Common use of Limitation of Remedies and Damages Clause in Contracts

Limitation of Remedies and Damages. 8.1 Liability Cap. EXCEPT WITH RESPECT TO: (A) EITHER PARTY'S OBLIGATIONS UNDER SECTION 9 8.2 EXCEPT FOR CUSTOMER’S INFRINGEMENT OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL EITHER PARTY, OR SYSDIG’S AFFILIATES OR ITS LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN OF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8.3 Limitations Fair and Reasonable. EACH PARTY ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 8 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES UNDER THIS AGREEMENT, AND THAT IN THE ABSENCE OF SUCH LIMITATIONS OF LIABILITY, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENT.

Limitation of Remedies and Damages. 8.1 Liability Cap. EXCEPT WITH RESPECT TOa. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING WARRANTY SHALL BE THAT: (A) EITHER PARTYNIKU WILL ENDEAVOR TO CORRECT WITHIN A REASONABLE TIME ANY REPORTED FAILURE OF THE SOFTWARE TO SUBSTANTIALLY CONFORM TO OR PERFORM SUBSTANTIALLY IN ACCORDANCE WITH NIKU'S OBLIGATIONS UNDER SECTION 9PUBLISHED USER DOCUMENTATION, OR (B) IN THE EVENT THAT NIKU SHALL FAIL OR BE UNABLE FOR ANY REASON TO CORRECT ANY FAILURE OF THE SOFTWARE TO SUBSTANTIALLY CONFORM TO OR PERFORM SUBSTANTIALLY IN ACCORDANCE WITH NIKU'S PUBLISHED USER DOCUMENTATION, CUSTOMER MAY TERMINATE THIS AGREEMENT, AND NIKU WILL REFUND TO CUSTOMER THE FULL AMOUNT OF THE MAINTENANCE FEES ALREADY PAID WITH RESPECT TO SUCH SOFTWARE FOR SERVICE BEYOND THE EFFECTIVE DATE OF TERMINATION, PRORATED ON A DAILY BASIS. 8.2 EXCEPT FOR CUSTOMER’S INFRINGEMENT OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTS, b. IN NO EVENT SHALL EITHER PARTY, OR SYSDIG’S AFFILIATES OR ITS LICENSORS NIKU BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE INDIRECT OR EXEMPLARY SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN OF A PARTY HAS BEEN IF ADVISED OF THE POSSIBILITY POTENTIAL OF SUCH DAMAGES. 8.3 Limitations Fair and Reasonable. EACH PARTY ACKNOWLEDGES THAT NIKU'S ENTIRE LIABILITY TO CUSTOMER, REGARDLESS OF THE LIMITATIONS FORM OF LIABILITY SET FORTH IN THIS SECTION 8 REFLECT ACTION, SHALL BE LIMITED TO THE ALLOCATION OF RISK BETWEEN THE PARTIES UNDER FEES PAID BY CUSTOMER TO NIKU PURSUANT TO THIS AGREEMENT, AND THAT IN THE ABSENCE OF SUCH LIMITATIONS OF LIABILITY, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENT.

Limitation of Remedies and Damages. 8.1 Liability Cap. EXCEPT WITH RESPECT TO: AS TO “EXCLUDED CLAIMS,” TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THE AGREEMENT: (A) EITHER NEITHER PARTY NOR ITS AFFILIATES SHALL BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, INTERRUPTION OF BUSINESS, COSTS OF DELAY, LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE; (B) SUBJECT TO SUBSECTION (C) BELOW, EACH PARTY'S OBLIGATIONS ’S AND ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY AND ITS AFFILIATES FOR ALL CLAIMS IN THE AGGREGATE (FOR DAMAGES OR LIABILITY OF ANY TYPE), SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE TO RESELLER IN THE PRIOR 12 MONTHS UNDER SECTION 9THE APPLICABLE ORDER FORM(S) OR SOW TO WHICH SUCH LIABILITY RELATES (“GENERAL LIABILITY CAP”); 8.2 EXCEPT (C) IN THE CASE OF “DATA PROTECTION CLAIMS,” EACH PARTY’S AND ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY AND ITS AFFILIATES FOR CUSTOMER’S INFRINGEMENT ALL CLAIMS IN THE AGGREGATE (FOR DAMAGES OR LIABILITY OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTS, ANY TYPE) SHALL NOT EXCEED TWO TIMES (2X) THE GENERAL LIABILITY CAP; (D) IN NO EVENT SHALL EITHER PARTY, OR SYSDIG’S AFFILIATES PARTY (OR ITS LICENSORS RESPECTIVE AFFILIATES) BE LIABLE FOR ANY CONSEQUENTIALTHE SAME EVENT UNDER BOTH THE GENERAL LIABILITY CAP AND THE DATA PROTECTION CLAIMS CAP. SIMILARLY, INCIDENTALTHOSE CAPS SHALL NOT BE CUMULATIVE; IF A PARTY (AND/OR ITS AFFILIATES) HAS ONE OR MORE CLAIMS SUBJECT TO EACH OF THOSE CAPS, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, THE MAXIMUM TOTAL LIABILITY FOR ALL CLAIMS IN CONNECTION WITH OR ARISING OUT THE AGGREGATE SHALL NOT EXCEED THE DATA PROTECTION CLAIMS CAP; (E) THE PARTIES AGREE THAT THIS SECTION 9 WILL APPLY REGARDLESS OF THE PERFORMANCE FORM OF OR FAILURE TO PERFORM THIS AGREEMENTACTION, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCTIN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE AGREEMENT IS FOUND TO HAVE FAILED OF A PARTY HAS BEEN ADVISED OF ITS ESSENTIAL PURPOSE; AND (F) THE POSSIBILITY OF SUCH DAMAGES. 8.3 Limitations Fair and Reasonable. EACH PARTY ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY APPLICABLE MONETARY CAPS SET FORTH IN THIS SECTION 8 REFLECT 9 SHALL APPLY ACROSS THE ALLOCATION OF RISK BETWEEN THE PARTIES UNDER THIS AGREEMENT, AGREEMENT AND THAT IN THE ABSENCE OF SUCH LIMITATIONS OF LIABILITY, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENTANY AND ALL SEPARATE AGREEMENT(S) ON AN AGGREGATED BASIS.

Limitation of Remedies and Damages. 8.1 Liability Cap. EXCEPT WITH RESPECT TO: AS TO “EXCLUDED CLAIMS,” TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THE AGREEMENT: (A) EITHER NEITHER PARTY NOR ITS AFFILIATES SHALL BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, INTERRUPTION OF BUSINESS, COSTS OF DELAY, COVER COSTS, LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE; (B) SUBJECT TO SUBSECTION (C) BELOW, EACH PARTY'S OBLIGATIONS ’S AND ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY AND ITS AFFILIATES FOR ALL CLAIMS IN THE AGGREGATE (FOR DAMAGES OR LIABILITY OF ANY TYPE), SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE TO RESELLER IN THE PRIOR TWELVE (12) MONTHS UNDER SECTION 9THE APPLICABLE ORDER FORM(S) OR SOW TO WHICH SUCH LIABILITY RELATES (“GENERAL LIABILITY CAP”); 8.2 EXCEPT (C) IN THE CASE OF “DATA PROTECTION CLAIMS,” EACH PARTY’S AND ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY AND ITS AFFILIATES FOR CUSTOMER’S INFRINGEMENT ALL CLAIMS IN THE AGGREGATE (FOR DAMAGES OR LIABILITY OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTS, ANY TYPE) SHALL NOT EXCEED TWO TIMES (2X) THE AMOUNT ACTUALLY PAID OR PAYABLE TO RESELLER IN THE PRIOR TWELVE (12) MONTHS UNDER THE APPLICABLE ORDER FORM(S) OR SOW TO WHICH SUCH LIABILITY RELATES (“DATA PROTECTION CLAIMS CAP”); (D) IN NO EVENT SHALL EITHER PARTY, OR SYSDIG’S AFFILIATES PARTY (OR ITS LICENSORS RESPECTIVE AFFILIATES) BE LIABLE FOR ANY CONSEQUENTIALTHE SAME EVENT UNDER BOTH THE GENERAL LIABILITY CAP AND THE DATA PROTECTION CLAIMS CAP. SIMILARLY, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE THOSE CAPS SHALL NOT BE CUMULATIVE; IF A PARTY (AND/OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS ITS AFFILIATES) HAS ONE OR SERVICES, MORE CLAIMS SUBJECT TO THE “GENERAL LIABILITY CAP” AND THE “DATA PROTECTION CLAIMS CAP,” THE MAXIMUM TOTAL LIABILITY FOR ALL CLAIMS IN CONNECTION WITH OR ARISING OUT THE AGGREGATE SHALL NOT EXCEED THE “DATA PROTECTION CLAIMS CAP”; (E) THE PARTIES AGREE THAT THIS SECTION WILL APPLY REGARDLESS OF THE PERFORMANCE FORM OF OR FAILURE TO PERFORM THIS AGREEMENTACTION, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCTIN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE AGREEMENT IS FOUND TO HAVE FAILED OF A PARTY HAS BEEN ADVISED OF ITS ESSENTIAL PURPOSE; AND (F) THE POSSIBILITY OF SUCH DAMAGES. 8.3 Limitations Fair and Reasonable. EACH PARTY ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY APPLICABLE MONETARY CAPS SET FORTH IN THIS SECTION 8 REFLECT SHALL APPLY, ON AN AGGREGATE BASIS, ACROSS THE ALLOCATION AGREEMENT AND ANY AND ALL SEPARATE AGREEMENT(S) GOVERNING USE OF RISK THE “SNOWFLAKE OFFERINGS” ENTERED INTO BETWEEN THE PARTIES UNDER THIS AGREEMENT, RESELLER AND THAT IN THE ABSENCE YOU OR ANY OF SUCH LIMITATIONS OF LIABILITY, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENTYOUR “AFFILIATES”.

Limitation of Remedies and Damages. 8.1 Liability Cap. EXCEPT FOR BREACHES OF SECTION 12 PERTAINING TO CONFIDENTIALITY AND THE INDEMNITY OBLIGATIONS IN SECTION 15, NEITHER PARTY SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO: TO ANY SUBJECT MATTER OF THIS LICENSE AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) EITHER PARTY'S OBLIGATIONS UNDER SECTION 9 8.2 EXCEPT FOR CUSTOMER’S INFRINGEMENT LOSS OR INACCURACY OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL EITHER PARTY, DATA OR SYSDIG’S AFFILIATES OR ITS LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGS, COSTS COST OF PROCUREMENT OF SUBSTITUTE GOODS GOODS, SERVICES OR SERVICESTECHNOLOGY, IN CONNECTION WITH OR (B) FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, ARISING OUT OF THE PERFORMANCE USE OF OR FAILURE INABILITY TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCEUSE THE LICENSED PRODUCTS, EVEN OF A IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8.3 Limitations Fair and Reasonable. EACH PARTY ACKNOWLEDGES THAT EXCEPT FOR BREACHES OF SECTION 12 PERTAINING TO CONFIDENTIALITY AND INDEMNITY OBLIGATIONS IN SECTION 15, IN NO EVENT WILL A PARTY'S LIABILITY EXCEED THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 8 REFLECT THE ALLOCATION OF RISK BETWEEN TOTAL ROYALTIES PAID BY THE PARTIES UNDER PURSUANT TO THIS AGREEMENT. NEITHER PARTY SHALL BE RESPONSIBLE FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. Because some jurisdictions do not allow the exclusion or limitation of liability of consequential or incidental damages, AND THAT IN THE ABSENCE OF SUCH LIMITATIONS OF LIABILITY, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENTthe above limitation may not apply.

Limitation of Remedies and Damages. 8.1 Liability Cap. EXCEPT WITH RESPECT TO: FOR (i) CUSTOMER’S INDEMNIFICATION OBLIGATIONS (OR WARRANTY AS APPLICABLE TO U.S. GOVERNMENT CUSTOMERS) UNDER SECTION 2.2 (USE OBLIGATIONS) AND (ii) EITHER PARTY’S OBLIGATIONS UNDER SECTION 5 (CONFIDENTIALITY) (BUT EXCLUDING OBLIGATIONS AND/OR CLAIMS RELATING TO CUSTOMER DATA), TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (A) EITHER PARTY'S OBLIGATIONS UNDER SECTION 9 8.2 EXCEPT FOR CUSTOMER’S INFRINGEMENT OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT NEITHER PARTY NOR ITS AFFILIATES SHALL EITHER PARTY, OR SYSDIG’S AFFILIATES BE LIABLE TO THE OTHER PARTY OR ITS LICENSORS BE LIABLE AFFILIATES FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF LOST OR INACCURATE DATA, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGSINTERRUPTION OF BUSINESS, COSTS OF PROCUREMENT DELAY, COVER COSTS, LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF SUBSTITUTE GOODS OR SERVICES, IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCEANY KIND, EVEN OF A PARTY HAS BEEN ADVISED IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.DAMAGES IN ADVANCE; 8.3 Limitations Fair and Reasonable. (B) EACH PARTY’S AND ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY ACKNOWLEDGES AND ITS AFFILIATES FOR ALL CLAIMS IN THE AGGREGATE (FOR DAMAGES OR LIABILITY OF ANY TYPE), SHALL NOT EXCEED FIFTY THOUSAND DOLLARS (USD $50,000.00); (C) THE PARTIES AGREE THAT THIS SECTION WILL APPLY REGARDLESS OF THE LIMITATIONS FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; AND (D) THE APPLICABLE MONETARY CAPS SET FORTH IN THIS SECTION 8 REFLECT SHALL APPLY, ON AN AGGREGATE BASIS, ACROSS THE ALLOCATION AGREEMENT AND ANY AND ALL SEPARATE AGREEMENT(S) GOVERNING USE OF RISK THE “SNOWFLAKE OFFERINGS” ENTERED INTO BETWEEN THE PARTIES UNDER THIS AGREEMENT, RESELLER AND THAT IN THE ABSENCE YOU OR ANY OF SUCH LIMITATIONS OF LIABILITY, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENTYOUR “AFFILIATES”.

Limitation of Remedies and Damages. 8.1 Liability Cap. EXCEPT WITH RESPECT TO: AS TO “EXCLUDED CLAIMS,” TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (A) EITHER NEITHER PARTY NOR ITS AFFILIATES SHALL BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, INTERRUPTION OF BUSINESS, COSTS OF DELAY, LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE; (B) SUBJECT TO SUBSECTION (C) BELOW, EACH PARTY'S OBLIGATIONS ’S AND ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY AND ITS AFFILIATES FOR ALL CLAIMS IN THE AGGREGATE (FOR DAMAGES OR LIABILITY OF ANY TYPE), SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE BY CUSTOMER TO SNOWFLAKE IN THE PRIOR 12 MONTHS UNDER SECTION 9THE APPLICABLE ORDER FORM(S) OR SOW TO WHICH SUCH LIABILITY RELATES (“GENERAL LIABILITY CAP”); 8.2 EXCEPT (C) IN THE CASE OF “DATA PROTECTION CLAIMS,” EACH PARTY’S AND ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY AND ITS AFFILIATES FOR CUSTOMER’S INFRINGEMENT ALL CLAIMS IN THE AGGREGATE (FOR DAMAGES OR LIABILITY OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTS, ANY TYPE) SHALL NOT EXCEED TWO TIMES (2X) THE “GENERAL LIABILITY CAP”; (D) IN NO EVENT SHALL EITHER PARTY, OR SYSDIG’S AFFILIATES PARTY (OR ITS LICENSORS RESPECTIVE AFFILIATES) BE LIABLE FOR ANY CONSEQUENTIALTHE SAME EVENT UNDER BOTH THE GENERAL LIABILITY CAP AND THE DATA PROTECTION CLAIMS CAP. SIMILARLY, INCIDENTALTHOSE CAPS SHALL NOT BE CUMULATIVE; IF A PARTY (AND/OR ITS AFFILIATES) HAS ONE OR MORE CLAIMS SUBJECT TO EACH OF THOSE CAPS, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, THE MAXIMUM TOTAL LIABILITY FOR ALL CLAIMS IN CONNECTION WITH OR ARISING OUT THE AGGREGATE SHALL NOT EXCEED THE DATA PROTECTION CLAIMS CAP; (E) THE PARTIES AGREE THAT THIS SECTION 12 WILL APPLY REGARDLESS OF THE PERFORMANCE FORM OF OR FAILURE TO PERFORM THIS AGREEMENTACTION, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCTIN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF A PARTY HAS BEEN ADVISED OF ITS ESSENTIAL PURPOSE; AND (F) THE POSSIBILITY OF SUCH DAMAGES. 8.3 Limitations Fair and Reasonable. EACH PARTY ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY APPLICABLE MONETARY CAPS SET FORTH IN THIS SECTION 8 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES UNDER THIS AGREEMENT, AND THAT IN THE ABSENCE OF SUCH LIMITATIONS OF LIABILITY, THE ECONOMIC TERMS OF 12 SHALL APPLY ACROSS THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENTAND ANY AND ALL SEPARATE AGREEMENT(S) ON AN AGGREGATED BASIS, WITHOUT REGARD TO WHETHER ANY INDIVIDUAL CUSTOMER AFFILIATES HAVE EXECUTED A SEPARATE AGREEMENT IN ACCORDANCE WITH SECTION 1.2 (AFFILIATES).

Limitation of Remedies and Damages. 8.1 Liability Cap. EXCEPT LICENSOR SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO: TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, TORT (AINCLUDING NEGLIGENCE OR OTHERWISE), STRICT LIABILITY OR OTHER THEORY (i) EITHER PARTY'S OBLIGATIONS UNDER SECTION 9 8.2 EXCEPT FOR CUSTOMER’S INFRINGEMENT INTERRUPTION OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL EITHER PARTYUSE, OR SYSDIG’S AFFILIATES FOR LOSS OR ITS LICENSORS BE LIABLE INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (ii) FOR ANY CONSEQUENTIALINDIRECT, INCIDENTAL, SPECIAL, INDIRECTEXEMPLARY, PUNITIVE PUNITIVE, OR EXEMPLARY CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITSINCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS PROFITS OR SERVICES, IN CONNECTION (iii) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. LICENSOR’S LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE WITH OR ARISING OUT OF THE PERFORMANCE OF OR FAILURE RESPECT TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN OF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8.3 Limitations Fair and Reasonable. EACH PARTY ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 8 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES UNDER THIS AGREEMENT, AND THAT IN THE ABSENCE OF SUCH LIMITATIONS OF LIABILITY, THE ECONOMIC TERMS ANY SUBJECT MATTER OF THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENTUNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE OR OTHERWISE), STRICT LIABILITY OR OTHER THEORY WHATSOEVER. LICENSOR’S AGGREGATE LIABILITY FOR ALL CLAIMS, ACTIONS AND/OR OMISSIONS ARISING FROM OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT OF FEES PAID FOR THE SERVICES, TO MOTOROLA OR ANOTHER PARTY, IN THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM ARISES. THESE LIMITATIONS WILL APPLY EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

Limitation of Remedies and Damages. 8.1 a) Liability Cap. EXCEPT WITH RESPECT TO: (A) EITHER PARTY'S OBLIGATIONS UNDER SECTION 9 8.2 EXCEPT FOR CUSTOMER’S INFRINGEMENT OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL EITHER PARTY, OR SYSDIG’S AFFILIATES WILL RHO IMPACT OR ITS THIRD PARTY SUPPLIERS OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIALLOSS, DAMAGE OR LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY DATA PROCESSING AGREEMENT ENTERED INTO IN CONNECTION HEREWITH, UNDER ANY THEORY OF LIABILITY, FOR ANY AMOUNTS, IN THE AGGREGATE, IN EXCESS OF THE FEES PAID OR PAYABLE TO RHO IMPACT FOR THE SOFTWARE SERVICES IN THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD. b) Damages Exclusion. IN NO EVENT WILL RHO IMPACT OR ITS THIRD PARTY SUPPLIERS OR LICENSORS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY DATA PROCESSING AGREEMENT ENTERED INTO IN CONNECTION HEREWITH UNDER ANY LEGAL THEORY FOR ANY PUNITIVE, EXEMPLARY, ENHANCED, SPECIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE INDIRECT OR EXEMPLARY CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS WHETHER OR SERVICES, IN CONNECTION WITH NOT SUCH LOSSES OR ARISING OUT OF THE PERFORMANCE OF DAMAGES ARE FORESEEABLE OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN OF A PARTY HAS SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8.3 Limitations Fair and Reasonable. EACH PARTY ACKNOWLEDGES THAT THE LIMITATIONS , INCLUDING WITHOUT LIMITATION LOSS OF LIABILITY SET FORTH IN THIS SECTION 8 REFLECT THE ALLOCATION PROFITS, LOSS OR CORRUPTION OF RISK BETWEEN THE PARTIES UNDER THIS AGREEMENTDATA, AND THAT IN THE ABSENCE LOSS OR INTERRUPTION OF SUCH LIMITATIONS USE, LOSS OF LIABILITYPRODUCTION OR BUSINESS REVENUE, THE ECONOMIC TERMS OR LOSS OF THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENT.GOODWILL OR REPUTATION,

Limitation of Remedies and Damages. 8.1 Liability Cap. EXCEPT WITH RESPECT TO: AS TO “EXCLUDED CLAIMS,” TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (A) EITHER NEITHER PARTY NOR ITS AFFILIATES SHALL BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, INTERRUPTION OF BUSINESS, COSTS OF DELAY, LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE; (B) SUBJECT TO SUBSECTION (C) BELOW, EACH PARTY'S OBLIGATIONS ’S AND ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY AND ITS AFFILIATES FOR ALL CLAIMS IN THE AGGREGATE (FOR DAMAGES OR LIABILITY OF ANY TYPE), SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE BY SUBSCRIBER TO NEO4J IN THE PRIOR 12 MONTHS UNDER SECTION 9THE APPLICABLE ORDER FORM(S) OR SOW TO WHICH SUCH LIABILITY RELATES (“GENERAL LIABILITY CAP”); 8.2 EXCEPT (C) N THE CASE OF “DATA PROTECTION CLAIMS,” EACH PARTY’S AND ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY AND ITS AFFILIATES FOR CUSTOMER’S INFRINGEMENT ALL CLAIMS IN THE AGGREGATE (FOR DAMAGES OR LIABILITY OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTS, ANY TYPE) SHALL NOT EXCEED TWO TIMES (2X) THE “GENERAL LIABILITY CAP”; (D) IN NO EVENT SHALL EITHER PARTY, OR SYSDIG’S AFFILIATES PARTY (OR ITS LICENSORS RESPECTIVE AFFILIATES) BE LIABLE FOR ANY CONSEQUENTIALTHE SAME EVENT UNDER BOTH THE GENERAL LIABILITY CAP AND THE DATA PROTECTION CLAIMS CAP. SIMILARLY, INCIDENTALTHOSE CAPS SHALL NOT BE CUMULATIVE; IF A PARTY (AND/OR ITS AFFILIATES) HAS ONE OR MORE CLAIMS SUBJECT TO EACH OF THOSE CAPS, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, THE MAXIMUM TOTAL LIABILITY FOR ALL CLAIMS IN CONNECTION WITH OR ARISING OUT THE AGGREGATE SHALL NOT EXCEED THE DATA PROTECTION CLAIMS CAP; (E) THE PARTIES AGREE THAT THIS SECTION 12 WILL APPLY REGARDLESS OF THE PERFORMANCE FORM OF OR FAILURE TO PERFORM THIS AGREEMENTACTION, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCTIN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF A PARTY HAS BEEN ADVISED OF ITS ESSENTIAL PURPOSE; AND (F) THE POSSIBILITY OF SUCH DAMAGES. 8.3 Limitations Fair and Reasonable. EACH PARTY ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY APPLICABLE MONETARY CAPS SET FORTH IN THIS SECTION 8 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES UNDER THIS AGREEMENT, AND THAT IN THE ABSENCE OF SUCH LIMITATIONS OF LIABILITY, THE ECONOMIC TERMS OF 12 SHALL APPLY ACROSS THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENTAND ANY AND ALL SEPARATE AGREEMENT(S) ON AN AGGREGATED BASIS, WITHOUT REGARD TO WHETHER ANY INDIVIDUAL SUBSCRIBER AFFILIATES HAVE EXECUTED A SEPARATE AGREEMENT IN ACCORDANCE WITH SECTION 1.2 (AFFILIATES).

Limitation of Remedies and Damages. 8.1 Liability Cap8.1. EXCEPT WITH RESPECT TOBUT FOR: (A1) EITHER PARTY'S BREACH OF SECTION 1.5 (EXTERNAL VIEWERS), SECTION 1.7 (GENERAL RESTRICTIONS), OR SECTION 11 (EXPORT CONTROL), OR (2) DAMAGES ARISING OUT OF EXTERNAL VIEWER’S USE OF TABLEAU ONLINE, INCLUDING YOUR OBLIGATIONS UNDER SECTION 9 8.2 EXCEPT FOR CUSTOMER’S INFRINGEMENT OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTS9.2, IN NO EVENT NEITHER PARTY SHALL EITHER PARTY, OR SYSDIG’S AFFILIATES OR ITS LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF LOST OR INACCURATE DATA, REVENUEFAILURE OF SECURITY MECHANISMS, GOODWILL, PRODUCTION, ANTICIPATED SAVINGSINTERRUPTION OF BUSINESS, COSTS OF PROCUREMENT DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF SUBSTITUTE GOODS OR SERVICESANY KIND (INCLUDING LOST PROFITS), IN CONNECTION WITH OR ARISING OUT REGARDLESS OF THE PERFORMANCE FORM OF OR FAILURE TO PERFORM THIS AGREEMENTACTION, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCTIN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN OF A PARTY HAS BEEN ADVISED IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES IN ADVANCE. 8.3 Limitations Fair and Reasonable8.2. BUT FOR: (1) BREACH OF SECTION 1.5 (EXTERNAL VIEWERS), SECTION 1.7 (GENERAL RESTRICTIONS), OR SECTION 11 (EXPORT CONTROL), OR (2) DAMAGES ARISING OUT OF EXTERNAL VIEWER’S USE OF TABLEAU ONLINE, INCLUDING YOUR OBLIGATIONS UNDER SECTION 9.2, EACH PARTY’S ENTIRE LIABILITY AND OBLIGATION TO THE OTHER PARTY ACKNOWLEDGES THAT SHALL NOT EXCEED THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 8 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES FEES PAID OR OWED BY YOU TO TABLEAU UNDER THIS AGREEMENT, AND THAT IN AGREEMENT DURING THE ABSENCE OF SUCH LIMITATIONS OF LIABILITY, TWELVE MONTHS PRECEDING THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENTCLAIM.

Limitation of Remedies and Damages. 8.1 Liability Cap. EXCEPT WITH RESPECT TO: AS TO “EXCLUDED CLAIMS,” TO THE MAXIMUM EXTENT (A) EITHER NEITHER PARTY NOR ITS AFFILIATES SHALL BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, INTERRUPTION OF BUSINESS, COSTS OF DELAY, LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE; (B) SUBJECT TO SUBSECTION (C) BELOW, EACH PARTY'S OBLIGATIONS ’S AND ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY AND ITS AFFILIATES FOR ALL CLAIMS IN THE AGGREGATE (FOR DAMAGES OR LIABILITY OF ANY TYPE), SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE TO SNOWFLAKE IN THE PRIOR 12 MONTHS UNDER SECTION 9THE APPLICABLE ORDER FORM(S) OR SOW TO WHICH SUCH LIABILITY RELATES (“GENERAL LIABILITY CAP”); 8.2 EXCEPT (C) IN THE CASE OF “DATA PROTECTION CLAIMS,” EACH PARTY’S AND ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY AND ITS AFFILIATES FOR CUSTOMER’S INFRINGEMENT ALL CLAIMS IN THE AGGREGATE (FOR DAMAGES OR LIABILITY OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTS, ANY TYPE) SHALL NOT EXCEED TWO TIMES (2X) THE “GENERAL LIABILITY CAP”; (D) IN NO EVENT SHALL EITHER PARTY, OR SYSDIG’S AFFILIATES PARTY (OR ITS LICENSORS RESPECTIVE AFFILIATES) BE LIABLE FOR ANY CONSEQUENTIALTHE SAME EVENT UNDER BOTH THE GENERAL LIABILITY CAP AND THE DATA PROTECTION CLAIMS CAP. SIMILARLY, INCIDENTALTHOSE CAPS SHALL NOT BE CUMULATIVE; IF A PARTY (AND/OR ITS AFFILIATES) HAS ONE OR MORE CLAIMS SUBJECT TO EACH OF THOSE CAPS, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, THE MAXIMUM TOTAL LIABILITY FOR ALL CLAIMS IN CONNECTION WITH OR ARISING OUT THE AGGREGATE SHALL NOT EXCEED THE DATA PROTECTION CLAIMS CAP; (E) THE PARTIES AGREE THAT THIS SECTION 9 WILL APPLY REGARDLESS OF THE PERFORMANCE FORM OF OR FAILURE TO PERFORM THIS AGREEMENTACTION, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCTIN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF A PARTY HAS BEEN ADVISED OF ITS ESSENTIAL PURPOSE; AND (F) THE POSSIBILITY OF SUCH DAMAGES. 8.3 Limitations Fair and Reasonable. EACH PARTY ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY APPLICABLE MONETARY CAPS SET FORTH IN THIS SECTION 8 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES UNDER THIS AGREEMENT, AND THAT IN THE ABSENCE OF SUCH LIMITATIONS OF LIABILITY, THE ECONOMIC TERMS OF 9 SHALL APPLY ACROSS THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENTAND ANY AND ALL SEPARATE AGREEMENT(S) ON AN AGGREGATED BASIS.

Limitation of Remedies and Damages. 8.1 Liability Cap. EXCEPT WITH RESPECT TO: (A) EITHER PARTY'S OBLIGATIONS UNDER SECTION 9NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR A MARKETPLACE TRANSACTION: 8.2 EXCEPT FOR CUSTOMER’S INFRINGEMENT OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTS, A. IN NO EVENT SHALL EITHER PARTYPARTY OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE WITH RESPECT TO THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR (I) LOSS OR INTERRUPTION OF USE OF THE SERVICE; (II) LOSS OR INACCURACY OR CORRUPTION OF DATA; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR SYSDIG’S AFFILIATES TECHNOLOGY; OR ITS LICENSORS BE LIABLE FOR (IV) ANY CONSEQUENTIALINDIRECT, INCIDENTAL, SPECIALCONSEQUENTIAL, INDIRECTPUNITIVE, PUNITIVE SPECIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST BUT NOT LIMITED TO LOSS OF REVENUES, PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCEOTHER ECONOMIC ADVANTAGE, EVEN OF A IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8.3 Limitations Fair and Reasonable. EACH PARTY ACKNOWLEDGES THAT B. EXCEPT FOR (I) PAYMENTS DUE IN THE LIMITATIONS OF NORMAL COURSE, AND (II) LIABILITY SET FORTH ARISING UNDER SECTION 5, IN THIS SECTION 8 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES UNDER NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, AND THAT WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE GREATER OF (X) THE AGGREGATE AMOUNT PAID BY YOU UNDER THIS AGREEMENT IN THE ABSENCE OF SUCH LIMITATIONS OF TWELVE (12) MONTHS PRECEDING THE LIABILITY, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENTOR (Y) ONE HUNDRED THOUSAND DOLLARS ($100,000).

Limitation of Remedies and Damages. 8.1 Liability Cap. EXCEPT WITH RESPECT TO: (A) EITHER PARTY'S OBLIGATIONS a. UNDER SECTION 9NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, SHALL UVERITECH OR ITS LICENSORS BE LIABLE TO THE LICENSEE UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES OF ANY KIND, LOSS OF PROFITS OR REVENUES, DAMAGES DUE TO WORK STOPPAGES, OR COMPUTER FAILURE OR MALFUNCTION, OR COSTS OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES. 8.2 EXCEPT b. REGARDLESS OF WHETHER THE CLAIM FOR CUSTOMER’S INFRINGEMENT OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTSSUCH DAMAGES IS BASED IN CONTRACT, AND/OR ANY OTHER LEGAL THEORY, IN NO EVENT SHALL EITHER PARTY, OR SYSDIG’S AFFILIATES UVERITECH OR ITS LICENSORS BE LIABLE AGGREGATE LIABILITY TO THE LICENSEE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT DIRECT DAMAGES UNDER THIS AGREEMENT EXCEED THE TOTAL FEES PAID FOR THE SOFTWARE DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. c. THE LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LIABILITY IN CONNECTION WITH OR ARISING OUT THIS SECTION IS BASED UPON THE FACT THAT LICENSEES OF THE PERFORMANCE OF OR FAILURE PRODUCT USE THEIR COMPUTERS FOR DIFFERENT PURPOSES. THEREFORE, THE LICENSEE MUST IMPLEMENT ITS OWN BACK-UP PLANS AND SAFEGUARDS APPROPRIATE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN OF A PARTY HAS BEEN ADVISED OF ITS NEEDS IN THE POSSIBILITY OF SUCH DAMAGES. 8.3 Limitations Fair and ReasonableEVENT THAT AN ERROR CAUSES COMPUTER PROBLEMS AND MAY CAUSE RELATED DATA LOSS. EACH PARTY ACKNOWLEDGES THAT YOU AGREE TO THE LIMITATIONS OF LIABILITY AS SET FORTH IN THIS SECTION 8 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES UNDER THIS AGREEMENT, AND THAT IN THE ABSENCE OF SUCH LIMITATIONS OF LIABILITY, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENTSECTION.

Limitation of Remedies and Damages. 8.1 Liability Cap. EXCEPT WITH RESPECT TO: (A) EITHER PARTY'S OBLIGATIONS UNDER SECTION 9 8.2 EXCEPT 9 ("INDEMNIFICATION") (FOR WHICH THE LIABILITY LIMITATION SHALL BE ONE HUNDRED THOUSAND DOLLARS ($100,000) IN THE CUMULATIVE AND AGGREGATE FOR ALL CLAIMS); AND (B) CUSTOMER’S 'S INFRINGEMENT OF SYSDIG’S 4IR'S INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL EITHER PARTY'S TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID BY AND/OR DUE FROM CUSTOMER FOR THE THEN-CURRENT ANNUAL SUBSCRIPTION TERM, OR SYSDIGUNDER THE APPLICABLE SUBSCRIPTION AGREEMENT(S) RELATING TO THE CLAIM. 8.2 EXCEPT FOR CUSTOMER’S AFFILIATES OR ITS LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS INFRINGEMENT OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES4IR’S INTELLECTUAL PROPERTY RIGHTS, IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN OF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NO EVENT SHALL 8.3 Limitations Fair and Reasonable. EACH PARTY ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 8 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES UNDER THIS AGREEMENT, AND THAT IN THE ABSENCE OF SUCH LIMITATIONS OF LIABILITY, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENT.

Limitation of Remedies and Damages. 8.1 Liability Cap12.1. EXCEPT WITH RESPECT TO: (A) EITHER PARTY'S OBLIGATIONS UNDER SECTION 9 8.2 EXCEPT FOR CUSTOMER’S INFRINGEMENT OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTSNO CIRCUMSTANCES SHALL TRILIO, IN NO EVENT SHALL EITHER ITS DIRECTORS, OFFICERS, EMPLOYEES, RESELLERS OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY, OR SYSDIG’S AFFILIATES OR ITS LICENSORS BE LIABLE INCLUDING, BUT NOT LIMITED TO YOUR AUTHORIZED END CUSTOMERS, FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, SPECIALPUNITIVE, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUES OR PROFITS OR LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OF OR FAILURE TO PERFORM BUSINESS) RESULTING FROM THIS AGREEMENT, OR ANY RELATED SOW, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE OR PROFESSIONAL SERVICES, WHETHER ALLEGED AS DUE TO A BREACH OF CONTRACT CONTRACT, BREACH OF WARRANTY, OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCETHE NEGLIGENCE OF TRILIO OR ANY OTHER PARTY, EVEN OF A PARTY HAS BEEN IF XXXXXX IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS XXXXXX'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED. 8.3 Limitations Fair and Reasonable12.2. EACH PARTY ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY SET FORTH EXCEPT WITH RESPECT TO TRIAL ACCESS OR ANY PRODUCT OR SERVICE IN THIS SECTION 8 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES UNDER THIS AGREEMENTBETA, AND THAT IN THE ABSENCE OF SUCH LIMITATIONS OF LIABILITYANY CASE, THE ECONOMIC TERMS ENTIRE LIABILITY OF TRILIO AND ITS DIRECTORS, OFFICERS, EMPLOYEES, RESELLERS OR AGENTS UNDER ANY PROVISION OF THIS AGREEMENT WOULD OR ANY SOW OR ORDER SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE LICENSE FEES PAID TO XXXXXX HEREUNDER OVER A PERIOD OF TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH LIABILITY AROSE, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE ENTIRE LIABILITY OF TRILIO AND ITS DIRECTORS, OFFICERS, EMPLOYEES, RESELLERS OR AGENTS UNDER THIS AGREEMENT RELATED TO TRIAL ACCESS OR ANY PRODUCT OR SERVICE IN BETA SHALL NOT EXCEED $500, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE SIGNIFICANTLY DIFFERENTAPPLICABLE. XXXXXX IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY CUSTOMER OR A THIRD PARTY THAT IS ACCESSED THROUGH THE SOFTWARE AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.

Limitation of Remedies and Damages. 8.1 Liability Cap. EXCEPT WITH RESPECT TO: (A) EITHER PARTY'S OBLIGATIONS UNDER SECTION 9 8.2 EXCEPT FOR CUSTOMER’S INFRINGEMENT OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL EITHER PARTY, OR SYSDIG’S AFFILIATES WILL STEALTHBITS OR ITS LICENSORS SUPPLIERS OR LICENSEE BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIALINDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, INDIRECTBUT NOT LIMITED TO, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITSDAMAGES FOR LOSS OF BUSINESS PROFITS BUSINESS INTERRUPTION, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN CONNECTION WITH OR ARISING OUT OF INFORMATION AND THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCELIKE), EVEN OF A IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8.3 Limitations Fair and Reasonable. EACH PARTY ACKNOWLEDGES THAT STEALTHBITS'S CUMULATIVE LIABILITY AND LICENSEE'S EXCLUSIVE REMEDY FOR DAMAGES FROM ANY CAUSE RELATED TO OR ARISING FROM THIS AGREEMENT, AND REGARDLESS OF THE LIMITATIONS FORM OF LIABILITY SET FORTH IN THIS SECTION 8 REFLECT THE ALLOCATION ACTION, WILL BELIMITED TO NO GREATER THAN THE AMOUNT OF RISK BETWEEN THE PARTIES FEES PAID TO STEALTHBITS UNDER THIS AGREEMENT, AND THAT IF SUCH DAMAGES RELATE TO PARTICULAR ITEMS OF SOFTWARE OR SERVICES PROVIDED BY STEALTHBITS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES PAID FOR THE RELEVANT SOFTWARE OR SERVICES. NO ACTION MAY BE BROUGHT AGAINST STEALTHBITS LATER THAN ONE YEAR AFTER THE CAUSE OF ACTION OCCURRED, AND EXCEPT AS PROVIDED IN THE ABSENCE SECTION 12 ABOVE. IN NO EVENT WILL STEALTHBITS BE LIABLE FOR ANY CLAIMS, DEMANDS OR ACTIONS OF SUCH LIMITATIONS OF LIABILITY, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENTANY NATURE BROUGHT BY ANY THIRD PARTY AGAINST LICENSEE.

Limitation of Remedies and Damages. 8.1 Liability Cap. EXCEPT WITH RESPECT TO: (A) EITHER PARTY'S OBLIGATIONS UNDER SECTION 9NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR AN ORDER FORM: 8.2 EXCEPT FOR CUSTOMER’S INFRINGEMENT OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTS, A. IN NO EVENT SHALL EITHER PARTYPARTY OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE WITH RESPECT TO THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR (I) LOSS OR INTERRUPTION OF USE OF THE SERVICE; (II) LOSS OR INACCURACY OR CORRUPTION OF DATA; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR SYSDIG’S AFFILIATES TECHNOLOGY; OR ITS LICENSORS BE LIABLE FOR (IV) ANY CONSEQUENTIALINDIRECT, INCIDENTAL, SPECIALCONSEQUENTIAL, INDIRECTPUNITIVE, PUNITIVE SPECIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST BUT NOT LIMITED TO LOSS OF REVENUES, PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCEOTHER ECONOMIC ADVANTAGE, EVEN OF A IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8.3 Limitations Fair and Reasonable. EACH PARTY ACKNOWLEDGES THAT B. EXCEPT FOR (I) PAYMENTS DUE IN THE LIMITATIONS NORMAL COURSE, AND (II) LIABILITY ARISING OUT OF OUR INTELLECTUAL PROPERTY INFRINGEMENT INDEMNIFICATION OBLIGATION IN SECTION 8, IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY SET FORTH IN THIS SECTION 8 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES UNDER FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, AND THAT WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE GREATER OF (X) THE AGGREGATE AMOUNT PAID BY YOU UNDER THIS AGREEMENT IN THE ABSENCE OF SUCH LIMITATIONS OF TWELVE (12) MONTHS PRECEDING THE LIABILITY, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENTOR (Y) ONE HUNDRED THOUSAND DOLLARS ($100,000).

Limitation of Remedies and Damages. 8.1 Liability Cap. EXCEPT WITH RESPECT TO: (A) EITHER PARTY'S OBLIGATIONS UNDER SECTION 9 8.2 EXCEPT FOR CUSTOMER’S INFRINGEMENT OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT 7.1 CLOUDBEES SHALL EITHER PARTY, OR SYSDIG’S AFFILIATES OR ITS LICENSORS NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF LOST DATA, REVENUEFAILURE OF SECURITY MECHANISMS, GOODWILLINTERRUPTION OF BUSINESS, PRODUCTIONOR ANY INDIRECT, ANTICIPATED SAVINGSSPECIAL, COSTS INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICESANY KIND (INCLUDING LOST PROFITS), IN CONNECTION WITH OR ARISING OUT REGARDLESS OF THE PERFORMANCE FORM OF OR FAILURE TO PERFORM THIS AGREEMENTACTION, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCTIN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN OF A PARTY HAS BEEN ADVISED IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES IN ADVANCE. 8.3 Limitations Fair 7.2 CLOUDBEES’ TOTAL AGGREGATE LIABILITY FOR CLAIMS ARISING HEREUNDER SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY CLOUDBEES IN AN AMOUNT NOT TO EXCEED THE AMOUNT PAID BY CUSTOMER TO CLOUDBEES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM GIVING RISE TO THE CLAUSE OF ACTION ARISES. 7.3 The provisions of this Section 7 allocate risks under this Agreement between Customer and ReasonableCloudBees. EACH CloudBees’ fees for the Subscriptions reflect this allocation of risks and limitation of liability. 7.4 NEITHER PARTY ACKNOWLEDGES THAT SHALL BRING ANY CLAIM BASED ON THE LIMITATIONS SUBSCRIPTIONS OR SUPPORT PROVIDED HEREUNDER MORE THAN EIGHTEEN (18) MONTHS AFTER THE CAUSE OF LIABILITY SET FORTH IN THIS SECTION 8 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES UNDER THIS AGREEMENT, AND THAT IN THE ABSENCE OF SUCH LIMITATIONS OF LIABILITY, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENTACTION ACCRUES.

Limitation of Remedies and Damages. 8.1 Liability Cap. EXCEPT WITH RESPECT TO: (A) EITHER PARTY'S OBLIGATIONS UNDER SECTION 9 8.2 EXCEPT FOR CUSTOMER’S INFRINGEMENT OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT MULESOFT SHALL EITHER PARTY, OR SYSDIG’S AFFILIATES OR ITS LICENSORS NOT BE LIABLE FOR (I) ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE COST OF COVER OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, ANALOGOUS COSTS RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES; OR (II) ANY LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF LOST DATA, REVENUEFAILURE OF SECURITY MECHANISMS, GOODWILLINTERRUPTION OF BUSINESS, PRODUCTIONOR ANY INDIRECT, ANTICIPATED SAVINGSSPECIAL, COSTS INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICESANY KIND (INCLUDING LOST PROFITS), IN CONNECTION WITH OR ARISING OUT REGARDLESS OF THE PERFORMANCE FORM OF OR FAILURE TO PERFORM THIS AGREEMENTACTION, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCTIN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN OF A PARTY HAS BEEN ADVISED IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES IN ADVANCE. 8.3 Limitations Fair and Reasonable. EACH PARTY ACKNOWLEDGES THAT THE LIMITATIONS 8.2 NOTWITHSTANDING ANY OTHER PROVISION OF LIABILITY SET FORTH IN THIS SECTION 8 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES UNDER THIS AGREEMENT, AND THAT IN THE ABSENCE OF SUCH LIMITATIONS OF LIABILITY, THE ECONOMIC TERMS OF MULESOFT’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT WOULD SHALL BE SIGNIFICANTLY DIFFERENTLIMITED TO PROVEN DIRECT DAMAGES CAUSED BY MULESOFT’S SOLE NEGLIGENCE IN AN AMOUNT NOT TO EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO MULESOFT UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

Limitation of Remedies and Damages. 8.1 Liability Cap. EXCEPT WITH RESPECT TO: (A) EITHER PARTY'S OBLIGATIONS UNDER SECTION 9 8.2 EXCEPT FOR CUSTOMER’S INFRINGEMENT OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL EITHER PARTYWILL MSP360 (CLOUDBERRY LAB), ITS LICENSORS, ITS AFFILIATES, SUBSIDIARIES, OR SYSDIG’S ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OR ITS LICENSORS BE LIABLE TO LICENSEE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY PUNITIVE, CONSEQUENTIAL, INCIDENTAL, SPECIALINDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, INDIRECTBUT NOT LIMITED TO, PUNITIVE OR EXEMPLARY DAMAGESDAMAGES FOR LOSS OF BUSINESS PROFITS, INCLUDING WITHOUT LIMITATION LOST PROFITSBUSINESS INTERRUPTION, LOSS OF USEBUSINESS INFORMATION AND DATA AND THE LIKE), BUSINESS INTERRUPTIONSWHETHER FORESEEABLE OR UNFORESEEABLE, LOSS OF DATA, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGS, COSTS OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS GOODS, TECHNOLOGY OR SERVICES, IN CONNECTION WITH OR ARISING OUT REGARDLESS OF THE PERFORMANCE BASIS OF THE CLAIM AND EVEN IF MSP360 (CLOUDBERRY LAB) OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN OF A PARTY MSP360 (CLOUDBERRY LAB) REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. MSP360 (CLOUDBERRY LAB)'S CUMULATIVE LIABILITY FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO NO GREATER THAN THE FEES PAID BY LICENSEE TO MSP360 (CLOUDBERRY LAB) DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR THE SOFTWARE OR ANY SERVICES (EXCLUDING APPLICABLE TAXES AND PAYMENT FEES) THAT CAUSED THE DAMAGES. 8.3 Limitations Fair and Reasonable. EACH PARTY ACKNOWLEDGES TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT THE LIMITATIONS EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH IN THIS SECTION 8 REFLECT HEREIN MSP360 (CLOUDBERRY LAB)'S LIABILITY IS LIMITED TO THE ALLOCATION EXTENT PERMITTED BY LAW. LICENSEE AGREES THAT REGARDLESS OF RISK BETWEEN ANY STATUTE OR LAW TO THE PARTIES UNDER CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, AND THAT IN THE ABSENCE SOFTWARE OR ANY SERVICES BROUGHT BY LICENSEE MUST BE FILED WITHIN NO LATER THAN SIX (6) MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH LIMITATIONS OF LIABILITY, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD CLAIM WILL BE SIGNIFICANTLY DIFFERENTFOREVER BARRED.

Limitation of Remedies and Damages. 8.1 Liability Cap. EXCEPT WITH RESPECT TO: AS TO “EXCLUDED CLAIMS,” TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (A) EITHER NEITHER PARTY NOR ITS AFFILIATES SHALL BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, INTERRUPTION OF BUSINESS, COSTS OF DELAY, LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE; (B) SUBJECT TO SUBSECTION (C) BELOW, EACH PARTY'S OBLIGATIONS ’S AND ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY AND ITS AFFILIATES FOR ALL CLAIMS IN THE AGGREGATE (FOR DAMAGES OR LIABILITY OF ANY TYPE) SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE TO SNOWFLAKE IN THE PRIOR 12 MONTHS UNDER SECTION 9THE APPLICABLE ORDER FORM(S) OR SOW TO WHICH SUCH LIABILITY RELATES (“GENERAL LIABILITY CAP”); 8.2 EXCEPT (C) IN THE CASE OF “DATA PROTECTION CLAIMS,” EACH PARTY’S AND ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY AND ITS AFFILIATES FOR CUSTOMER’S INFRINGEMENT ALL CLAIMS IN THE AGGREGATE (FOR DAMAGES OR LIABILITY OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTS, ANY TYPE) SHALL NOT EXCEED TWO TIMES (2X) THE AMOUNT ACTUALLY PAID OR PAYABLE TO SNOWFLAKE IN THE PRIOR 12 MONTHS UNDER THE APPLICABLE ORDER FORM(S) OR SOW TO WHICH SUCH LIABILITY RELATES (“DATA PROTECTION CLAIMS CAP”); (D) IN NO EVENT SHALL EITHER PARTY, OR SYSDIG’S AFFILIATES PARTY (OR ITS LICENSORS RESPECTIVE AFFILIATES) BE LIABLE FOR ANY CONSEQUENTIALTHE SAME EVENT UNDER BOTH THE GENERAL LIABILITY CAP AND THE DATA PROTECTION CLAIMS CAP. SIMILARLY, INCIDENTALTHOSE CAPS SHALL NOT BE CUMULATIVE; IF A PARTY (AND/OR ITS AFFILIATES) HAS ONE OR MORE CLAIMS SUBJECT TO EACH OF THOSE CAPS, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, THE MAXIMUM TOTAL LIABILITY FOR ALL CLAIMS IN CONNECTION WITH OR ARISING OUT THE AGGREGATE SHALL NOT EXCEED THE DATA PROTECTION CLAIMS CAP; (E) THE PARTIES AGREE THAT SECTION 12 WILL APPLY REGARDLESS OF THE PERFORMANCE FORM OF OR FAILURE TO PERFORM THIS AGREEMENTACTION, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCTIN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF A PARTY HAS BEEN ADVISED OF ITS ESSENTIAL PURPOSE; AND (F) THE POSSIBILITY OF SUCH DAMAGES. 8.3 Limitations Fair and Reasonable. EACH PARTY ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY APPLICABLE MONETARY CAPS SET FORTH IN THIS SECTION 8 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES UNDER THIS AGREEMENT12 SHALL APPLY, AND THAT IN THE ABSENCE OF SUCH LIMITATIONS OF LIABILITYON AN AGGREGATED BASIS, THE ECONOMIC TERMS OF ACROSS THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENTAND ANY AND ALL SEPARATE AGREEMENT(S) GOVERNING CUSTOMER’S USE OF THE SNOWFLAKE OFFERINGS ENTERED INTO BETWEEN SNOWFLAKE AND ANY CUSTOMER “AFFILIATES,” INCLUDING WITHOUT LIMITATION, AS CONTEMPLATED BY SECTION 1.2 (AFFILIATES).

Limitation of Remedies and Damages. 8.1 Liability Cap. EXCEPT WITH RESPECT TO: 17.1 To the maximum extent permitted by applicable law, and except as to “Excluded Claims” (A) EITHER PARTY'S OBLIGATIONS as defined below): 17.1.1 IN NO EVENT WILL A PARTY OR ITS AFFILIATES BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES FOR ANY SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, RELIANCE, EXEMPLARY OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOST REVENUE, LOST PROFIT, LOSS OF BUSINESS, LOSS OF CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL, COST OF DELAY, OR FOR ANY LOST, INACCURATE OR DAMAGED DATA, OR ANY BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ARISING FROM THE SOFTWARE OR ANY SERVICES DELIVERED UNDER SECTION 9OR RELATED TO THIS AGREEMENT, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF THE DAMAGES OR LOSS. 8.2 EXCEPT FOR CUSTOMER’S INFRINGEMENT OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTS17.1 2 SUBJECT TO SUBSECTION 17.1.3 BELOW, IN NO EVENT SHALL EITHER PARTY, WILL THE AGGREGATE LIABILITY OF EACH PARTY AND ITS AFFILIATES TO THE OTHER PARTY AND ITS AFFILIATES ARISING OUT OF OR SYSDIG’S AFFILIATES OR ITS LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGESRELATED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOST PROFITSLIMITATION, LOSS THE USE OF USEOR INABILITY TO USE THE SOFTWARE, BUSINESS INTERRUPTIONS, LOSS OF DATA, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR ASSOCIATED SERVICES, IN CONNECTION WITH PROFESSIONAL SERVICES OR ARISING OUT OF OTHERWISE EXCEED THE PERFORMANCE OF FEES RECEIVED BY KONG (OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN OF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8.3 Limitations Fair and Reasonable. EACH PARTY ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 8 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES UNDER THIS AGREEMENT, AND THAT IN THE ABSENCE CASE OF SUCH LIMITATIONS OF CUSTOMER’S LIABILITY, EXCEED THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENTFEES PAID OR DUE TO KONG OR ITS AUTHORIZED RESELLER), IN EACH CASE UNDER THE RELEVANT ORDER FORM TO WHICH THE LIABILITY RELATES IN THE TWELVE MONTH PERIOD PRIOR TO THE EVENT FIRST GIVING RISE TO THE LIABILITY (“GENERAL LIABILITY CAP”).

Limitation of Remedies and Damages. 8.1 Liability Cap. EXCEPT WITH RESPECT TO: (A) EITHER PARTY'S OBLIGATIONS UNDER SECTION 9 8.2 EXCEPT FOR CUSTOMER’S INFRINGEMENT OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL EITHER PARTYLICENSOR OR ITS AFFILIATES, OR SYSDIG’S AFFILIATES ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE RESPONSIBLE OR ITS LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USEGOODWILL, BUSINESS INTERRUPTIONSWORK STOPPAGE, COMPUTER FAILURE, LOSS OF INFORMATION, LOSS OF DATA, REVENUEOR ANY DIRECT, GOODWILLINDIRECT, PRODUCTIONINCIDENTAL, ANTICIPATED SAVINGSCONSEQUENTIAL, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS SPECIAL, EXEMPLARY, PUNITIVE OR SERVICES, IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, OTHER DAMAGES (EVEN OF A PARTY IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8.3 Limitations Fair and Reasonable) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SOFTWARE OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT. EACH PARTY ACKNOWLEDGES THAT LICENSOR SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DELAY IN FURNISHING THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 8 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES SOFTWARE OR ANY OTHER PERFORMANCE UNDER THIS AGREEMENT, AND THAT . LICENSEE'S SOLE REMEDY FOR DISSATISFACTION WITH THE SOFTWARE IS TO TERMINATE THIS AGREEMENT PURSUANT TO SECTION 14 BELOW. IN NO EVENT SHALL LICENSOR'S LIABILITY EXCEED TEN PERCENT (10%) OF THE ABSENCE TECHNOLOGY ACCESS FEES PAID BY LICENSOR TO LICENSEE PURSUANT TO SECTION 2.3(f) OF SUCH LIMITATIONS THE SUPPLY AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTY OR LIABILITY, SO THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENTFOREGOING EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO LICENSEE.

Limitation of Remedies and Damages. 8.1 Liability CapEXCEPT AS TO “EXCLUDED CLAIMS,” TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: 9.1. EXCEPT WITH RESPECT TO: NEITHER PARTY NOR ITS AFFILIATES SHALL BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, INTERRUPTION OF BUSINESS, COSTS OF DELAY, COVER COSTS, LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE; 9.2. SUBJECT TO SECTION 9.3 BELOW, EACH PARTY’S AND ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY AND ITS AFFILIATES FOR ALL CLAIMS IN THE AGGREGATE (AFOR DAMAGES OR LIABILITY OF ANY TYPE) EITHER SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE TO RELATIONALAI IN THE PRIOR 12 MONTHS UNDER THE APPLICABLE ORDER FORM(S) TO WHICH SUCH LIABILITY RELATES (“GENERAL LIABILITY CAP”); 9.3. IN THE CASE OF “DATA PROTECTION CLAIMS,” EACH PARTY'S OBLIGATIONS ’S AND ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY AND ITS AFFILIATES FOR ALL CLAIMS IN THE AGGREGATE (FOR DAMAGES OR LIABILITY OF ANY TYPE) SHALL NOT EXCEED TWO TIMES (2X) THE AMOUNT ACTUALLY PAID OR PAYABLE TO RELATIONALAI IN THE PRIOR TWELVE (12) MONTHS UNDER SECTION 9THE APPLICABLE ORDER FORM(S) TO WHICH SUCH LIABILITY RELATES (“DATA PROTECTION CLAIMS CAP”); 8.2 EXCEPT FOR CUSTOMER’S INFRINGEMENT OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTS, 9.4. IN NO EVENT SHALL EITHER PARTY, OR SYSDIG’S AFFILIATES PARTY (OR ITS LICENSORS RESPECTIVE AFFILIATES) BE LIABLE FOR ANY CONSEQUENTIALTHE SAME EVENT UNDER BOTH THE GENERAL LIABILITY CAP AND THE DATA PROTECTION CLAIMS CAP. SIMILARLY, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE THOSE CAPS SHALL NOT BE CUMULATIVE; IF A PARTY (AND/OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS ITS AFFILIATES) HAS ONE OR SERVICES, MORE CLAIMS SUBJECT TO THE “GENERAL LIABILITY CAP” AND THE “DATA PROTECTION CLAIMS CAP,” THE MAXIMUM TOTAL LIABILITY FOR ALL CLAIMS IN CONNECTION WITH OR ARISING OUT THE AGGREGATE SHALL NOT EXCEED THE “DATA PROTECTION CLAIMS CAP”; 9.5. THE PARTIES AGREE THAT SECTION 9 WILL APPLY REGARDLESS OF THE PERFORMANCE FORM OF OR FAILURE TO PERFORM THIS AGREEMENTACTION, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCTIN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF A PARTY HAS BEEN ADVISED OF ITS ESSENTIAL PURPOSE; AND 9.6. THE POSSIBILITY OF SUCH DAMAGES. 8.3 Limitations Fair and Reasonable. EACH PARTY ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY APPLICABLE MONETARY CAPS SET FORTH IN THIS SECTION 8 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES UNDER THIS AGREEMENT9 SHALL APPLY, AND THAT IN THE ABSENCE OF SUCH LIMITATIONS OF LIABILITYON AN AGGREGATED BASIS, THE ECONOMIC TERMS OF ACROSS THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENTAND ANY AND ALL SEPARATE AGREEMENT(S) GOVERNING CUSTOMER’S USE OF THE “RELATIONALAI OFFERINGS” ENTERED INTO BETWEEN RELATIONALAI AND ANY CUSTOMER “AFFILIATES,” INCLUDING WITHOUT LIMITATION, AS CONTEMPLATED BY SECTION 1.2 (AFFILIATES).

Limitation of Remedies and Damages. 8.1 Liability Cap8.1. EXCEPT WITH RESPECT TOBUT FOR: (A1) EITHER PARTY'S BREACH OF SECTION 1.5 (CLIENT SUBLICENSEES), SECTION 1.7 (GENERAL RESTRICTIONS), OR SECTION 11 (EXPORT CONTROL), OR (2) DAMAGES ARISING OUT OF CLIENT SUBLICENSEE’S USE OF TIMETTA, INCLUDING YOUR OBLIGATIONS UNDER SECTION 9 8.2 EXCEPT FOR CUSTOMER’S INFRINGEMENT OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTS9.2, IN NO EVENT NEITHER PARTY SHALL EITHER PARTY, OR SYSDIG’S AFFILIATES OR ITS LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF LOST OR INACCURATE DATA, REVENUEFAILURE OF SECURITY MECHANISMS, GOODWILL, PRODUCTION, ANTICIPATED SAVINGSINTERRUPTION OF BUSINESS, COSTS OF PROCUREMENT DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF SUBSTITUTE GOODS OR SERVICESANY KIND (INCLUDING LOST PROFITS), IN CONNECTION WITH OR ARISING OUT REGARDLESS OF THE PERFORMANCE FORM OF OR FAILURE TO PERFORM THIS AGREEMENTACTION, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCTIN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN OF A PARTY HAS BEEN ADVISED IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES IN ADVANCE. 8.3 Limitations Fair and Reasonable8.2. BUT FOR: (1) BREACH OF SECTION 1.5 (CLIENT SUBLICENSEES), SECTION 1.7 (GENERAL RESTRICTIONS), OR SECTION 11 (EXPORT CONTROL), OR (2) DAMAGES ARISING OUT OF CLIENT SUBLICENSEE’S USE OF TIMETTA, INCLUDING YOUR OBLIGATIONS UNDER SECTION 9.2, EACH PARTY’S ENTIRE LIABILITY AND OBLIGATION TO THE OTHER PARTY ACKNOWLEDGES THAT SHALL NOT EXCEED THE LIMITATIONS LESSER OF LIABILITY SET FORTH IN THIS SECTION 8 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES (A) FEES PAID OR OWED BY YOU TO TIMETTA UNDER THIS AGREEMENT, AND THAT AGREEMENT DURING THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) US $100,000. IN THE ABSENCE OF SUCH LIMITATIONS OF LIABILITYCASE WHERE NO AMOUNT WAS PAID FOR THE SERVICE GIVING RISE TO THE CLAIM, THE ECONOMIC TERMS OF TIMETTA AND ITS LICENSORS’ ENTIRE LIABILITY TO YOU UNDER THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENTSHALL NOT EXCEED US$100.

Limitation of Remedies and Damages. 8.1 Liability Cap. EXCEPT WITH RESPECT TO: AS TO “EXCLUDED CLAIMS,” TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (A) EITHER NEITHER PARTY NOR ITS AFFILIATES SHALL BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, INTERRUPTION OF BUSINESS, COSTS OF DELAY, COVER COSTS, LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE; (B) SUBJECT TO SUBSECTION (C) BELOW, EACH PARTY'S OBLIGATIONS ’S AND ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY AND ITS AFFILIATES FOR ALL CLAIMS IN THE AGGREGATE (FOR DAMAGES OR LIABILITY OF ANY TYPE) SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE TO ONCOOR IN THE PRIOR 12 MONTHS UNDER SECTION 9THE APPLICABLE ORDER FORM(S) OR SOW TO WHICH SUCH LIABILITY RELATES (“GENERAL LIABILITY CAP”); 8.2 EXCEPT (C) IN THE CASE OF “DATA PROTECTION CLAIMS,” EACH PARTY’S AND ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY AND ITS AFFILIATES FOR CUSTOMER’S INFRINGEMENT ALL CLAIMS IN THE AGGREGATE (FOR DAMAGES OR LIABILITY OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTS, ANY TYPE) SHALL NOT EXCEED TWO TIMES (2X) THE AMOUNT ACTUALLY PAID OR PAYABLE TO ONCOOR IN THE PRIOR TWELVE (12) MONTHS UNDER THE APPLICABLE ORDER FORM(S) OR SOW TO WHICH SUCH LIABILITY RELATES (“DATA PROTECTION CLAIMS CAP”); (D) IN NO EVENT SHALL EITHER PARTY, OR SYSDIG’S AFFILIATES PARTY (OR ITS LICENSORS RESPECTIVE AFFILIATES) BE LIABLE FOR ANY CONSEQUENTIALTHE SAME EVENT UNDER BOTH THE GENERAL LIABILITY CAP AND THE DATA PROTECTION CLAIMS CAP. SIMILARLY, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE THOSE CAPS SHALL NOT BE CUMULATIVE; IF A PARTY (AND/OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS ITS AFFILIATES) HAS ONE OR SERVICES, MORE CLAIMS SUBJECT TO THE “GENERAL LIABILITY CAP” AND THE “DATA PROTECTION CLAIMS CAP,” THE MAXIMUM TOTAL LIABILITY FOR ALL CLAIMS IN CONNECTION WITH OR ARISING OUT THE AGGREGATE SHALL NOT EXCEED THE “DATA PROTECTION CLAIMS CAP”; (E) THE PARTIES AGREE THAT SECTION 12 WILL APPLY REGARDLESS OF THE PERFORMANCE FORM OF OR FAILURE TO PERFORM THIS AGREEMENTACTION, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCTIN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF A PARTY HAS BEEN ADVISED OF ITS ESSENTIAL PURPOSE; AND (F) THE POSSIBILITY OF SUCH DAMAGES. 8.3 Limitations Fair and Reasonable. EACH PARTY ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY APPLICABLE MONETARY CAPS SET FORTH IN THIS SECTION 8 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES UNDER THIS AGREEMENT12 SHALL APPLY, AND THAT IN THE ABSENCE OF SUCH LIMITATIONS OF LIABILITYON AN AGGREGATED BASIS, THE ECONOMIC TERMS OF ACROSS THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENTAND ANY AND ALL SEPARATE AGREEMENT(S) GOVERNING CUSTOMER’S USE OF THE “ONCOOR OFFERINGS” ENTERED INTO BETWEEN ONCOOR AND ANY CUSTOMER “AFFILIATES,” INCLUDING WITHOUT LIMITATION, AS CONTEMPLATED BY SECTION 1.2 (AFFILIATES).

Limitation of Remedies and Damages. 8.1 Liability Cap. EXCEPT NOTWITHSTANDING ANYTHING IN THIS AGREEMENT OR OTHERWISE, NEITHER TRIFECTIX NOR ITS THIRD PARTY SUPPLIERS WILL BE LIABLE OR OBLIGATED WITH RESPECT TO: TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (Aa) EITHER PARTY'S OBLIGATIONS UNDER SECTION 9 8.2 EXCEPT FOR CUSTOMER’S INFRINGEMENT OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL EITHER PARTY, OR SYSDIG’S AFFILIATES OR ITS LICENSORS BE LIABLE FOR ANY AMOUNTS IN EXCESS IN THE AGGREGATE OF THE FEES PAID TO TRIFECTIX BY CUSTOMER WITH RESPECT TO THE SOFTWARE DURING THE SIX MONTH PERIOD BEFORE THE CAUSE OF ACTION AROSE, (b) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES OR RIGHTS; (c) FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES; (d) FOR INTERRUPTION OF USE OR EXEMPLARY LOSS OR CORRUPTION OF DATA; OR (e) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT SO THE ABOVE LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN OF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8.3 Limitations Fair and ReasonableAND EXCLUSIONS MAY NOT APPLY. EACH PARTY ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY SET FORTH NOTHING IN THIS AGREEMENT WILL LIMIT TRIFECTIX’S LIABILITY FOR (i) FRAUD OR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY TRIFECTIX’S NEGLIGENCE OR (ii) WITH RESPECT TO TRIFECTIX’S OBLIGATIONS UNDER SECTION 8 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES UNDER THIS AGREEMENT, AND THAT IN THE ABSENCE OF SUCH LIMITATIONS OF LIABILITY, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENT5 (INDEMNIFICATION) Part III BELOW. The provisions of this Agreement allocate the risks between Customer and Trifectix. Trifectix’s pricing reflects this allocation of risk and the limitations of liability specified herein.

Limitation of Remedies and Damages. 8.1 9.1. Liability Cap. EXCEPT WITH RESPECT TO: (A) EITHER PARTY'S SYSDIG’S OBLIGATIONS UNDER SECTION 9 8.2 EXCEPT 10 (“INDEMNIFICATION”) (FOR WHICH THE LIABILITY LIMITATION SHALL BE ONE MILLION DOLLARS ($1,000,000) IN THE AGGREGATE); AND (B) CUSTOMER’S BREACH OF SECTION 2 (“LICENSE”) OR INFRINGEMENT OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTSPROPERTY, IN NO EVENT SHALL EITHER PARTY’S TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID BY AND/OR DUE FROM CUSTOMER FOR THE THEN-CURRENT ANNUAL SUBSCRIPTION TERM, UNDER THE APPLICABLE ORDER FORM(S) RELATING TO THE CLAIM. 9.2. Consequential Damages. EXCEPT FOR CUSTOMER'S INFRINGEMENT OF SYSDIG’S INTELLECTUAL PROPERTY, IN NO EVENT SHALL EITHER PARTY, OR SYSDIG’S 'S AFFILIATES OR ITS LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGS, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN OF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8.3 9.3. Limitations Fair and Reasonable. EACH PARTY ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 8 9 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES UNDER THIS AGREEMENT, AND THAT IN THE ABSENCE OF SUCH LIMITATIONS OF LIABILITY, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENT.

Limitation of Remedies and Damages. 8.1 Liability Cap8.1. EXCEPT WITH RESPECT TOBUT FOR: (A1) EITHER PARTY'S BREACH OF SECTION 1.5 (CLIENT SUBLICENSEES), SECTION 1.7 (GENERAL RESTRICTIONS), OR SECTION 11 (EXPORT CONTROL), OR (2) DAMAGES ARISING OUT OF CLIENT SUBLICENSEE’S USE OF BEGRAPH, INCLUDING YOUR OBLIGATIONS UNDER SECTION 9 8.2 EXCEPT FOR CUSTOMER’S INFRINGEMENT OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTS9.2, IN NO EVENT NEITHER PARTY SHALL EITHER PARTY, OR SYSDIG’S AFFILIATES OR ITS LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF LOST OR INACCURATE DATA, REVENUEFAILURE OF SECURITY MECHANISMS, GOODWILL, PRODUCTION, ANTICIPATED SAVINGSINTERRUPTION OF BUSINESS, COSTS OF PROCUREMENT DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF SUBSTITUTE GOODS OR SERVICESANY KIND (INCLUDING LOST PROFITS), IN CONNECTION WITH OR ARISING OUT REGARDLESS OF THE PERFORMANCE FORM OF OR FAILURE TO PERFORM THIS AGREEMENTACTION, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCTIN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN OF A PARTY HAS BEEN ADVISED IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES IN ADVANCE. 8.3 Limitations Fair and Reasonable8.2. BUT FOR: (1) BREACH OF SECTION 1.5 (CLIENT SUBLICENSEES), SECTION 1.7 (GENERAL RESTRICTIONS), OR SECTION 11 (EXPORT CONTROL), OR (2) DAMAGES ARISING OUT OF CLIENT SUBLICENSEE’S USE OF BEGRAPH, INCLUDING YOUR OBLIGATIONS UNDER SECTION 9.2, EACH PARTY’S ENTIRE LIABILITY AND OBLIGATION TO THE OTHER PARTY ACKNOWLEDGES THAT SHALL NOT EXCEED THE LIMITATIONS LESSER OF LIABILITY SET FORTH IN THIS SECTION 8 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES (A) FEES PAID OR OWED BY YOU TO NEXT LIMIT UNDER THIS AGREEMENT, AND THAT IN AGREEMENT DURING THE ABSENCE OF SUCH LIMITATIONS OF LIABILITY, TWELVE MONTHS PRECEDING THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENTCLAIM OR (B) EUR 1,000,000.

Limitation of Remedies and Damages. 8.1 Liability Cap16.1. EXCEPT WITH RESPECT TO: (A) EITHER PARTY'S OBLIGATIONS UNDER SECTION 9 8.2 EXCEPT FOR CUSTOMER’S INFRINGEMENT OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTSTO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT NEITHER PARTY NOR ITS AFFILIATES SHALL EITHER PARTY, OR SYSDIG’S AFFILIATES BE LIABLE TO THE OTHER PARTY OR ITS LICENSORS BE LIABLE AFFILIATES FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF LOST OR INACCURATE DATA, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGSINTERRUPTION OF BUSINESS, COSTS OF PROCUREMENT DELAY, LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF SUBSTITUTE GOODS OR SERVICES, IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, ANY KIND (INCLUDING NEGLIGENCELOST PROFITS), EVEN OF A PARTY HAS BEEN ADVISED IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES IN ADVANCE. 8.3 Limitations Fair and Reasonable16.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, EACH PARTY’S AND ITS AFFILIATES’ ENTIRE LIABILITY TO THE OTHER PARTY ACKNOWLEDGES OR ITS AFFILIATES (FOR DAMAGES OR LIABILITY OF ANY TYPE), SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID (OR WITH RESPECT TO CLAIMS FOR SUBSCRIPTION DUE, PAYABLE) BY THE END USER TO RESELLER ATTRIBUTABLE TO THE PRIOR 12 MONTHS UNDER THE APPLICABLE ORDER FORM. 16.3. THE PARTIES AGREE THAT THE WAIVERS AND LIMITATIONS OF LIABILITY SET FORTH SPECIFIED IN THIS SECTION 8 REFLECT WILL SURVIVE AND APPLY REGARDLESS OF THE ALLOCATION FORM OF RISK BETWEEN THE PARTIES UNDER THIS AGREEMENTACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND THAT WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE ABSENCE OF SUCH LIMITATIONS OF LIABILITY, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENTIS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Limitation of Remedies and Damages. 8.1 Liability Cap. EXCEPT WITH RESPECT TO: AS TO “EXCLUDED CLAIMS,” TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (A) EITHER NEITHER PARTY NOR ITS AFFILIATES SHALL BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, INTERRUPTION OF BUSINESS, COSTS OF DELAY, LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE; (B) SUBJECT TO SUBSECTION (C) BELOW, EACH PARTY'S OBLIGATIONS ’S AND ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY AND ITS AFFILIATES FOR ALL CLAIMS IN THE AGGREGATE (FOR DAMAGES OR LIABILITY OF ANY TYPE) SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE TO IOMETE IN THE PRIOR 12 MONTHS UNDER SECTION 9THE APPLICABLE ORDER FORM(S) OR SOW TO WHICH SUCH LIABILITY RELATES (“GENERAL LIABILITY CAP”); 8.2 EXCEPT (C) IN THE CASE OF “DATA PROTECTION CLAIMS,” EACH PARTY’S AND ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY AND ITS AFFILIATES FOR CUSTOMER’S INFRINGEMENT ALL CLAIMS IN THE AGGREGATE (FOR DAMAGES OR LIABILITY OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTS, ANY TYPE) SHALL NOT EXCEED TWO TIMES (2X) THE AMOUNT ACTUALLY PAID OR PAYABLE TO IOMETE IN THE PRIOR 12 MONTHS UNDER THE APPLICABLE ORDER FORM(S) OR SOW TO WHICH SUCH LIABILITY RELATES (“DATA PROTECTION CLAIMS CAP”); (D) IN NO EVENT SHALL EITHER PARTY, OR SYSDIG’S AFFILIATES PARTY (OR ITS LICENSORS RESPECTIVE AFFILIATES) BE LIABLE FOR ANY CONSEQUENTIALTHE SAME EVENT UNDER BOTH THE GENERAL LIABILITY CAP AND THE DATA PROTECTION CLAIMS CAP. SIMILARLY, INCIDENTALTHOSE CAPS SHALL NOT BE CUMULATIVE; IF A PARTY (AND/OR ITS AFFILIATES) HAS ONE OR MORE CLAIMS SUBJECT TO EACH OF THOSE CAPS, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, THE MAXIMUM TOTAL LIABILITY FOR ALL CLAIMS IN CONNECTION WITH OR ARISING OUT THE AGGREGATE SHALL NOT EXCEED THE DATA PROTECTION CLAIMS CAP; (E) THE PARTIES AGREE THAT SECTION 12 WILL APPLY REGARDLESS OF THE PERFORMANCE FORM OF OR FAILURE TO PERFORM THIS AGREEMENTACTION, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCTIN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF A PARTY HAS BEEN ADVISED OF ITS ESSENTIAL PURPOSE; AND (F) THE POSSIBILITY OF SUCH DAMAGES. 8.3 Limitations Fair and Reasonable. EACH PARTY ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY APPLICABLE MONETARY CAPS SET FORTH IN THIS SECTION 8 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES UNDER THIS AGREEMENT12 SHALL APPLY, AND THAT IN THE ABSENCE OF SUCH LIMITATIONS OF LIABILITYON AN AGGREGATED BASIS, THE ECONOMIC TERMS OF ACROSS THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENTAND ANY AND ALL SEPARATE AGREEMENT(S) GOVERNING CUSTOMER’S USE OF THE IOMETE OFFERINGS ENTERED INTO BETWEEN IOMETE AND ANY CUSTOMER “AFFILIATES,” INCLUDING WITHOUT LIMITATION, AS CONTEMPLATED BY SECTION 1.2 (AFFILIATES).