Common use of LIMITATION OF LIABILITY AND LIQUIDATED DAMAGES PROVISION Clause in Contracts

LIMITATION OF LIABILITY AND LIQUIDATED DAMAGES PROVISION. CUSTOMER ACCEPTS THE IB SYSTEM "AS IS", AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, PURPOSE OR APPLICATION; TIMELINESS; FREEDOM FROM INTERRUPTION; OR ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. UNDER NO CIRCUMSTANCES SHALL IB BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING LOSS OF BUSINESS, PROFITS OR GOODWILL. IB SHALL NOT BE LIABLE TO CUSTOMER BY REASON OF DELAYS OR INTERRUPTIONS OF SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF THE IB SYSTEM, REGARDLESS OF CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE CAUSED BY HARDWARE OR SOFTWARE MALFUNCTION; GOVERNMENTAL, EXCHANGE OR OTHER REGULATORY ACTION; ACTS OF GOD; WAR, TERRORISM, OR IB'S INTENTIONAL ACTS. CUSTOMER RECOGNIZES THAT THERE MAY BE DELAYS OR INTERRUPTIONS IN THE USE OF THE IB SYSTEM, INCLUDING, FOR EXAMPLE, THOSE CAUSED INTENTIONALLY BY IB FOR PURPOSES OF SERVICING THE IB SYSTEM. IN NO EVENT SHALL IB'S LIABILITY, REGARDLESS OF THE FORM OF ACTION AND DAMAGES SUFFERED BY CUSTOMER, EXCEED THE HIGHEST TOTAL MONTHLY COMMISSIONS PAID BY CUSTOMER TO IB OVER THE 6 MONTHS PRIOR TO ANY INCIDENT.

LIMITATION OF LIABILITY AND LIQUIDATED DAMAGES PROVISION. CUSTOMER ACCEPTS THE IB UK’S AND ITS AFFILATE’S TECHNOLOGY, SOFTWARE AND TRADING SYSTEM (“IB UK SYSTEM”) "AS IS", AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, PURPOSE OR APPLICATION; TIMELINESS; FREEDOM FROM INTERRUPTION; OR ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. UNDER NO CIRCUMSTANCES SHALL IB UK AND ITS AFFILIATES BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING LOSS OF BUSINESS, PROFITS OR GOODWILL. IB UK AND ITS AFFILIATES SHALL NOT BE LIABLE TO CUSTOMER BY REASON OF DELAYS OR INTERRUPTIONS OF SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF THE IB UK SYSTEM, REGARDLESS OF CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE CAUSED BY HARDWARE OR SOFTWARE MALFUNCTION; GOVERNMENTAL, EXCHANGE OR OTHER REGULATORY ACTION; ACTS OF GOD; WAR, TERRORISM, OR IBIB UK'S OR ITS AFFILIATES’ INTENTIONAL ACTS. CUSTOMER RECOGNIZES THAT THERE MAY BE DELAYS OR INTERRUPTIONS IN THE USE OF THE IB UK SYSTEM, INCLUDING, FOR EXAMPLE, THOSE CAUSED INTENTIONALLY BY IB UK AND/OR ITS AFFILIATES FOR PURPOSES OF SERVICING THE IB UK SYSTEM. IN NO EVENT SHALL IBIB UK'S AND ITS AFFILIATES’ AGGREGATE LIABILITY, REGARDLESS OF THE FORM OF ACTION AND DAMAGES SUFFERED BY CUSTOMER, EXCEED THE HIGHEST TOTAL MONTHLY COMMISSIONS PAID BY CUSTOMER TO IB UK OVER THE 6 MONTHS PRIOR TO ANY INCIDENT.

LIMITATION OF LIABILITY AND LIQUIDATED DAMAGES PROVISION. CUSTOMER ACCEPTS THE IB SYSTEM "UK’S AND ITS AFFILATE’S TECHNOLOGY, SOFTWARE AND TRADING SYS- TEM (“IB UK SYSTEM”) “AS IS"”, AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES WARRAN- TIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, PURPOSE OR APPLICATION; TIMELINESS; FREEDOM FROM INTERRUPTION; OR ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. UNDER NO CIRCUMSTANCES SHALL IB UK AND ITS AFFILIATES BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING LOSS OF BUSINESS, PROFITS OR GOODWILL. IB UK AND ITS AFFILIATES SHALL NOT BE LIABLE TO CUSTOMER BY REASON OF DELAYS OR INTERRUPTIONS INTER- RUPTIONS OF SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF THE IB SYSTEMUK SYS- TEM, REGARDLESS OF CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE CAUSED BY HARDWARE OR SOFTWARE MALFUNCTION; GOVERNMENTAL, EXCHANGE OR OTHER REGULATORY ACTION; ACTS OF GOD; WAR, TERRORISM, OR IB'S IB UK’S OR ITS AFFILIATES’ INTENTIONAL ACTS. CUSTOMER RECOGNIZES THAT THERE MAY BE DELAYS OR INTERRUPTIONS IN THE USE OF THE IB SYSTEMUK SYS- TEM, INCLUDING, FOR EXAMPLE, THOSE CAUSED INTENTIONALLY BY IB UK AND/OR ITS AFFILIATES FOR PURPOSES OF SERVICING THE IB SYSTEMUK SYS- TEM. IN NO EVENT SHALL IB'S IB UK’S AND ITS AFFIL- IATES’ AGGREGATE LIABILITY, REGARDLESS OF THE FORM OF ACTION AND DAMAGES SUFFERED BY CUSTOMER, EXCEED THE HIGHEST TOTAL MONTHLY COMMISSIONS PAID BY CUSTOMER TO IB UK OVER THE 6 MONTHS PRIOR TO ANY INCIDENTINCI- DENT.

LIMITATION OF LIABILITY AND LIQUIDATED DAMAGES PROVISION. CUSTOMER ACCEPTS THE IB SYSTEM "AS IS", AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, PURPOSE OR APPLICATION; TIMELINESS; FREEDOM FROM INTERRUPTION; OR ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. UNDER NO CIRCUMSTANCES SHALL IB BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING LOSS OF BUSINESS, PROFITS OR GOODWILL. IB SHALL NOT BE LIABLE TO CUSTOMER BY REASON OF DELAYS OR INTERRUPTIONS OF SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF THE IB SYSTEM, REGARDLESS OF CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE CAUSED BY HARDWARE OR SOFTWARE MALFUNCTION; GOVERNMENTAL, EXCHANGE OR OTHER REGULATORY ACTION; ACTS OF GOD; WAR, TERRORISM, OR IB'S INTENTIONAL ACTS. CUSTOMER RECOGNIZES THAT THERE MAY BE DELAYS OR INTERRUPTIONS IN THE USE OF THE IB SYSTEM, INCLUDING, FOR EXAMPLE, THOSE CAUSED INTENTIONALLY BY IB FOR PURPOSES OF SERVICING THE IB SYSTEM. IN NO EVENT SHALL IB'S LIABILITY, REGARDLESS OF THE FORM OF ACTION AND DAMAGES SUFFERED BY CUSTOMER, EXCEED THE HIGHEST TOTAL MONTHLY AGGREGATE COMMISSIONS PAID BY CUSTOMER TO IB OVER THE 6 MONTHS PRIOR TO ANY INCIDENTTHE EVENT GIVING RISE TO CUSTOMER'S CLAIM.

LIMITATION OF LIABILITY AND LIQUIDATED DAMAGES PROVISION. CUSTOMER THE CLIENT ACCEPTS THE IB SYSTEM "CN FIRST TRADING PLATFORM “AS IS"”, AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, PURPOSE OR APPLICATION; TIMELINESS; ACCURACY; FREEDOM FROM INTERRUPTION; OR ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. UNDER NO CIRCUMSTANCES SHALL IB CN FIRST BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING LOSS OF BUSINESS, PROFITS OR GOODWILL. IB CN FIRST SHALL NOT BE LIABLE TO CUSTOMER THE CLIENT BY REASON OF DELAYS OR INTERRUPTIONS OF SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF THE IB SYSTEMCN FIRST TRADING PLATFORM, REGARDLESS OF CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE CAUSED BY HARDWARE OR SOFTWARE MALFUNCTION; SYSTEM OVERLOADING; GOVERNMENTAL, EXCHANGE OR OTHER REGULATORY ACTION; ACTS OF GOD; WAR, TERRORISM, OR IBCN FIRST'S INTENTIONAL ACTS. CUSTOMER THE CLIENT RECOGNIZES AND ACCPETS THAT THERE MAY BE DELAYS OR INTERRUPTIONS IN THE USE OF THE IB SYSTEM, INCLUDING, FOR EXAMPLE, THOSE CAUSED INTENTIONALLY BY IB FOR PURPOSES OF SERVICING THE IB SYSTEMCN FIRST TRADING PLATFORM. IN NO EVENT SHALL IBCN FIRST'S LIABILITY, REGARDLESS OF THE FORM OF ACTION AND DAMAGES SUFFERED BY CUSTOMERTHE CLIENT, EXCEED THE HIGHEST TOTAL MONTHLY COMMISSIONS PAID BY CUSTOMER THE CLIENT TO IB CN FIRST OVER THE 6 MONTHS PRIOR TO ANY INCIDENT.. 责任限制与违约赔偿金规定：客户接受中一交易系统「现有的状况」，无明示或暗示的担保、包括但不限于对适售性或某特定用途、目的或应用的暗示担保；及时性、准确性、免于中断的担保；或任何的由交易使用、交易过程或履行过程所引起的暗示担保。在任何情况下，中一对任何惩罚性的、间接的、附带的、因应先前情况而产生的损失或损害均不承担责任，包括业务、收益或商誉的损失。 中一对由于服务的延迟、中断或传送、或中一交易平台的系统故障均不承担责任，无论是何原因，包括但不限于那些由硬件或软件所引起的故障；系统超载；政府的、交易所的或其它监管机构的行动所引起的；天灾、战争、恐怖主义或中一的有意行为。 客户确认并接受在使用中一交易系统时可能出现延迟或中断的情况。 在任何情况下，无论采取何种行动，无论客户遭受何种损失，中一的责任不应超过发生事故前六个月由客户支付给中一的其中一个月份的最高佣金总额。 24. Alternative Trading Arrangements: Computer-based systems such as those used by CN FIRST are inherently vulnerable to disruption, delay or failure. In the event of Trading Platform failure, CN FIRST may, at its discretion, provide trading/dealing service via telephone to its customer until Trading Platform recovers. 备用交易安排：以计算机形式运作的系统，例如中一使用的交易系统，或会受中断、延迟或发生故障的影响。 如果交易平台发生故障，在交易平台恢复交易前，中一可以自行决定通过电话给客户提供交易服务。

LIMITATION OF LIABILITY AND LIQUIDATED DAMAGES PROVISION. CUSTOMER ACCEPTS THE IB UK'S AND ITS AFFILATE'S TECHNOLOGY, SOFTWARE AND TRADING SYSTEM ("IB UK SYSTEM") "AS IS", AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, PURPOSE OR APPLICATION; TIMELINESS; FREEDOM FROM INTERRUPTION; OR ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. UNDER NO CIRCUMSTANCES SHALL IB UK AND ITS AFFILIATES BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING LOSS OF BUSINESS, PROFITS OR GOODWILL. IB UK AND ITS AFFILIATES SHALL NOT BE LIABLE TO CUSTOMER BY REASON OF DELAYS OR INTERRUPTIONS OF SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF THE IB UK SYSTEM, REGARDLESS OF CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE CAUSED BY HARDWARE OR SOFTWARE MALFUNCTION; GOVERNMENTAL, EXCHANGE OR OTHER REGULATORY ACTION; ACTS OF GOD; WAR, TERRORISM, OR IBIB UK'S OR ITS AFFILIATES' INTENTIONAL ACTS. CUSTOMER RECOGNIZES THAT THERE MAY BE DELAYS OR INTERRUPTIONS IN THE USE OF THE IB UK SYSTEM, INCLUDING, FOR EXAMPLE, THOSE CAUSED INTENTIONALLY BY IB UK AND/OR ITS AFFILIATES FOR PURPOSES OF SERVICING THE IB UK SYSTEM. IN NO EVENT SHALL IBIB UK'S AND ITS AFFILIATES' AGGREGATE LIABILITY, REGARDLESS OF THE FORM OF ACTION AND DAMAGES SUFFERED BY CUSTOMER, EXCEED THE HIGHEST TOTAL MONTHLY COMMISSIONS PAID BY CUSTOMER TO IB UK OVER THE 6 MONTHS PRIOR TO ANY INCIDENT.

LIMITATION OF LIABILITY AND LIQUIDATED DAMAGES PROVISION. CUSTOMER ACCEPTS ‌ 6.1.1 NEITHER IBUK NOR ITS AFFILIATES SHALL BE RESPONSIBLE OR LIABLE TO THE CLIENT FOR ANY LOSS OR DAMAGE (WHETHER ARISING DIRECTLY OR INDIRECTLY), WHETHER OF PROFITS, REVENUE OR GOODWILL OR ANY INDIRECT OR CONSEQUENTIAL LOSSES, LIABILITIES, CLAIMS, EXPENSES, AWARDS, PROCEEDINGS AND COSTS, REGARDLESS OF WHETHER THE POSSIBILITY OF SUCH LOSSES, DAMAGES, LIABILITIES, CLAIMS, EXPENSES, AWARDS, PROCEEDINGS AND COSTS WERE DISCLOSED TO OR COULD HAVE BEEN REASONABLY FORESEEN BY IBUK OR ITS AFFILIATES AND WHETHER ARISING IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR FOR REPRESENTATIONS MADE OR OTHERWISE AS A RESULT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF OUR OBLIGATIONS UNDER THIS AGREEMENT. IN PARTICULAR, NEITHER IBUK NOR ITS AFFILIATES SHALL BE RESPONSBILE OR LIABLE TO THE CLIENT FOR ANY IB SYSTEM "AS IS", AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, PURPOSE OR APPLICATION; TIMELINESS; FREEDOM FROM INTERRUPTION; OR ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. UNDER NO CIRCUMSTANCES SHALL IB BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING LOSS OF BUSINESS, PROFITS OR GOODWILL. IB SHALL NOT BE LIABLE TO CUSTOMER BY REASON OF FAILURE DELAYS OR INTERRUPTIONS OF SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF THE IB SYSTEMPERFORMANCE, REGARDLESS OF CAUSE, CAUSE (INCLUDING, BUT NOT LIMITED TO, THOSE CAUSED BY HARDWARE OR SOFTWARE MALFUNCTION; GOVERNMENTAL, EXCHANGE OR OTHER REGULATORY ACTION; ACTS OF GOD; WAR, TERRORISM, OR IB'S INTENTIONAL ACTS. CUSTOMER RECOGNIZES THAT THERE MAY BE DELAYS OR INTERRUPTIONS IN THE USE OF THE IB SYSTEM, INCLUDING, FOR EXAMPLE, THOSE CAUSED INTENTIONALLY BY IB FOR PURPOSES OF SERVICING THE IB SYSTEM. IN NO EVENT SHALL IB'S LIABILITY, REGARDLESS OF THE FORM OF ACTION AND DAMAGES SUFFERED BY CUSTOMER, EXCEED THE HIGHEST TOTAL MONTHLY COMMISSIONS PAID BY CUSTOMER TO IB OVER THE 6 MONTHS PRIOR TO ANY INCIDENT.HUMAN ERROR;

LIMITATION OF LIABILITY AND LIQUIDATED DAMAGES PROVISION. CUSTOMER 6.1.1 CLIENT ACCEPTS THE IB SYSTEM UK SYSTEM, THE INTERACTIVE BROKERS GROUP SOFTWARE AND THE RELATED HARDWARE AND TELECOMMUNICATIONS INFRASTRUCTURE AND NETWORK (COLLECTIVELY, THE "ELECTRONIC SERVICES") "AS IS", AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, PURPOSE OR APPLICATION; TIMELINESS; FREEDOM FROM INTERRUPTION; OR ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. UNDER NO CIRCUMSTANCES SHALL IB UK OR ITS AFFILIATES BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING LOSS OF BUSINESS, PROFITS OR GOODWILL. NEITHER IB UK NOR ITS AFFILIATES SHALL NOT BE LIABLE TO CUSTOMER CLIENT BY REASON OF DELAYS OR INTERRUPTIONS OF SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF THE IB SYSTEMELECTRONIC SERVICES, REGARDLESS OF CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE CAUSED BY HARDWARE OR SOFTWARE MALFUNCTION; GOVERNMENTAL, EXCHANGE OR OTHER REGULATORY ACTION; ACTS OF GOD; WAR, TERRORISM, OR IBIB UK'S OR ITS AFFILIATES' INTENTIONAL ACTS. CUSTOMER RECOGNIZES CLIENT RECOGNISES THAT THERE MAY BE DELAYS OR INTERRUPTIONS IN THE USE OF THE IB SYSTEMELECTRONIC SERVICES, INCLUDING, FOR EXAMPLE, THOSE CAUSED INTENTIONALLY BY IB FOR PURPOSES OF SERVICING THE IB SYSTEM. IN NO EVENT SHALL IBIB UK'S AND ITS AFFILIATES' TOTAL COLLECTIVE LIABILITY, REGARDLESS OF THE FORM OF ACTION AND DAMAGES SUFFERED BY CUSTOMERCLIENT, EXCEED THE HIGHEST TOTAL MONTHLY COMMISSIONS PAID BY CUSTOMER CLIENT TO IB UK OVER THE 6 MONTHS PRIOR TO ANY INCIDENT.

LIMITATION OF LIABILITY AND LIQUIDATED DAMAGES PROVISION. CUSTOMER ACCEPTS THE IB IBKR SYSTEM "AS IS", AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, PURPOSE OR APPLICATION; TIMELINESS; FREEDOM FROM INTERRUPTION; OR ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. UNDER NO CIRCUMSTANCES SHALL IB BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING LOSS OF BUSINESS, PROFITS OR GOODWILL. IB SHALL NOT BE LIABLE TO CUSTOMER BY REASON OF FOR ANY SYSTEM FAILURE (AS DEFINED IN PARAGRAPH A.21), DELAYS OR INTERRUPTIONS OF SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF THE IB IBKR SYSTEM, REGARDLESS OF CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE CAUSED BY HARDWARE OR SOFTWARE MALFUNCTION; HUMAN ERROR; GOVERNMENTAL, EXCHANGE OR OTHER REGULATORY ACTION; ACTS OF GOD; WAR, TERRORISM, OR IB'S INTENTIONAL ACTS. CUSTOMER RECOGNIZES THAT THERE MAY BE DELAYS OR INTERRUPTIONS IN THE USE OF THE IB IBKR SYSTEM, INCLUDING, FOR EXAMPLE, THOSE CAUSED INTENTIONALLY BY IB FOR PURPOSES OF SERVICING THE IB IBKR SYSTEM, OR BY IB'S FAILURE TO ACT TO PREVENT SERVICE DISRUPTION OR SYSTEM FAILURE (AS DEFINED IN PARAGRAPH A.21). IN NO EVENT SHALL IB'S LIABILITY, REGARDLESS OF THE FORM OF ACTION AND DAMAGES SUFFERED BY CUSTOMER, EXCEED THE HIGHEST TOTAL MONTHLY AGGREGATE COMMISSIONS PAID BY CUSTOMER TO IB OVER THE 6 MONTHS PRIOR TO ANY INCIDENTTHE EVENT GIVING RISE TO CUSTOMER'S CLAIM. .

LIMITATION OF LIABILITY AND LIQUIDATED DAMAGES PROVISION. CUSTOMER THE CLIENT ACCEPTS THE IB SYSTEM "CN First TRADING PLATFORM “AS IS"”, AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, PURPOSE OR APPLICATION; TIMELINESS; ACCURACY; FREEDOM FROM INTERRUPTION; OR ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. UNDER NO CIRCUMSTANCES SHALL IB CN First BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING LOSS OF BUSINESS, PROFITS OR GOODWILL. IB CN First SHALL NOT BE LIABLE TO CUSTOMER THE CLIENT BY REASON OF DELAYS OR INTERRUPTIONS OF SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF THE IB SYSTEMCN First TRADING PLATFORM, REGARDLESS OF CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE CAUSED BY HARDWARE OR SOFTWARE MALFUNCTION; SYSTEM OVERLOADING; GOVERNMENTAL, EXCHANGE OR OTHER REGULATORY ACTION; ACTS OF GOD; WAR, TERRORISM, OR IBCN FIRST'S INTENTIONAL ACTS. CUSTOMER THE CLIENT RECOGNIZES AND ACCPETS THAT THERE MAY BE DELAYS OR INTERRUPTIONS IN THE USE OF THE IB SYSTEM, INCLUDING, FOR EXAMPLE, THOSE CAUSED INTENTIONALLY BY IB FOR PURPOSES OF SERVICING THE IB SYSTEMCN First TRADING PLATFORM. IN NO EVENT SHALL IBCN FIRST'S LIABILITY, REGARDLESS OF THE FORM OF ACTION AND DAMAGES SUFFERED BY CUSTOMERTHE CLIENT, EXCEED THE HIGHEST TOTAL MONTHLY COMMISSIONS PAID BY CUSTOMER THE CLIENT TO IB CN First OVER THE 6 MONTHS PRIOR TO ANY INCIDENT.. 责任限制与违约赔偿金规定：客户接受中一交易系统「现有的状况」，无明示或暗示的担保、包括但不限于对适售性或某特定用途、目的或应用的暗示担保；及时性、准确性、免于中断的担保；或任何的由交易使用、交易过程或履行过程所引起的暗示担保。在任何情况下，中一对任何惩罚性的、间接的、附带的、因应先前情况而产生的损失或损害均不承担责任，包括业务、收益或商誉的损失。 中一对由于服务的延迟、中断或传送、或中一交易平台的系统故障均不承担责任，无论是何原因，包括但不限于那些由硬件或软件所引起的故障；系统超载；政府的、交易所的或其它监管机构的行动所引起的；天灾、战争、恐怖主义或中一的有意行为。 客户确认并接受在使用中一交易系统时可能出现延迟或中断的情况。 在任何情况下，无论采取何种行动，无论客户遭受何种损失，中一的责任不应超过发生事故前六个月由客户支付给中一的其中一个月份的最高佣金总额。 24. Alternative Trading Arrangements: Computer-based systems such as those used by CN First are inherently vulnerable to disruption, delay or failure. In the event of Trading Platform failure, CN First may, at its discretion, provide trading/dealing service via telephone to its customer until Trading Platform recovers. 备用交易安排：以计算机形式运作的系统，例如中一使用的交易系统，或会受中断、延迟或发生故障的影响。 如果交易平台发生故障，在交易平台恢复交易前，中一可以自行决定通过电话给客户提供交易服务。

LIMITATION OF LIABILITY AND LIQUIDATED DAMAGES PROVISION. CUSTOMER THE CLIENT ACCEPTS THE IB SYSTEM "AS IS", AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, PURPOSE OR APPLICATION; TIMELINESS; FREEDOM FROM INTERRUPTION; OR ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. UNDER NO CIRCUMSTANCES SHALL IB IBIE BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING LOSS OF BUSINESS, PROFITS OR GOODWILL. IB IBIE SHALL NOT BE LIABLE TO CUSTOMER THE CLIENT BY REASON OF ANY DELAYS OR INTERRUPTIONS OF SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF THE IB SYSTEM, REGARDLESS OF CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE CAUSED BY HARDWARE OR SOFTWARE MALFUNCTION; GOVERNMENTAL, EXCHANGE OR OTHER REGULATORY ACTION; ACTS OF GOD; WAR, TERRORISM, OR IB'S INTENTIONAL ACTS. CUSTOMER RECOGNIZES THE CLIENT RECOGNISES THAT THERE MAY BE DELAYS OR INTERRUPTIONS IN THE USE OF THE IB SYSTEM, INCLUDING, FOR EXAMPLE, THOSE CAUSED INTENTIONALLY BY IB FOR PURPOSES OF SERVICING THE IB SYSTEM. IN NO EVENT SHALL IBIBIE'S LIABILITY, REGARDLESS OF THE FORM OF ACTION AND DAMAGES SUFFERED BY CUSTOMERTHE CLIENT, EXCEED THE HIGHEST TOTAL MONTHLY AGGREGATE COMMISSIONS PAID BY CUSTOMER THE CLIENT TO IB IBIE OVER THE 6 MONTHS PRIOR TO ANY INCIDENTTHE EVENT GIVING RISE TO THE CLIENT'S CLAIM.

LIMITATION OF LIABILITY AND LIQUIDATED DAMAGES PROVISION. CUSTOMER ACCEPTS THE IB SYSTEM "“AS IS"”, AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, PURPOSE OR APPLICATION; TIMELINESS; FREEDOM FROM INTERRUPTION; OR ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. UNDER NO CIRCUMSTANCES SHALL IB BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING LOSS OF BUSINESS, PROFITS OR GOODWILL. IB SHALL NOT BE LIABLE TO CUSTOMER BY REASON OF DELAYS OR INTERRUPTIONS OF SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF THE IB SYSTEM, REGARDLESS OF CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE CAUSED BY HARDWARE OR SOFTWARE MALFUNCTION; GOVERNMENTAL, EXCHANGE OR OTHER REGULATORY ACTION; ACTS OF GOD; WAR, TERRORISM, OR IB'S ’S INTENTIONAL ACTS. CUSTOMER RECOGNIZES THAT THERE MAY BE DELAYS OR INTERRUPTIONS IN THE USE OF THE IB SYSTEM, INCLUDING, FOR EXAMPLE, THOSE CAUSED INTENTIONALLY BY IB FOR PURPOSES OF SERVICING THE IB SYSTEM. IN NO EVENT SHALL IB'S ’S LIABILITY, REGARDLESS OF THE FORM OF ACTION AND DAMAGES SUFFERED BY CUSTOMER, EXCEED THE HIGHEST TOTAL MONTHLY AGGREGATE COMMISSIONS PAID BY CUSTOMER TO IB OVER THE 6 MONTHS PRIOR TO ANY INCIDENTTHE EVENT GIVING RISE TO CUSTOMER’S CLAIM.