Common use of Limitation of Liability and Disclaimer Clause in Contracts

Limitation of Liability and Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREUNDER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT AND ANY RELATED DOCUMENTATION, SOFTWARE OR COMPONENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. RADIX ASSUMES NO RESPONSIBILITY OR LIABILITY FOR: (I) ANY UNAUTHORIZED ACCESS TO OR USE OF THE ACCOUNT; (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCT; (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCT; AND (IV) ANY LOSS OF DATA. IN NO EVENT SHALL KAHOLO BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OF THE PRODUCT, EVEN IF IT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXX, AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, KAHOLO'S MAXIMUM AGGREGATE LIABILITY FOR DAMAGES IN CONNECTION WITH THIS XXXX AND USE OF THE PRODUCT SHALL NOT EXCEED US$100.

Limitation of Liability and Disclaimer. EXCEPT AS OTHERWISE 7.1 Violin warrants to Toshiba that it will use commercially reasonable efforts to provide the Services in a good and workmanlike manner. OTHER THAN EXPRESSLY STATED HEREUNDERSET FORTH HEREIN, VIOLIN AND TOSHIBA MAKE NO REPRESENTATIONS OR WARRANTIES RELATING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSERVICES, DELIVERABLES OR PRODUCTS OR ARISING OUT OF THE USE, ADAPTATION OR PERFORMANCE OF THE PRODUCTS. VIOLIN HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, THE PRODUCT IMPLIED WARRANTIES OF MERCHANTABILITY AND ANY RELATED DOCUMENTATION, SOFTWARE OR COMPONENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. RADIX ASSUMES NO RESPONSIBILITY OR LIABILITY FOR: (I) ANY UNAUTHORIZED ACCESS TO OR USE OF THE ACCOUNT; (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCT; (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCT; AND (IV) ANY LOSS OF DATA. IN NO EVENT FITNESS FOR PARTICULAR PURPOSE. 7.2 NEITHER PARTY SHALL KAHOLO BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE INCIDENTAL, RELIANCE, EXEMPLARY OR INCIDENTAL DAMAGESCONSEQUENTIAL DAMAGES (INCLUDING, OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONBUT NOT LIMITED TO, LOSS OF BUSINESS INFORMATIONBUSINESS, REVENUES, PROFITS OR GOODWILL), CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT OR OTHERWISE RESULTING FROM ITS PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR OTHER PECUNIARY LOSSTHE FURNISHING, ARISING OUT OF THE PERFORMANCE OR USE OF ANY GOODS OR SERVICES SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE PRODUCTPARTY’S NEGLIGENCE OR ANY OTHER CAUSE OF ACTION OR CLAIM, EVEN IF IT WAS THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN UNDER THIS XXXXAGREEMENT, AND EACH PARTY’S AGGREGATE LIABILITY TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, KAHOLO'S MAXIMUM AGGREGATE LIABILITY FOR DAMAGES IN CONNECTION WITH THIS XXXX AND USE OF THE PRODUCT OTHER HEREUNDER SHALL NOT EXCEED US$100THE AMOUNT EQUAL TO USD *** DOLLARS. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS SET FORTH IN THIS SECTION 7.2 SHALL NOT APPLY IN THE CASE OF ANY BREACH OF SECTION 4 (INTELLECTUAL PROPERTY AND TITLE) OR SECTION 10 (CONFIDENTIAL INFORMATION).

Limitation of Liability and Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREUNDER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT SERVICES AND ANY RELATED DOCUMENTATION, SOFTWARE OR COMPONENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. RADIX NEUROLIEF IS NOT A LICENSED MEDICAL CARE PROVIDER AND THE RELIVION DEVICE AND THE APP ARE NOT INTENDED TO FULLY REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSYS. YOU ARE RESPONSIBLE FOR YOUR OWN HEALTH AND FOR DISCUSSING YOUR SYMPTOMS WITH A SUITABLE DOCTOR. PLEASE CONSULT WITH YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH AND SAFETY. YOU SHOULD NEVER DELAY SEEKING PROFESSIONAL MEDICAL ADVICE, DISREGARD MEDICAL ADVICE OR DISCONTINUE MEDICAL TREATMENT BECAUSE OF THE USE OF THE RELIVION DEVICE OR THE APP. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR YOU EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. NEUROLIEF IS NOT RESPONSIBLE FOR ANY PERSONAL INJURY OR ANY OTHER DAMAGES THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM ANY USE OR MISUSE OF THE APP. RELIVION PRODUCT IS A PRESCRIPTION DEVICE. USE THE RELIVION PRODUCT AND THIS APP ONLY IF YOU HAVE A VALID PRESCRIPTION AND AFTER CONSULTING WITH YOUR HEALTH CARE PROFESSIONAL. TO THE EXTENT PERMITTED BY LAW, NEUROLIEF ASSUMES NO RESPONSIBILITY OR LIABILITY FOR: (I) ANY UNAUTHORIZED ACCESS TO OR USE OF THE CUSTOMER ACCOUNT; (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCTSERVICES; (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCTSERVICES; AND (IV) ANY LOSS OF DATA. IN NO EVENT SHALL KAHOLO NEUROLIEF BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE PUNITIVE, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OF THE PRODUCTSERVICES, EVEN IF IT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXXAGREEMENT, AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, KAHOLO'S NEUROLIEF’S MAXIMUM AGGREGATE LIABILITY FOR DAMAGES IN CONNECTION WITH THIS XXXX AGREEMENT AND USE OF THE PRODUCT SERVICES SHALL NOT EXCEED US$100400.

Limitation of Liability and Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREUNDER, AND a. COG WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLICENSEE FOR ANY CONSEQUENTIAL, THE PRODUCT AND ANY RELATED DOCUMENTATIONINCIDENTAL, SOFTWARE INDIRECT, SPECIAL, OR COMPONENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY EXEMPLARY DAMAGES OF ANY KIND. RADIX ASSUMES NO RESPONSIBILITY OR LIABILITY FOR: (I) , INCLUDING WITHOUT LIMITATION ANY UNAUTHORIZED ACCESS TO OR USE OF THE ACCOUNT; (II) ANY BUSINESS INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCT; (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCT; AND (IV) ANY LOSS OF USE, GOODWILL, DATA. IN NO EVENT SHALL KAHOLO BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE PROFIT OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSSBUSINESS, ARISING OUT OF THE USE OF THE PRODUCTOR IN CONNECTION WITH THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF IT WAS ADVISED THE PARTIES ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. b. The PYP INTELLECTUAL PROPERTY (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) SHALL BE PROVIDED IN ACCORDANCE WITH ALL APPLICABLE INDUSTRY STANDARDS. NOTWITHSTANDING ANYTHING TO THE CONTRARY EXCEPT AS SPECIFICALLY PROVIDED ELSEWHERE IN THIS XXXXAGREEMENT, COG MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED AND TO THE EXTENT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. c. COG IS NOT PROHIBITED BY APPLICABLE LAW, KAHOLO'S MAXIMUM AGGREGATE LIABILITY RESPONSIBLE FOR DAMAGES IN CONNECTION WITH THIS XXXX AND USE ANY MISUSE OF THE PRODUCT SHALL NOT EXCEED US$100PYP INTELLECTUAL PROPERTY, NOR ANY ISSUES OR LIABILITIES RESULTING THEREOF.

Limitation of Liability and Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREUNDER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT AND ANY RELATED DOCUMENTATION, SOFTWARE OR COMPONENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. RADIX ASSUMES NO RESPONSIBILITY OR LIABILITY FOR: (I) ANY UNAUTHORIZED ACCESS TO OR USE OF THE ACCOUNT; (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCT; (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCT; AND (IV) ANY LOSS OF DATA10.1. IN NO EVENT SHALL KAHOLO WILL EITHER PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATIONCONSEQUENTIAL, INDIRECT, CONSEQUENTIALINCIDENTAL, PUNITIVE, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGESEXEMPLARY DAMAGES WHATSOEVER, OR INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSSAND THE LIKE, INCURRED BY EITHER PARTY ARISING OUT OF THE USE OF THE PRODUCTTHIS AGREEMENT, EVEN IF IT WAS SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING THE FOREGOING, IN NO EVENT WILL COMPANY BE LIABLE FOR DIRECT DAMAGES IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO AWS DURING THE SIX-MONTH PERIOD IMMEDIATELY PRIOR TO THE CONTRARY TIME THAT THE CAUSE OF ACTION AROSE. 10.2. COMPANY MAKES NO WARRANTIES THAT THE SERVICES OR THE PLATFORM WILL BE FREE OF DEFECTS, ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THAT OPERATION THEREOF WILL BE UNINTERRUPTED OR SECURE, OR THAT ANY RESULTS DERIVED FROM THE USE THEREOF WILL BE ACCURATE, COMPLETE OR RELIABLE AND HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING AS A RESULT OF A COURSE OF DEALING OR USAGE IN TRADE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, OR PERFORMANCE OF THE SERVICES, WHETHER MADE BY CUSTOMER OF COMPANY OR OTHERWISE, WHICH IS NOT CONTAINED IN THIS XXXXAGREEMENT, AND SHALL BE DEEMED TO THE EXTENT NOT PROHIBITED BE A WARRANTY BY APPLICABLE LAWCOMPANY FOR ANY PURPOSE, KAHOLO'S MAXIMUM AGGREGATE OR GIVE RISE TO ANY LIABILITY FOR DAMAGES IN CONNECTION WITH THIS XXXX AND OF COMPANY WHATSOEVER. CUSTOMER UNDERSTANDS THAT ITS USE OF THE PRODUCT SHALL NOT EXCEED US$100SERVICES IS AT CUSTOMER’S OWN RISK AND THAT THE SERVICES ARE PROVIDED “AS-IS.” AND “AS AVAILABLE”.

Limitation of Liability and Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREUNDER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT AND ANY RELATED DOCUMENTATION, SOFTWARE OR COMPONENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. RADIX ASSUMES NO RESPONSIBILITY OR LIABILITY FOR: (I) ANY UNAUTHORIZED ACCESS TO OR USE OF THE ACCOUNT; (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCT; (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCT; AND (IV) ANY LOSS OF DATA. IN NO EVENT SHALL KAHOLO RADIX BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OF THE PRODUCT, EVEN IF IT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXX, AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, KAHOLO'S RADIX’ MAXIMUM AGGREGATE LIABILITY FOR DAMAGES IN CONNECTION WITH THIS XXXX AND USE OF THE PRODUCT SHALL NOT EXCEED US$100.

Limitation of Liability and Disclaimer. EXCEPT THE INFORMATION CONTAINED IN OR ACCESSED VIA THIS WEBSITE IS PROVIDED "AS OTHERWISE EXPRESSLY STATED HEREUNDER, IS" AND "AS AVAILABLE". NEITHER WE NOR ANY THIRD PARTY DATA PROVIDER IS PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE. WE AND ALL THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWWEBSITE, THE PRODUCT AND INCLUDING ANY RELATED DOCUMENTATIONIMPLIED WARRANTIES OF MERCHANTABILITY, SOFTWARE NON- INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR COMPONENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. RADIX ASSUMES NO RESPONSIBILITY OR LIABILITY FOR: (I) ANY UNAUTHORIZED ACCESS TO OR USE OF THE ACCOUNT; (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCT; (III) ANY BUGS, VIRUSES, TROJAN HORSESOTHER HARMFUL CODE, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCT; AND (IV) FITNESS FOR ANY LOSS OF DATAPARTICULAR PURPOSE. IN NO EVENT SHALL KAHOLO FURTHER, WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDINGDELAY, WITHOUT LIMITATIONDIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL WE BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NEITHER WE NOR ANY THIRD PARTY DATA PROVIDERS WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN ALL MATERIALS AND INFORMATION. FURTHERMORE, WE AND OUR AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER'S FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR AND OUR AFFILIATES' CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING OUR RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGESPUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE ANY USE OF OR INABILITY TO USE THE PRODUCTWEBSITE OR ANY PORTION THEREOF, EVEN IF IT WAS ADVISED REGARDLESS OF WHETHER WE HAVE BEEN APPRISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXX, DAMAGES OCCURRING AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, KAHOLO'S MAXIMUM AGGREGATE LIABILITY FOR DAMAGES IN CONNECTION WITH THIS XXXX AND USE REGARDLESS OF THE PRODUCT SHALL NOT EXCEED US$100FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY ASPECT OF OUR SITE OR THE SERVICES AVAILABLE VIA OUR WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS.

Limitation of Liability and Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREUNDER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT AND ANY RELATED DOCUMENTATION, SOFTWARE OR COMPONENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. RADIX ASSUMES NO RESPONSIBILITY OR LIABILITY FOR: (I) ANY UNAUTHORIZED ACCESS TO OR USE OF THE ACCOUNT; (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCT; (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCT; AND (IV) ANY LOSS OF DATA9.1. IN NO EVENT SHALL KAHOLO EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH THIS AGREEMENT FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, INDIRECTSPECIAL, CONSEQUENTIAL, SPECIALINCIDENTAL, INDIRECT OR PUNITIVE DAMAGES (OR INCIDENTAL DAMAGES, OR DAMAGES FOR ANY LOSS OF BUSINESS PROFITSREVENUE, BUSINESS INTERRUPTIONPROFITS OR DATA), LOSS HOWEVER CAUSED, WHETHER FOR BREACH OF BUSINESS INFORMATIONCONTRACT, NEGLIGENCE OR UNDER ANY OTHER PECUNIARY LOSSLEGAL THEORY, ARISING OUT OF WHETHER FORESEEABLE OR NOT AND WHETHER OR NOT THE USE OF THE PRODUCT, EVEN IF IT WAS OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BOTH PARTIES AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK AND ARE RE-FLEC-XXX IN THE FEES AGREED UPON BY THE PARTIES. FURTHER, NEITHER PARTY’S AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT (EXCEPT FOR AMOUNTS PAYABLE HERE-UN-DER OR PURSUANT TO THE INDEMNIFICATION OBLIGATION IN SECTION 6.2) SHALL EXCEED THE TOTAL AMOUNTS PAYABLE TO PARTNER UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE DATE SUCH ALLEGED CLAIM AROSE. NOTWITHSTANDING ANYTHING ANY-THING TO THE CONTRARY HEREIN, THIS SECTION ‎9 SHALL NOT AP-PLY TO ANY AMOUNTS PAYABLE BY ANY PARTY THAT BREACHES THE CONFIDENTIALITY PROVISIONS OF THIS AGREEMENT. 9.2. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER XXXX-XXXX.XXX NOR PARTNER MAKES ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE XXXXXXXX.XXX SERVICE, PARTNER SERVICE, PARTNER TOOLBAR, DATA OR ANY OTHER MAT-TER PERTAINING TO THIS AGREEMENT INCLUDING THE EXTENT NOT PROHIBITED BY APPLICABLE LAWAMOUNT OF TRAFFIC PARTNER SHALL PROVIDE OR DIRECT TOWARDS XXXX-XXXX.XXX, KAHOLO'S MAXIMUM AGGREGATE LIABILITY FOR DAMAGES IN CONNECTION WITH THIS XXXX AND USE OF THE PRODUCT SHALL NOT EXCEED US$100IF AT ALL.

Limitation of Liability and Disclaimer. Agilent Indemnitees shall have no liability, beyond that which is set forth in Sections 8.2, as limited by 8.4 above, with respect to infringement. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREUNDERFOR ITS OBLIGATIONS UNDER SECTIONS 8.2, NEITHER PARTY SHALL BE SUBJECT TO AND DISCLAIMS: (A) ANY OTHER OBLIGATIONS OR LIABILITIES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY, WHETHER FOR BREACH OF CONTRACT OR WARRANTY OR OTHERWISE; (B) ANY OBLIGATIONS WHATSOEVER ARISING OUT OF TORT CLAIMS (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ARISING UNDER ANY OTHER THEORIES OF LAW WITH RESPECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT AND ANY RELATED DOCUMENTATIONPRODUCTS, SOFTWARE OR COMPONENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. RADIX ASSUMES NO RESPONSIBILITY TECHNOLOGY SOLD OR LIABILITY FOR: (I) ANY UNAUTHORIZED ACCESS TO OR USE OF THE ACCOUNT; (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCT; (III) ANY BUGS, VIRUSES, TROJAN HORSESLICENSED, OR THE LIKE WHICH MAY BE TRANSMITTED TO SERVICES RENDERED, BY AGILENT OR THROUGH THE PRODUCTLICENSEE, ITS EMPLOYEES OR AGENTS, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO; AND (IVC) ANY LOSS OF DATA. IN NO EVENT SHALL KAHOLO BE LIABLE FOR ANY INDIRECT OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OF THE PRODUCTWHATSOEVER, EVEN IF IT WAS SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO WITHOUT LIMITING THE CONTRARY IN THIS XXXXGENERALITY OF THE FOREGOING, AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAWEXCEPT FOR ITS OBLIGATIONS UNDER SECTIONS 8.2, KAHOLO'S MAXIMUM AGGREGATE AGILENT SPECIFICALLY DISCLAIM ANY LIABILITY FOR PENALTIES (INCLUDING WITHOUT LIMITATION ADMINISTRATIVE PENALTIES); SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; DAMAGES IN CONNECTION WITH THIS XXXX AND FOR LOST PROFITS OR REVENUES; DAMAGES FOR LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OR LOSS OF DATA OR BUSINESS INFORMATION; LOSS OF USE OF HARDWARE, SOFTWARE, EQUIPMENT OR FACILITIES; DOWNTIME; SHUTDOWN OR SLOWDOWN COSTS; COST OF CAPITAL; COST OF SUBSTITUTE HARDWARE, SOFTWARE, EQUIPMENT, FACILITIES, SERVICES OR ARRAYS; OR FOR ANY OTHER TYPES OF ECONOMIC LOSS, OR FOR CLAIMS BY ANY OF LICENSEE'S CUSTOMERS OR ANY OTHER ENTITY FOR ANY OF THE PRODUCT FOREGOING THE PARTIES EXPRESSLY AGREE THAT THE FOREGOING EXCLUSION OF INDIRECT DAMAGES AND DISCLAIMER OF LIABILITY APPLIES IRRESPECTIVE OF WHETHER ANY OR ALL OF THE WARRANTIES SET FORTH IN SECTION 7 ARE FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL NOT EXCEED US$100AGILENT BE LIABLE FOR LICENSEE'S MISUSE OR IMPROPER USE OF TAP AND ARRAY PLATFORM PRODUCTS.

Limitation of Liability and Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREUNDERNPD represents and warrants that (a) NPD Data will be collected in accordance with generally accepted standards in the research industry, AND and (b) where NPD Data or Purchased Services are delivered to Client online, NPD shall use reasonable efforts to ensure that the transmission of such information is performed using security protections which include encryption technology in accordance with generally accepted standards in the research industry. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT AND ANY RELATED DOCUMENTATION(A) EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 10, SOFTWARE NPD MAKES NO REPRESENTATIONS OR COMPONENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY WARRANTIES OF ANY KIND. RADIX ASSUMES NO RESPONSIBILITY , WHETHER EXPRESS OR LIABILITY FOR: IMPLIED, CONCERNING THE PURCHASED SERVICES OR ANY OTHER SUBJECT MATTER OF THIS SERVICE AGREEMENT, AND NPD DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND (B) EXCEPT FOR BREACHES BY CLIENT OF SECTIONS 3, 4 OR 9 OR AN INDEMNIFICATION CLAIM BY NPD PURSUANT TO SECTION 11, (I) ANY UNAUTHORIZED ACCESS TO OR USE OF THE ACCOUNT; (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCT; (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCT; AND (IV) ANY LOSS OF DATA. IN NO EVENT SHALL KAHOLO EITHER PARTY OR ANY OF THEIR RESPECTIVE AFFILIATES, PARTNERS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER IN CONNECTION WITH THIS SERVICE AGREEMENT INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE LOST BUSINESS OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, WHETHER FORESEEABLE OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OF THE PRODUCTNOT, EVEN IF IT WAS THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXX, AND (II) IN NO EVENT SHALL EITHER PARTY’S LIABILITY ARISING UNDER THIS SERVICE AGREEMENT EXCEED IN THE AGGREGATE THE AMOUNTS PAID BY CLIENT TO NPD HEREUNDER DURING THE EXTENT SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE. WITHOUT LIMITING THE FOREGOING, NPD DOES NOT PROHIBITED BY APPLICABLE LAWGUARANTEE THAT THE NPD CLIENTCENTERSM, KAHOLO'S MAXIMUM AGGREGATE LIABILITY FOR DAMAGES IN CONNECTION WITH THIS XXXX AND USE OF THE PRODUCT NPD WORLDSSM OR OTHER ONLINE ACCESS TO NPD DATA OR PURCHASED SERVICES SHALL NOT EXCEED US$100BE UNINTERRUPTED OR ERROR-FREE. No action arising out of this Service Agreement (other than an action for any fees or expenses due from Client) may be brought more than one year after the date on which the cause of action arose.

Limitation of Liability and Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREUNDER, AND TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAWLAW AND EXCEPT WITH RESPECT TO SECTION 8 , THE PRODUCT AND ANY RELATED DOCUMENTATION, SOFTWARE OR COMPONENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. RADIX ASSUMES NO RESPONSIBILITY OR LIABILITY FOR: (I) ANY UNAUTHORIZED ACCESS TO OR USE OF THE ACCOUNT; (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCT; (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCT; AND (IV) ANY LOSS OF DATA. IN NO EVENT SHALL KAHOLO WILL EITHER PARTY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE TO THE OTHER PARTY OR ANY OTHER PERSON UNDER ANY THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABILITY), BREACH OF STATUTORY DUTY OR OTHERWISE, FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, THE FOLLOWING TYPES OF LOSS OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, UNDER OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OF THE PRODUCT, EVEN IF IT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXX, AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, KAHOLO'S MAXIMUM AGGREGATE LIABILITY FOR DAMAGES IN CONNECTION WITH THIS XXXX AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF, OR COULD HAVE FORESEEN, SUCH LOSS OR DAMAGES IN ADVANCE: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES; AND (B) WHETHER DIRECT OR INDIRECT, LOSS OF REVENUE, INCOME, PROFIT, SAVINGS OR SHARE VALUE, LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF SYSTEMS, PROGRAMS, NETWORKS OR HARDWARE (OR THE PRODUCT SHALL RECOVERY OF SUCH) OR LOSS OF GOODWILL. EXCEPT WITH RESPECT TO SECTION 8, CNI’S LIABILITY, AND THAT OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, FOR ANY CAUSES OF ACTION, LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, WILL NOT EXCEED US$100EXCEED, IN THE AGGREGATE, THE TOTAL FEES ACTUALLY PAID BY CNI TO ND UNDER THIS AGREEMENT DURING THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT WHICH GAVE RISE TO SUCH LIABILITY. EXCEPT WITH RESPECT TO SECTION 8, ND’S LIABILITY, AND THAT OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, FOR ANY CAUSES OF ACTION, LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, WILL NOT EXCEED, IN THE AGGREGATE, TWO-TIMES (2X) THE TOTAL FEES ACTUALLY PAID BY CNI TO ND DURING THE TERM OF THIS AGREEMENT.

Limitation of Liability and Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREUNDER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT AND ANY RELATED DOCUMENTATION, SOFTWARE OR COMPONENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. RADIX ASSUMES 10.1 UNDER NO RESPONSIBILITY OR LIABILITY FOR: (I) ANY UNAUTHORIZED ACCESS TO OR USE OF THE ACCOUNT; (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCT; (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCT; AND (IV) ANY LOSS OF DATA. IN NO EVENT SHALL KAHOLO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATIONCONSEQUENTIAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, DAMAGES OR DAMAGES FOR LOSS OF BUSINESS LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, WHETHER FORESEEABLE OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OF THE PRODUCTUNFORESEEABLE, EVEN IF IT WAS ANY REPRESENTATIVE OF A PARTY HERETO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OR DATA, GOODWILL, USE OF MONEY OR USE OF THE LICENSED TECHNOLOGY, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OR OTHER ASSETS), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT, OR OTHERWISE. NOTWITHSTANDING ANYTHING IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH EITHER PARTY MAY EXCEPT FOR A BREACH OF SECTION 5.3 OF THIS AGREEMENT, INCUR IN ANY ACTIONS OR PROCEEDINGS EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO LICENSOR BY VAR HEREUNDER. UNDER NO CIRCUMSTANCE SHALL LICENSOR BE LIABLE FOR ANY ACTIONS, CLAIMS OR THE LIKE BY VAR OR ANY THIRD PARTY THAT THE USE OF THE LICENSED TECHNOLOGY HAS RESULTED, RESULTS OR MAY RESULT IN ANY INFRINGEMENT, DEPRIVATION OR VIOLATION OF THE INTELLECTUAL PROPERTY, CONSTITUTIONAL, STATUTORY, CONTRACTUAL, COMMON LAW OR OTHER RIGHTS OF ANY PERSON. EXCEPT FOR ACTIONS RELATING TO BREACH OF SECTION 5.3, NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THIS AGREEMENT MAY BE BROUGHT BY VAR OR LICENSOR MORE THAN TWO (2) YEARS AFTER THE EVENT WHICH GAVE RISE TO THE CONTRARY CAUSE OF ACTION OCCURRED. THIS SECTION WILL NOT APPLY IN THIS XXXX, THE EVENT AND TO THE EXTENT THAT APPLICABLE LAW SPECIFICALLY PROHIBITS THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION 10. 10.2 EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 8.4, THE LICENSED TECHNOLOGY AND DOCUMENTATION ARE PROVIDED "AS-IS" AND "AS-AVAILABLE." EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LICENSOR MAKES NO, AND HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY TO VAR OR ANY OTHER PERSON OR ENTITY CONCERNING THE LICENSED TECHNOLOGY OR DOCUMENTATION, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT PROHIBITED BY APPLICABLE LAWLIMITED TO, KAHOLOTHE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, USE, ACCURACY, TITLE OR NONINFRINGEMENT. IN ADDITION, EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LICENSOR MAKES NO, AND HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE LICENSED TECHNOLOGY OR DOCUMENTATION WILL MEET VAR'S MAXIMUM AGGREGATE LIABILITY FOR DAMAGES IN CONNECTION WITH THIS XXXX AND REQUIREMENTS, OR THAT VAR'S USE OF THE PRODUCT SHALL NOT EXCEED US$100LICENSED TECHNOLOGY OR DOCUMENTATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR, EXCEPT AS SPECIFICALLY PROVIDED HEREIN, DOES LICENSOR MAKE ANY WARRANTY, AND LICENSOR SPECIFICALLY DISCLAIMS ALL WARRANTY, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LICENSED TECHNOLOGY OR DOCUMENTATION OR THAT DEFECTS OR ERRORS IN THE LICENSED TECHNOLOGY OR DOCUMENTATION WILL BE CORRECTED. 10.3 The provisions of this Section 10 allocate the risks under this Agreement between Licensor and VAR and the parties have relied upon the limitations set forth herein in determining whether to enter into this Agreement.

Limitation of Liability and Disclaimer. 5)1. You agree not to make any claim, warranty, promise or other representation about the Siteocity Services or any of the services we provide (Affiliate Warranty). You agree that you shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees asserted against us, our agents, our clients, officers and employees, that may arise or result from any violation of this Agreement, service provided, performed or agreed to be performed, or any product sold by you, your agents or employees. 5)2. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. NOTWITHSTANDING ANY ORAL OR WRITTEN COMMUNICATIONS BETWEEN US AND YOU ABOUT OR IN CONNECTION WITH THE SITEOCITY SERVICES OR SERVICES IN GENERAL, EXCEPT AS OTHERWISE EXPRESSLY STATED HEREUNDERIN THIS AGREEMENT, AND TO THE MAXIMUM FULL EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, SUB- CONTRACTORS OR LICENSORS MAKE ANY WARRANTIES OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, NON- INTERRUPTION, NON-INTERFERENCE, NON-INFRINGEMENT, OR THAT THE PRODUCT SITEOCITY SERVICES ARE COMPLETELY SECURE OR ERROR-FREE. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICES AND ANY RELATED DOCUMENTATION, SOFTWARE EQUIPMENT PROVIDED UNDER OR COMPONENT THEREIN ASSOCIATED WITH THIS AGREEMENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “AS AVAILABLEWITH ALL FAULTS” BASIS WITHOUT WARRANTY OF ANY KIND. RADIX ASSUMES NO RESPONSIBILITY OR LIABILITY FOR: (I) ANY UNAUTHORIZED ACCESS TO OR USE OF THE ACCOUNT; (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCT; (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCT; AND (IV) ANY LOSS OF DATA. IN NO EVENT SHALL KAHOLO BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OF THE PRODUCT, EVEN IF IT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESBASIS. 5)3. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXXAGREEMENT, AND IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM BASED ON OUR PROVIDING THE EXTENT NOT PROHIBITED BY APPLICABLE LAWSITEOCITY SERVICES TO AN END USER, KAHOLO'S MAXIMUM AGGREGATE LIABILITY OR FOR DAMAGES YOUR ACTIVITIES SET OUT IN CONNECTION WITH THIS XXXX AND USE AGREEMENT FOR (I) LOST PROFITS; (II) LOSS OF THE PRODUCT SHALL NOT EXCEED US$100.BUSINESS; (III) LOSS OF REVENUES; (IV) LOSS OF DATA OR INTERRUPTION OR CORRUPTION OF DATA; (V) ANY CONSEQUENTIAL OR INDIRECT DAMAGES; OR

Limitation of Liability and Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREUNDER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT AND ANY RELATED DOCUMENTATION, SOFTWARE OR COMPONENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. RADIX ASSUMES NO RESPONSIBILITY OR LIABILITY FOR: (Ii) ANY UNAUTHORIZED ACCESS TO OR USE OF THE ACCOUNT; (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCT; (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCT; AND (IV) ANY LOSS OF DATA. IN NO EVENT SHALL KAHOLO EITHER PARTY BE LIABLE RESPONSIBLE UNDER ANY PROVISION OF THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE PRODUCT, FOR ANY DAMAGES WHATSOEVER INCLUDINGCONSEQUENTIAL, WITHOUT LIMITATIONINCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, SPECIAL OR PUNITIVE OR INCIDENTAL DAMAGES, ANTICIPATED OR DAMAGES FOR LOSS OF BUSINESS LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATIONTIME, OR OTHER PECUNIARY LOSS, ARISING OUT SIMILAR LOSSES OF ANY KIND INCURRED BY THE USE OF THE PRODUCT, EVEN IF IT WAS ADVISED OF THE POSSIBILITY OF OTHER PARTY IN CONNECTION WITH SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN PARTY’S PERFORMANCE OR NON-PERFORMANCE UNDER THIS XXXX, AGREEMENT. (ii) EACH PARTY’S ENTIRE AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, KAHOLO'S MAXIMUM AGGREGATE LIABILITY FOR DAMAGES IN CONNECTION WITH ALL CLAIMS MADE BY ONE PARTY AGAINST THE OTHER PARTY ARISING FROM THIS XXXX AND USE AGREEMENT SHALL NOT EXCEED THE GREATER OF [*] OR [*] OF THE TOTAL AMOUNT OF SALES OF THE PRODUCT DURING THE EXCLUSIVITY PERIOD, AND THEN [*] FROM THE END OF THE EXCLUSIVITY PERIOD TO THE POINT THE INDEMNIFIED PARTY HAS NOTIFIED THE INDEMNIFYING PARTY FOR INDEMNIFICATION PURSUANT TO SECTION 3.P.(IV) ABOVE. NOTHING IN THIS SECTION 3.Q SHALL BE DEEMED OR CONSTRUED TO LIMIT (A) RECOVERY OF AMOUNTS OWED TO A THIRD PARTY THAT MAY BE RECOVERABLE FROM THE OTHER PARTY PURSUANT TO ANY INDEMNITY UNDER SECTION K, (B) LIABILITY ARISING FROM A PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, INTENTIONAL BREACH, FRAUD, OR ILLEGAL OR UNLAWFUL ACTS, (C) AMOUNTS DUE TO ELIIY FOR UNPAID INVOICES, OR (D) ELIIY’S WARRANTY OBLIGATIONS. THE LIMITS OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL NOT EXCEED US$100BE REDUCED BY THE AMOUNT OF INSURANCE PROCEEDS AVAILABLE TO THE INDEMNIFIED PARTY.