Common use of Limitation of Liability and Damages Clause in Contracts

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THIS AGREEMENT OR THE SOFTWARE, INCLUDING YOUR USE THEREOF, OR ANY OTHER 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 COMPANY OR 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 OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE EXCEED FIFTY U.S. DOLLARS.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCESTHE ENTIRE CUMULATIVE LIABILITY OF DEVELOPER, INCLUDINGITS SUPPLIERS, BUT AND SERVICES PROVIDERS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE, UNLESS OTHERWISE SEPARATELY AGREED BY DEVELOPER IN WRITING. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEVELOPER, ITS SUPPLIERS, AND SERVICE PROVIDERS SHALL NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIALEXEMPLARY, OR EXEMPLARY CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, THE LOSS, CORRUPTION OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS OR INVESTMENT, USE OF THE SOFTWARE WITH HARDWARE OR OTHER SOFTWARE THAT ARISE OUT OF OR RELATE TO THIS AGREEMENT DOES NOT MEET DEVELOPER’S SYSTEMS REQUIREMENTS OR THE SOFTWARELIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING YOUR USE THEREOFNEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER INTERACTIONS WITH THE COMPANYOTHERWISE, EVEN IF THE COMPANY DEVELOPER, ITS SUPPLIERS, SERVICE PROVIDERS, OR A COMPANY REPRESENTATIVE HAS ITS REPRESENTATIVES HAVE 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 COMPANY OR 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 EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE EXCEED FIFTY U.S. DOLLARSITS ESSENTIAL PURPOSE.

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 FOR ANY BREACH OR VIOLATION BY CUSTOMER OF SECTION 5 AND CUSTOMER’S INDEMNIFICATION OBLIGATIONS WITH RESPECT TO CLAIMS MADE UNDER SECTION 7(e), IN NO CIRCUMSTANCESEVENT WILL EITHER PARTY BE LIABLE FOR, INCLUDINGAND THE PARTIES HEREBY WAIVE AS TO ONE ANOTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, AND/OR PUNITIVE DAMAGES INCURRED BY THE OTHER PARTY, ARISING FROM OR RELATED TO THIS AGREEMENT, THE PROGRAM, THE SERVICES, OR 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 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, SHALL THE COMPANY OR ITS AFFILIATESSTRICT LIABILITY, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THIS AGREEMENT OR THE SOFTWARE, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH THE COMPANYOTHERWISE, EVEN IF THE COMPANY OR A COMPANY REPRESENTATIVE NON- DAMAGED PARTY 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 LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED TO THE EXTENT PERMITTED BY LAWREMEDY. IN UNDER NO EVENT CIRCUMSTANCES SHALL THE TOTAL AGGREGATE CUMULATIVE LIABILITY OF COMPANY OR IC CHECK AND ANY OF ITS AFFILIATES, ARISING UNDER OR ITS AND THEIR CONTRACTORSRELATED TO THIS AGREEMENT, EMPLOYEESWHETHER IN CONTRACT, OFFICERS, DIRECTORS, AGENTSTORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR THIRD PARTY PARTNERSOTHERWISE, LICENSORS OR SERVICE PROVIDERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY CUSTOMER TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO IC CHECK UNDER THIS AGREEMENT OR YOUR USE OF THE SOFTWARE EXCEED FIFTY U.S. DOLLARSAGREEMENT.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCESCIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDINGWHETHER IN TORT, BUT NOT LIMITED TOCONTRACT, NEGLIGENCEOR OTHERWISE, SHALL THE COMPANY LICENSOR BE LIABLE TO LICENSEE OR ITS AFFILIATESTO ANYOTHER PERSON FOR LOSS OF PROFITS, DAMAGES, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTSPUNITIVE DAMAGES, OR THIRD PARTY PARTNERSFOR DAMAGES FOR LOST PROFITS OR LOSS OF BUSINESS, LICENSORS 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 SERVICE PROVIDERSOTHER RIGHTS OF ANY PERSON, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, BUSINESS INTERRUPTION, INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT WITH RESPECT TO ANY PRODUCT IN EXCESS OF OR RELATE TO THIS AGREEMENT OR THE SOFTWARE, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH THE COMPANYPRICE PAID FOR SUCH PRODUCT, EVEN IF THE COMPANY OR A COMPANY REPRESENTATIVE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW AND NOTWITHSTANDING THE LIMITATION FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS SECTIONE SHALL SURVIVE TERMINATION OR EXCLUSION EXPIRATION 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 COMPANY OR 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 OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE EXCEED FIFTY U.S. DOLLARSAGREEMENT.

Limitation of Liability and Damages. UNDER TO THE EXTENT PERMITTED BY OKLAHOMA LAW, WHICH MAY MODIFY OR LIMIT CUSTOMER’S OBLIGATION UN- DER THIS SUBPARAGRAPH, YOU AGREE THAT IN NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, EVENT WILL VENDOR BE LIABLE FOR ANY SPECIALLOSS, INDIRECTCOST, INCIDENTALLIA- BILITY OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, CONSEQUENTIALTHE TERMINATION OF SERVICES OR PARTICIPATION IN THIRD PARTY SERVICES. THE ENTIRE CUMULATIVE LIABIL-ITY OF VENDOR, VENDOR’S AFFILI- ATES, ITS SUPPLIERS OR EXEMPLARY DAMAGES THAT ARISE OUT OF PROCESSORS FOR ANY REASON ARISING FROM OR RELATE RELATING TO THIS AGREEMENT SHALL BE LIMITED AS PROVIDED HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VENDOR, ITS AFFILIATES, ITS PROCESSORS AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCI- DENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, THE LOSS, CORRUPTION OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS, USE OF THE SOFTWARE WITH HARDWARE OR OTHER SOFTWARE THAT DOES NOT MEET VENDORS SYSTEMS REQUIREMENTS OR THE SOFTWARELIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING YOUR USE THEREOFNEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER INTERACTIONS WITH THE COMPANYOTHERWISE, EVEN IF THE COMPANY VENDOR, ITS AFFILIATES, ITS SUPPLIERS OR A COMPANY REPRESENTATIVE HAS ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY, IN WHICH CASE APPLY TO YOU. THE COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL LIABILITY LIMITATIONS OF COMPANY OR 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 OR RELATING TO THIS AGREEMENT OR YOUR USE DAMAGES SET FORTH ABOVE ARE FUNDAMEN- TAL ELEMENTS OF THE SOFTWARE EXCEED FIFTY U.S. DOLLARSBASIS OF THE BARGAIN BETWEEN VENDOR AND YOU. VENDOR WOULD NOT HAVE PRO- VIDED THE SERVICES WITHOUT SUCH LIMITATIONS.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCESNEITHER PARTY (AND, INCLUDINGIN THE CASE OF CPTS, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORSCONSULTANTS, EMPLOYEES, OFFICERS, DIRECTORSDISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS) WILL HAVE ANY LIABILITY TO THE OTHER OR ANY THIRD PARTY PARTNERS(INCLUDING ANY CONTRACTOR, LICENSORS AGENT, AFFILIATE OR SERVICE PROVIDERS, BE LIABLE CLIENT OF CUSTOMER) FOR ANY SPECIALLOSS OF PROFITS, INDIRECTSALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY DAMAGES THAT ARISE AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF OR RELATE TO THIS AGREEMENT (OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY), THE SOFTWARESERVICES, INCLUDING YOUR USE THEREOFSUPPORT, ELECTRONIC FILING AND/OR ANY OTHER INTERACTIONS WITH SERVICE OR PRODUCT PROVIDED HEREUNDER. 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 FOREGOING LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY SHALL NOT APPLY, IN WHICH CASE THE COMPANYAPPLY WITH RESPECT TO ANY VIOLATION OF EITHER PARTY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAWINTELLECTUAL PROPERTY RIGHTS AS SET FORTH HEREIN. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY OR CPTS AND ITS AFFILIATES, OR ITS AND THEIR CONTRACTORSCONSULTANTS, EMPLOYEES, OFFICERS, DIRECTORSDISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY PARTNERS, LICENSORS RESULTING FROM OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (OR YOUR USE ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY), THE SERVICES, SUPPORT, ELECTRONIC FILING AND/OR ANY SERVICE OR PRODUCT PROVIDED HEREUNDER, FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES, SHALL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER FOR THE SERVICES OR ANY SERVICE OR PRODUCT GIVING RISE TO SUCH 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 SOFTWARE EXCEED FIFTY U.S. DOLLARSFORM 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. a. THE AFFILIATED GROUP SHALL NOT, UNDER NO ANY CIRCUMSTANCES, BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHER LEGAL THEORY, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCETHOSE ARISING FROM (i) ANY PRODUCT OR RESOURCE MATERIALS AVAILABLE ON OR THROUGH THE RESOURCES, SHALL (ii) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE COMPANY RESOURCES OR ITS AFFILIATESTHE RESOURCE MATERIALS, (iii) LOSS OF USE, DATA, OR ITS AND THEIR CONTRACTORSPROFITS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTSWHETHER RESULTING FROM THE USE OF, OR THIRD PARTY PARTNERSINABILITY TO USE, LICENSORS THE RESOURCES OR ANY RESOURCE MATERIALS, (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, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THIS AGREEMENT OR THE SOFTWARE, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH THE COMPANYSUPPLIERS, EVEN IF THE COMPANY CUSTOMER OR A COMPANY REPRESENTATIVE HAS OTHERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION DAMAGES 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 COMPANY OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSESCLAIM OCCURRING, AND CAUSES EVEN IF THE REMEDIES PROVIDED IN THESE TERMS FAIL OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE EXCEED FIFTY U.S. DOLLARSTHEIR ESSENTIAL PURPOSE.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCESCIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDINGWHETHER IN TORT, BUT NOT LIMITED TOCONTRACT, NEGLIGENCEOR OTHERWISE, SHALL THE COMPANY LICENSOR BE LIABLE TO LICENSEE OR ITS AFFILIATESTO ANY OTHER PERSON FOR LOSS OF PROFITS, DAMAGES, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTSPUNITIVE DAMAGES, OR THIRD PARTY PARTNERSFOR DAMAGES FOR LOST PROFITS OR LOSS OF BUSINESS, LICENSORS 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 SERVICE PROVIDERSOTHER RIGHTS OF ANY PERSON, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, BUSINESS INTERRUPTION, INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT WITH RESPECT TO ANY PRODUCT IN EXCESS OF OR RELATE TO THIS AGREEMENT OR THE SOFTWARE, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH THE COMPANYPRICE PAID FOR SUCH PRODUCT, EVEN IF THE COMPANY OR A COMPANY REPRESENTATIVE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW AND NOTWITHSTANDING THE LIMITATION FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS SECTION E SHALL SURVIVE TERMINATION OR EXCLUSION EXPIRATION 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 LAWTHIS AGREEMENT. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY OR 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 OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE EXCEED FIFTY U.S. DOLLARSOther 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. UNDER NO CIRCUMSTANCESNEITHER PARTY (AND, INCLUDINGIN THE CASE OF CCH, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORSCONSULTANTS, EMPLOYEES, OFFICERS, DIRECTORSDISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS) WILL HAVE ANY LIABILITY TO THE OTHER OR THIRD ANY THIRD- PARTY PARTNERS(INCLUDING ANY CONTRACTOR, LICENSORS AGENT, AFFILIATE OR SERVICE PROVIDERS, BE LIABLE CLIENT OF CUSTOMER) FOR ANY SPECIALLOSS OF PROFITS, INDIRECTSALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY DAMAGES THAT ARISE AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF OR RELATE TO THIS AGREEMENT OR AGREEMENT, THE SOFTWARE, INCLUDING YOUR USE THEREOFSUPPORT, ELECTRONIC FILING AND/OR ANY OTHER INTERACTIONS WITH THE COMPANY, EVEN IF THE COMPANY OR A COMPANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESSERVICES PROVIDED HEREUNDER. 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 COMPANY OR CCH AND ITS AFFILIATES, OR ITS AND THEIR CONTRACTORSCONSULTANTS, EMPLOYEES, OFFICERS, DIRECTORSDISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS TO CUSTOMER OR THIRD ANY THIRD- PARTY PARTNERS, LICENSORS RESULTING FROM OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, SUPPORT, ELECTRONIC FILING AND/OR RELATING ANY SERVICES PROVIDED HEREUNDER, FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES, SHALL NOT EXCEED THE TOTAL FEES IN THE ORDER FORM GIVING RISE TO THIS AGREEMENT OR YOUR USE OF THE CLAIM PAID HEREUNDER BY CUSTOMER FOR THE SOFTWARE EXCEED FIFTY U.S. DOLLARS.OR SERVICES GIVING RISE TO SUCH CLAIM IN THE TWELVE-MONTH PERIOD PRECEDING THE DATE SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE. CCH is not an insurer with regard to performance of the Software or otherwise. Customer agrees to assume the risk for:

Limitation of Liability and Damages. UNDER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CIRCUMSTANCESEVENT SHALL PRIVACY FACTORY, INCLUDINGITS PROCESSORS, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY SUPPLIERS OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, DIRECTORS AND EMPLOYEES) BE LIABLE FOR ANY SPECIALINDIRECT, INDIRECTPUNITIVE, INCIDENTAL, CONSEQUENTIALSPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR EXEMPLARY DAMAGES THAT ARISE OUT UNAVAILABILITY OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL PRIVACY FACTORY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR RELATE INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES. TO THIS AGREEMENT THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRIVACY FACTORY AND ITS PROCESSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE SOFTWARELIKE 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, INCLUDING 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 EARNED BY PRIVACY FACTORY IN CONNECTION WITH YOUR USE THEREOFOF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE 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 INTERACTIONS WITH THE COMPANYBASIS, EVEN IF THE COMPANY OR A COMPANY REPRESENTATIVE PRIVACY FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. APPLICABLE LAW MAY NOT ALLOW THE FOREGOING 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 SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY OR 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 OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE EXCEED FIFTY U.S. DOLLARS.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, INCLUDING NEGLIGENCE, SHALL THE COMPANY WILL EITHER PARTY OR ITS AFFILIATESAFFILIATES BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, DATA OR BUSINESS, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO RESULT FROM THIS AGREEMENT OR THE SOFTWARE, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH THE COMPANYAGREEMENT, EVEN IF THE COMPANY SUCH PARTY OR A COMPANY SUCH PARTY’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW EXCEPT IN THE LIMITATION OR EXCLUSION CASE OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGESBREACHES OF CONFIDENTIALITY PURSUANT TO SECTION 13, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLYAND EXCEPT FOR AMOUNTS EXPRESSLY DUE AND OWING HEREUNDER, IN WHICH CASE THE COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY WILL ZUCKS’S OR ITS AFFILIATES, ’ TOTAL LIABILITY TO CLIENT OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD ANY OTHER PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR YOUR USE TORT, INCLUDING NEGLIGENCE, WARRANTY, INDEMNIFICATION OR OTHERWISE) EXCEED THE LESSER OF THE SOFTWARE EXCEED FIFTY U.S. DOLLARSAMOUNT RECEIVED BY ZUCKS FROM CLIENT FOR THE ORDER TO WHICH THE CLAIM 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. IN NO EVENT WILL EITHER NATA OR END-USER BE LIABLE FOR, AND THE PARTIES HEREBY WAIVE AS TO ONE ANOTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, AND/OR PUNITIVE DAMAGES INCURRED BY THE OTHER PARTY, ARISING FROM OR RELATED TO THIS AGREEMENT, THE PROGRAM OR EITHER PARTY’S PERFORMANCE OR NONPERFORMANCE UNDER NO CIRCUMSTANCES, INCLUDINGTHIS 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 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, SHALL THE COMPANY OR ITS AFFILIATESSTRICT LIABILITY, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THIS AGREEMENT OR THE SOFTWARE, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH THE COMPANYOTHERWISE, EVEN IF THE COMPANY OR A COMPANY REPRESENTATIVE NON-DAMAGED PARTY 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 LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED TO THE EXTENT PERMITTED BY LAWREMEDY. IN UNDER NO EVENT CIRCUMSTANCES SHALL THE TOTAL AGGREGATE CUMULATIVE LIABILITY OF COMPANY OR NATA AND ANY OF ITS AFFILIATES, ARISING UNDER OR ITS AND THEIR CONTRACTORSRELATED TO THIS AGREEMENT, EMPLOYEESWHETHER IN CONTRACT, OFFICERS, DIRECTORS, AGENTSTORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR THIRD PARTY PARTNERSOTHERWISE, LICENSORS OR SERVICE PROVIDERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY END-USER TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO NATA UNDER THIS AGREEMENT OR YOUR USE OF THE SOFTWARE EXCEED FIFTY U.S. DOLLARSAGREEMENT.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, INCLUDING NEGLIGENCE, SHALL WILL DEVOKR OR ANY OF THE COMPANY OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, AFFILIATED ENTITIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THIS AGREEMENT OR THE SOFTWARE, INCLUDING YOUR USE THEREOFDAMAGES, OR ANY LOSS OF PROFIT OR REVENUE (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA OR CONTENT SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTERACTIONS WITH INTANGIBLE LOSS, THAT RESULTS FROM THIS AGREEMENT, CUSTOMER CONTENT, OR THE COMPANYPROVISION OR USE OR THE INABILITY TO PROVIDE OR USE THE SERVICES, EVEN IF THE COMPANY OR A COMPANY REPRESENTATIVE DEVOKR 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 WILL DEVOKR AND ITS AFFILIATES AND SUBSIDIARIES’ TOTAL LIABILITY OF COMPANY OR 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 OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR YOUR USE TORT, INCLUDING NEGLIGENCE, WARRANTY, INDEMNIFICATION, OR OTHERWISE) EXCEED THE AMOUNT RECEIVED BY DEVOKR FROM YOU DURING THE TWELVE-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. YOU WILL NOT COMMENCE ANY ACTION, SUIT, OR PROCEEDING AGAINST DEVOKR MORE THAN ONE YEAR AFTER THE DATE UPON WHICH THE CLAIM AROSE. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE SOFTWARE EXCEED FIFTY U.S. DOLLARSBENEFIT OF BOTH DEVOKR AND THE AFFILIATED ENTITIES, AND ITS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ONLY THE LIMITATIONS WHICH ARE LAWFUL WILL APPLY TO YOU AND DEVOKR’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Limitation of Liability and Damages. A. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY WILL WE OR ITS OUR AFFILIATES, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD THIRD-PARTY PARTNERS, LICENSORS LICENSORS, OR SERVICE PROVIDERSSUPPLIERS HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, BE LIABLE FOR 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 BREACH OF CONTRACT, TORT OR RELATE TO THIS AGREEMENT OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORSEEABLE OR THE SOFTWARE, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH THE COMPANY, EVEN IF THE COMPANY OR A COMPANY REPRESENTATIVE HAS BEEN WE WERE 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 COMPANY OR 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 OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE EXCEED FIFTY U.S. DOLLARS.

Limitation of Liability and Damages. UNDER IN NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, A DISCLAIMING ENTITY (AS DEFINED ABOVE) BE LIABLE FOR ANY SPECIALLOST PROFITS, LOSS OF DATA, OR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIALSPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ARISE ARISING OUT OF OF, IN CONNECTION WITH OR RELATE RELATING TO THIS AGREEMENT OR THE SOFTWARESERVICES, INCLUDING WITHOUT LIMITATION THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL ANY OF THE DISCLAIMING ENTITIES (AS DEFINED ABOVE) BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR 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 OR USE THEREOFOF 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, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES; (IV) 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 SERVICES; OR (V) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS ARTICLE SECTION, THE DISCLAIMING ENTITIES’ CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES AND IN ALL EVENTS SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES PAID BY YOU TO V2S DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE 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 INTERACTIONS WITH BASIS. THE COMPANY, LIMITATIONS APPLY EVEN IF THE COMPANY V2S OR A COMPANY REPRESENTATIVE HAS XXXXX FARGO N.A. HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION PROVISIONS 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 THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. LAW IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY OR 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 OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE EXCEED FIFTY U.S. DOLLARSAPPLICABLE JURISDICTION.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS PARTNERS OR SERVICE PROVIDERSSUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THIS AGREEMENT RESULT FROM YOUR USE OR THE SOFTWAREINABILITY TO USE THE COMPANY MATERIALS ON THE SITE, INCLUDING YOUR USE THEREOFTHE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH THE COMPANY, EVEN IF THE 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 APPLYAPPLY TO YOU. IN SUCH CASES, IN WHICH CASE THE COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY COMPANY’S OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS PARTNERS OR SERVICE PROVIDERS SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT THESE TERMS OR YOUR USE OF THE SOFTWARE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED FIFTY FIVE U.S. DOLLARS. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN COMPANY AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SITE.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS PARTNERS OR SERVICE PROVIDERSSUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THIS AGREEMENT RESULT FROM YOUR USE OR THE SOFTWAREINABILITY TO USE THE COMPANY MATERIALS ON THE SITE, INCLUDING YOUR USE THEREOFTHE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH THE COMPANY, COMP ANY ,EVEN IF THE COMPANY COMP ANY OR A COMPANY 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 INCIDENTAL INCIDENT AL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLYAPPLY TO YOU. IN SUCH CASES, IN WHICH CASE THE COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY COMPANY’S OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS PARTNERS OR SERVICE PROVIDERS SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT THESE TERMS OR YOUR USE OF THE SOFTWARE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED FIFTY FIVE U.S. DOLLARS. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN COMPANY AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SITE.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCESNEITHER PARTY NOR ANY OF ITS AFFILIATES (AND IN THE CASE OF CCH, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERSSUPPLIERS, LICENSORS OR SERVICE PROVIDERSCONSULTANTS) WILL HAVE ANY LIABILITY TO THE OTHER OR ANY THIRD PARTY (INCLUDING, BE LIABLE WITHOUT LIMITATION, ANY CONTRACTOR, AGENT, OR AFFILIATE OF CUSTOMER) FOR ANY SPECIALLOSS OF PROFITS, INDIRECTSALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY DAMAGES THAT ARISE AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE APPLICATION, SUPPORT AND/OR RELATE TO THIS AGREEMENT OR SERVICES; PROVIDED, HOWEVER, THAT THE SOFTWARE, INCLUDING YOUR USE THEREOF, OR FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY FOR ANY OTHER INTERACTIONS WITH THE COMPANY, EVEN IF THE COMPANY BREACH OF A PARTY’S CONFIDENTIALITY OBLIGATIONS UNDER SECTION 10.1 OR A COMPANY REPRESENTATIVE HAS BEEN ADVISED BREACH OF A PARTY’S (OR IN THE POSSIBILITY CASE OF SUCH DAMAGESCCH, ITS SUPPLIERS, LICENSORS OR CONSULTANTS, AS APPLICABLE) OWNERSHIP RIGHTS BY THE OTHER PARTY AS SET FORTH HEREIN. 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 COMPANY CCH AND ITS SUPPLIERS, LICENSORS AND CONSULTANTS TO CUSTOMER OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR ANY THIRD PARTY PARTNERS, LICENSORS RESULTING FROM OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF THIS AGREEMENT, THE APPLICATION, SUPPORT AND/OR RELATING TO THIS AGREEMENT SERVICES FOR ANY AND ALL CLAIMS OR YOUR USE TYPES OF DAMAGES SHALL NOT EXCEED THE SOFTWARE EXCEED FIFTY U.S. DOLLARS.TOTAL FEES PAID OR PAYABLE BY CUSTOMER FOR THE APPLICABLE APPLICATION DURING THE TWELVE

Limitation of Liability and Damages. UNDER IN NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, WE BE LIABLE FOR ANY SPECIALLOST PROFITS, LOSS OF DATA, OR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE ARISING OUT OF OF, IN CONNECTION WITH, OR RELATE RELATING TO THIS AGREEMENT OR THE SOFTWARESERVICES, INCLUDING WITHOUT LIMITATION THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE NIHAOPAY PAYMENT PROCESSING SERVICES. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR NIHAOPAY ACCOUNT OR THE INFORMATION CONTAINED THEREIN, OR YOUR FAILURE TO USE THEREOFOR IMPLEMENT SECURITY CONTROLS THAT ARE APPROPRIATE FOR YOUR BUSINESS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE NIHAOPAY PAYMENT PROCESSING SERVICES; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS USED IN CONNECTION WITH THE NIHAOPAY PAYMENT PROCESSING SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE NIHAOPAY PAYMENT PROCESSING SERVICES; (D) ANY SOFTWARE BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE NIHAOPAY PAYMENT PROCESSING SERVICES; (E) ANY ERRORS, INACCURACIES OR OMISSIONS IN ANY CONTENT OR INFORMATION, FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION, IN EACH CASE POSTED, EMAILED, STORED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE NIHAOPAY PAYMENT PROCESSING SERVICES; AND/OR (F) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. WITHOUT LIMITING ANYTHING TO THE CONTRARY, THE DISCLAIMING ENTITIES’ CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES AND IN ALL EVENTS SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES PAID BY YOU TO NIHAOPAY PAYMENT PROCESSING SERVICES DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE 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 INTERACTIONS WITH BASIS. THE COMPANY, LIMITATIONS APPLY EVEN IF THE COMPANY NIHAOPAY OR A COMPANY REPRESENTATIVE HAS NIHAOPAY PARTNERED BANK HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. 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 FOREGOING WILL BE LIMITED APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. LAW IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY OR 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 OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE EXCEED FIFTY U.S. DOLLARSAPPLICABLE JURISDICTION.

Limitation of Liability and Damages. UNDER IN NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE A DISCLAIMING ENTITY (AS DEFINED IN XXXXXXX 0 XXXXX) XX LIABLE FOR ANY SPECIALLOST PROFITS, LOSS OF DATA, OR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIALSPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ARISE ARISING OUT OF OF, IN CONNECTION WITH OR RELATE RELATING TO THIS AGREEMENT OR THE SOFTWARESERVICES, INCLUDING WITHOUT LIMITATION THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL ANY OF THE DISCLAIMING ENTITIES (AS DEFINED IN XXXXXXX 0 XXXXX) XX RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE 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 OR USE THEREOFOF 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, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE; (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 SERVICE; AND/OR (F) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION 9, THE DISCLAIMING ENTITIES’ CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES AND IN ALL EVENTS SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES PAID BY YOU TO SHOPIFY DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE 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 INTERACTIONS WITH BASIS. THE COMPANY, LIMITATIONS APPLY EVEN IF THE COMPANY SHOPIFY, STRIPE OR A COMPANY REPRESENTATIVE HAS XXXXX FARGO HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION PROVISIONS 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 THIS SECTION 9 SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAWLAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY OR ITS AFFILIATESThe 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, OR ITS AND THEIR CONTRACTORSforeign and local laws and regulations, EMPLOYEESincluding 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, OFFICERSor are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, DIRECTORSall materials found on the Service are solely directed to individuals, AGENTScompanies, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE EXCEED FIFTY U.S. DOLLARSor other entities located in the United States.

Limitation of Liability and Damages. NEITHER PARTY WILL 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 NO CIRCUMSTANCES, INCLUDINGTHIS AGREEMENT; OR (ii) ANY BREACH OF SECTION 4 (SETTLEMENT AND PAYMENT) OR SECTION 7 (CONFIDENTIAL INFORMATION) CONSEQUENTIAL DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, NEGLIGENCELOST PROFITS, SHALL THE COMPANY OR ITS AFFILIATESLOST REVENUES, LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTIONS, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE LOSS OF BUSINESS INFORMATION ARISING OUT OF THE PERFORMANCE OR RELATE TO THIS AGREEMENT OR THE SOFTWARE, INCLUDING YOUR USE THEREOF, NON-PERFORMANCE HEREUNDER OR ANY OTHER INTERACTIONS WITH USE OF OR FAILURE TO BE ABLE TO USE THE COMPANYSERVICES, EVEN IF THE COMPANY WHETHER OR NOT A COMPANY REPRESENTATIVE HAS PARTY WAS OR SHOULD HAVE BEEN ADVISED AWARE OF THE POSSIBILITY OF SUCH THESE 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 COMPANY OR 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 OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE EXCEED FIFTY U.S. DOLLARS11.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY WILL SOC OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORSCONT- RACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD THIRD-PARTY PARTNERS, LICENSORS LICENSEES, LICENSORS, OR SERVICE PROVIDERS, SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT ARISE (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 OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATE RELATING TO THIS AGREEMENT THESE TERMS OR THE SOFTWARE, INCLUDING THAT RESULT FROM YOUR USE THEREOFOF OR YOUR INABILITY TO USE THE SERVICE OR ANY THIRD PARTY SITES, OR ANY OTHER INTERACTIONS INTER- ACTIONS WITH THE COMPANYSOC, EVEN IF THE COMPANY SOC, ITS THIRD-PARTY PARTNERS, LICENSEES, LICENSORS, OR A COMPANY 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 APPLYAPPLY 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 OR 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 ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN WHICH CASE THE COMPANYSUCH CASES, SOC’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE TOTAL LIABILITY EXCLUSION OF COMPANY OR ITS AFFILIATESIMPLIED WARRANTIES, OR ITS SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS JURISDICTION TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE EXCEED FIFTY U.S. DOLLARSJURISDICTION.

Limitation of Liability and Damages. UNDER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, EVENT SHALL COMPANY OR THE COMPANY OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECTINDIRECT OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OF ANY KIND, INCIDENTALINCLUDING BUT NOT LIMITED TO LOSS OF USE, CONSEQUENTIALLOST PROFITS, OR EXEMPLARY DAMAGES THAT ARISE LOST DATA , WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATE IN CONNECTION WITH THE USE OR INABILITY TO THIS AGREEMENT USE THE SERVICE, THE CONTENT OR THE SOFTWAREMATERIALS, INCLUDING YOUR AT THE INCLUDING ANY DAMAGES CAUSED BY OR ARISING OUT OF THE USE THEREOFOF THE USER OF ANY INFORMATION OBTAINED FROM OR ARISING OUT OF ERRORS, ACTS OF OMISSIONS, DELAYS, DELETING FILES, OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OF OR TRANSFER ANY OTHER INTERACTIONS WITH DERATING, WHETHER THEY ARE CAUSED BY NATURAL DISASTERS, SYSTEM FAILURES COMMUNICATION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO DOCUMENTS, PROGRAMS OR SERVICES OF 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. ; AND (B) IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF COMPANY IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, EXPRESSING AN ACTION OR ITS AFFILIATESOMISSION, OR ITS AND THEIR CONTRACTORSCONSTRUCTIVE NEGLIGENCE), EMPLOYEESUNDER THE PRODUCT LIABILITY CERTAINLY LIABILITY OR OTHER THEORY OF LIABILITY, OFFICERSWHICH RESULT FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, DIRECTORSDOES NOT EXCEED THE AMOUNT PAID BY YOU, AGENTSIF, FOR ACCESS TO THE SERVICE DURING TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE MAKING A CLAIM, OR THIRD PARTY PARTNERSTHE AMOUNT OF ONE HUNDRED US DOLLARS, LICENSORS OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGESWHICHEVER, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE EXCEED FIFTY U.S. DOLLARSWHICH AMOUNT IS GREATER.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCESTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDINGTHE ENTIRE LIABILITY OF CPTS, BUT 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 LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIALPUNITIVE 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 BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR EXEMPLARY DAMAGES USE OF SOFTWARE OR HARDWARE THAT ARISE OUT OF OR RELATE TO THIS AGREEMENT OR DOES NOT MEET CPTS SYSTEMS REQUIREMENTS. THE SOFTWARE, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH THE COMPANY, ABOVE LIMITATIONS APPLY EVEN IF THE COMPANY OR A COMPANY REPRESENTATIVE HAS CPTS AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THIS AGREEMENT SETS FORTH THE LIMITATION OR EXCLUSION ENTIRE LIABILITY OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGESCPTS, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY, IN WHICH CASE THE COMPANY’S LIABILITY WILL BE LIMITED ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY OR SERVICES AND 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 OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE EXCEED FIFTY U.S. DOLLARSUSE.

Limitation of Liability and Damages. UNDER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CIRCUMSTANCESEVENT SHALL ZIFT, INCLUDINGITS PROCESSORS, BUT NOT LIMITED TOSUPPLIERS, NEGLIGENCELICENSORS, SHALL THE COMPANY OR ITS AFFILIATESNETWORKS, OR ITS AND THE BANK (OR THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, RESPECTIVE AFFILIATES) AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, DIRECTORS AND EMPLOYEES) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, INDIRECTCONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA 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 EXEMPLARY COVER DAMAGES THAT ARISE ARISING OUT OF YOUR USE OF OR RELATE 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, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR 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 AGREEMENT, REGARDLESS OF WHETHER THE FAILURE OR DELAY IS CAUSED BY AN EVENT OR CONDITION BEYOND OUR CONTROL; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE SOFTWARELIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, INCLUDING EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL ZIFT, ITS PROCESSORS, AGENTS, SUPPLIERS, LICENSORS, NETWORKS, OR THE BANK (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 EARNED BY US IN CONNECTION WITH YOUR USE THEREOFOF THE SERVICE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE 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 INTERACTIONS WITH THE COMPANYBASIS, EVEN IF THE COMPANY OR A COMPANY REPRESENTATIVE ZIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. APPLICABLE LAW MAY NOT ALLOW THE FOREGOING 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 SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAWLAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY OR ITS AFFILIATESThe 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, OR ITS AND THEIR CONTRACTORSincluding 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, EMPLOYEESor are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, OFFICERSall materials found on the Service are solely directed to individuals, DIRECTORScompanies, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE EXCEED FIFTY U.S. DOLLARSor other entities located in the United States.

Limitation of Liability and Damages. UNDER TO THE 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 CIRCUMSTANCESLIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, INCLUDINGMISTAKES, BUT NOT LIMITED TOOR 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 THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH SAFEPAY; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL SAFEPAY, ITS ISSUERS, 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 INR 500. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THIS AGREEMENT OR THE SOFTWARE, INCLUDING YOUR USE THEREOFSTRICT LIABILITY, OR ANY OTHER INTERACTIONS WITH THE COMPANYBASIS, EVEN IF THE COMPANY OR A COMPANY REPRESENTATIVE SAFEPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. APPLICABLE LAW MAY NOT ALLOW THE FOREGOING 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 SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAWLAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY OR ITS AFFILIATESSafePay 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, OR ITS AND THEIR CONTRACTORSincluding but not limited to export and import regulations. You may not use SafePay if you are a resident of a country embargoed by India, EMPLOYEESor are a foreign person or entity blocked or denied by the government of India. Unless otherwise explicitly stated, OFFICERSall materials found on SafePay are solely directed to individuals, DIRECTORScompanies, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE EXCEED FIFTY U.S. DOLLARSor other entities located in India.

Limitation of Liability and Damages. UNDER IN NO CIRCUMSTANCESEVENT SHALL XXXX, INCLUDINGITS AFFILIATES OR ANY OFFICERS, BUT NOT LIMITED TODIRECTORS, NEGLIGENCEEMPLOYEES, SHALL THE COMPANY SHAREHOLDERS, OR REPRESENTATIVES OF XXXX OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO LICENSEE OR ANY END USERS FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIALEXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGE OR LOSS OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM DELAY, LOSS OF PROFITS, INJURY TO PERSON, OR EXEMPLARY DAMAGES THAT LOSS OF GOODWILL WHICH MAY ARISE OUT OF IN CONNECTION WITH THE XXXX SYSTEM, OR RELATE OTHERWISE PERTAINING TO THIS AGREEMENT OR (INCLUDING THE SOFTWARE, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH THE COMPANYHOSTING SERVICES), EVEN IF THE COMPANY LICENSEE OR A COMPANY REPRESENTATIVE HAS ITS END USERS HAVE BEEN ADVISED NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGESDAMAGES OCCURRING. APPLICABLE LAW MAY NOT ALLOW THE PARTIES AGREE THAT THIS LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGESSHALL SURVIVE IN FULL FORCE AND EFFECT DESPITE ANY FAILURE OF AN EXCLUSIVE REMEDY. IN ADDITION, 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 ADAM'S CUMULATIVE LIABILITY FOR ANY DIRECT DAMAGES TO LICENSEE OR ANY END USERS EXCEED AN AMOUNT EQUAL TO THE TOTAL LIABILITY AMOUNT OF COMPANY OR ITS AFFILIATESFEES PAID BY LICENSEE HEREUNDER, 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 OR RELATING TO THIS AGREEMENT OR YOUR USE REGARDLESS OF THE SOFTWARE EXCEED FIFTY U.S. DOLLARSFORM 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 INTERRUPTION OF POWER.

Limitation of Liability and Damages. UNDER IN NO CIRCUMSTANCESEVENT SHALL OPIE BE LIABLE OR OBLIGATED TO YOU OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCLUDINGINCIDENTAL, BUT NOT LIMITED TOEXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND REGARDLESS OF THE 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 OR RELATING TO THIS AGREEMENT OR ANY ERRORS, OMISSIONS OR MISPLACEMENTS OF SERVICES SHALL BE LIMITED TO THE COMPANY AMOUNT OF MEMBERSHIP FEES PAID HEREUNDER. IN NO EVENT WILL OPIE CHOICE OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD THIRD-PARTY PARTNERS, LICENSORS PARTNERS OR SERVICE PROVIDERS, BE LIABLE FOR SUPPLIERS HAVE ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THIS AGREEMENT OR THE SOFTWARE, INCLUDING YOUR USE THEREOF, OR ANY OTHER 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 COMPANY OR 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 OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE EXCEED FIFTY U.S. DOLLARSWEBSITE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE).

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCESTHE 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, NEGLIGENCE, SHALL THE COMPANY LOSS OF PROFITS OR ITS AFFILIATESINVESTMENT, OR ITS AND THEIR CONTRACTORSTHE LIKE), EMPLOYEESUSE OF THE SOFTWARE WITH HARDWARE OR OTHER SOFTWARE THAT DOES NOT MEET INTUIT’S SYSTEMS REQUIREMENTS WHETHER BASED IN CONTRACT, OFFICERSTORT (INCLUDING NEGLIGENCE), DIRECTORS, AGENTS, PRODUCT LIABILITY OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THIS AGREEMENT OR THE SOFTWARE, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH THE COMPANYOTHERWISE, EVEN IF THE COMPANY INTUIT, ITS AGENTS OR A COMPANY REPRESENTATIVE HAS EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY, IN WHICH CASE APPLY TO YOU. THE COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL LIABILITY LIMITATIONS OF COMPANY OR 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 OR RELATING TO THIS AGREEMENT OR YOUR USE DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTUIT AND YOU. INTUIT WOULD NOT BE ABLE TO HAVE PROVIDED THIS INTUIT SOFTWARE EXCEED FIFTY U.S. DOLLARSWITHOUT SUCH LIMITATIONS.

Limitation of Liability and Damages. UNDER IN NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, A DISCLAIMING ENTITY (AS DEFINED ABOVE) BE LIABLE FOR ANY SPECIALLOST PROFITS, LOSS OF DATA, OR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIALSPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ARISE ARISING OUT OF OF, IN CONNECTION WITH, OR RELATE RELATING TO THIS AGREEMENT OR THE SOFTWARENORAMP SERVICES, INCLUDING, WITHOUT LIMITATION, THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE NORAMP SERVICES. UNDER NO CIRCUMSTANCES WILL ANY OF THE DISCLAIMING ENTITIES BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE NORAMP SERVICES OR YOUR NORAMP SERVICES ACCOUNT, OR THE INFORMATION CONTAINED THEREIN. THE DISCLAIMING ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE NORAMP SERVICES; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS USED IN CONNECTION WITH THE NORAMP SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE NORAMP SERVICES; (IV) ANY SOFTWARE BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE NORAMP SERVICES; (V) ANY ERRORS, INACCURACIES OR OMISSIONS IN ANY CONTENT OR INFORMATION, FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION, IN EACH CASE POSTED, EMAILED, STORED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE NORAMP SERVICES; AND/OR (VI) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION, THE DISCLAIMING ENTITIES’ CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES, AND IN ALL EVENTS SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES PAID BY YOU TO NORAMP DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE 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 YOUR USE THEREOFNEGLIGENCE), STRICT LIABILITY, OR ANY OTHER INTERACTIONS WITH BASIS. THE COMPANY, LIMITATIONS APPLY EVEN IF NORAMP OR THE COMPANY OR A COMPANY REPRESENTATIVE HAS PROCESSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION PROVISIONS 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 THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAWLAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY OR ITS AFFILIATESThe NoRamp Services are controlled and operated from facilities in the United States. We make no representations that the NoRamp Services are appropriate or available for use in other locations. Those who access or use the NoRamp Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and foreign and local laws and regulations, OR ITS AND THEIR CONTRACTORSincluding, EMPLOYEESbut not limited to, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE EXCEED FIFTY U.S. DOLLARSexport and import regulations. You may not use the NoRamp Services if you are a resident of a sanctioned country embargoed by the United States.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES13.1 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, INCLUDINGSERVICES, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATESCONTENT, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, ANY REFERENCE SITE OR THIRD PARTY PARTNERSSERVICE PROVIDERS OR VENDORS, LICENSORS YOUR DISPLAYING, COPYING, DOWNLOADING, OR SERVICE PROVIDERSUSING, ANY CONTENT, INCLUDING FROM OR THROUGH ANY OUR ROCK PLATFORM. OUR ROCK SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SPECIALFAILURE OF ANY OUR ROCK PLATFORM, INDIRECT, INCIDENTAL, CONSEQUENTIALCONTENT, OR EXEMPLARY DAMAGES THAT ARISE OUT OF SERVICE TO OPERATE, FOR ANY ERRORS IN OR RELATE TO THIS AGREEMENT IN CONNECTION WITH ANY OUR ROCK PLATFORM, SERVICE, OR THE SOFTWARE, INCLUDING YOUR USE THEREOFCONTENT, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS, OR FOR ANY LACK OF ACCESS TO ANY OUR ROCK PLATFORM, CONTENT, OR 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 PERFORM MAINTENANCE, TO ADDRESS SECURITY BREACHES, OR FOR ANY OTHER INTERACTIONS REASON, OR NO REASON AT ALL, 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 NO 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 LAWYOU WHATSOEVER. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS OUR ROCK BE LIABLE TO YOU FOR ALL DAMAGESANY INDIRECT, LOSSESEXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, RELIANCE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE, ANY DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, OR ANY OTHER 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 LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO 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 CAUSES OF ACTION ARISING OUT OF RECEIVED THROUGH OR RELATING 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 YOUR USE OF THE SOFTWARE EXCEED FIFTY U.S. DOLLARSADDITIONAL 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.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCESEXCEPT AS SET FORTH HEREIN, INCLUDINGPRO-ED AND ITS SUBSIDIARIES, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERSEMPLOYEES, LICENSORS OR SERVICE PROVIDERSAS WELL AS THEIR SUCCESSORS AND ASSIGN, SHALL NOT BE LIABLE FOR ANY SPECIALDAMAGES OR OTHER LIABILITY ARISING FROM NEGLIGENT ACTIONS OR INACTIONS ARISING FROM OR RELATED TO ANY LOSS DUE TO PERSONAL INJURY, PROPERTY DAMAGE, ANY LOSS OF PROFITS, SAVINGS, OR GOODWILL, LOSS OR INACCURACY OF DATA, OR ANY INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THIS AGREEMENT OR THE SOFTWAREPUNITIVE DAMAGES, LOSS, COST, EXPENSE (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) THAT RESULT FROM YOUR USE THEREOFOF THE SITE, INCLUDING BUT NOT LIMITED TO YOUR INABILITY TO USE THE SITE FOR ANY REASON (E.G., UNAUTHORIZED USE OR ACCESS OF YOUR ACCOUNT, ANY OTHER INTERACTIONS WITH INTERRUPTION OF SERVICE, COMPUTER VIRUS) FOR USE OF THE COMPANYSITE, EVEN IF THE COMPANY PRO-ED OR A COMPANY AN AUTHORIZED REPRESENTATIVE OF PRO-ED 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 COMPANY OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR FOR ANY CLAIM BY ANY THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE EXCEED FIFTY U.S. DOLLARSPARTY.

Limitation of Liability and Damages. UNDER TO THE 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 CIRCUMSTANCESLIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, INCLUDINGMISTAKES, BUT NOT LIMITED TOOR 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 THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH Federal Wibmo wallet; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL Federal Wibmo wallet, ITS ISSUERS, 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 INR 500. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THIS AGREEMENT OR THE SOFTWARE, INCLUDING YOUR USE THEREOFSTRICT LIABILITY, OR ANY OTHER INTERACTIONS WITH THE COMPANYBASIS, EVEN IF THE COMPANY OR A COMPANY REPRESENTATIVE Federal Wibmo wallet HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. APPLICABLE LAW MAY NOT ALLOW THE FOREGOING 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 SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAWLAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY OR ITS AFFILIATESFederal 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, OR ITS AND THEIR CONTRACTORSincluding 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, EMPLOYEESor are a foreign person or entity blocked or denied by the government of India. Unless otherwise explicitly stated, OFFICERSall materials found on Federal Wibmo wallet are solely directed to individuals, DIRECTORScompanies, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE EXCEED FIFTY U.S. DOLLARSor other entities located in India.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES8.1. EACH PARTY’S TOTAL AGGREGATE LIABILITY REGARDLESS OF THE FORM OF ACTION, INCLUDINGWHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TOTO NEGLIGENCE), NEGLIGENCEBREACH OF STATUTORY DUTY, STRICT LIABILITY OR OTHER THEORY, WITH RESPECT TO ALL SUBJECT MATTER RELATING TO THE AGREEMENT SHALL NOT EXCEED THE COMPANY TOTAL OF THE AMOUNTS PAID AND PAYABLE TO ONETRUST (WHETHER OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD NOT INVOICED) UNDER THE AGREEMENT IN THE YEAR PRECEDING THE FIRST EVENT GIVING RISE TO A CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT. 8.2. NEITHER PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, WILL BE LIABLE FOR ANY ANY: (A) SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THIS AGREEMENT OR THE SOFTWARE, INCLUDING YOUR USE THEREOF, OR ANY OTHER 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; (B) LOSS OF REVENUES; (C) LOSS OF PROFITS; (D) LOSS OR INACCURACY OF DATA; OR (E) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SO SERVICES OR TECHNOLOGY, ARISING IN CONNECTION WITH THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLYAGREEMENT, IN WHICH CASE EACH CASE, REGARDLESS OF THE COMPANY’S LIABILITY WILL BE FORM OF ACTION (AND WHETHER (B) THROUGH (E) ARE DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL NEGLIGENCE), BREACH OF STATUTORY DUTY, STRICT LIABILITY OF COMPANY OR 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 OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE EXCEED FIFTY U.S. DOLLARSOTHER THEORY.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCESNEITHER PARTY (AND, INCLUDINGIN THE CASE OF CCH SFS, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORSCONSULTANTS, EMPLOYEES, OFFICERS, DIRECTORSDISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS) WILL HAVE ANY LIABILITY TO THE OTHER OR ANY THIRD PARTY PARTNERS(INCLUDING ANY CONTRACTOR, LICENSORS AGENT, AFFILIATE OR SERVICE PROVIDERS, BE LIABLE CLIENT OF CUSTOMER) FOR ANY SPECIALLOSS OF PROFITS, INDIRECTSALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY DAMAGES THAT ARISE AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF OR RELATE TO THIS AGREEMENT (OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY), THE SOFTWAREPRODUCT(S), INCLUDING YOUR USE THEREOFSUPPORT, ELECTRONIC FILING AND/OR ANY OTHER INTERACTIONS WITH SERVICES PROVIDED HEREUNDER. 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 FOREGOING LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY SHALL NOT APPLY, IN WHICH CASE THE COMPANYAPPLY WITH RESPECT TO ANY VIOLATION OF EITHER PARTY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAWINTELLECTUAL PROPERTY RIGHTS AS SET FORTH HEREIN. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY OR CCH SFS AND ITS AFFILIATES, OR ITS AND THEIR CONTRACTORSCONSULTANTS, EMPLOYEES, OFFICERS, DIRECTORSDISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY PARTNERS, LICENSORS RESULTING FROM OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (OR YOUR USE ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY), THE PRODUCT(S), SUPPORT, ELECTRONIC FILING AND/OR ANY SERVICES PROVIDED HEREUNDER, FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES, SHALL NOT EXCEED THE TOTAL FEES PAID HEREUNDER BY CUSTOMER FOR THE PRODUCT(S) OR SERVICES GIVING RISE TO SUCH 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 SOFTWARE EXCEED FIFTY U.S. DOLLARSFORM 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.