENTAL, OR OTHER INCIDENTALSPECIAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OR FOR DAMAGES FOR LOST PROFITS OR LOSS OF BUSINESS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), COSTS AND EXPENSES RELATED TO CLAIMS THAT YOUR COMPOSITIONS INFRINGE ON INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY KIND PERSON, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, BUSINESS INTERRUPTION, INFRINGEMENT OF INTELLECTUAL PROPERTY OR NATURE RESULTING FROM OTHER RIGHTS OF ANY PERSON, COMPUTER FAILURE OR ARISING OUT MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DAMAGES WITH RESPECT TO ANY PRODUCT IN EXCESS OF THE PRICE PAID FOR SUCH PRODUCT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS SECTION E SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, OR ANY SERVICES RENDERED UNDER THIS AGREEMENT. THE TOTAL LIABILITY OF VUEWORKS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYOther Provisions Successors/Assigns. Licensee is prohibited from assigning this Agreement. Any attempt by Licensee to assign this Agreement will be void and the rights granted herein shall cease immediately.

Limitation of Liability and Damages. EXCEPT IN THE CASE OF LIABILITY ARISING OUT OF A 8.1. EACH PARTY’S TOTAL AGGREGATE LIABILITY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), BREACH OF ITS CONFIDENTIALITY OBLIGATIONS STATUTORY DUTY, STRICT LIABILITY OR PURSUANT OTHER THEORY, WITH RESPECT TO CUSTOMER’S INDEMNITY OBLIGATIONS, NEITHER PARTY WILL HAVE ANY LIABILITY ALL SUBJECT MATTER RELATING TO THE OTHER 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 SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, OR ANY SERVICES RENDERED UNDER THIS AGREEMENT. THE TOTAL LIABILITY OF VUEWORKS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL SHALL NOT EXCEED THE TOTAL FEES OF THE AMOUNTS PAID HEREUNDER BY CUSTOMER DURING AND PAYABLE TO ONETRUST (WHETHER OR NOT INVOICED) UNDER THE 12 MONTHS IMMEDIATELY AGREEMENT IN THE YEAR PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYA CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT. 8.2. NEITHER PARTY WILL BE LIABLE FOR ANY: (A) SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (B) LOSS OF REVENUES; (C) LOSS OF PROFITS; (D) LOSS OR INACCURACY OF DATA; OR (E) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, ARISING IN CONNECTION WITH THE AGREEMENT, IN EACH CASE, REGARDLESS OF THE FORM OF ACTION (AND WHETHER (B) THROUGH (E) ARE DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), BREACH OF STATUTORY DUTY, STRICT LIABILITY OR OTHER THEORY.

Limitation of Liability and Damages. EXCEPT IN THE CASE OF LIABILITY ARISING OUT OF A PARTY’S BREACH OF UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY OR ITS CONFIDENTIALITY OBLIGATIONS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR PURSUANT THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO CUSTOMER’S INDEMNITY OBLIGATIONS, NEITHER PARTY WILL HAVE ANY LIABILITY TO THE OTHER 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 COMPANY MATERIALS ON THE SITE, INCLUDING EXEMPLARY AND PUNITIVE THE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH COMPANY, EVEN IF COMPANY OR A COMPANY 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, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ 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 SOFTWARETORT, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCEWARRANTY, OR OTHERWISE) EXCEED FIVE U.S. DOLLARS. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES RENDERED UNDER THIS AGREEMENT. SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN COMPANY AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE TOTAL LIABILITY OF VUEWORKS TO CUSTOMER SITE OR RECEIVED BY YOU THROUGH ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, LINKS PROVIDED ON THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYSITE.

Limitation of Liability and Damages. EXCEPT IN THE CASE OF LIABILITY ARISING OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS OR PURSUANT TO CUSTOMER’S INDEMNITY OBLIGATIONS, NEITHER PARTY WILL HAVE ANY LIABILITY TO THE OTHER MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Federal Wibmo wallet, ITS ISSUERS, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF Federal Wibmo wallet; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM Federal Wibmo wallet; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH Federal Wibmo wallet BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF PROFITSTHE USE OF ANY CONTENT POSTED, SALESEMAILED, BUSINESS, DATATRANSMITTED, OR OTHER INCIDENTALOTHERWISE MADE AVAILABLE THROUGH Federal Wibmo wallet; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, CONSEQUENTIALOFFENSIVE, OR SPECIAL LOSS ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL Federal Wibmo wallet, ITS ISSUERS, ITS PROCESSORS, AGENTS, SUPPLIERS, OR DAMAGELICENSORS (OR THEIR RESPECTIVE AFFILIATES, INCLUDING EXEMPLARY AGENTS, DIRECTORS, AND PUNITIVE EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING INR 500. THIS LIMITATION OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENTLIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, THE SOFTWARETORT, HOSTED SOFTWRENEGLIGENCE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCESTRICT LIABILITY, OR ANY SERVICES RENDERED UNDER THIS AGREEMENTOTHER BASIS, EVEN IF Federal Wibmo wallet HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE TOTAL FOREGOING LIMITATION OF LIABILITY OF VUEWORKS SHALL APPLY TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENTTHE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. Federal Wibmo wallet is controlled and operated from facilities in India. Federal Wibmo wallet makes no representations that Federal Wibmo wallet is appropriate or available for use in other locations. Those who access or use Federal Wibmo wallet from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws of the Republic of India and local laws and regulations, THE SOFTWAREincluding but not limited to export and import regulations. You may not use Federal Wibmo wallet if you are a resident of a country embargoed by India, HOSTED SOFTWREor are a foreign person or entity blocked or denied by the government of India. Unless otherwise explicitly stated, TECHNICAL SUPPORTall materials found on Federal Wibmo wallet are solely directed to individuals, MAINTENANCEcompanies, DATA MAINTENANCE, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYor other entities located in India.

Limitation of Liability and Damages. EXCEPT IN THE CASE OF LIABILITY ARISING OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS OR PURSUANT TO CUSTOMER’S INDEMNITY OBLIGATIONS, NEITHER PARTY WILL HAVE ANY LIABILITY TO THE OTHER MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IDBI BANK PAYAPT, ITS ISSUERS, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF IDBI BANK PAYAPT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM IDBI BANK PAYAPT; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH IDBI BANK PAYAPT BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF PROFITSTHE USE OF ANY CONTENT POSTED, SALESEMAILED, BUSINESS, DATATRANSMITTED, OR OTHER INCIDENTALOTHERWISE MADE AVAILABLE THROUGH IDBI BANK PAYAPT; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, CONSEQUENTIALOFFENSIVE, OR SPECIAL LOSS ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL IDBI BANK PAYAPT, ITS ISSUERS, ITS PROCESSORS, AGENTS, SUPPLIERS, OR DAMAGELICENSORS (OR THEIR RESPECTIVE AFFILIATES, INCLUDING EXEMPLARY AGENTS, DIRECTORS, AND PUNITIVE EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING INR 500. THIS LIMITATION OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENTLIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, THE SOFTWARETORT, HOSTED SOFTWRENEGLIGENCE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCESTRICT LIABILITY, OR ANY SERVICES RENDERED UNDER THIS AGREEMENTOTHER BASIS, EVEN IF IDBI BANK PAYAPT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE TOTAL FOREGOING LIMITATION OF LIABILITY OF VUEWORKS SHALL APPLY TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENTTHE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IDBI Bank PayApt is controlled and operated from facilities in India. IDBI Bank PayApt makes no representations that IDBI Bank PayApt is appropriate or available for use in other locations. Those who access or use IDBI Bank PayApt from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws of the Republic of India and local laws and regulations, THE SOFTWAREincluding but not limited to export and import regulations. You may not use IDBI Bank PayApt if you are a resident of a country embargoed by India, HOSTED SOFTWREor are a foreign person or entity blocked or denied by the government of India. Unless otherwise explicitly stated, TECHNICAL SUPPORTall materials found on IDBI Bank PayApt are solely directed to individuals, MAINTENANCEcompanies, DATA MAINTENANCE, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYor other entities located in India.

Limitation of Liability and Damages. EXCEPT IN THE CASE A. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, OR ANY CONTENT OR SERVICES AVAILABLE THROUGH THE APPLICATION, FOR: • PERSONAL INJURY OR PROPERTY DAMAGE; • ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON- PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER); or • DIRECT DAMAGES IN AMOUNTS THAT EXCEED £50. THE ABOVE LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS CONTRACT, TORT OR PURSUANT OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORSEEABLE OR IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. B. DEVICE CHARGES WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL CHARGES IMPOSED BY YOUR DEVICE CARRIER WITH RESPECT TO CUSTOMER’S INDEMNITY OBLIGATIONSYOUR USE OF THE APPLICATION, NEITHER PARTY INCLUDING WITHOUT LIMITATION ALL TEXT MESSAGING CHARGES, ROAMING AND INTERNATIONAL CHARGES, AND USAGE AND OVERAGE CHARGES CHARGED BY YOUR CARRIER. IN NO EVENT WILL WE HAVE ANY LIABILITY TO YOU OR ANY OTHER PARTY RELATING TO ANY CHARGES IMPOSED BY YOUR DEVICE CARRIER RELATING TO YOUR USE OF THE OTHER FOR ANY LOSS APPLICATION. C. THIRD PARTY MATERIALS THESE LIMITATIONS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY KIND THIRD PARTIES OR NATURE RESULTING FROM OR OTHERWISE BY THIRD PARTIES OTHER THAN US. D. BASIS OF THE BARGAIN YOU ACKNOWLEDGE AND AGREE THAT WE HAVE OFFERED THE APPLICATION AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. WE WOULD NOT BE ABLE TO PROVIDE THE APPLICATION TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS. E. CLAIMS YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF THIS AGREEMENTOR RELATED TO THE APPLICATION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES. OTHERWISE, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, OR ANY SERVICES RENDERED UNDER THIS AGREEMENT. THE TOTAL LIABILITY SUCH CAUSE OF VUEWORKS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYACTION IS PERMANENTLY BARRED.

Limitation of Liability and Damages. IN NO EVENT SHALL IC CHECK OR ANY AFFILIATE BE LIABLE FOR LOSS OF DATA OR RECORDS OF CUSTOMER OR END-USERS, IT BEING UNDERSTOOD THAT CUSTOMER SHALL BE RESPONSIBLE FOR ASSURING PROPER AND ADEQUATE BACK-UP AND STORAGE PROCEDURES. EXCEPT IN THE CASE FOR ANY BREACH OR VIOLATION BY CUSTOMER OF LIABILITY ARISING OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS OR PURSUANT TO SECTION 5 AND CUSTOMER’S INDEMNITY OBLIGATIONSINDEMNIFICATION OBLIGATIONS WITH RESPECT TO CLAIMS MADE UNDER SECTION 7(e), NEITHER IN NO EVENT WILL EITHER PARTY WILL HAVE ANY LIABILITY BE LIABLE FOR, AND THE PARTIES HEREBY WAIVE AS TO ONE ANOTHER, TO THE OTHER FOR FULLEST EXTENT PERMITTED BY LAW, ANY LOSS OF PROFITSCONSEQUENTIAL, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIALINDIRECT, SPECIAL, AND/OR SPECIAL LOSS OR DAMAGEPUNITIVE DAMAGES INCURRED BY THE OTHER PARTY, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING ARISING FROM OR ARISING OUT OF RELATED TO THIS AGREEMENT, THE SOFTWAREPROGRAM, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCETHE SERVICES, OR ANY SERVICES RENDERED EITHER PARTY’S PERFORMANCE OR NONPERFORMANCE UNDER THIS AGREEMENT. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF DATA, LOSS OF USE OF MONEY OR PRODUCTS, LOSSES DUE TO ANY INABILITY OF ANY END-USER TO ACCESS THE TOTAL PROGRAM OR SERVICES, LOSS OF GOOD WILL AND/OR BUSINESS REPUTATION, LOST PROFITS OR REVENUE, ADDITIONAL LABOR COSTS, AND LOST TIME OR OTHER ECONOMIC LOSS. THE ABOVE LIMITATIONS APPLY WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE BASED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE NON- DAMAGED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE CUMULATIVE LIABILITY OF VUEWORKS IC CHECK AND ANY OF ITS AFFILIATES, ARISING UNDER OR RELATED TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE SOFTWAREWHETHER IN CONTRACT, HOSTED SOFTWRETORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), TECHNICAL SUPPORTOR OTHERWISE, MAINTENANCE, DATA MAINTENANCE, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID HEREUNDER BY CUSTOMER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYIC CHECK UNDER THIS AGREEMENT.

Limitation of Liability and Damages. EXCEPT IN THE CASE OF LIABILITY ARISING OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS OR PURSUANT TO CUSTOMER’S INDEMNITY OBLIGATIONS, NEITHER PARTY WILL HAVE ANY LIABILITY TO THE OTHER MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRIVACY FACTORY, ITS PROCESSORS, SUPPLIERS OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, SALESGOODWILL, BUSINESSUSE, DATADATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL PRIVACY FACTORY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER INCIDENTALUNAUTHORIZED ACCESS OR USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONSEQUENTIALPRIVACY FACTORY AND ITS PROCESSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES, OR SPECIAL LOSS INACCURACIES OF CONTENT; (b) 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 SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR ANY SERVICES RENDERED UNDER THIS AGREEMENT. THE TOTAL LIABILITY USE OF VUEWORKS TO CUSTOMER OUR SERVERS AND/OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS PERSONAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR TYPES CESSATION OF DAMAGES WILL NOT EXCEED TRANSMISSION TO OR FROM THE TOTAL SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (f) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT SHARING THROUGH THE SERVICES; AND/OR (g) USER CONTENT OR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL PRIVACY FACTORY, ITS PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF FEES PAID HEREUNDER EARNED BY CUSTOMER PRIVACY FACTORY IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE 12 MONTHS THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PRIVACY FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability and Damages. EXCEPT a. THE AFFILIATED GROUP SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE, WHETHER IN THE CASE OF LIABILITY ARISING OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR PURSUANT TO CUSTOMER’S INDEMNITY OBLIGATIONSOTHER LEGAL THEORY, NEITHER PARTY WILL HAVE ANY LIABILITY TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM (i) ANY PRODUCT OR RESOURCE MATERIALS AVAILABLE ON OR THROUGH THE RESOURCES, (ii) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE RESOURCES OR THE RESOURCE MATERIALS, (iii) LOSS OF PROFITS, SALES, BUSINESSUSE, DATA, OR OTHER INCIDENTALPROFITS, CONSEQUENTIALWHETHER RESULTING FROM THE USE OF, OR SPECIAL LOSS INABILITY TO USE, THE RESOURCES OR DAMAGEANY RESOURCE MATERIALS, INCLUDING EXEMPLARY (iv) THE USE, THE RESULTS OF USE, OR THE INABILITY TO USE THE RESOURCES OR ANY RESOURCE MATERIALS, OR (v) ANY SUBMISSION (INCLUDING, BUT NOT LIMITED TO, WRITINGS PREPARED BY STUDENTS) EVEN IF THEY WERE CAUSED BY THE NEGLIGENCE OF THE AFFILIATED GROUP OR BY THE NEGLIGENCE OF THE AFFILIATED GROUP’S RESPECTIVE LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS, EVEN IF THE CUSTOMER OR OTHERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM OCCURRING, AND PUNITIVE DAMAGESEVEN IF THE REMEDIES PROVIDED IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. b. YOUR SOLE AND EXCLUSIVE REMEDY FOR A BREACH BY Freedom Run OF THESE TERMS IS THE RECEIPT OF A PRO RATA REFUND OF THE SUBSCRIPTION FEES PAID BY YOU FOR THE APPLICABLE RESOURCE. Freedom Run WILL NOT BE LIABLE FOR ANY AMOUNT, REGARDLESS OF THE BASIS OF THE CLAIM, EXCEEDING THE SUBSCRIPTION FEES ACTUALLY PAID BY YOU. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT EXPAND THESE LIMITS. c. THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENTKIND, THE SOFTWAREWHETHER BASED ON CONTRACT, HOSTED SOFTWRETORT (INCLUDING, TECHNICAL SUPPORTBUT NOT LIMITED TO, MAINTENANCE, DATA MAINTENANCENEGLIGENCE), OR ANY SERVICES RENDERED UNDER THIS AGREEMENT. OTHER LEGAL OR EQUITABLE THEORY. d. IN NO EVENT MAY YOU BRING A CLAIM OR CAUSE OF ACTION AGAINST ANY MEMBER OF THE TOTAL LIABILITY AFFILIATED GROUP MORE THAN TWO YEARS AFTER THE CLAIM OR CAUSE OF VUEWORKS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYACTION AROSE.

Limitation of Liability and Damages. EXCEPT (a) UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN THE CASE OF LIABILITY ARISING OUT OF A PARTY’S BREACH OF TORT, NEGLIGENCE, CONTRACT OR OTHERWISE, SHALL SOFTINWAY BE LIABLE UNDER THIS AGREEMENT OR IN CONNECTION WITH ITS CONFIDENTIALITY OBLIGATIONS OR PURSUANT TO CUSTOMER’S INDEMNITY OBLIGATIONS, NEITHER PARTY WILL HAVE ANY LIABILITY TO THE OTHER SUBJECT MATTER FOR ANY LOSS OF PROFITSINDIRECT, SALESSPECIAL, BUSINESSINCIDENTAL, DATAPUNITIVE, OR OTHER INCIDENTALEXEMPLARY, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, EXTRA-CONTRACTUAL DAMAGES OF ANY KIND KIND, LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, LOST PROFITS OR NATURE RESULTING FROM REVENUE, DAMAGES DUE TO WORK STOPPAGE AND/OR ARISING OUT COMPUTER FAILURE OR MALFUNCTION, AND/OR COSTS OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES, WHETHER OR NOT FORESEEABLE, EVEN IF THE EXCLUSIVE REMEDIES PROVIDED BY THIS AGREEMENT, AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE AND EVEN IF YOU HAVE ADVISED SOFTINWAY OF THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, POSSIBILITY OR ANY SERVICES RENDERED UNDER THIS AGREEMENT. PROBABILITY OF SUCH DAMAGES. (b) THE TOTAL ENTIRE AND SOLE LIABILITY OF VUEWORKS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCESOFTINWAY, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT ITS AFFILIATES, LICENSORS, THIRD- PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS (“REPRESENTATIVES”) FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO SOFTINWAY FOR THE AxSTREAM® SOFTWARE OR SERVICES IN RELATION TO WHICH THE CLAIM ARISES, EXCEPT AS MAY BE REQUIRED BY APPLICABLE LAWS. (c) THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SOFTINWAY AND ALL CLAIMS YOU. YOU AGREE AND ACKNOWLEDGE THAT SOFTINWAY WOULD NOT BE ABLE TO HAVE PROVIDED THE SOFTWARE AND/OR TYPES OF DAMAGES WILL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITYRELATED SERVICES AND MATERIALS WITHOUT SUCH LIMITATIONS.