Common use of LIMITATION OF LIABILITY; DISCLAIMER Clause in Contracts

LIMITATION OF LIABILITY; DISCLAIMER. 13.1 GEOCITIES MAKES NO REPRESENTATIONS THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. GEOCITIES HAS NO RESPONSIBILITY FOR THE CONTENT, QUALITY AND ACCURACY OF THE PRODUCTS, SERVICES OR WEB SITES OF MERCHANT, AFFILIATES OR BE FREE. UNDER NO CIRCUMSTANCES WILL GEOCITIES BE RESPONSIBLE OR LIABLE TO MERCHANT OR ANY OTHER PERSON OR ENTITY FOR THE TRANSACTIONS OR ANY NEGLIGENCE OF MERCHANT, AFFILIATES OR VISITORS. 13.2 GEOCITIES MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 13.3 NEITHER PARTY WELL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, TECHNOLOGY OR RIGHTS OR FOR ANY AMOUNTS AGGREGATING IN EXCESS OF AMOUNTS PAID TO IT (IN THE CASE OF GEOCITIES) OR (IN THE CASE OF MERCHANT) PAID AND PAYABLE BY IT HEREUNDER IN THE TWELVE MONTH (12) PERIOD BEFORE THE CAUSE OF ACTION AROSE. THE LIMITATIONS OF THIS SECTION 13.3 SHALL NOT APPLY TO EITHER PARTY'S INDEMNITY OBLIGATIONS UNDER SECTION 14 OR TO A PARTY'S BREACH OF SECTION 6.2, 6.4, 6.5, 9.2 OR 11.

LIMITATION OF LIABILITY; DISCLAIMER. 13.1 GEOCITIES MAKES A. ABOUT SHALL HAVE NO REPRESENTATIONS THAT THE OPERATION LIABILITY TO NEOMEDIA OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT OR BUSINESS OPPORTUNITIES, WHETHER OR NOT ABOUT WAS ADVISED OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREEPOSSIBILITY OF SUCH. GEOCITIES HAS NO RESPONSIBILITY FOR THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE CONTENT, QUALITY AND ACCURACY FAILURE OF THE PRODUCTSESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR NOTICE TO ABOUT OF THE POSSIBILITY OF SUCH DAMAGES OR NOTWITHSTANDING WHETHER SUCH DAMAGES WERE FORESEEABLE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, SERVICES ABOUT DOES NOT MAKE ANY, AND ABOUT HEREBY SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WEB SITES OF MERCHANTWARRANTIES, AFFILIATES OR BE FREE. UNDER NO CIRCUMSTANCES WILL GEOCITIES BE RESPONSIBLE OR LIABLE TO MERCHANT OR ANY OTHER PERSON OR ENTITY FOR THE TRANSACTIONS OR ANY NEGLIGENCE OF MERCHANT, AFFILIATES OR VISITORS. 13.2 GEOCITIES MAKES NO EXPRESS OR IMPLIED, REGARDING THE SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE SUBJECT MATTER WARRANTY OF THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR NON-INFRINGEMENTCOURSE OF PERFORMANCE. NeoMedia's sole remedy, as it relates to any breach by About of its obligations hereunder, shall be limited to the value associated with the page views not generated. 13.3 NEITHER B. IN NO EVENT SHALL NEOMEDIA HAVE ANY LIABILITY TO ABOUT OR ANY THIRD PARTY WELL BE LIABLE WITH RESPECT FOR ANY SPECIAL, INDIRECT, GENERAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND OR NATURE WHATSOEVER ARISING FROM THE USE OF OR INABILITY TO ANY SUBJECT MATTER USE THE QODE UNIVERSAL COMMERCE SOLUTION, INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION, LOSS OF THIS AGREEMENT DATA, OR OTHERWISE, HOWEVER CAUSED AND WHETHER ARISING UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT OR OTHER THEORY FOR COST OF PROCUREMENT LIABILITY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF SUBSTITUTE GOODS, SERVICES, TECHNOLOGY THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR RIGHTS NOTICE TO NEOMEDIA OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY AMOUNTS AGGREGATING IN EXCESS OF AMOUNTS PAID TO IT (IN THE CASE OF GEOCITIES) OR (IN THE CASE OF MERCHANT) PAID AND PAYABLE BY IT HEREUNDER IN THE TWELVE MONTH (12) PERIOD BEFORE THE CAUSE OF ACTION AROSENOTWITHSTANDING WHETHER SUCH DAMAGES WERE FORESEEABLE. THE LIMITATIONS OF THIS SECTION 13.3 LIMITATION SHALL NOT APPLY TO EITHER PARTYDAMAGES FOR PERSONAL INJURY OR DEATH. ABOUT'S INDEMNITY SOLE REMEDY, AS IT RELATES TO ANY OF NEOMEDIA'S OBLIGATIONS UNDER SECTION 14 OR HEREUNDER, SHALL BE LIMITED TO A PARTY'S BREACH OF SECTION 6.2, 6.4, 6.5, 9.2 OR 11THE NET COMMERCE REVENUES LESS ANY NET QUARTERLY REVENUE FEES PAID TO ABOUT. C. Both parties represent the establishment of any links and the impressions do not in any way constitute endorsement or acceptance of the content of the other party's Web page or Web site.

LIMITATION OF LIABILITY; DISCLAIMER. 13.1 GEOCITIES MAKES NO REPRESENTATIONS THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. GEOCITIES HAS NO RESPONSIBILITY FOR THE CONTENT, QUALITY AND ACCURACY OF THE PRODUCTS, SERVICES OR WEB SITES OF MERCHANT, AFFILIATES OR BE FREE(a) Liability. UNDER NO CIRCUMSTANCES WILL GEOCITIES SHALL EITHER PARTY BE RESPONSIBLE OR LIABLE TO MERCHANT THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY OTHER PERSON OR ENTITY FOR THE TRANSACTIONS OR ANY NEGLIGENCE OF MERCHANT, AFFILIATES OR VISITORS. 13.2 GEOCITIES MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SUBJECT MATTER PROVISION OF THIS AGREEMENT INCLUDINGAGREEMENT, SUCH AS, BUT NOT LIMITED TO, WARRANTIES LOSS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE REVENUE OR NON-INFRINGEMENT. 13.3 NEITHER PARTY WELL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY ANTICIPATED PROFITS OR OTHER THEORY FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, TECHNOLOGY OR RIGHTS OR FOR ANY AMOUNTS AGGREGATING IN EXCESS OF AMOUNTS PAID TO IT (IN THE CASE OF GEOCITIES) OR (IN THE CASE OF MERCHANT) PAID AND PAYABLE BY IT HEREUNDER IN THE TWELVE MONTH (12) PERIOD BEFORE THE CAUSE OF ACTION AROSELOST BUSINESS. THE LIMITATIONS OF THIS SECTION 13.3 SHALL NOT APPLY TO EITHER PARTY'S INDEMNITY OBLIGATIONS LIABILITY (WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE AND NOTWITHSTANDING ANY FAULT, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OP INFOSPACE) UNDER SECTION 14 THIS AGREEMENT OR WITH REGARD TO A PARTY'S BREACH ANY OF SECTION 6.2THE PRODUCTS OR SERVICES RENDERED BY INFOSPACE UNDER THIS AGREEMENT (INCLUDING ANY SERVERS OR OTHER HARDWARE, 6.4SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED FLY INFOSPACE OR ANY OTHER PARTIES IN CONNECTION WITH HOSTING THE CO-BRAND) PAGES), 6.5, 9.2 THE INFOSPACE WEB SITES AND ANY OTHER ITEMS OR 11SERVICES FURNISHED UNDER THIS AGREEMENT WILL IN NO EVENT EXCEED THE COMPENSATION PAID BY COMPANY TO INFOSPACE UNDER THIS AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER. 13.1 GEOCITIES MAKES NO REPRESENTATIONS THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. GEOCITIES HAS NO RESPONSIBILITY FOR THE CONTENT, QUALITY AND ACCURACY OF THE PRODUCTS, SERVICES OR WEB SITES OF MERCHANT, AFFILIATES OR BE FREELiability. UNDER NO CIRCUMSTANCES WILL GEOCITIES SHALL EITHER PARTY BE RESPONSIBLE OR LIABLE TO MERCHANT THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY OTHER PERSON OR ENTITY FOR THE TRANSACTIONS OR ANY NEGLIGENCE OF MERCHANT, AFFILIATES OR VISITORS. 13.2 GEOCITIES MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SUBJECT MATTER PROVISION OF THIS AGREEMENT INCLUDINGAGREEMENT, SUCH AS, BUT NOT LIMITED TO, WARRANTIES LOSS OF MERCHANTABILITYREVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. INFOSPACE’S LIABILITY (WHETHER ARISING IN TORT, FITNESS FOR A PARTICULAR PURPOSE CONTRACT OR NON-INFRINGEMENT. 13.3 NEITHER PARTY WELL BE LIABLE OTHERWISE AND NOTWITHSTANDING ANY FAULT, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OF INFOSPACE) UNDER THIS AGREEMENT OR WITH RESPECT REGARD TO ANY SUBJECT MATTER OF THE PRODUCTS, SOFTWARE OR SERVICES RENDERED BY INFOSPACE UNDER THIS AGREEMENT (INCLUDING ANY SERVER OROTHER HARDWARE, SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY INFOSPACE OR ANY THIRD PARTIES IN CONNECTION WITH HOSTING THE CO-BRANDED PAGES), THE INFOSPACE WEB SITES AND ANY OTHER ITEMS OR SERVICES FURNISHED UNDER THIS AGREEMENT IN NO EVENT WILL EXCEED THE COMPENSATION PAID BY COMPANY TO INFOSPACE UNDER THIS AGREEMENT, PLUS ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, TECHNOLOGY OR RIGHTS OR FOR ANY UNPAID AMOUNTS AGGREGATING IN EXCESS OF AMOUNTS PAID TO IT (IN THE CASE OF GEOCITIES) OR (IN THE CASE OF MERCHANT) PAID DUE AND PAYABLE BY IT HEREUNDER IN COMPANY AT THE TWELVE MONTH (12) PERIOD BEFORE THE CAUSE OF ACTION TIME SUCH LIABILITY AROSE. THE LIMITATIONS OF THIS SECTION 13.3 SHALL NOT APPLY TO EITHER PARTY'S INDEMNITY OBLIGATIONS UNDER SECTION 14 OR TO A PARTY'S BREACH OF SECTION 6.2, 6.4, 6.5, 9.2 OR 11.

LIMITATION OF LIABILITY; DISCLAIMER. 13.1 GEOCITIES MAKES 8.1 Limitation of Liability. EXCEPT FOR OBLIGATIONS ARISING UNDER ARTICLE X OR FOR ANY BREACHES OF ARTICLES III OR VI ABOVE, IN NO REPRESENTATIONS THAT EVENT SHALL EITHER PARTY HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR FOR INTERRUPTED COMMUNICATIONS, RE-RUN TIME, INACCURATE INPUT, WORK DELAYS, LOST DATA OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE OPERATION APPLICATION SERVICES OR THE USE OF THE SERVICE WILL BE UNINTERRUPTED APPLICATION SERVICES BY CUSTOMER, EVEN IF EXALT HAS BEEN ADVISED OR ERROR FREE(OR KNOWS OR SHOULD KNOW OF) THE POSSIBILITY OF SUCH DAMAGES. GEOCITIES FURTHERMORE, IN NO EVENT SHALL EXALT’S LIABILITY UNDER THIS AGREEMENT, INCLUDING FOR DIRECT DAMAGES, EXCEED THE AMOUNT EXALT HAS NO RESPONSIBILITY BEEN PAID BY CUSTOMER UNDER THIS AGREEMENT. THE LIMITATION ON EXALT’S LIABILITY IS CUMULATIVE, WITH ALL PAYMENTS TO CUSTOMER FOR THE CONTENT, QUALITY AND ACCURACY CLAIMS OR DAMAGES UNDER THIS AGREEMENT BEING AGGREGATED TO DETERMINE SATISFACTION OF THE PRODUCTSLIMIT. THE EXISTENCE OF ONE OR MORE CLAIMS OR SUITS WILL NOT ENLARGE THE LIMIT. THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION UNDER OR RELATING TO THIS AGREEMENT (CONTRACT, SERVICES TORT OR WEB SITES OF MERCHANT, AFFILIATES OR BE FREE. UNDER NO CIRCUMSTANCES WILL GEOCITIES BE RESPONSIBLE OR LIABLE TO MERCHANT OR ANY OTHER PERSON OR ENTITY FOR THE TRANSACTIONS OR ANY NEGLIGENCE OF MERCHANT, AFFILIATES OR VISITORSOTHERWISE). 13.2 GEOCITIES MAKES NO 8.2 No Additional Warranties. EXCEPT AS SET FORTH IN ARTICLE VII OF THIS AGREEMENT, NEITHER PARTY MAKES, AND EACH PARTY HEREBY SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND THE SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE SUBJECT MATTER WARRANTY OF THIS AGREEMENT INCLUDINGNONINFRINGEMENT, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR NON-INFRINGEMENTIMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. 13.3 NEITHER PARTY WELL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, TECHNOLOGY OR RIGHTS OR FOR ANY AMOUNTS AGGREGATING IN EXCESS OF AMOUNTS PAID TO IT (IN THE CASE OF GEOCITIES) OR (IN THE CASE OF MERCHANT) PAID AND PAYABLE BY IT HEREUNDER IN THE TWELVE MONTH (12) PERIOD BEFORE THE CAUSE OF ACTION AROSE. THE LIMITATIONS OF THIS SECTION 13.3 SHALL NOT APPLY TO EITHER PARTY'S INDEMNITY OBLIGATIONS UNDER SECTION 14 OR TO A PARTY'S BREACH OF SECTION 6.2, 6.4, 6.5, 9.2 OR 11.

LIMITATION OF LIABILITY; DISCLAIMER. 13.1 GEOCITIES MAKES NO REPRESENTATIONS THAT 20.1 TO THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. GEOCITIES HAS NO RESPONSIBILITY FOR THE CONTENTMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUALITY AND ACCURACY OF THE PRODUCTS, SERVICES OR WEB SITES OF MERCHANT, AFFILIATES OR BE FREE. UNDER NO CIRCUMSTANCES WILL GEOCITIES SHALL MOJANG OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE TO MERCHANT SLG FOR (1) ANY CLAIMS OR DAMAGES UNDER THIS AGREEMENT REGARDLESS OF THEORY OF LIABILITY, WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY OTHER PERSON STATUTORY DUTY, PRINCIPLES OF INDEMNITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR ENTITY OTHERWISE, OR (2) FOR ANY SPECIAL, CONSEQUENTIAL, RELIANCE, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING LOST PROFITS, REVENUE OR GOODWILL. IN NO EVENT SHALL MOJANG’S LIABILITY TO SLG ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE TRANSACTIONS OR ANY NEGLIGENCE OF MERCHANT, AFFILIATES OR VISITORSTOTAL AMOUNTS PAID BY SLG TO MOJANG HEREUNDER. 13.2 GEOCITIES MAKES NO EXPRESS 20.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOJANG DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR IMPLIED WARRANTIES STATUTORY WITH RESPECT TO THE SUBJECT MATTER LICENSE, THE LICENSED ACTIVITES, AND THE MINECRAFT IP, ***** SUPER LEAGUE GAMING, INC. HAS REQUESTED THAT THE OMITTED PORTIONS OF THIS AGREEMENT INCLUDINGDOCUMENT, BUT NOT LIMITED TOWHICH ARE INDICATED BY [*****], WARRANTIES BE AFFORDED CONFIDENTIAL TREATMENT. SUPER LEAGUE GAMING, INC. HAS SEPARATELY FILED THE OMITTED PORTIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 13.3 NEITHER PARTY WELL BE LIABLE THE DOCUMENT WITH THE SECURITIES AND EXCHANGE COMMISSION. INCLUDING WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACTVALIDITY, NEGLIGENCENONINFRINGEMENT, STRICT LIABILITY OR OTHER THEORY FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, TECHNOLOGY OR RIGHTS OR MERCHANTABILITY AND FITNESS FOR ANY AMOUNTS AGGREGATING IN EXCESS OF AMOUNTS PAID TO IT (IN THE CASE OF GEOCITIES) OR (IN THE CASE OF MERCHANT) PAID AND PAYABLE BY IT HEREUNDER IN THE TWELVE MONTH (12) PERIOD BEFORE THE CAUSE OF ACTION AROSE. THE LIMITATIONS OF THIS SECTION 13.3 SHALL NOT APPLY TO EITHER PARTY'S INDEMNITY OBLIGATIONS UNDER SECTION 14 OR TO A PARTY'S BREACH OF SECTION 6.2, 6.4, 6.5, 9.2 OR 11PARTICULAR PURPOSE.

LIMITATION OF LIABILITY; DISCLAIMER. 13.1 GEOCITIES MAKES NO REPRESENTATIONS THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. GEOCITIES HAS NO RESPONSIBILITY FOR THE CONTENT(a) Liability, QUALITY AND ACCURACY OF THE PRODUCTS, SERVICES OR WEB SITES OF MERCHANT, AFFILIATES OR BE FREE. UNDER NO CIRCUMSTANCES WILL GEOCITIES SHALL EITHER PARTY BE RESPONSIBLE OR LIABLE TO MERCHANT THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY OTHER PERSON OR ENTITY FOR THE TRANSACTIONS OR ANY NEGLIGENCE OF MERCHANTPROVISIONOF THIS AGREEMENT, AFFILIATES OR VISITORS. 13.2 GEOCITIES MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT INCLUDINGSUCH AS, BUT NOT LIMITED TO, WARRANTIES LOSS OF MERCHANTABILITYREVENUE OR ANTCIPATED PROFITS OR LOST BUSINESS. INFOSPACE'S LIABILITY (WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE AND NOTWITHSTANDING ANY FAULT, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIAILITY OF INFOSPACE) UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF THE PRODUCTS OR SERVICES RENDERED BY INFOSPACE UNDER THIS AGREEMENT (INCLUDING ANY SERVERS OR OTHER HARDWARE, SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY INFOSPACE OR ANY THIRD PARTIES IN CONNECTION WITH HOSTING THE CO-BRANDED PAGES OR PROVIDING CONTENT), THE INFOSPACE WEB SITES AND ANY OTHER ITEMS OR SEVICES FURNISHED UNDER THIS AGREEMENT. IN NO EVENT WILL INFOSPACE'S AGGREGATE LIABILITY TO COMPANY UNDER THIS AGREEMENT EXCEED THE COMPENSATION PAID BY COMPANY TO INFOSPACE UNDER THIS AGREEMENT. (b) No Additional Warranties. EXECT AS SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES, AND EACH PARTY HEREBY SPECIFICALLY DICLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR NON-INFRINGEMENTCOURSE OF PERFORMANCE. 13.3 NEITHER ), AND EACH PARTY WELL BE LIABLE WITH RESPECT TO HEREBY SPECIFICALLY DISCLAIMS ANY SUBJECT MATTER CLAIM IN TORT (INCLUDING NEGLIGENCE), IN EACH CASE, REGARDING THEIR WEB SITES, ANY PRODUCTS OR SERVICES DESCRIBED THEREON, ANY BANNER ADVERTISEMENTS, ANY SOFTWARE, OR ANY OTHER ITEMS OR SERVICES PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THIS AGREEMENT UNDER THE FOREGOING, COMPANY ACKNOWLEDGES THAT THE INFOSPACE WEB SITES AND THE CONTENT (INCLUDING ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY SERVICES OR OTHER THEORY FOR COST HARDWARE, SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY INFOSPACE OR ANY THIRD PARTIES IN CONNECTION WITH HOSTING THE INFOSPACE WEB SITES OR THE CONTENT OR PERFORMANCE OF PROCUREMENT ANY SERVICES HEREUNDER) ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF SUBSTITUTE GOODSANY KIND. COMPANY ACKNOWLEDGES THAT INFOSPACE MAKES NO WARRANTY THAT IT WILL CONTINUE TO OPERATE ITS WEB SITES OR OFFER THE CONTENT IN THEIR CURRENT FORM, SERVICESTHAT ITS WEB SITES OR THE CONTENT WILL BE ACCESSIBLE WITHOUT INTERRUPTION, TECHNOLOGY THAT THE SITES OR RIGHTS THE CONTENT WILL MEET THE REQUIREMENTS OR FOR EXPECTIONS OF THE OTHER PARTY, OR THAT THE CONTENT, SOFTWARE OR ANY AMOUNTS AGGREGATING IN EXCESS OF AMOUNTS PAID TO IT (IN OTHER MATERIALS ON ITS WEB SITES OR THE CASE OF GEOCITIES) SERVERS AND SOFTWARE THAT MAKES ITS WEB SITES AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR (IN THE CASE OF MERCHANT) PAID AND PAYABLE BY IT HEREUNDER IN THE TWELVE MONTH (12) PERIOD BEFORE THE CAUSE OF ACTION AROSE. THE LIMITATIONS OF THIS SECTION 13.3 SHALL NOT APPLY TO EITHER PARTY'S INDEMNITY OBLIGATIONS UNDER SECTION 14 OR TO A PARTY'S BREACH OF SECTION 6.2, 6.4, 6.5, 9.2 OR 11OMISSIONS.

LIMITATION OF LIABILITY; DISCLAIMER. 13.1 GEOCITIES MAKES NO REPRESENTATIONS THAT THE OPERATION OF THE SERVICE (a) NEITHER PARTY WILL BE UNINTERRUPTED OR ERROR FREE. GEOCITIES HAS NO RESPONSIBILITY FOR THE CONTENT, QUALITY AND ACCURACY OF THE PRODUCTS, SERVICES OR WEB SITES OF MERCHANT, AFFILIATES OR BE FREE. UNDER NO CIRCUMSTANCES WILL GEOCITIES BE RESPONSIBLE OR LIABLE TO MERCHANT THE OTHER PARTY FOR ANY CLAIMS FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, BUSINESS INTERRUPTION, EXEMPLARY, OR ANY OTHER PERSON INDIRECT DAMAGES OR ENTITY FOR LOST PROFITS, ARISING UNDER STATUTE, IN TORT OR CONTRACT OR OTHERWISE IN CONNECTION WITH OR RESULTING FROM THE TRANSACTIONS OR ANY NEGLIGENCE OF MERCHANT, AFFILIATES OR VISITORS. 13.2 GEOCITIES MAKES NO EXPRESS OR IMPLIED WARRANTIES PARTIES’ PERFORMANCE UNDER THIS AGREEMENT. THE FOREGOING LIMITATION WILL NOT APPLY TO LIMIT EITHER PARTY’S LIABILITY WITH RESPECT TO (A) A PARTY’S BREACH OF THE SUBJECT MATTER CONFIDENTIALITY PROVISION IN ARTICLE 9, (B) A PARTY’S BREACH OF THIS AGREEMENT THE EXCLUSIVITY PROVISIONS IN SECTION 2.7, (C) A PARTY’S FRAUD OR WILLFUL MISCONDUCT, AND (D) THE OBLIGATIONS OF EACH PARTY FOR THE INDEMNIFICATION OF THIRD PARTY CLAIMS UNDER ARTICLE 11. (b) EXCEPT FOR (A) A PARTY’S BREACH OF THE CONFIDENTIALITY PROVISIONS IN ARTICLE 9, (B) A PARTY’S BREACH OF THE EXCLUSIVITY PROVISIONS IN SECTION 2.7, (C) A PARTY’S FRAUD OR WILLFUL MISCONDUCT, (D) A PARTY’S BREACH OF ITS ASSIGNMENT AND TRANSFER OBLIGATIONS, AND (E) THE OBLIGATIONS OF EACH PARTY FOR THE INDEMNIFICATION OF THIRD PARTY CLAIMS UNDER ARTICLE 11, IN NO EVENT WILL EITHER PARTY’S LIABILITY TO THE OTHER FOR ANY CLAIM OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, WARRANTIES NEGLIGENCE) FOR ANY LOSS OR DAMAGE ARISING OUT OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 13.3 NEITHER PARTY WELL BE LIABLE IN CONNECTION WITH RESPECT TO ANY SUBJECT MATTER OF OR RESULTING FROM THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, TECHNOLOGY FROM PERFORMANCE OR RIGHTS OR FOR ANY AMOUNTS AGGREGATING IN EXCESS OF AMOUNTS PAID TO IT (IN THE CASE OF GEOCITIES) OR (IN THE CASE OF MERCHANT) PAID AND PAYABLE BY IT HEREUNDER IN THE TWELVE MONTH (12) PERIOD BEFORE THE CAUSE OF ACTION AROSE. THE LIMITATIONS OF THIS SECTION 13.3 SHALL NOT APPLY TO EITHER PARTY'S INDEMNITY OBLIGATIONS UNDER SECTION 14 OR TO A PARTY'S BREACH OF SECTION 6.2, 6.4, 6.5, 9.2 OR 11THEREOF EXCEED $5,000,000.

LIMITATION OF LIABILITY; DISCLAIMER. 13.1 GEOCITIES MAKES NO REPRESENTATIONS THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. GEOCITIES HAS NO RESPONSIBILITY FOR THE CONTENT, QUALITY AND ACCURACY OF THE PRODUCTS, SERVICES OR WEB SITES OF MERCHANT, AFFILIATES OR BE FREE(a) Liability. UNDER NO CIRCUMSTANCES WILL GEOCITIES SHALL EITHER PARTY BE RESPONSIBLE OR LIABLE TO MERCHANT THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY OTHER PERSON OR ENTITY FOR THE TRANSACTIONS OR ANY NEGLIGENCE OF MERCHANT, AFFILIATES OR VISITORS. 13.2 GEOCITIES MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SUBJECT MATTER PROVISION OF THIS AGREEMENT INCLUDINGAGREEMENT, SUCH AS, BUT NOT LIMITED TO, WARRANTIES LOSS OF MERCHANTABILITYREVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. INFOSPACE'S LIABILITY (WHETHER ARISING IN TORT, FITNESS FOR A PARTICULAR PURPOSE CONTRACT OR NON-INFRINGEMENT. 13.3 NEITHER PARTY WELL BE LIABLE OTHERWISE AND NOTWITHSTANDING ANY FAULT, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OF INFOSPACE) UNDER THIS AGREEMENT OR WITH RESPECT REGARD TO ANY SUBJECT MATTER OF THE PRODUCTS OR SERVICES RENDERED BY INFOSPACE UNDER THIS AGREEMENT UNDER (INCLUDING ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY SERVERS OR OTHER THEORY FOR COST OF PROCUREMENT OF SUBSTITUTE GOODSHARDWARE, SERVICESSOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY INFOSPACE OR ANY THIRD PARTIES IN CONNECTION WITH HOSTING THE CO-BRANDED PAGES), TECHNOLOGY THE INFOSPACE WEB SITES AND ANY OTHER ITEMS OR RIGHTS OR FOR ANY AMOUNTS AGGREGATING SERVICES FURNISHED UNDER THIS AGREEMENT WILL IN EXCESS OF AMOUNTS NO EVENT EXCEED THE COMPENSATION PAID BY COMPANY TO IT (IN THE CASE OF GEOCITIES) OR (IN THE CASE OF MERCHANT) PAID AND PAYABLE BY IT HEREUNDER IN THE TWELVE MONTH (12) PERIOD BEFORE THE CAUSE OF ACTION AROSE. THE LIMITATIONS OF INFOSPACE UNDER THIS SECTION 13.3 SHALL NOT APPLY TO EITHER PARTY'S INDEMNITY OBLIGATIONS UNDER SECTION 14 OR TO A PARTY'S BREACH OF SECTION 6.2, 6.4, 6.5, 9.2 OR 11AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER. 13.1 GEOCITIES MAKES NO REPRESENTATIONS THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. GEOCITIES HAS NO RESPONSIBILITY FOR THE CONTENT, QUALITY AND ACCURACY OF THE PRODUCTS, SERVICES OR WEB SITES OF MERCHANT, AFFILIATES OR BE FREE(a) LIABILITY. UNDER NO CIRCUMSTANCES WILL GEOCITIES SHALL EITHER PARTY BE RESPONSIBLE OR LIABLE TO MERCHANT THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY OTHER PERSON OR ENTITY FOR THE TRANSACTIONS OR ANY NEGLIGENCE OF MERCHANT, AFFILIATES OR VISITORS. 13.2 GEOCITIES MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SUBJECT MATTER PROVISION OF THIS AGREEMENT INCLUDINGAGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT FOR LIABILITIES TO PAY AMOUNTS DUE, EITHER PARTY'S LIABILITY (WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE AND NOTWITHSTANDING ANY FAULT, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OF SUCH PARTY) UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF THE PRODUCTS OR SERVICES RENDERED BY EITHER PARTY UNDER THIS AGREEMENT, THE CONTENT AND ANY OTHER ITEMS OR SERVICES FURNISHED UNDER THIS AGREEMENT WILL IN NO EVENT EXCEED THE COMPENSATION PAID BY ATTWS TO BOLT UNDER THIS AGREEMENT. (b) NO ADDITIONAL WARRANTIES. THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF MERCHANTABILITYALL OTHER WARRANTIES, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE; (B) IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR NON-INFRINGEMENT. 13.3 NEITHER PARTY WELL BE LIABLE WITH RESPECT TO USAGE OF TRADE; OR (C) ANY SUBJECT MATTER OF THIS AGREEMENT UNDER OBLIGATION, LIABILITY, RIGHT, REMEDY OR CLAIM IN TORT, NOTWITHSTANDING ANY CONTRACTFAULT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR COST PRODUCT LIABILITY OF PROCUREMENT BOLT (WHETHER ACTIVE, PASSIVE OR IMPUTED) WITH RESPECT TO ANY BUG, DEFECT, DEFICIENCY OR ERROR IN ANY OF SUBSTITUTE GOODS, SERVICES, TECHNOLOGY OR RIGHTS OR FOR ANY AMOUNTS AGGREGATING IN EXCESS OF AMOUNTS PAID TO IT (IN THE CASE OF GEOCITIES) OR (IN THE CASE OF MERCHANT) PAID AND PAYABLE BY IT HEREUNDER IN THE TWELVE MONTH (12) PERIOD BEFORE THE CAUSE OF ACTION AROSE. THE LIMITATIONS OF THIS SECTION 13.3 SHALL NOT APPLY TO EITHER PARTY'S INDEMNITY OBLIGATIONS UNDER SECTION 14 OR TO A PARTY'S BREACH OF SECTION 6.2, 6.4, 6.5, 9.2 OR 11FOREGOING.

LIMITATION OF LIABILITY; DISCLAIMER. 13.1 GEOCITIES MAKES NO REPRESENTATIONS THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. GEOCITIES HAS NO RESPONSIBILITY FOR THE CONTENT, QUALITY AND ACCURACY OF THE PRODUCTS, SERVICES OR WEB SITES OF MERCHANT, AFFILIATES OR BE FREE(a) Liability. UNDER NO CIRCUMSTANCES WILL GEOCITIES SHALL EITHER PARTY BE RESPONSIBLE OR LIABLE TO MERCHANT THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY OTHER PERSON OR ENTITY FOR THE TRANSACTIONS OR ANY NEGLIGENCE OF MERCHANT, AFFILIATES OR VISITORS. 13.2 GEOCITIES MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SUBJECT MATTER PROVISION OF THIS AGREEMENT INCLUDINGAGREEMENT, SUCH AS, BUT NOT LIMITED TO, WARRANTIES LOSS OF MERCHANTABILITYREVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. INFOSPACE'S LIABILITY (WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE AND NOTWITHSTANDING ANY FAULT, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OF INFOSPACE) UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF THE PRODUCTS OR SERVICES RENDERED BY THE PARTIES UNDER THIS AGREEMENT (INCLUDING ANY SERVERS OR OTHER HARDWARE, SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY THE PARTIES OR ANY THIRD PARTIES IN CONNECTION WITH HOSTING THE CO-BRANDED PAGES OR PROVIDING CONTENT), THE PARTIES' WEB SITES AND ANY OTHER ITEMS OR SERVICES FURNISHED UNDER THIS AGREEMENT. IN NO EVENT WILL EITHER PARTYS' AGGREGATE LIABILITY TO THE OTHER PARTY UNDER THIS AGREEMENT EXCEED THE COMPENSATION PAID THE OTHER PARTY UNDER THIS AGREEMENT. (b) No Additional Warranties. EXCEPT AS SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES, AND EACH PARTY HEREBY SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR NON-INFRINGEMENTCOURSE OF PERFORMANCE. 13.3 NEITHER ), AND EACH PARTY WELL BE LIABLE WITH RESPECT TO HEREBY SPECIFICALLY DISCLAIMS ANY SUBJECT MATTER CLAIM IN TORT (INCLUDING NEGLIGENCE), IN EACH CASE, REGARDING THEIR WEB SITES, ANY PRODUCTS OR SERVICES DESCRIBED THEREON, ANY BANNER ADVERTISEMENTS, ANY SOFTWARE, OR ANY OTHER ITEMS OR SERVICES PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THIS AGREEMENT UNDER THE FOREGOING, BOTH PARTIES ACKNOWLEDGE THAT THE PARTIES' WEB SITES AND THE CONTENT (INCLUDING ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY SERVERS OR OTHER THEORY FOR COST HARDWARE, SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY THE PARTIES OR ANY THIRD PARTIES IN CONNECTION WITH HOSTING THE WEB SITES OR THE CONTENT OR PERFORMANCE OF PROCUREMENT ANY SERVICES HEREUNDER) ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF SUBSTITUTE GOODS, SERVICES, TECHNOLOGY OR RIGHTS OR FOR ANY AMOUNTS AGGREGATING IN EXCESS OF AMOUNTS PAID TO IT (IN THE CASE OF GEOCITIES) OR (IN THE CASE OF MERCHANT) PAID AND PAYABLE BY IT HEREUNDER IN THE TWELVE MONTH (12) PERIOD BEFORE THE CAUSE OF ACTION AROSEKIND. THE LIMITATIONS PARTIES MAKE NO WARRANTY THAT THEY WILL CONTINUE TO OPERATE THEIR WEB SITES OR OFFER THE CONTENT IN THEIR CURRENT FORM, THAT THEIR WEB SITES OR THE CONTENT WILL BE ACCESSIBLE WITHOUT INTERRUPTION, THAT THE SITES OR THE CONTENT WILL MEET THE REQUIREMENTS OR EXPECTATIONS OF THIS SECTION 13.3 SHALL NOT APPLY TO EITHER THE OTHER PARTY'S INDEMNITY OBLIGATIONS UNDER SECTION 14 , OR TO A PARTY'S BREACH OF SECTION 6.2THAT THE CONTENT, 6.4SOFTWARE OR ANY OTHER ANY MATERIALS ON ITS WEB SITES OR THE SERVERS AND SOFTWARE THAT MAKES ITS WEB SITES AVAILABLE ARE FREE FROM ERRORS, 6.5DEFECTS, 9.2 DESIGN FLAWS OR 11OMISSIONS.

LIMITATION OF LIABILITY; DISCLAIMER. 13.1 GEOCITIES EXCEPT FOR AMOUNTS PAYABLE IN CONNECTION WITH INDEMNIFICATION OBLIGATIONS, BREACHES OF CONFIDENTIALITY OBLIGATIONS AND AMOUNTS PAYABLE PURSUANT TO SECTION 4 OR 5(b)(iii) ABOVE, (1) IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR LOST PROFIT DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (2) 24/7 SHALL NOT BE LIABLE TO LYCOS OR ANY THIRD PARTY FOR ANY LOSS, COST, DAMAGE OR EXPENSE INCURRED IN CONNECTION WITH THE AVAILABILITY, OPERATION OR USE OF THE AD SERVING SYSTEM, THE INTERNET, TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OR CORRUPTION OF DATA, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND RELATED THERETO, EXCEPT AS PROVIDED IN ANY OTHER AGREEMENT BETWEEN THE PARTIES, INCLUDING WITHOUT LIMITATION ANY AD SERVING AGREEMENT; (3) LYCOS SHALL NOT BE LIABLE TO 24/7 OR ANY THIRD PARTY FOR ANY LOSS, COST, DAMAGE OR EXPENSE INCURRED IN CONNECTION WITH THE AVAILABILITY, OPERATION OR USE OF THE WEB SITES, THE INTERNET, TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OR CORRUPTION OF DATA, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND RELATED THERETO AND (4) EACH PARTY’S MAXIMUM AGGREGATE LIABILITY SHALL NOT EXCEED FIVE MILLION DOLLARS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT (INCLUDING ALL EXHIBITS AND SCHEDULES HERETO), 24/7 MAKES NO REPRESENTATIONS THAT THE OPERATION WARRANTIES OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. GEOCITIES HAS NO RESPONSIBILITY FOR THE CONTENT, QUALITY AND ACCURACY OF THE PRODUCTS, SERVICES OR WEB SITES OF MERCHANT, AFFILIATES OR BE FREE. UNDER NO CIRCUMSTANCES WILL GEOCITIES BE RESPONSIBLE OR LIABLE ANY KIND TO MERCHANT OR ANY OTHER PERSON OR ENTITY FOR THE TRANSACTIONS OR ANY NEGLIGENCE OF MERCHANT, AFFILIATES OR VISITORS. 13.2 GEOCITIES MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SUBJECT MATTER AD SERVING SYSTEM USED TO DELIVER ADVERTISING OR ANY ADVERTISING OR DATA SUPPLIED THEREBY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT (INCLUDING ALL EXHIBITS AND SCHEDULES HERETO), LYCOS MAKES NO WARRANTIES OF ANY KIND TO ANY PERSON OR ENTITY WITH RESPECT TO THE WEB SITES, THE IMPRESSIONS OR THE LYCOS DATA, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, WARRANTIES ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 13.3 NEITHER PARTY WELL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, TECHNOLOGY OR RIGHTS OR FOR ANY AMOUNTS AGGREGATING IN EXCESS OF AMOUNTS PAID TO IT (IN THE CASE OF GEOCITIES) OR (IN THE CASE OF MERCHANT) PAID AND PAYABLE BY IT HEREUNDER IN THE TWELVE MONTH (12) PERIOD BEFORE THE CAUSE OF ACTION AROSE. THE LIMITATIONS OF THIS SECTION 13.3 SHALL NOT APPLY TO EITHER PARTY'S INDEMNITY OBLIGATIONS UNDER SECTION 14 OR TO A PARTY'S BREACH OF SECTION 6.2, 6.4, 6.5, 9.2 OR 11.

LIMITATION OF LIABILITY; DISCLAIMER. 13.1 GEOCITIES MAKES NO REPRESENTATIONS THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. GEOCITIES HAS NO RESPONSIBILITY FOR THE CONTENT, QUALITY AND ACCURACY OF THE PRODUCTS, SERVICES OR WEB SITES OF MERCHANT, AFFILIATES OR BE FREE(a) Liability. UNDER NO CIRCUMSTANCES WILL GEOCITIES SHALL EITHER PARTY BE RESPONSIBLE OR LIABLE TO MERCHANT THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY OTHER PERSON OR ENTITY FOR THE TRANSACTIONS OR ANY NEGLIGENCE OF MERCHANT, AFFILIATES OR VISITORS. 13.2 GEOCITIES MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SUBJECT MATTER PROVISION OF THIS AGREEMENT INCLUDINGAGREEMENT, SUCH AS, BUT NOT LIMITED TO, WARRANTIES LOSS OF MERCHANTABILITYREVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS INFOSPACECANADA'S LIABILITY (WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE AND NOTWITHSTANDING ANY FAULT, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OF INFOSPACECANADA) UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF THE PRODUCTS OR SERVICES RENDERED BY INFOSPACECANADA UNDER THIS AGREEMENT (INCLUDING ANY SERVERS OR OTHER HARDWARE, SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY INFOSPACECANADA OR ANY THIRD PARTIES IN CONNECTION WITH HOSTING THE CO-BRAND PAGES), THE INFOSPACECANADA WEB SITES AND ANY OTHER ITEMS OR SERVICES FURNISHED UNDER THIS AGREEMENT WILL IN NO EVENT EXCEED THE COMPENSATION PAID BY QUOTESCANADA.CXX XXX. XX XXFOSPACECANADA UNDER THIS AGREEMENT. (b) No Additional Warranties. EXCEPT AS SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES, AND EACH PARTY HEREBY SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR NON-INFRINGEMENT. 13.3 NEITHER COURSE OF PERFORMANCE), AND EACH PARTY WELL BE LIABLE WITH RESPECT TO HEREBY SPECIFICALLY DISCLAIMS ANY SUBJECT MATTER CLAIM IN TORT (INCLUDING NEGLIGENCE), IN EACH CASE, REGARDING THEIR WEB SITES, ANY PRODUCTS OR SERVICES DESCRIBED THEREON, ANY BANNER ADVERTISEMENTS, OR ANY OTHER ITEMS OR SERVICES PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THIS AGREEMENT UNDER THE FOREGOING, QUOTESCANADA.CXX XXX. XXXXXXLEDGES THAT THE INFOSPACECANADA WEB SITES AND THE CONTENT (INCLUDING ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY SERVERS OR OTHER THEORY FOR COST HARDWARE, SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY INFOSPACECANADA OR ANY THIRD PARTIES IN CONNECTION WITH HOSTING THE INFOSPACECANADA WEB SITES OR THE CONTENT OR PERFORMANCE OF PROCUREMENT ANY SERVICES HEREUNDER) ARE PROVIDED "AS IS" AND THAT INFOSPACECANADA MAKES NO WARRANTY THAT IT WILL CONTINUE TO OPERATE ITS WEB SITES IN THEIR CURRENT FORM, THAT ITS WEB SITES WILL BE ACCESSIBLE WITHOUT INTERRUPTION, THAT THE SITES WILL MEET THE REQUIREMENTS OR EXPECTATIONS OF SUBSTITUTE GOODSTHE OTHER PARTY, SERVICESOR THAT THE CONTENT OR ANY OTHER ANY MATERIALS ON ITS WEB SITES OR THE SERVERS AND SOFTWARE THAT MAKES ITS WEB SITES AVAILABLE ARE FREE FROM ERRORS, TECHNOLOGY DEFECTS, DESIGN FLAWS OR RIGHTS OR FOR ANY AMOUNTS AGGREGATING IN EXCESS OF AMOUNTS PAID TO IT (IN THE CASE OF GEOCITIES) OR (IN THE CASE OF MERCHANT) PAID AND PAYABLE BY IT HEREUNDER IN THE TWELVE MONTH (12) PERIOD BEFORE THE CAUSE OF ACTION AROSE. THE LIMITATIONS OF THIS SECTION 13.3 SHALL NOT APPLY TO EITHER PARTY'S INDEMNITY OBLIGATIONS UNDER SECTION 14 OR TO A PARTY'S BREACH OF SECTION 6.2, 6.4, 6.5, 9.2 OR 11OMISSIONS.

LIMITATION OF LIABILITY; DISCLAIMER. 13.1 GEOCITIES MAKES 5.1 EXCEPT FOR EITHER PARTY'S LIABILITY FOR THIRD PARTY CLAIMS AS SPECIFIED IN ARTICLE 9 BELOW OR IN APPENDIX A, SECTION C(7), OR ANY PARTY'S BREACH OF ARTICLE 3, OR DAMAGES ARISING FROM PERSONAL INJURY, IN NO EVENT SHALL CONTENT PROVIDER, INFOSEEK, GO PARTNERS OR ANY OF THEIR AFFILIATES BE LIABLE TO ANY OTHER PARTY OR ITS AFFILIATES FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY NATURE, EVEN IF SUCH PARTY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR OTHER FAULT OF ANY PARTY AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY. 5.2 EXCEPT AS SET FORTH IN ARTICLE 4, CONTENT PARTNER, INFOSEEK AND THE GO PARTNERS MAKE NO, AND EACH PARTY ACKNOWLEDGES THAT EACH PARTY HAS NOT MADE ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS THAT OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, THE CONTENT PARTNER CONTENT, GO PARTNERS, THE XXXXXX.XXX SITE, OR THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. GEOCITIES HAS NO RESPONSIBILITY FOR CONTENT PARTNER CONTENT ON THE CONTENTSERVICE, QUALITY AND ACCURACY OF THE PRODUCTS, SERVICES OR WEB SITES OF MERCHANT, AFFILIATES OR BE FREE. UNDER NO CIRCUMSTANCES WILL GEOCITIES BE RESPONSIBLE OR LIABLE TO MERCHANT OR ANY OTHER PERSON OR ENTITY FOR THE TRANSACTIONS OR ANY NEGLIGENCE OF MERCHANT, AFFILIATES OR VISITORS. 13.2 GEOCITIES MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, WARRANTIES TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENTPURPOSE. __________________________ *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. 13.3 NEITHER PARTY WELL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, TECHNOLOGY OR RIGHTS OR FOR ANY AMOUNTS AGGREGATING IN EXCESS OF AMOUNTS PAID TO IT (IN THE CASE OF GEOCITIES) OR (IN THE CASE OF MERCHANT) PAID AND PAYABLE BY IT HEREUNDER IN THE TWELVE MONTH (12) PERIOD BEFORE THE CAUSE OF ACTION AROSE. THE LIMITATIONS OF THIS SECTION 13.3 SHALL NOT APPLY TO EITHER PARTY'S INDEMNITY OBLIGATIONS UNDER SECTION 14 OR TO A PARTY'S BREACH OF SECTION 6.2, 6.4, 6.5, 9.2 OR 11.

LIMITATION OF LIABILITY; DISCLAIMER. 13.1 GEOCITIES MAKES NO REPRESENTATIONS THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. GEOCITIES HAS NO RESPONSIBILITY FOR THE CONTENT, QUALITY AND ACCURACY OF THE PRODUCTS, SERVICES OR WEB SITES OF MERCHANT, AFFILIATES OR BE FREE7.1 Liability. UNDER NO CIRCUMSTANCES WILL GEOCITIES SHALL EITHER PARTY BE RESPONSIBLE OR LIABLE TO MERCHANT THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR ANY OTHER PERSON OR ENTITY FOR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE TRANSACTIONS OR ANY NEGLIGENCE POSSIBILITY OF MERCHANTSUCH DAMAGES), AFFILIATES OR VISITORS. 13.2 GEOCITIES MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SUBJECT MATTER ARISING FROM BREACH OF THIS AGREEMENT INCLUDINGOR THE USE OF OR INABILITY TO USE THE AOL NETWORK OR LICENSED SOFTWARE, SUCH AS, BUT NOT LIMITED TO, WARRANTIES LOSS OF MERCHANTABILITYREVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS (COLLECTIVELY, “DISCLAIMED DAMAGES”); PROVIDED THAT VIEWPOINT SHALL REMAIN LIABLE TO AOL TO THE EXTENT ANY DISCLAIMED DAMAGES ARE AWARDED TO A THIRD PARTY OR INCLUDED IN A SETTLEMENT AND ARE SUBJECT TO INDEMNIFICATION BELOW. AOL SHALL NOT BE LIABLE TO VIEWPOINT WITH RESPECT TO THE LICENSED SOFTWARE FOR ANY AMOUNT IN EXCESS OF THE GREATER OF (A) THE AGGREGATE AMOUNTS PAYABLE HEREUNDER IN THE YEAR IN WHICH THE EVENT GIVING RISE TO SUCH LIABILITY OCCURRED OR (B) $100,000. 7.2 No Additional Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES, AND EACH PARTY HEREBY SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE AOL NETWORK OR THE LICENSED SOFTWARE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR NON-INFRINGEMENTCOURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AOL SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING THE PROFITABILITY OF AOL NETWORK, ANY BENEFIT VIEWPOINT MIGHT OBTAIN FROM INCLUDING THE LICENSED SOFTWARE OR ANY PORTION THEREOF WITHIN THE AOL NETWORK AND (III) THE FUNCTIONALITY, PERFORMANCE OR OPERATION OF THE AOL NETWORK. 13.3 NEITHER PARTY WELL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, TECHNOLOGY OR RIGHTS OR FOR ANY AMOUNTS AGGREGATING IN EXCESS OF AMOUNTS PAID TO IT (IN THE CASE OF GEOCITIES) OR (IN THE CASE OF MERCHANT) PAID AND PAYABLE BY IT HEREUNDER IN THE TWELVE MONTH (12) PERIOD BEFORE THE CAUSE OF ACTION AROSE. THE LIMITATIONS OF THIS SECTION 13.3 SHALL NOT APPLY TO EITHER PARTY'S INDEMNITY OBLIGATIONS UNDER SECTION 14 OR TO A PARTY'S BREACH OF SECTION 6.2, 6.4, 6.5, 9.2 OR 11.

LIMITATION OF LIABILITY; DISCLAIMER. 13.1 GEOCITIES MAKES A. IN NO REPRESENTATIONS THAT EVENT SHALL CAMPUSLOGIC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. GEOCITIES HAS NO RESPONSIBILITY TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER FOR THE CONTENT, QUALITY AND ACCURACY OF CURRENT ANNUAL PERIOD IN WHICH THE PRODUCTS, SERVICES INCIDENT OCCURRED. IN NO EVENT SHALL CAMPUSLOGIC HAVE ANY LIABILITY FOR ANY LOST PROFITS OR WEB SITES OF MERCHANT, AFFILIATES OR BE FREE. UNDER NO CIRCUMSTANCES WILL GEOCITIES BE RESPONSIBLE OR LIABLE TO MERCHANT REVENUES OR ANY OTHER PERSON BUSINES INTERRUPTION OR ENTITY FOR THE TRANSACTIONS DELAY OR ANY NEGLIGENCE LOSS OF MERCHANT, AFFILIATES OR VISITORS. 13.2 GEOCITIES MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 13.3 NEITHER PARTY WELL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, TECHNOLOGY OR RIGHTS DATA OR FOR ANY AMOUNTS AGGREGATING INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN EXCESS CONTRACT, TORT OR UNDER ANY OTHER THEORY OF AMOUNTS PAID LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND RESULTING FROM THE USE OR INABILITY TO IT (IN USE THE CASE SERVICES, ANY PROMOTIONS OR RELATED DONATIONS MADE THROUGH THE SERVICES, OR ANY STATEMENTS OR CONDUCT OF GEOCITIES) OR (IN ANY THIRD PARTY ON THE CASE OF MERCHANT) PAID AND PAYABLE BY IT HEREUNDER IN THE TWELVE MONTH (12) PERIOD BEFORE THE CAUSE OF ACTION AROSESERVICES. THE LIMITATIONS OF THIS SECTION 13.3 FOREGOING SHALL NOT APPLY LIMIT CUSTOMER’S PAYMENT OBLIGATIONS. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. B. CAMPUSLOGIC HAS NO CONTROL OVER THE INFORMATION PROVIDED THROUGH THE SERVICES BY EITHER THE CUSTOMER OR ANY END USER. CAMPUSLOGIC DISCLAIMS ALL LIABILITY TO EITHER PARTY'S INDEMNITY OBLIGATIONS UNDER SECTION 14 THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ARISING OUT OF ANY INFORMATION PROVIDED BY CUSTOMER OR END USER TO A PARTY'S BREACH THE SERVICES. ALL DONATIONS, GIFTS, AND SPONSORSHIPS ARE DONE AT THE SOLE RISK OF SECTION 6.2THE SPONSOR END USER. CAMPUSLOGIC DOES NOT VERIFY THE INFORMATION THAT THE CAMPAIGNERS SUPPLY AND DOES NOT REPRESENT, 6.4WARRANT, 6.5OR GUARANTEE THAT THE DONATIONS, 9.2 GIFTS, OR 11SPONSORSHIPS PROVIDED WILL BE USED FOR ANY PURPOSE OR IN ACCORDANCE WITH APPLICABLE LAWS.

LIMITATION OF LIABILITY; DISCLAIMER. 13.1 GEOCITIES MAKES NO REPRESENTATIONS THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. GEOCITIES HAS NO RESPONSIBILITY FOR THE CONTENT8.1 SevOne’s entire liability, QUALITY AND ACCURACY OF THE PRODUCTSand Customer’s sole and exclusive remedy, SERVICES OR WEB SITES OF MERCHANTfor any and all claims arising under or in connection with the SOW or related to any item or service provided under or in connection with the SOW, AFFILIATES OR BE FREE. UNDER NO CIRCUMSTANCES WILL GEOCITIES BE RESPONSIBLE OR LIABLE TO MERCHANT OR ANY OTHER PERSON OR ENTITY FOR THE TRANSACTIONS OR ANY NEGLIGENCE OF MERCHANTregardless of the form of the action, AFFILIATES OR VISITORSwhether in breach of warranty, contract, tort, strict liability or otherwise will not exceed the aggregate fees actually paid to SevOne under an applicable SOW. 13.2 GEOCITIES MAKES 8.2 IN NO EXPRESS EVENT SHALL SEVONE, NOR ANY OF ITS SUPPLIERS, HAVE ANY LIABILITY TO CUSTOMER OR IMPLIED WARRANTIES A THIRD PARTY WITH RESPECT TO OBLIGATIONS UNDER THE SUBJECT MATTER SOW (REGARDLESS OF THIS AGREEMENT THE FORM OF ACTION, INCLUDING, BUT NOT LIMITED TO ACTIONS FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, RESCISSION AND BREACH OF WARRANTY), OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES LOSS OF MERCHANTABILITYREVENUES AND LOSS OR PROFITS OR OTHER MONETARY LOSS, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENTLOSS OR INTERUPTION OF DATA OR COMPUTER TIME, EVEN IF SEVONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 13.3 NEITHER PARTY WELL BE LIABLE WITH RESPECT 8.3 EXCEPT AS EXPRESSLY STATED IN THE SOW, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING OR RELATING TO THE SERVICES PROVIDED HEREUNDER OR TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACTWORK FURNISHED TO CUSTOMER HEREUNDER OR IN CONNECTION HEREWITH. SEVONE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, TECHNOLOGY OR RIGHTS OR FOR ANY AMOUNTS AGGREGATING IN EXCESS OF AMOUNTS PAID TO IT (IN THE CASE OF GEOCITIES) OR (IN THE CASE OF MERCHANT) PAID AND PAYABLE BY IT HEREUNDER IN THE TWELVE MONTH (12) PERIOD BEFORE THE CAUSE OF ACTION AROSE. THE LIMITATIONS OF THIS SECTION 13.3 SHALL NOT APPLY TO EITHER PARTY'S INDEMNITY OBLIGATIONS UNDER SECTION 14 OR TO A PARTY'S BREACH OF SECTION 6.2, 6.4, 6.5, 9.2 OR 11.INCLUDING WITHOUT LIMITATION THOSE OF

LIMITATION OF LIABILITY; DISCLAIMER. 13.1 GEOCITIES MAKES NO REPRESENTATIONS THAT THE OPERATION OPERATIONS OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. GEOCITIES HAS NO RESPONSIBILITY FOR THE CONTENT, QUALITY AND ACCURACY OF THE PRODUCTS, SERVICES OR WEB SITES WEBSITES OF MERCHANT, AFFILIATES OR BE FREEBEFREE. UNDER NO CIRCUMSTANCES WILL GEOCITIES BE RESPONSIBLE OR LIABLE TO MERCHANT OR ANY OTHER PERSON OR ENTITY FOR THE TRANSACTIONS OR ANY NEGLIGENCE OF MERCHANT, AFFILIATES EITHER MERCHANT OR VISITORSAFFILIATES. 13.2 GEOCITIES MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT INCLUDING, INCLUDING BUT NOT LIMITED TO, TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 13.3 NEITHER PARTY WELL GEOCITIES WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, TECHNOLOGY OR RIGHTS OR FOR ANY AMOUNTS AGGREGATING IN EXCESS OF AMOUNTS PAID TO IT (IN THE CASE OF GEOCITIES) OR (IN THE CASE OF MERCHANT) PAID AND PAYABLE BY IT HEREUNDER IN THE TWELVE MONTH (12) PERIOD BEFORE THE CAUSE OF ACTION AROSE. THE LIMITATIONS OF THIS SECTION 13.3 SHALL NOT APPLY TO EITHER PARTY'S INDEMNITY OBLIGATIONS UNDER SECTION 14 OR TO A PARTY'S BREACH OF SECTION 6.2, 6.4, 6.5, 9.2 OR 11.

LIMITATION OF LIABILITY; DISCLAIMER. 13.1 GEOCITIES MAKES NO REPRESENTATIONS THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. GEOCITIES HAS NO RESPONSIBILITY FOR THE CONTENT, QUALITY AND ACCURACY OF THE PRODUCTS, SERVICES OR WEB SITES OF MERCHANT, AFFILIATES OR BE FREE(a) Liability. UNDER NO CIRCUMSTANCES WILL GEOCITIES SHALL EITHER PARTY BE RESPONSIBLE OR LIABLE TO MERCHANT THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY OTHER PERSON OR ENTITY FOR THE TRANSACTIONS OR ANY NEGLIGENCE OF MERCHANT, AFFILIATES OR VISITORS. 13.2 GEOCITIES MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SUBJECT MATTER PROVISION OF THIS AGREEMENT INCLUDINGAGREEMENT, SUCH AS, BUT NOT LIMITED TO, WARRANTIES LOSS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE REVENUE OR NON-INFRINGEMENT. 13.3 NEITHER PARTY WELL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY ANTICIPATED PROFITS OR OTHER THEORY FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, TECHNOLOGY OR RIGHTS OR FOR ANY AMOUNTS AGGREGATING IN EXCESS OF AMOUNTS PAID TO IT (IN THE CASE OF GEOCITIES) OR (IN THE CASE OF MERCHANT) PAID AND PAYABLE BY IT HEREUNDER IN THE TWELVE MONTH (12) PERIOD BEFORE THE CAUSE OF ACTION AROSELOST BUSINESS. THE LIMITATIONS OF THIS SECTION 13.3 SHALL NOT APPLY TO EITHER PARTY'S INDEMNITY OBLIGATIONS UNDER SECTION 14 OR LIABILITY, EXCEPT FOR CLAIMS RELATING TO INFRINGEMENT OF A PARTY'S BREACH INTELLECTUAL PROPERTY RIGHTS (WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE AND NOTWITHSTANDING ANY FAULT, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OF SECTION 6.2INFOSPACE) UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF THE PRODUCTS OR SERVICES RENDERED BY INFOSPACE UNDER THIS AGREEMENT (INCLUDING ANY SERVERS OR OTHER HARDWARE, 6.4SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY INFOSPACE OR ANY THIRD PARTIES IN CONNECTION WITH HOSTING THE CO-BRAND PAGES), 6.5, 9.2 THE INFOSPACE WEB SITES AND ANY OTHER ITEMS OR 11SERVICES FURNISHED UNDER THIS AGREEMENT WILL IN NO EVENT EXCEED THE COMPENSATION PAID BY COMPANY TO INFOSPACE UNDER THIS AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER. 13.1 GEOCITIES MAKES NO REPRESENTATIONS THAT 20.1 TO THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. GEOCITIES HAS NO RESPONSIBILITY FOR THE CONTENTMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUALITY AND ACCURACY OF THE PRODUCTS, SERVICES OR WEB SITES OF MERCHANT, AFFILIATES OR BE FREE. UNDER NO CIRCUMSTANCES WILL GEOCITIES SHALL MOJANG OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE TO MERCHANT SLG FOR (1) ANY CLAIMS OR DAMAGES UNDER THIS AGREEMENT REGARDLESS OF THEORY OF LIABILITY, WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY OTHER PERSON STATUTORY DUTY, PRINCIPLES OF INDEMNITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR ENTITY OTHERWISE, OR (2) FOR ANY SPECIAL, CONSEQUENTIAL, RELIANCE, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING LOST PROFITS, REVENUE OR GOODWILL. IN NO EVENT SHALL MOJANG’S LIABILITY TO SLG ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE TRANSACTIONS OR ANY NEGLIGENCE OF MERCHANT, AFFILIATES OR VISITORSTOTAL AMOUNTS PAID BY SLG TO MOJANG HEREUNDER. 13.2 GEOCITIES MAKES NO EXPRESS 20.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOJANG DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR IMPLIED WARRANTIES STATUTORY WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT INCLUDINGLICENSE, BUT NOT LIMITED TOTHE LICENSED ACTIVITES, WARRANTIES OF MERCHANTABILITYAND THE MINECRAFT IP, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 13.3 NEITHER PARTY WELL BE LIABLE INCLUDING WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACTVALIDITY, NEGLIGENCENONINFRINGEMENT, STRICT LIABILITY OR OTHER THEORY FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, TECHNOLOGY OR RIGHTS OR MERCHANTABILITY AND FITNESS FOR ANY AMOUNTS AGGREGATING IN EXCESS OF AMOUNTS PAID TO IT (IN THE CASE OF GEOCITIES) OR (IN THE CASE OF MERCHANT) PAID AND PAYABLE BY IT HEREUNDER IN THE TWELVE MONTH (12) PERIOD BEFORE THE CAUSE OF ACTION AROSE. THE LIMITATIONS OF THIS SECTION 13.3 SHALL NOT APPLY TO EITHER PARTY'S INDEMNITY OBLIGATIONS UNDER SECTION 14 OR TO A PARTY'S BREACH OF SECTION 6.2, 6.4, 6.5, 9.2 OR 11PARTICULAR PURPOSE.

LIMITATION OF LIABILITY; DISCLAIMER. 13.1 GEOCITIES MAKES 5.1 EXCEPT FOR EITHER PARTY'S LIABILITY FOR THIRD PARTY CLAIMS AS SPECIFIED IN ARTICLE 9 BELOW OR IN APPENDIX A, SECTION C(7), OR ANY PARTY'S BREACH OF ARTICLE 3, OR DAMAGES ARISING FROM PERSONAL INJURY, IN NO EVENT SHALL CONTENT PROVIDER, INFOSEEK, GO PARTNERS OR ANY OF THEIR AFFILIATES BE LIABLE TO ANY OTHER PARTY OR ITS AFFILIATES FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY NATURE, EVEN IF SUCH PARTY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR OTHER FAULT OF ANY PARTY AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY. 5.2 EXCEPT AS SET FORTH IN ARTICLE 4, CONTENT PARTNER, INFOSEEK AND THE GO PARTNERS MAKE NO, AND EACH PARTY ACKNOWLEDGES THAT EACH PARTY HAS NOT MADE ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS THAT OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, THE CONTENT PARTNER CONTENT, GO PARTNERS, THE XXXXXX.XXX SITE, OR THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. GEOCITIES HAS NO RESPONSIBILITY FOR CONTENT PARTNER CONTENT ON THE CONTENTSERVICE, QUALITY AND ACCURACY OF THE PRODUCTS, SERVICES OR WEB SITES OF MERCHANT, AFFILIATES OR BE FREE. UNDER NO CIRCUMSTANCES WILL GEOCITIES BE RESPONSIBLE OR LIABLE TO MERCHANT OR ANY OTHER PERSON OR ENTITY FOR THE TRANSACTIONS OR ANY NEGLIGENCE OF MERCHANT, AFFILIATES OR VISITORS. 13.2 GEOCITIES MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, WARRANTIES TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENTPURPOSE. 13.3 NEITHER PARTY WELL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, TECHNOLOGY OR RIGHTS OR FOR ANY AMOUNTS AGGREGATING IN EXCESS OF AMOUNTS PAID TO IT (IN THE CASE OF GEOCITIES) OR (IN THE CASE OF MERCHANT) PAID AND PAYABLE BY IT HEREUNDER IN THE TWELVE MONTH (12) PERIOD BEFORE THE CAUSE OF ACTION AROSE. THE LIMITATIONS OF THIS SECTION 13.3 SHALL NOT APPLY TO EITHER PARTY'S INDEMNITY OBLIGATIONS UNDER SECTION 14 OR TO A PARTY'S BREACH OF SECTION 6.2, 6.4, 6.5, 9.2 OR 11.

LIMITATION OF LIABILITY; DISCLAIMER. 13.1 GEOCITIES MAKES NO REPRESENTATIONS THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. GEOCITIES HAS NO RESPONSIBILITY FOR THE CONTENT, QUALITY AND ACCURACY OF THE PRODUCTS, SERVICES OR WEB SITES OF MERCHANT, AFFILIATES OR BE FREE(a) Liability. UNDER NO CIRCUMSTANCES WILL GEOCITIES SHALL EITHER PARTY BE RESPONSIBLE OR LIABLE TO MERCHANT THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY OTHER PERSON OR ENTITY FOR THE TRANSACTIONS OR ANY NEGLIGENCE OF MERCHANT, AFFILIATES OR VISITORS. 13.2 GEOCITIES MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SUBJECT MATTER PROVISION OF THIS AGREEMENT INCLUDINGAGREEMENT, SUCH AS, BUT NOT LIMITED TO, WARRANTIES LOSS OF MERCHANTABILITYREVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. NEITHER INFOSPACE'S NOR COMPANY'S LIABILITY (WHETHER ARISING IN TORT, FITNESS FOR A PARTICULAR PURPOSE CONTRACT OR NON-INFRINGEMENT. 13.3 NEITHER PARTY WELL BE LIABLE OTHERWISE AND NOTWITHSTANDING ANY FAULT, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OF SUCH PARTY) UNDER THIS AGREEMENT OR WITH RESPECT REGARD TO ANY SUBJECT MATTER OF THE PRODUCTS OR SERVICES RENDERED BY EITHER PARTY UNDER THIS AGREEMENT UNDER (INCLUDING ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY SERVERS OR OTHER THEORY FOR COST OF PROCUREMENT OF SUBSTITUTE GOODSHARDWARE, SERVICESSOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY INFOSPACE OR ANY THIRD PARTIES IN CONNECTION WITH HOSTING THE PHONE SITE), TECHNOLOGY THE INFOSPACE WEB SITES, THE CONTENT AND ANY OTHER ITEMS OR RIGHTS SERVICES FURNISHED UNDER THIS AGREEMENT WILL IN NO EVENT EXCEED THE COMPENSATION PAID OR FOR ANY AMOUNTS AGGREGATING IN EXCESS OF AMOUNTS PAID TO IT (IN THE CASE OF GEOCITIES) OR (IN THE CASE OF MERCHANT) PAID AND PAYABLE BY IT HEREUNDER IN THE TWELVE MONTH (12) PERIOD BEFORE THE CAUSE OF ACTION AROSE. THE LIMITATIONS OF COMPANY TO INFOSPACE UNDER THIS SECTION 13.3 SHALL NOT APPLY TO EITHER PARTY'S INDEMNITY OBLIGATIONS UNDER SECTION 14 OR TO A PARTY'S BREACH OF SECTION 6.2, 6.4, 6.5, 9.2 OR 11AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER. 13.1 GEOCITIES MAKES NO REPRESENTATIONS THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. GEOCITIES HAS NO RESPONSIBILITY FOR THE CONTENT, QUALITY AND ACCURACY OF THE PRODUCTS, SERVICES OR WEB SITES OF MERCHANT, AFFILIATES OR BE FREE(a) Liability. UNDER NO CIRCUMSTANCES WILL GEOCITIES SHALL EITHER PARTY BE RESPONSIBLE OR LIABLE TO MERCHANT THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY OTHER PERSON OR ENTITY FOR THE TRANSACTIONS OR ANY NEGLIGENCE OF MERCHANT, AFFILIATES OR VISITORS. 13.2 GEOCITIES MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SUBJECT MATTER PROVISION OF THIS AGREEMENT INCLUDINGAGREEMENT, SUCH AS, BUT NOT LIMITED TO, WARRANTIES LOSS OR REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. NEITHER INFOSPACE NOR COMPANY'S LIABILITY (WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE AN NOTWITHSTANDING ANY FAULT, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE SUCH PARTY) UNDER THIS AGREEMENT OR NON-INFRINGEMENT. 13.3 NEITHER PARTY WELL BE LIABLE WITH RESPECT REGARD TO ANY SUBJECT MATTER OF THE PRODUCTS OR SERVICES RENDERED BY EITHER PARTY UNDER THIS AGREEMENT UNDER (INCLUDING ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY SERVERS OR OTHER THEORY FOR COST OF PROCUREMENT OF SUBSTITUTE GOODSHARDWARE, SERVICESSOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY INFOSPACE, TECHNOLOGY COMPANY, OR RIGHTS ANY THIRD PARTIES IN CONNECTION WITH HOSTING THE CO-BRANDED PAGES OR FOR PROVIDING CONTENT), THE INFOSPACE WEB SITES AND ANY AMOUNTS AGGREGATING OTHER ITEMS OR SERVICES FURNISHED UNDER THIS AGREEMENT. IN EXCESS OF AMOUNTS NO EVENT WILL INFOSPACE OR COMPANY'S AGGREGATE LIABILITY TO THE OTHER UNDER THIS AGREEMENT EXCEED THE COMPENSATION PAID BY COMPANY TO IT (IN THE CASE OF GEOCITIES) OR (IN THE CASE OF MERCHANT) PAID AND PAYABLE BY IT HEREUNDER IN THE TWELVE MONTH (12) PERIOD BEFORE THE CAUSE OF ACTION AROSE. THE LIMITATIONS OF INFOSPACE UNDER THIS SECTION 13.3 SHALL NOT APPLY TO EITHER PARTY'S INDEMNITY OBLIGATIONS UNDER SECTION 14 OR TO A PARTY'S BREACH OF SECTION 6.2, 6.4, 6.5, 9.2 OR 11AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER. 13.1 GEOCITIES MAKES NO REPRESENTATIONS THAT THE OPERATION OF THE SERVICE (a) NEITHER PARTY WILL BE UNINTERRUPTED OR ERROR FREE. GEOCITIES HAS NO RESPONSIBILITY FOR THE CONTENT, QUALITY AND ACCURACY OF THE PRODUCTS, SERVICES OR WEB SITES OF MERCHANT, AFFILIATES OR BE FREE. UNDER NO CIRCUMSTANCES WILL GEOCITIES BE RESPONSIBLE OR LIABLE TO MERCHANT THE OTHER PARTY FOR ANY CLAIMS FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, BUSINESS INTERRUPTION, EXEMPLARY, OR ANY OTHER PERSON INDIRECT DAMAGES OR ENTITY FOR LOST PROFITS, ARISING UNDER STATUTE, IN TORT OR CONTRACT OR OTHERWISE IN CONNECTION WITH OR RESULTING FROM THE TRANSACTIONS OR ANY NEGLIGENCE OF MERCHANT, AFFILIATES OR VISITORS. 13.2 GEOCITIES MAKES NO EXPRESS OR IMPLIED WARRANTIES PARTIES’ PERFORMANCE UNDER THIS AGREEMENT. THE FOREGOING LIMITATION WILL NOT APPLY TO LIMIT EITHER PARTY’S LIABILITY WITH RESPECT TO (A) A PARTY’S BREACH OF THE SUBJECT MATTER CONFIDENTIALITY PROVISION IN ARTICLE 9, (B) A PARTY’S BREACH OF THIS AGREEMENT THE EXCLUSIVITY PROVISIONS IN SECTION 2.7 (B) A PARTY’S FRAUD OR WILLFUL MISCONDUCT, AND (C) THE OBLIGATIONS OF EACH PARTY FOR THE INDEMNIFICATION OF THIRD PARTY CLAIMS UNDER ARTICLE 11. (b) EXCEPT FOR (A) A PARTY’S BREACH OF THE CONFIDENTIALITY PROVISIONS IN ARTICLE 9, (B) A PARTY’S BREACH OF THE EXCLUSIVITY PROVISIONS IN SECTION 2.7, (C) A PARTY’S FRAUD OR WILLFUL MISCONDUCT, (D) A PARTY’S BREACH OF ITS ASSIGNMENT AND TRANSFER OBLIGATIONS, AND (E) THE OBLIGATIONS OF EACH PARTY FOR THE INDEMNIFICATION OF THIRD PARTY CLAIMS UNDER ARTICLE 11, IN NO EVENT WILL EITHER PARTY’S LIABILITY TO THE OTHER FOR ANY CLAIM OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, WARRANTIES NEGLIGENCE) FOR ANY LOSS OR DAMAGE ARISING OUT OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 13.3 NEITHER PARTY WELL BE LIABLE IN CONNECTION WITH RESPECT TO ANY SUBJECT MATTER OF OR RESULTING FROM THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, TECHNOLOGY FROM PERFORMANCE OR RIGHTS OR FOR ANY AMOUNTS AGGREGATING IN EXCESS OF AMOUNTS PAID TO IT (IN THE CASE OF GEOCITIES) OR (IN THE CASE OF MERCHANT) PAID AND PAYABLE BY IT HEREUNDER IN THE TWELVE MONTH (12) PERIOD BEFORE THE CAUSE OF ACTION AROSE. THE LIMITATIONS OF THIS SECTION 13.3 SHALL NOT APPLY TO EITHER PARTY'S INDEMNITY OBLIGATIONS UNDER SECTION 14 OR TO A PARTY'S BREACH OF SECTION 6.2, 6.4, 6.5, 9.2 OR 11THEREOF EXCEED $5,000,000.