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 DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, AND MAKES NO REPRESENTATION NOR DOES IT EXTEND ANY WARRANTY OF ANY KIND, WITH RESPECT TO THE PRODUCT OR THE RESULTS, OUTPUTS, SCENARIOS, CALCULATIONS, CONCLUSIONS, ETC., OBTAINED THROUGH THE PRODUCT (“OUTPUTS”), INCLUDING WITHOUT LIMITATION WARRANTIES OF ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, TIMELINESS, COMPLETENESS, OR INFORMATIONAL CONTENT. KAHOLO WILL HAVE NO DUTY OR OBLIGATION TO VERIFY, CORRECT, COMPLETE OR UPDATE ANY OUTPUTS OR INFORMATION DISPLAYED IN OR AVAILABLE THROUGH THE PRODUCT. CUSTOMER’S AND END USER'S USE OF OR RELIANCE ON ANY OUTPUTS SHALL BE DONE SOLEY AT THE CUSTOMER’S AND END USER'S OWN RISK. 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 EXPRESSLY STATED HEREUNDER, AND TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAWLAW AND EXCEPT WITH RESPECT TO SECTION 8 , IN NO EVENT 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 THE FOLLOWING TYPES OF LOSS OR DAMAGES UNDER OR IN CONNECTION WITH THIS 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 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, IN THE AGGREGATE, THE PRODUCT 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 RELATED DOCUMENTATIONCAUSES OF ACTION, SOFTWARE LOSSES OR COMPONENT THEREIN 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. EXCEPT FOR THE EXPRESS WARRANTIES AND REPRESENTATIONS PROVIDED IN THIS AGREEMENT, THE LICENSED MATERIALS AND THE SERVICES ARE PROVIDED ON AN “AS AS-IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ND HEREBY DISCLAIMS ANY KIND. RADIX DISCLAIMS AND ALL WARRANTIESOTHER GUARANTEES, EITHER EXPRESS REPRESENTATIONS, CONDITIONS AND WARRANTIES REGARDING THE LICENSED MATERIALS AND THE SERVICES, WHETHER IMPLIED OR IMPLIEDSTATUTORY, AND MAKES NO REPRESENTATION NOR DOES IT EXTEND ORAL OR OTHERWISE, ARISING UNDER ANY WARRANTY OF ANY KIND, WITH RESPECT TO THE PRODUCT LAW OR THE RESULTS, OUTPUTS, SCENARIOS, CALCULATIONS, CONCLUSIONS, ETC., OBTAINED THROUGH THE PRODUCT (“OUTPUTS”)OTHERWISE, INCLUDING WITHOUT LIMITATION CONDITIONS AND WARRANTIES OF ACCURACY WITH RESPECT TO MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, TIMELINESS, COMPLETENESS, OR INFORMATIONAL CONTENT. KAHOLO THIS SECTION WILL HAVE NO DUTY OR OBLIGATION APPLY TO VERIFY, CORRECT, COMPLETE OR UPDATE ANY OUTPUTS OR INFORMATION DISPLAYED IN OR AVAILABLE THROUGH THE PRODUCT. CUSTOMER’S AND END USER'S USE OF OR RELIANCE ON ANY OUTPUTS SHALL BE DONE SOLEY AT THE CUSTOMER’S AND END USER'S OWN RISK. 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 DAMAGESFULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXXAGREEMENT, ND HEREBY DISCLAIMS ANY AND ALL LIABILITY THAT MAY ARISE IN CONNECTION WITH ANY CLAIM OF INTELLECTUAL PROPERTY INFRINGEMENT OR MISAPPROPRIATION SOLELY TO THE EXTENT NOT PROHIBITED THAT THE INFRINGING MATERIAL IN QUESTION IS BASED ON WRITTEN INSTRUCTIONS PROVIDED BY APPLICABLE LAW, KAHOLO'S MAXIMUM AGGREGATE LIABILITY FOR DAMAGES IN CONNECTION WITH THIS XXXX CNI AND USE THE WRITTEN INSTRUCTIONS ARE THE CAUSE OF THE PRODUCT SHALL NOT EXCEED US$100SUCH CLAIM OF INFRINGEMENT OR MISAPPROPRIATION.

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 DISCLAIMS ALL WARRANTIES, EITHER WHETHER EXPRESS OR IMPLIED, CONCERNING THE PURCHASED SERVICES OR ANY OTHER SUBJECT MATTER OF THIS SERVICE AGREEMENT, AND MAKES NO REPRESENTATION NOR DOES IT EXTEND ANY WARRANTY NPD DISCLAIMS ALL WARRANTIES OF ANY KIND, WITH RESPECT INCLUDING BUT NOT LIMITED TO THE PRODUCT OR THE RESULTSANY WARRANTY OF MERCHANTABILITY, OUTPUTS, SCENARIOS, CALCULATIONS, CONCLUSIONS, ETC., OBTAINED THROUGH THE PRODUCT (“OUTPUTS”), INCLUDING WITHOUT LIMITATION WARRANTIES OF ACCURACY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT, MERCHANTABILITYAND (B) EXCEPT FOR BREACHES BY CLIENT OF SECTIONS 3, TITLE4 OR 9 OR AN INDEMNIFICATION CLAIM BY NPD PURSUANT TO SECTION 11, QUALITY, TIMELINESS, COMPLETENESS, OR INFORMATIONAL CONTENT. KAHOLO WILL HAVE NO DUTY OR OBLIGATION TO VERIFY, CORRECT, COMPLETE OR UPDATE ANY OUTPUTS OR INFORMATION DISPLAYED IN OR AVAILABLE THROUGH THE PRODUCT. CUSTOMER’S AND END USER'S USE OF OR RELIANCE ON ANY OUTPUTS SHALL BE DONE SOLEY AT THE CUSTOMER’S AND END USER'S OWN RISK. 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 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 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 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 DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, AND MAKES NO REPRESENTATION NOR DOES IT EXTEND ANY WARRANTY OF ANY KIND, WITH RESPECT TO THE PRODUCT OR THE RESULTS, OUTPUTS, SCENARIOS, CALCULATIONS, CONCLUSIONS, ETC., OBTAINED THROUGH THE PRODUCT (“OUTPUTS”)WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF ACCURACY MERCHANTABILITY, NON- INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A ANY PARTICULAR PURPOSE. FURTHER, MERCHANTABILITY, TITLE, QUALITY, TIMELINESS, COMPLETENESS, OR INFORMATIONAL CONTENT. KAHOLO WE WILL HAVE NO DUTY OR OBLIGATION TO VERIFY, CORRECT, COMPLETE OR UPDATE ANY OUTPUTS OR INFORMATION DISPLAYED IN OR AVAILABLE THROUGH THE PRODUCT. CUSTOMER’S AND END USER'S USE OF OR RELIANCE ON ANY OUTPUTS SHALL BE DONE SOLEY AT THE CUSTOMER’S AND END USER'S OWN RISK. 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 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 DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, AND MAKES NO REPRESENTATION NOR DOES IT EXTEND ANY WARRANTY OF ANY KIND, WITH RESPECT TO THE PRODUCT OR THE RESULTS, OUTPUTS, SCENARIOS, CALCULATIONS, CONCLUSIONS, ETC., OBTAINED THROUGH THE PRODUCT (“OUTPUTS”), INCLUDING WITHOUT LIMITATION WARRANTIES OF ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, TIMELINESS, COMPLETENESS, OR INFORMATIONAL CONTENT. KAHOLO RADIX WILL HAVE NO DUTY OR OBLIGATION TO VERIFY, CORRECT, COMPLETE OR UPDATE ANY OUTPUTS OR INFORMATION DISPLAYED IN OR AVAILABLE THROUGH THE PRODUCT. CUSTOMER’S AND END USER'S USE OF OR RELIANCE ON ANY OUTPUTS SHALL BE DONE SOLEY AT THE CUSTOMER’S AND END USER'S OWN RISK. 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 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 DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, AND MAKES NO REPRESENTATION NOR DOES IT EXTEND ANY WARRANTY OF ANY KIND, WITH RESPECT TO THE PRODUCT SERVICES OR THE RESULTS, OUTPUTS, SCENARIOS, CALCULATIONS, CONCLUSIONS, ETC., OBTAINED RESULTS AND ANALYSIS CALCULATED THROUGH THE PRODUCT SERVICES (“OUTPUTS”), INCLUDING WITHOUT LIMITATION WARRANTIES OF ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, TIMELINESS, COMPLETENESS, OR INFORMATIONAL CONTENT. KAHOLO NEUROLIEF WILL HAVE NO DUTY OR OBLIGATION TO VERIFY, CORRECT, COMPLETE OR UPDATE ANY OUTPUTS OR INFORMATION DISPLAYED IN OR AVAILABLE THROUGH THE PRODUCTSERVICES. CUSTOMER’S AND END USER'S USE OF OR RELIANCE ON ANY OUTPUTS SHALL BE DONE SOLEY AT THE CUSTOMER’S AND END USER'S OWN RISK. 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 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 DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, AND MAKES NO REPRESENTATION NOR DOES IT EXTEND ANY WARRANTY OF ANY KIND, WITH RESPECT TO THE PRODUCT OR THE RESULTS, OUTPUTS, SCENARIOS, CALCULATIONS, CONCLUSIONS, ETC., OBTAINED THROUGH THE PRODUCT (“OUTPUTS”), INCLUDING WITHOUT LIMITATION WARRANTIES OF ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, TIMELINESS, COMPLETENESS, OR INFORMATIONAL CONTENT. KAHOLO WILL HAVE NO DUTY OR OBLIGATION TO VERIFY, CORRECT, COMPLETE OR UPDATE ANY OUTPUTS OR INFORMATION DISPLAYED IN OR AVAILABLE THROUGH THE PRODUCT. CUSTOMER’S AND END USER'S USE OF OR RELIANCE ON ANY OUTPUTS SHALL BE DONE SOLEY AT THE CUSTOMER’S AND END USER'S OWN RISK. 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 IN HEREIN, 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 SECTION ‎9 SHALL NOT EXCEED US$100AP-PLY TO ANY AMOUNTS PAYABLE BY ANY PARTY THAT BREACHES THE CONFIDENTIALITY PROVISIONS 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 DISCLAIMS ALL WARRANTIES, 10.1 UNDER NO CIRCUMSTANCES WILL EITHER EXPRESS OR IMPLIED, AND MAKES NO REPRESENTATION NOR DOES IT EXTEND ANY WARRANTY OF ANY KIND, WITH RESPECT TO THE PRODUCT OR THE RESULTS, OUTPUTS, SCENARIOS, CALCULATIONS, CONCLUSIONS, ETC., OBTAINED THROUGH THE PRODUCT (“OUTPUTS”), INCLUDING WITHOUT LIMITATION WARRANTIES OF ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, TIMELINESS, COMPLETENESS, OR INFORMATIONAL CONTENT. KAHOLO WILL HAVE NO DUTY OR OBLIGATION TO VERIFY, CORRECT, COMPLETE OR UPDATE ANY OUTPUTS OR INFORMATION DISPLAYED IN OR AVAILABLE THROUGH THE PRODUCT. CUSTOMER’S AND END USER'S USE OF OR RELIANCE ON ANY OUTPUTS SHALL BE DONE SOLEY AT THE CUSTOMER’S AND END USER'S OWN RISK. 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 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 NOT PROHIBITED BY THAT APPLICABLE LAW, KAHOLO'S MAXIMUM AGGREGATE LAW SPECIFICALLY PROHIBITS THE LIMITATION OF LIABILITY FOR DAMAGES SET FORTH IN CONNECTION WITH THIS XXXX AND USE OF THE PRODUCT SHALL NOT EXCEED US$100SECTION 10.