Common use of Limitation of Liability and Damages Clause in Contracts

Limitation of Liability and Damages. IN NO EVENT SHALL NMS LABS BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOOD WILL, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS), WHETHER THE BASIS OF THE LIABILITY IS IN BREACH OF AGREEMENT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MAY ARISE. ACTIONS COVERED HEREIN INCLUDE BUT ARE NOT LIMITED TO; MISHANDLING OR LOSS OF PATIENT SAMPLES OR THE MISHANDLING OR LOSS OF PATIENT INFORMATION INCLUDING TESTING RESULTS. THE LIABILITY OF NMS LABS TO CLIENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF COMPENSATION RECEIVED BY NMS LABS FROM CLIENT HEREUNDER DURING THE TWO MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH DAMAGES WERE INCURRED. THE PARTIES INTEND TO HAVE THIS LIMITATION OF LIABILITY SURVIVE ANY DETERMINATION THAT THE EXCLUSIVE REMEDIES PROVIDED TO CLIENT HEREUNDER HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.

Limitation of Liability and Damages. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL NMS LABS LICENSOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOOD WILLPROFITS, LOSS OF BUSINESS PROFITSDATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS), WHETHER THE BASIS OF THE LIABILITY IS IN BREACH OF AGREEMENT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) INTERRUPTION OR ANY OTHER LEGAL THEORYCOMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO CUSTOMER’S USE OR INABILITY TO USE THE SOFTWARE OR OTHERWISE PERTAINING TO THIS AGREEMENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OTHER OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY THAT OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO CUSTOMER. IN NO EVENT SHALL LICENSOR’S TOTAL LIABILITY TO CUSTOMER FOR ALL DAMAGES (OTHER THAN AS MAY ARISE. ACTIONS COVERED HEREIN INCLUDE BUT ARE NOT LIMITED TO; MISHANDLING OR LOSS OF PATIENT SAMPLES OR THE MISHANDLING OR LOSS OF PATIENT INFORMATION INCLUDING TESTING RESULTS. THE LIABILITY OF NMS LABS TO CLIENT SHALL BE LIMITED REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED AN AMOUNT EQUAL TO THE AGGREGATE AMOUNT OF COMPENSATION RECEIVED AMOUNTS PAID BY NMS LABS FROM CLIENT HEREUNDER CUSTOMER TO RESELLER FOR THE SOFTWARE DURING THE TWO MONTH PERIOD SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO CUSTOMER’S FIRST CLAIM OF DAMAGES WERE INCURREDUNDER THE AGREEMENT. THE PARTIES INTEND TO HAVE THIS LIMITATION FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF LIABILITY SURVIVE ANY DETERMINATION THAT THE EXCLUSIVE REMEDIES PROVIDED TO CLIENT HEREUNDER HAVE FAILED OF THEIR ITS ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.

Limitation of Liability and Damages. (a) TO THE MAXIMUM EXTENT PERMITTED BY LAW: T2’S, ITS THIRD PARTY SUPPLIERS’ AND THEIR RESPECTIVE RESPRESENTATIVES’ TOTAL COLLECTIVE LIABILITY ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, AND/OR ANY PRODUCTS OR SERVICES DELIVERED OR FAILED TO BE DELIVERED UNDER THIS AGREEMENT, SHALL BE LIMITED TO THE ACTUAL DIRECT DAMAGES SUFFERED BY CUSTOMER, NOT TO EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM. TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL FEES ACTUALLY PAID BY CUSTOMER TO T2 FOR THE SERVICES DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE MOST RECENT CLAIM. IN NO EVENT SHALL NMS LABS WILL T2 OR ITS THIRD PARTY SUPPLIERS BE LIABLE IN ANY WAY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT PUNITIVE, EXEMPLARY OR CONSEQUENTIAL AGGRAVATED DAMAGES (OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOOD WILLUSE, LOSS OF BUSINESS PROFITSDATA, BUSINESS INTERRUPTIONINCOME, LOSS OF BUSINESS INFORMATION BUSINESS, PROFIT, GOODWILL, ANTICIPATED REVENUE, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER PECUNIARY LOSS), WHETHER THE BASIS OF THE LIABILITY IS IN BREACH OF AGREEMENT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MAY ARISE. ACTIONS COVERED HEREIN INCLUDE BUT ARE NOT LIMITED TO; MISHANDLING OR LOSS OF PATIENT SAMPLES OR THE MISHANDLING OR LOSS OF PATIENT INFORMATION INCLUDING TESTING RESULTS. THE LIABILITY OF NMS LABS TO CLIENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF COMPENSATION RECEIVED BY NMS LABS FROM CLIENT HEREUNDER DURING THE TWO MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH DAMAGES WERE INCURRED. THE PARTIES INTEND TO HAVE THIS LIMITATION OF LIABILITY SURVIVE ANY DETERMINATION THAT THE EXCLUSIVE REMEDIES PROVIDED TO CLIENT HEREUNDER HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENTOTHERWISE.

Limitation of Liability and Damages. 16.1 EXCEPT AS PROVIDED IN ARTICLE II AND ARTICLE XV, RESPECTIVELY, IN NO EVENT SHALL NMS LABS WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, INCIDENTALINDIRECT, INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR DAMAGE OR LOSS OF GOOD WILLANY NATURE (e.g., DAMAGE TO PROPERTY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, LOSS OF BUSINESS INFORMATION USE, LOST OR DAMAGED FILES OR DATA, INJURY TO PERSON, OR ANY CLAIMS OF THOSE NOT A PARTY TO THE AGREEMENT) WHICH MAY ARISE IN CONNECTION WITH THE USE, ADAPTATION, MERGER, INCORPORATION, DISTRIBUTION, INSTALLATION, REMOVAL OR SUPPORT OF STANDARD PRODUCTS AND/OR MODIFIED PRODUCTS (SEPARATELY OR IN COMBINATION WITH OTHER PECUNIARY LOSS)HARDWARE OR SOFTWARE NOT PROVIDED BY VOICETEK) BY NTI, WHETHER NORTHERN TELECOM COMPANIES, MANUFACTURING LICENSEES AND AUTHORIZED DISTRIBUTORS PURSUANT TO THE BASIS OF THE LIABILITY IS IN BREACH OF AGREEMENT, TORT (INCLUDING NEGLIGENCE AND REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED OR REMEDIES ARE SOUGHT IN WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY) TORT, PRODUCTS LIABILITY OR ANY OTHER LEGAL THEORYOTHERWISE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY THAT OF SUCH DAMAGES MAY ARISEDAMAGE OR LOSS. ACTIONS COVERED HEREIN INCLUDE BUT ARE NOT LIMITED TO; MISHANDLING EXCEPT AS PROVIDED IN ARTICLE II AND ARTICLE XV, RESPECTIVELY, THE MAXIMUM LIABILITY FOR ANY BREACH OF THE AGREEMENT BY EITHER PARTY SHALL IN NO EVENT EXCEED THE SUM OF ONE MILLION DOLLARS ($1,000,000.00) OR LOSS OF PATIENT SAMPLES OR THE MISHANDLING OR LOSS OF PATIENT INFORMATION INCLUDING TESTING RESULTS. THE LIABILITY OF NMS LABS TO CLIENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF COMPENSATION RECEIVED BY NMS LABS FROM CLIENT HEREUNDER DURING PRICES AND/OR LICENSE FEES PAID UNDER THE TWO MONTH PERIOD AGREEMENT OVER THE IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH DAMAGES WERE INCURRED. THE PARTIES INTEND TO HAVE THIS LIMITATION OF LIABILITY SURVIVE ANY DETERMINATION THAT THE EXCLUSIVE REMEDIES PROVIDED TO CLIENT HEREUNDER HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENTFOUR CONSECUTIVE QUARTERS, WHICHEVER IS GREATER.

Limitation of Liability and Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NMS LABS WILL HELPRO BE LIABLE FOR SPECIALANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, INDIRECT SPECIAL, CONSEQUENTIAL, OR CONSEQUENTIAL DAMAGES (INCLUDINGEXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, LIMITATION DAMAGES FOR LOSS OF GOOD WILL, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONGOODWILL, LOSS OF BUSINESS INFORMATION USE, DATA, OR OTHER PECUNIARY LOSS)INTANGIBLE LOSSES, THAT RESULT FROM THE PROVISION OF THE SERVICES, IN ALL CASES, HELPRO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF HELPRO IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH THE SPECIFIC SERVICE PROVIDED BY HELPRO GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE BASIS OF THE ALLEGED LIABILITY IS IN BREACH OF AGREEMENTBASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND TORT, NEGLIGENCE, STRICT LIABILITY) , OR ANY OTHER LEGAL THEORYBASIS, EVEN IF HELPRO HAS BEEN ADVISED OF THE POSSIBILITY THAT OF SUCH DAMAGES MAY ARISE. ACTIONS COVERED HEREIN INCLUDE BUT ARE NOT LIMITED TO; MISHANDLING OR LOSS OF PATIENT SAMPLES OR THE MISHANDLING OR LOSS OF PATIENT INFORMATION INCLUDING TESTING RESULTSDAMAGE. THE LIABILITY OF NMS LABS TO CLIENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF COMPENSATION RECEIVED BY NMS LABS FROM CLIENT HEREUNDER DURING THE TWO MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH DAMAGES WERE INCURRED. THE PARTIES INTEND TO HAVE THIS FOREGOING LIMITATION OF LIABILITY SURVIVE ANY DETERMINATION THAT WILL APPLY TO THE EXCLUSIVE REMEDIES PROVIDED TO CLIENT HEREUNDER HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION

Limitation of Liability and Damages. IN NO EVENT WILL DOLBY OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS XXXX OR THE USE OR INABILITY TO USE THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT DOLBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS XXXX IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL NMS LABS BE LIABLE DOLBY’S AGGREGATE CUMULATIVE LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES UNDER THIS XXXX EXCEED THE LESSER OF USD $100.00 (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOOD WILL, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS), WHETHER THE BASIS OF THE LIABILITY IS IN BREACH OF AGREEMENT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITYONE HUNDRED DOLLARS) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MAY ARISE. ACTIONS COVERED HEREIN INCLUDE BUT ARE NOT LIMITED TO; MISHANDLING OR LOSS OF PATIENT SAMPLES OR AMOUNTS PAID BY CUSTOMER TO DOLBY IN THE MISHANDLING OR LOSS OF PATIENT INFORMATION INCLUDING TESTING RESULTS. THE LIABILITY OF NMS LABS TO CLIENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF COMPENSATION RECEIVED BY NMS LABS FROM CLIENT HEREUNDER DURING THE TWO TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING PRIOR TO THE DATE ON WHICH SUCH DAMAGES WERE INCURRED. FIRST EVENT GIVING RISE TO THE PARTIES INTEND TO HAVE THIS LIMITATION OF LIABILITY SURVIVE ANY DETERMINATION THAT THE EXCLUSIVE REMEDIES PROVIDED TO CLIENT HEREUNDER HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENTLIABILITY.

Limitation of Liability and Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW: EXCEPT FOR CLAIMS FOR DEATH OR BODILY INJURY, T2, ITS THIRD PARTY SUPPLIERS’ AND THEIR RESPECTIVE REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, AND/OR ANY PRODUCTS OR SERVICES DELIVERED OR FAILED TO BE DELIVERED UNDER THIS AGREEMENT, SHALL BE LIMITED TO THE ACTUAL DIRECT DAMAGES SUFFERED BY CUSTOMER, NOT TO EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM. IN NO EVENT SHALL NMS LABS WILL T2 OR ITS THIRD PARTY SUPPLIERS BE LIABLE IN ANY WAY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT PUNITIVE, EXEMPLARY OR CONSEQUENTIAL AGGRAVATED DAMAGES (OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOOD WILLUSE, LOSS OF BUSINESS PROFITSDATA, BUSINESS INTERRUPTIONINCOME, LOSS OF BUSINESS INFORMATION BUSINESS, PROFIT, GOODWILL, ANTICIPATED REVENUE, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER PECUNIARY LOSS)OTHERWISE, HOWEVER CAUSED, WHETHER THE BASIS OF THE LIABILITY IS IN BREACH OF AGREEMENTBASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND NEGLIGENCE), STRICT LIABILITY) , WARRANTY, STATUTORY RIGHTS OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED BASIS ARISING OUT OF CUSTOMER’S USE OF THE POSSIBILITY PRODUCTS, OR OTHERWISE ARISING PURSUANT TO THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DUE TO THE NATURE OF INTERNET AND WIRELESS TRANSMISSIONS, CUSTOMER AGREES THAT SUCH NEITHER T2 NOR THE UNDERLYING WIRELESS DATA SERVICES CARRIER SHALL BE LIABLE FOR ANY LOSS, COSTS OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH: ANY LACK OF PRIVACY OR SECURITY OF WIRELESS TRANSMISSIONS; SERVICES INTEROPERABILITY, ACCESS OR INTERCONNECTIONS WITH THE T2 SERVICES; SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR INTERRUPTIONS; ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS; LOST OR ALTERED MESSAGES OR TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF CUSTOMER’S CONTENT, DATA, PROGRAMS CONFIDENTIAL INFORMATION OR SYSTEMS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT MAY ARISE. ACTIONS COVERED HEREIN INCLUDE BUT 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 NOT LIMITED KNOWN TO; MISHANDLING , OR LOSS OF PATIENT SAMPLES OR THE MISHANDLING OR LOSS OF PATIENT INFORMATION INCLUDING TESTING RESULTSOUGHT REASONABLY TO HAVE BEEN DISCOVERED BY, CUSTOMER. THE LIABILITY FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF NMS LABS TO CLIENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT CAUSE OF COMPENSATION RECEIVED BY NMS LABS FROM CLIENT HEREUNDER DURING ACTION, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, AND REGARDLESS OF WHETHER T2, ITS THIRD PARTY SUPPLIERS AND/OR THEIR REPRESENTATIVES KNEW, OR SHOULD HAVE KNOWN ABOUT THE TWO MONTH PERIOD IMMEDIATELY PRECEDING POSSIBILITY OF SUCH DAMAGES. CUSTOMER AGREES THAT THE DATE ON WHICH SUCH DAMAGES WERE INCURRED. THE PARTIES INTEND TO HAVE THIS LIMITATION LIMITATIONS OF LIABILITY SURVIVE ANY DETERMINATION THAT SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT, WITHOUT WHICH T2 WOULD NOT HAVE ENTERED INTO THIS AGREEMENT AND/OR AGREED TO PROVIDE THE EXCLUSIVE REMEDIES PROVIDED TO CLIENT HEREUNDER HAVE FAILED OF THEIR ESSENTIAL PURPOSEPRODUCTS AND/OR SERVICES UNDER THE CURRENT TERMS (INCLUDING FEES). THIS SECTION SHALL SURVIVE APPLY TO ANY TERMINATION ACTION OR EXPIRATION ARBITRATION HEREUNDER. BECAUSE THE LAWS OF THIS AGREEMENTSOME LOCATIONS DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ALL CUSTOMERS.

Limitation of Liability and Damages. YOU AGREE THAT IN NO EVENT SHALL NMS LABS WILL CITYCARE BE LIABLE FOR ANY LOSS, COST, LIABILITY OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF THE SERVICES OR PARTICIPATION IN THIRD PARTY SERVICES. THE ENTIRE CUMULATIVE LIABILITY OF CITYCARE, CITYCARE'S AFFILIATES AND ITS SUPPLIERS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED AS PROVIDED UNDER THE MERCHANT AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CITYCARE, ITS AFFILIATES AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, INDIRECT EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, OR FOR ANY DAMAGES FOR RELATING TO LOSS OF GOOD WILLBUSINESS, TELECOMMUNICATION FAILURES, THE LOSS, CORRUPTION OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS USE OF BUSINESS INFORMATION THE SOFTWARE WITH HARDWARE OR OTHER PECUNIARY LOSSSOFTWARE THAT DOES NOT MEET CITYCARE'S SYSTEMS REQUIREMENTS OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WHETHER PRODUCT LIABILITY OR OTHERWISE, EVEN IF CITYCARE, ITS AFFILIATES, ITS SUPPLIERS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE LIABILITY IS IN BREACH OF AGREEMENT, TORT (INCLUDING NEGLIGENCE BARGAIN BETWEEN CITYCARE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF YOU. CITYCARE WOULD NOT HAVE PROVIDED THE POSSIBILITY THAT SERVICES WITHOUT SUCH DAMAGES MAY ARISE. ACTIONS COVERED HEREIN INCLUDE BUT ARE NOT LIMITED TO; MISHANDLING OR LOSS OF PATIENT SAMPLES OR THE MISHANDLING OR LOSS OF PATIENT INFORMATION INCLUDING TESTING RESULTS. THE LIABILITY OF NMS LABS TO CLIENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF COMPENSATION RECEIVED BY NMS LABS FROM CLIENT HEREUNDER DURING THE TWO MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH DAMAGES WERE INCURRED. THE PARTIES INTEND TO HAVE THIS LIMITATION OF LIABILITY SURVIVE ANY DETERMINATION THAT THE EXCLUSIVE REMEDIES PROVIDED TO CLIENT HEREUNDER HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENTLIMITATIONS.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE SHEMOGUL MEDIA MATERIALS ON THE SITE OR THE SERVICES THEMSELVES, OR ANY OTHER INTERACTIONS WITH SHEMOGUL MEDIA, EVEN IF SHEMOGUL MEDIA OR A SHEMOGUL MEDIA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE INDEMNIFIED PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL NMS LABS BE LIABLE THE INDEMNIFIED PARTIES’ TOTAL LIABILITY TO YOU FOR SPECIALALL DAMAGES, INCIDENTALLOSSES, INDIRECT AND CAUSES OF ACTION ARISING OUT OF OR CONSEQUENTIAL RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO SHEMOGUL MEDIA IN THE MONTH IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE APPLICABLE CLAIM. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES (INCLUDING, WITHOUT LIMITATION, INCURRED BY REASON OF ANY ITEMS SOLD TO YOU BY THIRD PARTIES OTHER THAN SHEMOGUL MEDIA AND RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SITE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES FOR LOSS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF GOOD WILL, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS), WHETHER THE BASIS OF THE LIABILITY IS IN BREACH OF AGREEMENT, TORT (INCLUDING NEGLIGENCE BARGAIN BETWEEN SHEMOGUL MEDIA AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MAY ARISE. ACTIONS COVERED HEREIN INCLUDE BUT ARE NOT LIMITED TO; MISHANDLING OR LOSS OF PATIENT SAMPLES OR THE MISHANDLING OR LOSS OF PATIENT INFORMATION INCLUDING TESTING RESULTS. THE LIABILITY OF NMS LABS TO CLIENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF COMPENSATION RECEIVED BY NMS LABS FROM CLIENT HEREUNDER DURING THE TWO MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH DAMAGES WERE INCURRED. THE PARTIES INTEND TO HAVE THIS LIMITATION OF LIABILITY SURVIVE ANY DETERMINATION THAT THE EXCLUSIVE REMEDIES PROVIDED TO CLIENT HEREUNDER HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENTYOU.

Limitation of Liability and Damages. YOU UNDERSTAND THAT Triesten Technologies, LLC., WILL NOT AUDIT OR OTHERWISE VERIFY ANY INFORMATION YOU PROVIDE, AND IS NOT RESPONSIBLE FOR DISALLOWED DEDUCTIONS OR CREDITS. FURTHER, Triesten Technologies, LLC., SHALL NOT BE RESPONSIBLE FOR ANY TAXES, PENALTIES AND INTEREST THAT ARE ASSESSED AS THE RESULT OF INCORRECT, INCOMPLETE, OR MISLEADING INFORMATION THAT YOU HAVE GIVEN TO Triesten Technologies, LLC., IN NO EVENT SHALL NMS LABS BE LIABLE CONNECTION WITH ITS PREPARATION OF YOUR TAX RETURNS USING THE SERVICES. EXCEPT FOR SPECIALTHE REIMBURSEMENT FOR CALCULATION ERRORS DESCRIBED IN SECTION 3 AND 4 A., INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOOD WILL, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS), WHETHER THE BASIS OF THE LIABILITY IS IN BREACH OF AGREEMENT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MAY ARISE. ACTIONS COVERED HEREIN INCLUDE BUT ARE NOT LIMITED TO; MISHANDLING OR LOSS OF PATIENT SAMPLES OR THE MISHANDLING OR LOSS OF PATIENT INFORMATION INCLUDING TESTING RESULTS. THE ENTIRE CUMULATIVE LIABILITY OF NMS LABS Triesten Technologies, LLC., AND ITS SUPPLIERS FOR ANY REASON ARISING FROM OR RELATING TO CLIENT THIS AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT PAID BY YOU FOR THE SOFTWARE OR SERVICES, AS APPLICABLE, TO Triesten Technologies, LLC., OR ITS AUTHORIZED RESELLER AT THE RETAIL PRICE SHOWN ON THE SIMPLE IFTA WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Triesten Technologies, LLC., AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO LOSS OF COMPENSATION RECEIVED BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS OR INVESTMENT, TAX POSITIONS TAKEN BY NMS LABS FROM CLIENT HEREUNDER DURING YOU, INABILITY TO FILE YOUR RETURN, DELAY IN PREPARING YOUR IFTA FUEL TAX RETURN, INCORRECT OR INCOMPLETE INFORMATION PROVIDED TO Triesten Technologies, LLC.,, ANY ACCESS TO, OR USE OF, YOUR PASSWORD AND USER ID BY AN UNAUTHORIZED PERSON, OR THE TWO MONTH PERIOD IMMEDIATELY PRECEDING LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF Triesten Technologies, LLC., OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE DATE ON WHICH POSSIBILITY OF SUCH DAMAGES WERE INCURRED. THE PARTIES INTEND AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE THIS LIMITATION OF LIABILITY SURVIVE ANY DETERMINATION THAT THE EXCLUSIVE REMEDIES PROVIDED TO CLIENT HEREUNDER HAVE FAILED OF THEIR ITS ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE IN NO EVENT WILL Triesten Technologies, LLC., BE LIABLE FOR ANY TERMINATION LOSS, COST, LIABLITY OR EXPIRATION DAMAGE INCURRED AS A RESULT OF THIS AGREEMENTYOUR RECEIPT OF OR PARTICIPATION IN THIRD PARTY SERVICES OR THIRD-PARTY WEBSITES. IN NO EVENT DOES Triesten Technologies, LLC., ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Triesten Technologies, LLC., AND YOU. Triesten Technologies, LLC., WOULD NOT BE ABLE TO HAVE PROVIDED SimpleIFTA OR SERVICES WITHOUT SUCH LIMITATIONS.

Limitation of Liability and Damages. IN NO EVENT SHALL NMS LABS LISCIO OR ITS VENDORS AND LICENSORS BE LIABLE TO SUBSCRIBER, USER OR ANY THIRD PARTY, INCLUDING SUBSCRIBER’S EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, SUBSCRIBERS, OR CONTRACTING PARTIES, FOR SPECIALANY LOSS OF PROFITS, BUSINESS, DATA, OR OTHER INCIDENTAL, INDIRECT CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR SPECIAL DAMAGE OR LOSS OF GOOD WILLANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT WHETHER ARISING UNDER CONTRACT, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS), WHETHER THE BASIS OF THE LIABILITY IS IN BREACH OF AGREEMENTWARRANTY, TORT (INCLUDING NEGLIGENCE AND OR STRICT LIABILITY) ), OR ANY OTHER LEGAL THEORYTHEORY OF LIABILITY, INCLUDING USE OF THE SERVICES EVEN IF LISCIO HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY THAT OF SUCH DAMAGES MAY ARISE. ACTIONS COVERED HEREIN INCLUDE BUT ARE NOT LIMITED TO; MISHANDLING OR LOSS OF PATIENT SAMPLES OR THE MISHANDLING OR LOSS OF PATIENT INFORMATION INCLUDING TESTING RESULTSSUCH DAMAGES COULD HAVE REASONABLY BEEN FORESEEN BY LISCIO. THE TOTAL LIABILITY OF NMS LABS LISCIO AND ITS VENDORS AND LICENSORS TO CLIENT SHALL BE LIMITED TO SUBSCRIBER (INCLUDING CLAIMS BY OR ON BEHALF OF USERS), OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR USE OF THE AGGREGATE AMOUNT SERVICES IN CONNECTION WITH ANY CLAIM OR TYPE OF COMPENSATION RECEIVED BY NMS LABS FROM CLIENT HEREUNDER DAMAGE (WHETHER IN CONTRACT OR TORT) WILL NOT EXCEED THE TOTAL FEES SUBSCRIBER PAID, IF ANY, DURING THE TWO ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH DAMAGES WERE INCURREDTHAT THE EVENT GIVING RISE TO THE LIABILITY FIRST OCCURRED. THE PARTIES INTEND TO HAVE THIS LIMITATION OF LIABILITY SURVIVE ANY DETERMINATION THAT REFLECTS THE EXCLUSIVE REMEDIES ALLOCATION OF RISK BETWEEN THE PARTIES AND WILL APPLY EVEN IF THE EXPRESS WARRANTIES PROVIDED TO CLIENT HEREUNDER HAVE FAILED ABOVE FAIL OF THEIR ESSENTIAL PURPOSE. THE LIMITATIONS SPECIFIED IN THIS SECTION SHALL 19 WILL SURVIVE AND APPLY IN ANY TERMINATION OR EXPIRATION AND ALL CIRCUMSTANCES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF THIS AGREEMENTLIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.

Limitation of Liability and Damages. IN YOU ACKNOWLEDGE AND AGREE THAT FreshmenSuccess WILL HAVE NO EVENT SHALL NMS LABS BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOOD WILL, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS)LIABILITY WHATSOEVER, WHETHER THE BASIS OF THE LIABILITY IS IN BREACH OF AGREEMENTCONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITYNEGLIGENCE) OR ANY OTHER LEGAL THEORYTHEORY OF LIABILITY, EVEN IF ADVISED AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO FreshmenSuccess, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE POSSIBILITY THAT SUCH DAMAGES MAY ARISESOFTWARE. ACTIONS COVERED HEREIN INCLUDE BUT ARE NOT LIMITED TO; MISHANDLING YOU FURTHER ACKNOWLEDGE AND AGREE TO HOLD FreshmenSuccess HARMLESS FOR ANY DISRUPTION OR LOSS DOWNTIME OF PATIENT SAMPLES THE SOFTWARE DUE TO ANY TEMPORARY OR PERMANENT MODIFICATION, MAINTENANCE, SUSPENSION, TERMINATION, OR DISCONTINUANCE OF ITS SERVICES. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE MISHANDLING OR LOSS OF PATIENT INFORMATION INCLUDING TESTING RESULTSSOFTWARE IS TO IMMEDIATELY CEASE USING THE SOFTWARE. NOTWITHSTANDING THE FOREGOING, THE ENTIRE CUMULATIVE LIABILITY OF NMS LABS FreshmenSuccess AND ITS SUPPLIERS FOR ALL MATTERS ARISING FROM OR RELATING TO CLIENT THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, SHALL BE LIMITED TO THE AGGREGATE AMOUNT PAID BY YOU TO FreshmenSuccess FOR YOUR USE OF COMPENSATION RECEIVED BY NMS LABS FROM CLIENT HEREUNDER DURING THE TWO SOFTWARE IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING PRIOR TO THE DATE ON WHICH OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, EVEN IF SUCH AMOUNT IS ZERO. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FreshmenSuccess AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WERE INCURRED. OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS OR INVESTMENT, OR THE PARTIES INTEND LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF FreshmenSuccess OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE THIS LIMITATION OF LIABILITY SURVIVE ANY DETERMINATION THAT THE EXCLUSIVE REMEDIES PROVIDED TO CLIENT HEREUNDER HAVE FAILED OF THEIR ITS ESSENTIAL PURPOSE. IN NO EVENT WILL FreshmenSuccess BE LIABLE FOR ANY LOSS, COST, LIABILITY OR DAMAGE INCURRED AS A RESULT OF YOUR RECEIPT OF OR PARTICIPATION IN ANY THIRD-PARTY SERVICES OR THIRD-PARTY WEBSITES. IN NO EVENT DOES FreshmenSuccess ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE OR SITE. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS OF DAMAGES SET FORTH IN THIS SECTION SHALL SURVIVE ANY TERMINATION 13 ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FreshmenSuccess AND YOU. FreshmentSuccess WOULD NOT BE ABLE PROVIDE THE SOFTWARE OR EXPIRATION OF THIS AGREEMENTTHE SERVICES TO YOU WITHOUT SUCH LIMITATIONS.

Limitation of Liability and Damages. IN NO EVENT SHALL NMS LABS BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOOD WILL, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS), WHETHER THE BASIS OF THE LIABILITY IS IN BREACH OF AGREEMENT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MAY ARISE. ACTIONS COVERED HEREIN INCLUDE BUT ARE NOT LIMITED TO; MISHANDLING OR LOSS OF PATIENT SAMPLES OR THE MISHANDLING OR LOSS OF PATIENT INFORMATION INCLUDING TESTING RESULTS. THE ENTIRE CUMULATIVE LIABILITY OF NMS LABS TRELLIS TECHNOLOGIES AND ITS SUPPLIERS FOR ALL MATTERS ARISING FROM OR RELATING TO CLIENT THIS AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT PAID BY YOU FOR THE SOFTWARE OR SERVICES, AS APPLICABLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRELLIS TECHNOLOGIES AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF COMPENSATION RECEIVED BY NMS LABS FROM CLIENT HEREUNDER DURING BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS OR INVESTMENT, OR THE TWO MONTH PERIOD IMMEDIATELY PRECEDING LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF TRELLIS TECHNOLOGIES, ITS SUPPLIERS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE DATE ON WHICH POSSIBILITY OF SUCH DAMAGES WERE INCURRED. THE PARTIES INTEND DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE THIS LIMITATION OF LIABILITY SURVIVE ANY DETERMINATION THAT THE EXCLUSIVE REMEDIES PROVIDED TO CLIENT HEREUNDER HAVE FAILED OF THEIR ITS ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE IN NO EVENT WILL TRELLIS TECHNOLOGIES BE LIABLE FOR ANY TERMINATION LOSS, COST, LIABILITY OR EXPIRATION DAMAGE INCURRED AS A RESULT OF THIS AGREEMENTYOUR RECEIPT OF OR PARTICIPATION IN ANY THIRD PARTY SERVICES, THIRD PARTY WEBSITES, OR SERVICES. IN NO EVENT DOES TRELLIS TECHNOLOGIES ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRELLIS TECHNOLOGIES AND YOU. TRELLIS TECHNOLOGIES WOULD NOT BE ABLE TO HAVE PROVIDED THE SOFTWARE OR THE SERVICES WITHOUT SUCH LIMITATIONS.

Limitation of Liability and Damages. YOU UNDERSTAND THAT INTUIT WILL NOT AUDIT OR OTHERWISE VERIFY ANY INFORMATION YOU PROVIDE, AND IS NOT RESPONSIBLE FOR DISALLOWED DEDUCTIONS, OR THE INCLUSION OF ADDITIONAL UNREPORTED INCOME OR RESULTING TAXES, PENALTIES OR INTEREST. EXCEPT FOR THE REIMBURSEMENT FOR CALCULATION ERRORS DESCRIBED IN NO EVENT SECTION 6 OF THESE SUPPLEMENTAL TERMS, THE ENTIRE CUMULATIVE LIABILITY OF INTUIT AND ITS SUPPLIERS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL NMS LABS BE LIMITED AS SET FORTH IN SECTION 8 OF THE GENERAL TERMS. INTUIT SHALL NOT BE LIABLE LOSS OF PROFITS OR INVESTMENT, TAX POSITIONS TAKEN BY YOU, INABILITY TO FILE YOUR RETURN, DELAY IN PREPARING YOUR TAX RETURN, INCORRECT OR INCOMPLETE INFORMATION PROVIDED TO INTUIT, ANY ACCESS TO, OR USE OF, YOUR PASSWORD AND USER ID BY AN UNAUTHORIZED PERSON. INTUIT SHALL BE NOT BE LIABLE FOR SPECIALANY DEFAULT OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT ITS PERFORMANCE IS DELAYED OR PREVENTED DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, INCIDENTALSUCH AS ACTS OF GOD, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDINGNATURAL DISASTERS, WITHOUT LIMITATIONTERRORIST ACTS, DAMAGES FOR LOSS OF GOOD WILL, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION WAR OR OTHER PECUNIARY LOSS)HOSTILITIES, WHETHER LABOR DISPUTES, CIVIL DISTURBANCES, THE BASIS ACTIONS OR OMISSIONS OF THE LIABILITY IS IN BREACH OF AGREEMENTTHIRD PARTIES, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) ELECTRICAL OR ANY OTHER LEGAL THEORYCOMMUNICATION SYSTEM FAILURES, EVEN IF ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MAY ARISE. ACTIONS COVERED HEREIN INCLUDE BUT ARE NOT LIMITED TO; MISHANDLING OR LOSS OF PATIENT SAMPLES OR THE MISHANDLING OR LOSS OF PATIENT INFORMATION INCLUDING TESTING RESULTS. THE LIABILITY OF NMS LABS TO CLIENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF COMPENSATION RECEIVED BY NMS LABS FROM CLIENT HEREUNDER DURING THE TWO MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH DAMAGES WERE INCURRED. THE PARTIES INTEND TO HAVE THIS LIMITATION OF LIABILITY SURVIVE ANY DETERMINATION THAT THE EXCLUSIVE REMEDIES PROVIDED TO CLIENT HEREUNDER HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENTGOVERNMENTAL ACTION.

Limitation of Liability and Damages. IN NO EVENT IHDP SHALL NMS LABS NOT BE LIABLE TO CUSTOMER IN CONNECTION WITH OR RELATING TO THIS AGREEMENT, THE SYSTEM, IN HOUSE DIGITAL PUBLISHING SOFTWARE AND ANY TRANSACTIONS INVOLVING IN HOUSE DIGITAL PUBLISHING SOFTWARE FOR SPECIALANY DIRECT, INCIDENTALINDIRECT, INDIRECT CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL PUNITIVE DAMAGES OR LOST PROFITS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOOD WILL, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS), WHETHER THE BASIS OF THE LIABILITY IS IN ) BREACH OF AGREEMENTWARRANTY AND NEGLIGENCE, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF REGARDLESS OF WHETHER IHDP HAS BEEN ADVISED OF THE POSSIBILITY THAT OF SUCH DAMAGES MAY ARISEIN ADVANCE OR WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE. ACTIONS COVERED HEREIN INCLUDE BUT ARE NOT LIMITED TO; MISHANDLING OR LOSS OF PATIENT SAMPLES OR NOTWITHSTANDING ANYTHING TO THE MISHANDLING OR LOSS OF PATIENT INFORMATION INCLUDING TESTING RESULTS. CONTRARY, THE LIABILITY OF NMS LABS IHDP FOR ANY REASON AND FOR ANY CAUSE OF ACTION WHATSOEVER IN CONNECTION WITH OR RELATING TO CLIENT THIS AGREEMENT, THE SYSTEM, IN HOUSE DIGITAL PUBLISHING SOFTWARE, AND ANY TRANSACTIONS INVOLVING IN HOUSE DIGITAL PUBLISHING SOFTWARE SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF COMPENSATION RECEIVED LICENSE FEE ACTUALLY PAID BY NMS LABS FROM CLIENT HEREUNDER DURING THE TWO MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH DAMAGES WERE INCURRED. THE PARTIES INTEND TO HAVE THIS LIMITATION OF LIABILITY SURVIVE ANY DETERMINATION THAT THE EXCLUSIVE REMEDIES PROVIDED TO CLIENT HEREUNDER HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF CUSTOMER FOR IN HOUSE DIGITAL PUBLISHING SOFTWARE UNDER THIS AGREEMENT.

Limitation of Liability and Damages. IN NO EVENT YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF STRONGVON LLC FOR ANY REASON SHALL NMS LABS BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE STRONGVON TOURNAMENT SOFTWARE TO STRONGVON LLC OR ITS AUTHORIZED RESELLER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STRONGVON LLC AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF GOOD WILLBUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION OR THEFT OF DATA, LOSS OF BUSINESS PROFITSPROFITS OR INVESTMENT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSSTHE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF STRONGVON LLC OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THIRD PARTY CONTENT PROVIDERS ARE NOT RESPONSIBLE TO YOU FOR ANY DAMAGES OR LOSSES ARISING FROM ANY USE OF THE CONTENT. STRONGVON LLC AND ITS REPRESENTATIVES' TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE STRONGVON TOURNAMENT SOFTWARE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF THE DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE LIABILITY IS IN BREACH OF AGREEMENT, TORT BARGAIN BETWEEN STRONGVON LLC AND YOU. STRONGVON LLC WOULD NOT HAVE BEEN ABLE TO PROVIDE THE STRONGVON CREDIT CARD SERVICE TO YOU WITHOUT SUCH LIMITATIONS. Consent to Conduct Business Electronically (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MAY ARISE. ACTIONS COVERED HEREIN INCLUDE BUT ARE NOT LIMITED TO; MISHANDLING OR LOSS OF PATIENT SAMPLES OR THE MISHANDLING OR LOSS OF PATIENT INFORMATION INCLUDING TESTING RESULTS. THE LIABILITY OF NMS LABS TO CLIENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF COMPENSATION RECEIVED BY NMS LABS FROM CLIENT HEREUNDER DURING THE TWO MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH DAMAGES WERE INCURRED. THE PARTIES INTEND TO HAVE THIS LIMITATION OF LIABILITY SURVIVE ANY DETERMINATION THAT THE EXCLUSIVE REMEDIES PROVIDED TO CLIENT HEREUNDER HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT."Consent")