Common use of Limitation of Remedies and Damages Clause in Contracts

Limitation of Remedies and Damages. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, WORK STOPPAGE, AND/OR COMPUTER FAILURE OR MALFUNCTION, AND/OR COSTS OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES. Regardless of whether the claim for such damages is based in contract, tort and/or any other legal theory, in no event shall either party's aggregate liability to the other party for direct damages exceed the greater of: a) The amount of total fees paid or payable by You for the Software giving rise to such claim, or b) The applicable aPersona list price, at the date of the purchase, for the Software giving rise to such claim ordered by You, multiplied by the number of months in the Term, even if the other party has been advised of the possibility of such damages. No provision of this Agreement shall exclude or limit in any way (i) the liability of either party for breach of Section 17 (Confidentiality) or death or personal injury caused by that party’s negligence or willful misconduct, (ii) Your liability for excess usage of, and/or any breach of aPersona's intellectual property rights in the Software, or (iii) a party’s indemnity obligations in this Agreement. THE LIMITATION OF LIABILITY IN THIS SECTION IS BASED ON THE FACT THAT END USERS USE THEIR COMPUTERS FOR DIFFERENT PURPOSES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR NEEDS IN THE EVENT AN ERROR IN THE SOFTWARE CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS YOU AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTION.

Limitation of Remedies and Damages. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORYSeller’s liability and Xxxxx’s sole and exclusive remedy hereunder will be limited to repair, WHETHER IN TORTreplacement or credit, CONTRACT OR OTHERWISEat Seller’s option, SHALL EITHER PARTY with respect to Articles found by Seller in its sole discretion to be defective and returned to Seller at Buyer’s expense within 30 days after Xxxxx’s receipt of such Articles. No Articles may be returned without Seller’s express written preauthorization. Seller shall not be liable for a breach of warranty if: (a) the defect arises because Buyer fails to follow Seller’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Articles; (b) Buyer alters or repairs the Articles without the prior written consent of Seller; or (c) Articles become defective or inoperative due to normal use, accident, misapplication, abuse or misuse. SELLER WILL NOT BE LIABLE TO THE OTHER UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, SPECIALINCIDENTAL, INCIDENTAL CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL SPECIAL DAMAGES, DAMAGES FOR LOSS OF INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, WORK STOPPAGE, AND/OR COMPUTER FAILURE OR MALFUNCTION, AND/OR COSTS OF PROCURING SUBSTITUTE SOFTWARE ARTICLES, MACHINE WORK OR SERVICESLABOR COSTS, ARISING FROM THE SALE, USE OR INSTALLATION OF ARTICLES, FROM ARTICLES BEING INCORPORATED INTO OR BECOMING A COMPONENT OF ANOTHER ARTICLE, OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER BASED ON WARRANTY (EXPRESSED OR IMPLIED) OR OTHERWISE BASED ON CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, AND REGARDLESS OF ANY ADVICE OR REPRESENTATIONS THAT MAY HAVE BEEN RENDERED BY SELLER CONCERNING THE SALE, USE OR INSTALLATION OF ARTICLES, EVEN IF SELLER IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. Regardless of whether the claim for such damages is based in contract, tort and/or any other legal theory, in no event shall either party's aggregate liability to the other party for direct damages exceed the greater of: aIN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER BY BUYER FOR THE ARTICLES WITHIN THE SIX (6) The amount of total fees paid or payable by You for the Software giving rise to such claim, or b) The applicable aPersona list price, at the date of the purchase, for the Software giving rise to such claim ordered by You, multiplied by the number of months in the Term, even if the other party has been advised of the possibility of such damages. No provision of this Agreement shall exclude or limit in any way (i) the liability of either party for breach of Section 17 (Confidentiality) or death or personal injury caused by that party’s negligence or willful misconduct, (ii) Your liability for excess usage of, and/or any breach of aPersona's intellectual property rights in the Software, or (iii) a party’s indemnity obligations in this AgreementMONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO BUYER’S CLAIM. THE LIMITATION LIMITATIONS SET FORTH HEREIN SHALL BE VALID AND ENFORCEABLE NOTWITHSTANDING A FAILURE OF LIABILITY IN THIS SECTION IS BASED ON ESSENTIAL PURPOSE OF THE FACT THAT END USERS USE THEIR COMPUTERS FOR DIFFERENT PURPOSES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR NEEDS IN THE EVENT AN ERROR IN THE SOFTWARE CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS YOU AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTIONLIMITED REMEDY SET FORTH HEREIN.

Limitation of Remedies and Damages. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, 10.1. NEITHER TRIMBLE NOR ITS SUPPLIERS SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, OR CONSEQUENTIAL DAMAGESDAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES FOR LOSS IN ADVANCE. 10.2. NOTWITHSTANDING ANY OTHER PROVISION OF PROFITSTHIS AGREEMENT, LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, WORK STOPPAGE, AND/OR COMPUTER FAILURE OR MALFUNCTION, AND/OR COSTS OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES. Regardless of whether the claim for such damages is based in contract, tort and/or any other legal theory, in no event shall either party's aggregate liability to the other party for direct damages exceed the greater of:TRIMBLE AND ITS SUPPLIERS’ ENTIRE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO TRIMBLE UNDER THIS AGREEMENT. a) The amount of total fees paid or payable by You for the Software giving rise to such claim, or b) The applicable aPersona list price, at the date of the purchase, for the Software giving rise to such claim ordered by You, multiplied by the number of months in the Term, even if the other party has been advised of the possibility of such damages. No provision of this Agreement shall exclude or limit in any way (i) the liability of either party for breach of Section 17 (Confidentiality) or death or personal injury caused by that party’s negligence or willful misconduct, (ii) Your liability for excess usage of, and/or any breach of aPersona's intellectual property rights in the Software, or (iii) a party’s indemnity obligations in this Agreement10.3. THE LIMITATION SOFTWARE IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN LIFE SUPPORT, MEDICAL, EMERGENCY, MISSION CRITICAL OR OTHER STRICT LIABILITY OR HAZARDOUS ACTIVITIES (“HIGH RISK ACTIVITIES”). TRIMBLE SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF LIABILITY IN THIS SECTION IS BASED ON THE FACT FITNESS FOR HIGH RISK ACTIVITIES. YOU REPRESENT AND WARRANT THAT END USERS YOU WILL NOT USE THEIR COMPUTERS FOR DIFFERENT PURPOSES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR NEEDS IN THE EVENT AN ERROR IN THE SOFTWARE CAUSES COMPUTER PROBLEMS (OR PERMIT IT TO BE USED) FOR HIGH RISK ACTIVITIES, AND RELATED DATA LOSSESAGREE THAT TRIMBLE WILL HAVE NO LIABILITY FOR USE OF THE SOFTWARE IN HIGH RISK ACTIVITIES. FOR THESE BUSINESS REASONS YOU AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTIONINDEMNIFY AND HOLD HARMLESS TRIMBLE FOR ANY DAMAGES, LIABILITIES OR OTHER LOSSES RESULTING FROM SUCH USE. 10.4. The parties agree that the limitations specified in this Section 10 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Limitation of Remedies and Damages. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORYAll claims for shipping error or freight damage must be made in writing within ten (10) days of receipt of the Offering with respect to which the claim is being made, WHETHER IN TORTand must specify the quantity and condition of the Offering that was received by Buyer; failure to make any such claims within such time will be deemed to constitute Buyer’s irrevocable waiver of any such claims. Seller reserves the right to accept or reject any such claim in whole or in part. If Xxxxx believes that any goods delivered as part of the Offerings are defective, CONTRACT OR OTHERWISEBuyer shall notify Seller of the same in writing within thirty (30) days of Buyer’s receipt thereof, SHALL EITHER PARTY and Buyer shall, at Buyer’s sole cost and expense, return such Offerings to Seller within ten (10) days of Seller’s written preauthorization for such return. Buyer may not return any Offerings without Seller’s express written preauthorization. Seller’s liability and Xxxxx’s sole and exclusive remedy hereunder will be limited to repair, replacement, or credit, at Seller’s option, with respect to any Offerings that Seller determines in its sole discretion is actually defective. Seller will not be liable for a breach of warranty if (a) the defect arises because Buyer fails to follow Seller’s oral or written instructions as to the storage, installation, commissioning, use, or maintenance of the Offering, (b) Buyer alters or repairs the Offering without the prior written consent of Seller, or (c) the Offering becomes defective or inoperative due to normal use, accident, misapplication, abuse, or misuse. SELLER WILL NOT BE LIABLE TO THE OTHER UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, SPECIALINCIDENTAL, INCIDENTAL CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL SPECIAL DAMAGES, DAMAGES FOR LOSS OF INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, WORK STOPPAGE, AND/OR COMPUTER FAILURE OR MALFUNCTION, AND/OR COSTS OF PROCURING SUBSTITUTE SOFTWARE GOODS AND SERVICES, MACHINE WORK OR SERVICESLABOR COSTS, ARISING FROM THE SALE, USE, OR INSTALLATION OF THE OFFERINGS, FROM OFFERINGS BEING INCORPORATED INTO OR BECOMING A COMPONENT OF ANOTHER GOOD, OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER BASED ON WARRANTY (EXPRESSED OR IMPLIED) OR OTHERWISE BASED ON CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, AND REGARDLESS OF ANY ADVICE OR REPRESENTATIONS THAT MAY HAVE BEEN RENDERED BY SELLER CONCERNING THE SALE, USE, OR INSTALLATION OF THE OFFERINGS, EVEN IF SELLER IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. Regardless of whether the claim for such damages is based in contract, tort and/or any other legal theory, in no event shall either party's aggregate liability to the other party for direct damages exceed the greater of: aIN NO EVENT WILL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID TO SELLER BY BUYER FOR THE OFFERINGS WITHIN THE THREE (3) The amount of total fees paid or payable by You for the Software giving rise to such claim, or b) The applicable aPersona list price, at the date of the purchase, for the Software giving rise to such claim ordered by You, multiplied by the number of months in the Term, even if the other party has been advised of the possibility of such damages. No provision of this Agreement shall exclude or limit in any way (i) the liability of either party for breach of Section 17 (Confidentiality) or death or personal injury caused by that party’s negligence or willful misconduct, (ii) Your liability for excess usage of, and/or any breach of aPersona's intellectual property rights in the Software, or (iii) a party’s indemnity obligations in this AgreementMONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO BUYER’S CLAIM. THE LIMITATION LIMITATIONS SET FORTH HEREIN SHALL BE VALID AND ENFORCEABLE NOTWITHSTANDING A FAILURE OF LIABILITY IN THIS SECTION IS BASED ON ESSENTIAL PURPOSE OF THE FACT THAT END USERS USE THEIR COMPUTERS FOR DIFFERENT PURPOSES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR NEEDS IN THE EVENT AN ERROR IN THE SOFTWARE CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS YOU AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTIONLIMITED REMEDY SET FORTH HEREIN.

Limitation of Remedies and Damages. UNDER IN NO CIRCUMSTANCES AND UNDER NO LEGAL THEORYEVENT WILL HIS, WHETHER IN TORTITS SUBSIDIARIES OR ANY OF THE LICENSORS, CONTRACT DIRECTORS, OFFICERS, EMPLOYEES OR OTHERWISE, SHALL EITHER PARTY AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO THE LICENSEE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECTCONSEQUENTIAL, SPECIALINCIDENTAL, INCIDENTAL INDIRECT OR CONSEQUENTIAL DAMAGESSPECIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILLBUSINESS INFORMATION AND THE LIKE), LOSS WHETHER FORESEEABLE OR UNFORESEEABLE, OR FOR COST OF PERSONNEL SALARIESPROCUREMENT OF SUBSTITUTE GOODS, WORK STOPPAGE, AND/OR COMPUTER FAILURE OR MALFUNCTION, AND/OR COSTS OF PROCURING SUBSTITUTE SOFTWARE TECHNOLOGY OR SERVICES, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF HIS OR A HIS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Regardless of whether the claim for such damages is based in contractHIS’s CUMULATIVE LIABILITY FOR DAMAGES FOR ANY CAUSE WHATSOEVER, tort and/or any other legal theoryAND REGARDLESS OF THE FORM OF THE ACTION, in no event shall either party's aggregate liability to the other party for direct damages exceed the greater of: a) The amount of total fees paid or payable by You for the Software giving rise to such claim, or b) The applicable aPersona list price, at the date of the purchase, for the Software giving rise to such claim ordered by You, multiplied by the number of months in the Term, even if the other party has been advised of the possibility of such damagesWILL BE LIMITED TO NO GREATER THAN THE AMOUNT OF MONEY PAID TO HIS FOR THE SOFTWARE THAT CAUSED THE DAMAGES. No provision of this Agreement shall exclude or limit in any way (i) the liability of either party for breach of Section 17 (Confidentiality) or death or personal injury caused by that party’s negligence or willful misconduct, (ii) Your liability for excess usage of, and/or any breach of aPersona's intellectual property rights in the Software, or (iii) a party’s indemnity obligations in this AgreementNO ACTION MAY BE BROUGHT AGAINST HIS LATER THAN ONE YEAR FROM THE TERMINATION OF THIS AGREEMENT. THE LIMITATION OF LIABILITY HIS’S WARRANTIES SET FORTH IN THIS SECTION IS BASED ON AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE FACT IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HIS DOES NOT WARRANT THAT END USERS USE THEIR COMPUTERS FOR DIFFERENT PURPOSES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR NEEDS IN THE EVENT AN ERROR FUNCTIONS CONTAINED IN THE SOFTWARE CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSESWILL NECESSARILY MEET ALL CUSTOMER’S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. FOR THESE BUSINESS REASONS YOU AGREE TO NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HIS, OR AN AUTHORIZED REPRESENTATIVE OF HIS SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE LIMITATIONS SCOPE OF LIABILITY IN THIS SECTIONWARRANTY.

Limitation of Remedies and Damages. UNDER Buyer’s sole remedies and Celeno’s entire liability are as set forth above. IN NO CIRCUMSTANCES AND UNDER NO LEGAL THEORYEVENT SHALL CELENO OR ANY OF ITS LICENSORS, WHETHER IN TORTDIRECTORS, CONTRACT OFFICERS, EMPLOYEES OR OTHERWISE, SHALL EITHER PARTY AFFILIATES BE LIABLE TO THE OTHER BUYER FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT, SPECIALSPECIAL OR SIMILAR DAMAGES WHATSOEVER (INCLUDING, INCIDENTAL OR CONSEQUENTIAL DAMAGESWITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILLBUSINESS INFORMATION AND THE LIKE), LOSS WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF PERSONNEL SALARIESTHE USE OR INABILITY TO USE THE PRODUCT OR ACCOMPANYING WRITTEN MATERIALS, WORK STOPPAGEREGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF CELENO OR A CELENO REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. CELENO'S LIABILITY TO BUYER FOR DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND/OR COMPUTER FAILURE OR MALFUNCTIONAND REGARDLESS OF THE BASIS OF THE FORM OF THE ACTION, AND/OR COSTS WILL BE LIMITED TO THE PRICE PAID FOR THE PRODUCT THAT CAUSED THE DAMAGES. THIS LIMITATION WILL NOT APPLY IN CASE OF PROCURING SUBSTITUTE SOFTWARE OR SERVICESPERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY WITHOUT THIS LIMITATION. Regardless of whether the claim for such damages is based in contract, tort and/or any other legal theory, in no event shall either party's aggregate liability to the other party for direct damages exceed the greater of: a) The amount of total fees paid or payable by You for the Software giving rise to such claim, or b) The applicable aPersona list price, at the date of the purchase, for the Software giving rise to such claim ordered by You, multiplied by the number of months in the Term, even if the other party has been advised of the possibility of such damages. No provision of this Agreement shall exclude or limit in any way (i) the liability of either party for breach of Section 17 (Confidentiality) or death or personal injury caused by that party’s negligence or willful misconduct, (ii) Your liability for excess usage of, and/or any breach of aPersona's intellectual property rights in the Software, or (iii) a party’s indemnity obligations in this Agreement. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN THIS SECTION IS BASED ON INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS, SO THE FACT THAT END USERS USE THEIR COMPUTERS FOR DIFFERENT PURPOSES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS APPROPRIATE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOUR NEEDS IN THE EVENT AN ERROR IN THE SOFTWARE CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS YOU AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTIONBUYER.

Limitation of Remedies and Damages. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, 8.1. NEITHER WE NOR OUR SUPPLIERS SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, OR CONSEQUENTIAL DAMAGESCONSEQUEN- TIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLI- GENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES FOR LOSS IN ADVANCE. 8.2. NOTWITHSTANDING ANY OTHER PROVISION OF PROFITSTHIS AGREEMENT, LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, WORK STOPPAGE, AND/OR COMPUTER FAILURE OR MALFUNCTION, AND/OR COSTS OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES. Regardless of whether the claim for such damages is based in contract, tort and/or any other legal theory, in no event shall either party's aggregate liability to the other party for direct damages exceed the greater of:WE AND OUR SUPPLIERS’ ENTIRE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US UNDER THIS AGREEMENT. a) The amount of total fees paid or payable by You for the Software giving rise to such claim, or b) The applicable aPersona list price, at the date of the purchase, for the Software giving rise to such claim ordered by You, multiplied by the number of months in the Term, even if the other party has been advised of the possibility of such damages. No provision of this Agreement shall exclude or limit in any way (i) the liability of either party for breach of Section 17 (Confidentiality) or death or personal injury caused by that party’s negligence or willful misconduct, (ii) Your liability for excess usage of, and/or any breach of aPersona's intellectual property rights in the Software, or (iii) a party’s indemnity obligations in this Agreement8.3. THE LIMITATION SOFTWARE IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MAN- UFACTURED OR INTENDED FOR USE IN LIFE SUPPORT, MEDICAL, EMER- GENCY, MISSION CRITICAL OR OTHER STRICT LIABILITY OR HAZARDOUS ACTIVITIES (“HIGH RISK ACTIVITIES”). WE SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF LIABILITY IN THIS SECTION IS BASED ON THE FACT FITNESS FOR HIGH RISK ACTIVITIES. YOU REPRESENT AND WARRANT THAT END USERS YOU WILL NOT USE THEIR COMPUTERS FOR DIFFERENT PURPOSES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR NEEDS IN THE EVENT AN ERROR IN THE SOFTWARE CAUSES COMPUTER PROBLEMS (OR PERMIT IT TO BE USED) FOR HIGH RISK ACTIVITIES, AND RELATED DATA LOSSESAGREE THAT WE WILL HAVE NO LIABILITY FOR USE OF THE SOFTWARE IN HIGH RISK ACTIVITIES. FOR THESE BUSINESS REASONS YOU AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTIONINDEMNIFY AND HOLD US HARMLESS FOR ANY DAMAGES, LIABILITIES OR OTHER LOSSES RESULTING FROM SUCH USE. 8.4. The Parties agree that the limitations specified in this Section 8 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Limitation of Remedies and Damages. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, 10.1 NEITHER LICENSEE NOR EMOTIV (INCLUDING XXXXXX’S SUPPLIERS) SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, OR CONSEQUENTIAL DAMAGESDAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THIS SECTION 10.1 SHALL NOT APPLY TO LICENSEE WITH RESPECT TO ANY CLAIM ARISING UNDER THE SECTIONS TITLED “LICENSE GRANT,” “LICENSE RESTRICTIONS,” “EMOTIV EQUIPMENT,” “INDEMNIFICATION” OR “CONFIDENTIAL INFORMATION”. 10.2 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, EMOTIV AND ITS SUPPLIERS’ ENTIRE LIABILITY TO LICENSEE UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY LICENSEE TO EMOTIV UNDER THIS AGREEMENT. 10.3 THE EMOTIV EQUIPMENT IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR LOSS USE IN HAZARDOUS ENVIRONMENTS OR ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE WHERE THE FAILURE OF PROFITSTHE EMOTIV EQUIPMENT COULD LEAD TO DEATH, LOSS PERSONAL INJURY, OR SIGNIFICANT PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). FOR THE AVOIDANCE OF GOODWILLDOUBT, LOSS LICENSEE SHALL BEAR ALL RISK AND LIABILITY FOR ANY USE OF PERSONNEL SALARIES, WORK STOPPAGE, AND/THE EMOTIV EQUIPMENT IN HIGH RISK ACTIVITIES. IN NO EVENT SHALL EMOTIV OR COMPUTER FAILURE OR MALFUNCTION, AND/OR COSTS OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES. Regardless of whether the claim for such damages is based in contract, tort and/or any other legal theory, in no event shall either party's aggregate liability to the other party for direct damages exceed the greater of: a) The amount of total fees paid or payable by You for the Software giving rise to such claim, or b) The applicable aPersona list price, at the date of the purchase, for the Software giving rise to such claim ordered by You, multiplied by the number of months in the Term, even if the other party has been advised of the possibility of such damages. No provision of this Agreement shall exclude or limit in any way (i) the liability of either party for breach of Section 17 (Confidentiality) or death or personal injury caused by that party’s negligence or willful misconduct, (ii) Your liability for excess usage of, and/or any breach of aPersona's intellectual property rights in the Software, or (iii) a party’s indemnity obligations in this Agreement. ITS SUPPLIERS HAVE ANY LIABILITY EXCEEDING THE LIMITATION OF LIABILITY LIMITATIONS SET FORTH IN THIS SECTION IS BASED ON THE FACT THAT END USERS USE THEIR COMPUTERS FOR DIFFERENT PURPOSES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR NEEDS IN THE EVENT AN ERROR IN THE SOFTWARE CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS YOU AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTION10. 10.4 The parties agree that the limitations specified in this Section 10 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Limitation of Remedies and Damages. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, 8.1. NEITHER LIQID NOR LIQID’S SUPPLIERS SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, OR CONSEQUENTIAL DAMAGESDAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. 8.2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, LIQID AND ITS SUPPLIERS’ ENTIRE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE LESSER OF (I) THE AMOUNTS ACTUALLY PAID BY YOU FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, WORK STOPPAGE, AND/THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEEDING THE EVENTS GIVING RISE TO THE CLAIM; OR COMPUTER FAILURE OR MALFUNCTION, AND/OR COSTS OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES. Regardless of whether the claim for such damages is based in contract, tort and/or any other legal theory, in no event shall either party's aggregate liability to the other party for direct damages exceed the greater of:(II) THE AMOUNTS ACTUALLY PAID BY YOU FOR THE SOFTWARE. a) The amount of total fees paid or payable by You for the Software giving rise to such claim, or b) The applicable aPersona list price, at the date of the purchase, for the Software giving rise to such claim ordered by You, multiplied by the number of months in the Term, even if the other party has been advised of the possibility of such damages. No provision of this Agreement shall exclude or limit in any way (i) the liability of either party for breach of Section 17 (Confidentiality) or death or personal injury caused by that party’s negligence or willful misconduct, (ii) Your liability for excess usage of, and/or any breach of aPersona's intellectual property rights in the Software, or (iii) a party’s indemnity obligations in this Agreement8.3. THE LIMITATION SOFTWARE IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN LIFE SUPPORT, MEDICAL, EMERGENCY, MISSION CRITICAL OR OTHER STRICT LIABILITY OR HAZARDOUS ACTIVITIES (“HIGH RISK ACTIVITIES”). LIQID SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF LIABILITY IN THIS SECTION IS BASED ON THE FACT FITNESS FOR HIGH RISK ACTIVITIES. YOU REPRESENT AND WARRANT THAT END USERS YOU WILL NOT USE THEIR COMPUTERS FOR DIFFERENT PURPOSES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR NEEDS IN THE EVENT AN ERROR IN THE SOFTWARE CAUSES COMPUTER PROBLEMS (OR PERMIT IT TO BE USED) FOR HIGH RISK ACTIVITIES AND RELATED DATA LOSSESAGREE THAT LIQID WILL HAVE NO LIABILITY FOR USE OF THE SOFTWARE IN HIGH RISK ACTIVITIES. FOR THESE BUSINESS REASONS YOU AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTIONINDEMNIFY AND HOLD HARMLESS LIQID FOR ANY DAMAGES, LIABILITIES OR OTHER LOSSES RESULTING FROM SUCH USE. 8.4. The parties agree that the limitations specified in this Section 8 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Limitation of Remedies and Damages. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, 9.1. NEITHER TRIMBLE NOR XXXXXXX’X SUPPLIERS SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, OR CONSEQUENTIAL DAMAGESDAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES FOR LOSS IN ADVANCE. 9.2. NOTWITHSTANDING ANY OTHER PROVISION OF PROFITSTHIS AGREEMENT, LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, WORK STOPPAGE, AND/OR COMPUTER FAILURE OR MALFUNCTION, AND/OR COSTS OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES. Regardless of whether the claim for such damages is based in contract, tort and/or any other legal theory, in no event shall either party's aggregate liability to the other party for direct damages exceed the greater of:TRIMBLE AND ITS SUPPLIERS’ ENTIRE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO TRIMBLE UNDER THIS AGREEMENT. a) The amount of total fees paid or payable by You for the Software giving rise to such claim, or b) The applicable aPersona list price, at the date of the purchase, for the Software giving rise to such claim ordered by You, multiplied by the number of months in the Term, even if the other party has been advised of the possibility of such damages. No provision of this Agreement shall exclude or limit in any way (i) the liability of either party for breach of Section 17 (Confidentiality) or death or personal injury caused by that party’s negligence or willful misconduct, (ii) Your liability for excess usage of, and/or any breach of aPersona's intellectual property rights in the Software, or (iii) a party’s indemnity obligations in this Agreement9.3. THE LIMITATION SOFTWARE IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN LIFE SUPPORT, MEDICAL, EMERGENCY, MISSION CRITICAL OR OTHER STRICT LIABILITY OR HAZARDOUS ACTIVITIES (“HIGH RISK ACTIVITIES”). TRIMBLE SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF LIABILITY IN THIS SECTION IS BASED ON THE FACT FITNESS FOR HIGH RISK ACTIVITIES. YOU REPRESENT AND WARRANT THAT END USERS YOU WILL NOT USE THEIR COMPUTERS FOR DIFFERENT PURPOSES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR NEEDS IN THE EVENT AN ERROR IN THE SOFTWARE CAUSES COMPUTER PROBLEMS (OR PERMIT IT TO BE USED) FOR HIGH RISK ACTIVITIES, AND RELATED DATA LOSSESAGREE THAT TRIMBLE WILL HAVE NO LIABILITY FOR USE OF THE SOFTWARE IN HIGH RISK ACTIVITIES. FOR THESE BUSINESS REASONS YOU AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTIONINDEMNIFY AND HOLD HARMLESS TRIMBLE FOR ANY DAMAGES, LIABILITIES OR OTHER LOSSES RESULTING FROM SUCH USE. 9.4. The parties agree that the limitations specified in this Section 9 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Limitation of Remedies and Damages. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, 8.1. NEITHER TRIMBLE NOR XXXXXXX’X SUPPLIERS SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, OR CONSEQUENTIAL DAMAGESDAMAGES OF ANY KIND (INCLUDING LOST PROFITS), RE- GARDLESS OF THE FORM OF ACTION, WHETHER IN CON- TRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES FOR LOSS IN ADVANCE. 8.2. NOTWITHSTANDING ANY OTHER PROVISION OF PROFITSTHIS AGREEMENT, LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, WORK STOPPAGE, AND/OR COMPUTER FAILURE OR MALFUNCTION, AND/OR COSTS OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES. Regardless of whether the claim for such damages is based in contract, tort and/or any other legal theory, in no event shall either party's aggregate liability to the other party for direct damages exceed the greater of:TRIMBLE AND ITS SUPPLIERS’ ENTIRE LIABIL- ITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO TRIMBLE UNDER THIS AGREEMENT. a) The amount of total fees paid or payable by You for the Software giving rise to such claim, or b) The applicable aPersona list price, at the date of the purchase, for the Software giving rise to such claim ordered by You, multiplied by the number of months in the Term, even if the other party has been advised of the possibility of such damages. No provision of this Agreement shall exclude or limit in any way (i) the liability of either party for breach of Section 17 (Confidentiality) or death or personal injury caused by that party’s negligence or willful misconduct, (ii) Your liability for excess usage of, and/or any breach of aPersona's intellectual property rights in the Software, or (iii) a party’s indemnity obligations in this Agreement8.3. THE LIMITATION SOFTWARE IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN LIFE SUPPORT, MEDICAL, EMERGENCY, MISSION CRITICAL OR OTHER STRICT LIABILITY OR HAZARDOUS ACTIVITIES (“HIGH RISK ACTIVITIES”). TRIMBLE SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF LIABILITY IN THIS SECTION IS BASED ON THE FACT FITNESS FOR HIGH RISK ACTIVITIES. YOU REPRESENT AND WARRANT THAT END USERS YOU WILL NOT USE THEIR COMPUTERS FOR DIFFERENT PURPOSES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR NEEDS IN THE EVENT AN ERROR IN THE SOFTWARE CAUSES COMPUTER PROBLEMS (OR PERMIT IT TO BE USED) FOR HIGH RISK ACTIVITIES, AND RELATED DATA LOSSESAGREE THAT TRIM- BLE WILL HAVE NO LIABILITY FOR USE OF THE SOFTWARE IN HIGH RISK ACTIVITIES. FOR THESE BUSINESS REASONS YOU AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTIONINDEMNIFY AND HOLD HARMLESS TRIMBLE FOR ANY DAMAGES, LIABILITIES OR OTHER LOSSES RESULTING FROM SUCH USE. 8.4. The parties agree that the limitations specified in this Section 8 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its es- sential purpose.

Limitation of Remedies and Damages. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, 7.1. NEITHER TRIMBLE NOR XXXXXXX’X SUPPLIERS SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, OR CONSEQUENTIAL DAMAGESDAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES FOR LOSS IN ADVANCE. 7.2. NOTWITHSTANDING ANY OTHER PROVISION OF PROFITSTHIS AGREEMENT, LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, WORK STOPPAGE, AND/OR COMPUTER FAILURE OR MALFUNCTION, AND/OR COSTS OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES. Regardless of whether the claim for such damages is based in contract, tort and/or any other legal theory, in no event shall either party's aggregate liability to the other party for direct damages exceed the greater of:TRIMBLE AND ITS SUPPLIERS’ ENTIRE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO TRIMBLE UNDER THIS AGREEMENT. a) The amount of total fees paid or payable by You for the Software giving rise to such claim, or b) The applicable aPersona list price, at the date of the purchase, for the Software giving rise to such claim ordered by You, multiplied by the number of months in the Term, even if the other party has been advised of the possibility of such damages. No provision of this Agreement shall exclude or limit in any way (i) the liability of either party for breach of Section 17 (Confidentiality) or death or personal injury caused by that party’s negligence or willful misconduct, (ii) Your liability for excess usage of, and/or any breach of aPersona's intellectual property rights in the Software, or (iii) a party’s indemnity obligations in this Agreement7.3. THE LIMITATION WEB SERVICES AND API ARE NOT FAULT TOLERANT AND ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN LIFE SUPPORT, MEDICAL, EMERGENCY, MISSION CRITICAL OR OTHER STRICT LIABILITY OR HAZARDOUS ACTIVITIES (“HIGH RISK ACTIVITIES”). TRIMBLE SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. YOU REPRESENT AND WARRANT THAT YOU WILL NOT USE THE WEB SERVICES OR API FOR HIGH RISK ACTIVITIES, AND AGREE THAT TRIMBLE WILL HAVE NO LIABILITY FOR USE OF THE WEB SERVICES OR API IN THIS SECTION IS BASED ON THE FACT THAT END USERS USE THEIR COMPUTERS FOR DIFFERENT PURPOSESHIGH RISK ACTIVITIES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR NEEDS IN THE EVENT AN ERROR IN THE SOFTWARE CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TRIMBLE FOR ANY DAMAGES, LIABILITIES OR OTHER LOSSES RESULTING FROM SUCH USE BY YOU. THE LIMITATIONS CONTENT IS PROVIDED FOR REFERENCE PURPOSES ONLY AND SHOULD NOT BE USED FOR PRIMARY NAVIGATION. ACTUAL CONDITIONS MAY VARY FROM THE DEPICTIONS IN THE CONTENT. TRIMBLE HAS NO LIABILITY FOR ANY USE BY END USERS OF LIABILITY IN THIS SECTIONCONTENT FOR PRIMARY NAVIGATION. 7.4. The parties agree that the limitations specified in this Section 7 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Limitation of Remedies and Damages. a) UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, NEGLIGENCE, CONTRACT OR OTHERWISE, SHALL EITHER PARTY BE LIABLE TO THE OTHER UNDER THIS AGREEMENT OR IN CONNECTION WITH ITS SUBJECT MATTER FOR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR CONSEQUENTIAL DAMAGES, EXTRA-CONTRACTUAL DAMAGES FOR LOSS OF PROFITSANY KIND, LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, LOST PROFITS OR REVENUE, DAMAGES DUE TO WORK STOPPAGE, STOPPAGE AND/OR COMPUTER FAILURE OR MALFUNCTION, AND/OR COSTS OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES. Regardless of whether the claim for such damages is based in contract, tort and/or any other legal theoryWHETHER OR NOT FORESEEABLE, in no event shall either party's aggregate liability to the other party for direct damages exceed the greater of: a) The amount of total fees paid or payable by You for the Software giving rise to such claim, orEVEN IF THE EXCLUSIVE REMEDIES PROVIDED BY THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE AND EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES. b) The applicable aPersona list priceREGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED IN CONTRACT, at the date of the purchaseTORT AND/OR ANY OTHER LEGAL THEORY, for the Software giving rise to such claim ordered by You, multiplied by the number of months in the Term, even if the other party has been advised of the possibility of such damages. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY TO THE OTHER PARTY FOR DIRECT DAMAGES UNDER THIS AGREEMENT OR IN CONNECTION WITH ITS SUBJECT MATTER EXCEED THE AMOUNT OF TOTAL FEES PAID OR PAYABLE BY YOU FOR THE SOFTWARE GIVING RISE TO SUCH CLAIM DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. c) No provision of this Agreement shall exclude or limit in any way (i) the liability of either party for breach of Section 17 (Confidentiality) or death or personal injury caused by that party’s negligence or willful misconduct, (ii) Your your liability for excess usage of, of and/or any breach of aPersona's Intel’s intellectual property rights in the Software. Furthermore, nothing in the Agreement shall exclude or (iiilimit your liability for fraud or for any other matter for which liability cannot be excluded by law. d) a party’s indemnity obligations in this Agreement. THE LIMITATION OF LIABILITY IN THIS SECTION IS BASED ON THE FACT THAT END USERS USE THEIR COMPUTERS FOR DIFFERENT PURPOSES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR NEEDS IN THE EVENT THAT AN ERROR IN THE SOFTWARE CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS REASONS, YOU AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTIONSECTION AND ACKNOWLEDGE THAT WITHOUT YOUR AGREEMENT TO THIS PROVISION, THE FEE CHARGED FOR THE SOFTWARE WOULD BE HIGHER.

Limitation of Remedies and Damages. a) UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, NEGLIGENCE, CONTRACT OR OTHERWISE, SHALL EITHER PARTY BE LIABLE TO THE OTHER UNDER THIS AGREEMENT OR IN CONNECTION WITH ITS SUBJECT MATTER FOR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR CONSEQUENTIAL DAMAGES, EXTRA-CONTRACTUAL DAMAGES FOR LOSS OF PROFITSANY KIND, LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, LOST PROFITS OR REVENUE, DAMAGES DUE TO WORK STOPPAGE, STOPPAGE AND/OR COMPUTER FAILURE OR MALFUNCTION, AND/OR COSTS OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES. Regardless of whether the claim for such damages is based in contract, tort and/or any other legal theoryWHETHER OR NOT FORESEEABLE, in no event shall either party's aggregate liability to the other party for direct damages exceed the greater of: a) The amount of total fees paid or payable by You for the Software giving rise to such claim, orEVEN IF THE EXCLUSIVE REMEDIES PROVIDED BY THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE AND EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES. b) The applicable aPersona list priceREGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED IN CONTRACT, at the date of the purchaseTORT AND/OR ANY OTHER LEGAL THEORY, for the Software giving rise to such claim ordered by You, multiplied by the number of months in the Term, even if the other party has been advised of the possibility of such damages. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY TO THE OTHER PARTY FOR DIRECT DAMAGES UNDER THIS AGREEMENT OR IN CONNECTION WITH ITS SUBJECT MATTER EXCEED THE AMOUNT OF TOTAL FEES PAID OR PAYABLE BY YOU FOR THE SOFTWARE GIVING RISE TO SUCH CLAIM DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. c) No provision of this Agreement shall exclude or limit in any way (i) the liability of either party for breach of Section 17 (Confidentiality) or death or personal injury caused by that party’s negligence or willful misconduct, (ii) Your your liability for excess usage of, of and/or any breach of aPersona's McAfee’s intellectual property rights in the Software, or (iii. d) a party’s indemnity obligations in this Agreement. THE LIMITATION OF LIABILITY IN THIS SECTION IS BASED ON THE FACT THAT END USERS USE THEIR COMPUTERS FOR DIFFERENT PURPOSES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR NEEDS IN THE EVENT THAT AN ERROR IN THE SOFTWARE CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS REASONS, YOU AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTIONSECTION AND ACKNOWLEDGE THAT WITHOUT YOUR AGREEMENT TO THIS PROVISION, THE FEE CHARGED FOR THE SOFTWARE WOULD BE HIGHER.

Limitation of Remedies and Damages. UNDER IN NO CIRCUMSTANCES AND UNDER NO LEGAL THEORYEVENT WILL NETWRIX, WHETHER IN TORTITS LICENSORS, CONTRACT ITS AFFILIATES, SUBSIDIARIES, OR OTHERWISEANY OF THEIR RESPECTIVE DIRECTORS, SHALL EITHER PARTY OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE TO THE LICENSEE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECTPUNITIVE, SPECIALCONSEQUENTIAL, INCIDENTAL INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGESSPECIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILLBUSINESS INFORMATION AND DATA AND THE LIKE), LOSS WHETHER FORESEEABLE OR UNFORESEEABLE, OR FOR COST OF PERSONNEL SALARIESPROCUREMENT OF SUBSTITUTE GOODS, WORK STOPPAGETECHNOLOGY OR SERVICES, AND/REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF NETWRIX OR COMPUTER FAILURE OR MALFUNCTIONA NETWRIX REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. NETWRIX'S CUMULATIVE LIABILITY FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND/OR COSTS AND REGARDLESS OF PROCURING SUBSTITUTE THE FORM OF THE ACTION, WILL BE LIMITED TO NO GREATER THAN THE FEES PAID BY LICENSEE TO NETWRIX DURING THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR THE SOFTWARE OR SERVICESANY SERVICES (EXCLUDING APPLICABLE TAXES AND PAYMENT FEES) THAT CAUSED THE DAMAGES. Regardless of whether the claim for such damages is based in contract, tort and/or any other legal theory, in no event shall either party's aggregate liability to the other party for direct damages exceed the greater of: a) The amount of total fees paid or payable by You for the Software giving rise to such claim, or b) The applicable aPersona list price, at the date of the purchase, for the Software giving rise to such claim ordered by You, multiplied by the number of months in the Term, even if the other party has been advised of the possibility of such damages. No provision of this Agreement shall exclude or limit in any way (i) the liability of either party for breach of Section 17 (Confidentiality) or death or personal injury caused by that party’s negligence or willful misconduct, (ii) Your liability for excess usage of, and/or any breach of aPersona's intellectual property rights in the Software, or (iii) a party’s indemnity obligations in this Agreement. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY IN AS SET FORTH HEREIN NETWRIX'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. LICENSEE AGREES THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SECTION IS BASED ON THE FACT THAT END USERS USE THEIR COMPUTERS FOR DIFFERENT PURPOSES. THEREFOREAGREEMENT, ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR NEEDS IN THE EVENT AN ERROR IN THE SOFTWARE CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS YOU AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTION.OR ANY SERVICES BROUGHT BY LICENSEE MUST BE FILED WITHIN NO LATER THAN SIX

Limitation of Remedies and Damages. UNDER To the maximum extent permitted by applicable law, eptaronline‘s entire liability and YOUR exclusive remedy will be, at eptaronline‘s option, either the refund of the price paid or the replacement of any disk not meeting eptaronline‘s "Limited Warranty" above. IN NO CIRCUMSTANCES AND UNDER NO LEGAL THEORYEVENT WILL EPTARONLINE, WHETHER IN TORTITS RESELLERS, CONTRACT ITS DISTRIBUTORS, OR OTHERWISE, SHALL EITHER PARTY ITS SUPPLIERS BE LIABLE TO THE OTHER FOR ANY DIRECT, INDIRECT, SPECIALINCIDENTAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF GOODWILLPRIVACY, OR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF PERSONNEL SALARIESOR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, WORK STOPPAGETHE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, AND/OR COMPUTER FAILURE OTHERWISE UNDER OR MALFUNCTIONIN CONNECTION WITH ANY PROVISION OF THIS XXXX, AND/EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR COSTS BREACH OF PROCURING SUBSTITUTE SOFTWARE WARRANTY OF EPTARONLINE OR SERVICESANY SUPPLIER, AND EVEN IF EPTARONLINE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Regardless Some states or countries do not allow the limitation or exclusion of whether liability for incidental or consequential damages, so the claim above limitation or exclusion may not apply to YOU. Notwithstanding any damages that YOU might incur for such any reason whatsoever (including, without limitation, all damages is based in contractreferenced above and all direct or general damages), tort and/or IN NO EVENT WILL EPTARONLINE’S LIABILTY OR DAMAGES TO YOU OR ANY OTHER PERSON EVER EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF THE CLAIM. This liability shall exclude any shipping, handling, insurance or other legal theoryincidental charges that cannot be recovered. The foregoing limitations, in no event exclusions and disclaimers shall either party's aggregate liability apply to the other party for direct damages exceed the greater of: a) The amount of total fees paid or payable maximum extent permitted by You for the Software giving rise to such claim, or b) The applicable aPersona list price, at the date of the purchase, for the Software giving rise to such claim ordered by You, multiplied by the number of months in the Termlaw, even if the other party has been advised of the possibility of such damagesany remedy fails its essential purpose. No provision of this Agreement shall exclude or limit in any way (i) the liability of either party for breach of Section 17 (Confidentiality) or death or personal injury caused by that party’s negligence or willful misconductIF YOU DO NOT WISH TO ACCEPT THE TERMS OF THIS XXXX, (ii) Your liability for excess usage of, and/or any breach of aPersona's intellectual property rights in the Software, or (iii) a party’s indemnity obligations in this Agreement. DO NOT INSTALL THE LIMITATION OF LIABILITY IN THIS SECTION IS BASED ON THE FACT THAT END USERS USE THEIR COMPUTERS FOR DIFFERENT PURPOSES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR NEEDS IN THE EVENT AN ERROR IN THE SOFTWARE CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS YOU AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTIONSOFTWARE.

Limitation of Remedies and Damages. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, 7.1. NEITHER TRIMBLE NOR XXXXXXX’X SUPPLIERS SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, OR CONSEQUENTIAL DAMAGESDAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES FOR LOSS IN ADVANCE. 7.2. NOTWITHSTANDING ANY OTHER PROVISION OF PROFITSTHIS AGREEMENT, LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, WORK STOPPAGE, AND/OR COMPUTER FAILURE OR MALFUNCTION, AND/OR COSTS OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES. Regardless of whether the claim for such damages is based in contract, tort and/or any other legal theory, in no event shall either party's aggregate liability to the other party for direct damages exceed the greater of:TRIMBLE AND ITS SUPPLIERS’ ENTIRE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO TRIMBLE UNDER THIS AGREEMENT. a) The amount of total fees paid or payable by You for the Software giving rise to such claim, or b) The applicable aPersona list price, at the date of the purchase, for the Software giving rise to such claim ordered by You, multiplied by the number of months in the Term, even if the other party has been advised of the possibility of such damages. No provision of this Agreement shall exclude or limit in any way (i) the liability of either party for breach of Section 17 (Confidentiality) or death or personal injury caused by that party’s negligence or willful misconduct, (ii) Your liability for excess usage of, and/or any breach of aPersona's intellectual property rights in the Software, or (iii) a party’s indemnity obligations in this Agreement7.3. THE LIMITATION WEB SERVICES AND API ARE NOT FAULT TOLERANT AND ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN LIFE SUPPORT, MEDICAL, EMERGENCY, MISSION CRITICAL OR OTHER STRICT LIABILITY OR HAZARDOUS ACTIVITIES (“HIGH RISK ACTIVITIES”). TRIMBLE SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. YOU REPRESENT AND WARRANT THAT YOU WILL NOT USE THE WEB SERVICES OR API (OR PERMIT EITHER TO BE USED) FOR HIGH RISK ACTIVITIES, AND AGREE THAT TRIMBLE WILL HAVE NO LIABILITY FOR USE OF THE WEB SERVICES OR API IN THIS SECTION IS BASED ON THE FACT THAT END USERS USE THEIR COMPUTERS FOR DIFFERENT PURPOSESHIGH RISK ACTIVITIES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR NEEDS IN THE EVENT AN ERROR IN THE SOFTWARE CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TRIMBLE FOR ANY DAMAGES, LIABILITIES OR OTHER LOSSES RESULTING FROM SUCH USE. THE LIMITATIONS CONTENT IS PROVIDED FOR REFERENCE PURPOSES ONLY AND SHOULD NOT BE USED FOR PRIMARY NAVIGATION. ACTUAL CONDITIONS MAY VARY FROM THE DEPICTIONS IN THE CONTENT. TRIMBLE HAS NO LIABILITY FOR ANY USE BY END USERS OF LIABILITY IN THIS SECTIONCONTENT FOR PRIMARY NAVIGATION. 7.4. The parties agree that the limitations specified in this Section 7 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.