Common use of Limitation of Remedies and Damages Clause in Contracts

Limitation of Remedies and Damages. LICENSOR SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE OR OTHERWISE), STRICT LIABILITY OR OTHER THEORY (i) FOR INTERRUPTION OF USE, OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (ii) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR (iii) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. LICENSOR’S LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER 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 BY YOU TO LICENSOR 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. LICENSOR TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER COMPANY NOR ITS SUPPLIERS SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS OR CONDITIONS RELATED THERETO UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE OR OTHERWISE)NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (iA) FOR INTERRUPTION OF USE, OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (iiB) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR (iii) FOR ANY MATTER BEYOND ITS REASONABLE CONTROLREVENUES AND LOSS OF PROFITS. LICENSORTO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY’S LICENSORS AGGREGATE CUMULATIVE LIABILITY HEREUNDER SHALL NOT BE RESPONSIBLE EXCEED $5000.00 OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACTTHE AMOUNT PAID BY CUSTOMER DURING NINTY (90) DAYS FOR THE LICENSED SOFTWARE THAT CAUSED SUCH DAMAGE, TORT (INCLUDING NEGLIGENCE OR OTHERWISE), STRICT LIABILITY OR OTHER THEORY WHATSOEVERWHICHEVER IS LOWER. LICENSOR’S AGGREGATE LIABILITY FOR ALL CLAIMS, ACTIONS CERTAIN STATES AND/OR OMISSIONS ARISING FROM JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR RELATED LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU TO LICENSOR IN THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM ARISES. THESE LIMITATIONS WILL APPLY EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSECUSTOMER.

Limitation of Remedies and Damages. LICENSOR SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE OR OTHERWISE), STRICT LIABILITY OR OTHER THEORY (i) FOR INTERRUPTION OF USE, OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (ii) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGESNO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, LOSS TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL DCC BE LIABLE TO YOU OR ANY OTHER PERSON (I) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF PROFITS ANY CHARACTER OR (iiiII) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. LICENSORDCC’S LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO LIABILITY FOR DAMAGES OF ANY SUBJECT MATTER KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT UNDER 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 SHALL BE LIMITED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT OF TOTAL FEES PAID BY YOU TO LICENSOR DCC, EXCEPT WHERE NOT PERMITTED BY APPLICABLE LAW, IN WHICH CASE DCC’S LIABILITY SHALL BE LIMITED TO THE TWELVE (12) MONTHS PRECEDING MINIMUM AMOUNT PERMITTED BY SUCH APPLICABLE LAW. ALL THE DATE THE CLAIM ARISES. THESE FOREGOING LIMITATIONS WILL SHALL APPLY EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSEDCC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. ALL THE FOREGOING LIMITATIONS ALSO APPLY WITH RESPECT TO DCC’S SUPPLIERS, LICENSORS, DISTRIBUTORS, CONTRACTORS AND AGENTS. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Remedies and Damages. LICENSOR SHALL NOT DURING THE TRIAL PERIOD, NEITHER TRIFECTIX NOR ITS THIRD PARTY LICENSORS WILL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT RELATING TO THE SOFTWARE UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE OR OTHERWISE)NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (ia) FOR INTERRUPTION OF USE, OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (iib) FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, TO LOSS OF PROFITS REVENUES AND LOSS OF PROFITS. NOTHING IN THIS PART I WILL LIMIT TRIFECTIX’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY TRIFECTIX’S NEGLIGENCE OR TRIFECTIX’S LIABILITY FOR FRAUD. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY. 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 (iiiii) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. LICENSOR’S LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT TRIFECTIX’S OBLIGATIONS UNDER ANY CONTRACTPART III, TORT SECTION 5 (INCLUDING NEGLIGENCE OR OTHERWISEINDEMNIFICATION), 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 BY YOU TO LICENSOR 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. LICENSOR TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER FLASHGRID NOR ITS SUPPLIERS SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS OR CONDITIONS RELATED THERETO UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE OR OTHERWISE)NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (iA) FOR INTERRUPTION OF USE, OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (iiB) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, DAMAGES INCLUDING, BUT NOT LIMITED TO, TO LOSS OF PROFITS OR (iii) FOR ANY MATTER BEYOND ITS REASONABLE CONTROLREVENUES AND LOSS OF PROFITS. LICENSOR’S LICENSORS TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLASHGRID'S AGGREGATE CUMULATIVE LIABILITY HEREUNDER SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER 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 BY YOU CUSTOMER FOR THE LICENSED SOFTWARE THAT CAUSED SUCH DAMAGE. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO LICENSOR IN THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM ARISES. THESE LIMITATIONS WILL APPLY EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSECUSTOMER.

Limitation of Remedies and Damages. IN NO EVENT SHALL LICENSOR SHALL NOT OR ITS AFFILIATES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE RESPONSIBLE OR LIABLE WITH RESPECT TO FOR ANY SUBJECT MATTER LOST PROFITS, LOSS OF THIS AGREEMENT GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, LOSS OF INFORMATION, LOSS OF DATA, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE OR OTHERWISE)NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (i) FOR INTERRUPTION ARISING OUT OF USE, OR FOR LOSS RELATING IN ANY WAY TO THE SOFTWARE OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (ii) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR (iii) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. LICENSOR’S LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY OTHER SUBJECT MATTER OF THIS AGREEMENT AGREEMENT. LICENSOR SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DELAY IN FURNISHING THE SOFTWARE OR ANY OTHER PERFORMANCE UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE OR OTHERWISE), STRICT LIABILITY OR OTHER THEORY WHATSOEVERTHIS AGREEMENT. LICENSOR’S AGGREGATE LIABILITY LICENSEE'S SOLE REMEDY FOR ALL CLAIMS, ACTIONS AND/OR OMISSIONS ARISING FROM OR RELATED DISSATISFACTION WITH THE SOFTWARE IS TO TERMINATE THIS AGREEMENT WILL NOT PURSUANT TO SECTION 14 BELOW. IN NO EVENT SHALL LICENSOR'S LIABILITY EXCEED THE AMOUNT OF FEES AMOUNT, IF ANY, THAT LICENSEE HAS ACTUALLY PAID BY YOU TO LICENSOR IN FOR THE TWELVE (12) MONTHS PRECEDING RIGHT TO USE THE DATE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE CLAIM ARISES. THESE EXCLUSION OR LIMITATION OF WARRANTY OR LIABILITY, SO THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL MAY NOT APPLY EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSETO LICENSEE.

Limitation of Remedies and Damages. LICENSOR SHALL NOT NOTWITHSTANDING ANYTHING IN THIS AGREEMENT OR OTHERWISE, NEITHER ORCA NOR ITS THIRD PARTY SUPPLIERS WILL BE RESPONSIBLE LIABLE OR LIABLE OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE OR OTHERWISE)NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (ia) FOR INTERRUPTION ANY AMOUNTS IN EXCESS IN THE AGGREGATE OF USETHE FEES PAID TO ORCA BY CUSTOMER WITH RESPECT TO THE SOFTWARE DURING THE SIX MONTH PERIOD BEFORE THE CAUSE OF ACTION AROSE, OR (b) FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES OR TECHNOLOGY, OR RIGHTS; (iic) FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ; (d) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF PROFITS DATA; OR (iiie) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. LICENSORSOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY. NOTHING IN THIS AGREEMENT WILL LIMIT ORCA’S LICENSORS SHALL NOT BE RESPONSIBLE LIABILITY FOR (i) FRAUD OR LIABLE LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ORCA’S NEGLIGENCE OR (ii) WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT ORCA’S OBLIGATIONS UNDER ANY CONTRACT, TORT SECTION 5 (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 BY YOU TO LICENSOR IN THE TWELVE (12INDEMNIFICATION) MONTHS PRECEDING THE DATE THE CLAIM ARISES. THESE LIMITATIONS WILL APPLY EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.Part III

Limitation of Remedies and Damages. LICENSOR TO THE EXTENT NOT PROHIBITED BY LAW AND EXCEPT FOR LIABILITIES DIRECTLY RESULTING FROM FBC’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (A) FBC SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THE LICENSEE UNDER THIS AGREEMENT UNDER ON ANY CLAIM (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE TORT, OR OTHERWISE)) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY ACCESS TO OR USE OF MYDAYCARE PLUS; AND (B) IN NO EVENT SHALL FBC BE LIABLE TO LICENSEE FOR ANY CLAIM (WHETHER IN CONTRACT, STRICT LIABILITY TORT, OR OTHER THEORY (iOTHERWISE) FOR INTERRUPTION OF USEANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS AND/OR INACCURACY BUSINESS INTERRUPTION, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, OR CORRUPTION OF DATA OR COST COSTS OF PROCUREMENT OF SUBSTITUTE GOODSGOODS OR SERVICES, SERVICES HOWEVER CAUSED, WHETHER FORESEEABLE OR TECHNOLOGYNOT, ARISING OUT OF THIS AGREEMENT, EVEN IF FBC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FBC’S LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY LICENSEE AS A RESULT OF FBC’S NEGLIGENCE OR FAILURE TO COMPLY WITH THESE TERMS OF USE SHALL BE LIMITED IN RESPECT OF ANY ONE INCIDENT, OR (ii) FOR ANY INDIRECTSERIES OF CONNECTED INCIDENTS, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR (iii) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. LICENSOR’S LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER 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 BY YOU TO LICENSOR LICENSEE IN THE PREVIOUS 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. LICENSOR NOTWITHSTANDING ANYTHING TO THE CONTRARY, TIPTOP AND ITS OWNERS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND CONTRACTORS SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACTLEGAL THEORY, TORT INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT OR NEGLIGENCE: (INCLUDING NEGLIGENCE OR OTHERWISE), STRICT LIABILITY OR OTHER THEORY (iA) FOR ERROR OR INTERRUPTION OF USE, USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, TECHNOLOGY OR LOSS OF BUSINESS; (iiB) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR ; (iiiC) FOR ANY MATTER BEYOND ITS TIPTOP’S REASONABLE CONTROL. LICENSOR’S LICENSORS SHALL NOT BE RESPONSIBLE ; OR LIABLE (D) FOR ANY AMOUNTS THAT, TOGETHER WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE OR OTHERWISE), STRICT LIABILITY OR AMOUNTS ASSOCIATED WITH ALL 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 SUBSCRIPTION FEES PAID BY YOU PROVIDER TO LICENSOR TIPTOP FOR THE LICENSE UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING PRIOR TO THE DATE ACT THAT GAVE RISE TO THE CLAIM ARISES. THESE LIMITATIONS WILL APPLY EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSELIABILITY IN EACH CASE WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Remedies and Damages. LICENSOR TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER 2RING NOR ITS SUPPLIERS SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS OR CONDITIONS RELATED THERETO UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE OR OTHERWISENEGLIGENCE), STRICT LIABILITY OR OTHER THEORY (iA) FOR INTERRUPTION OF USE, OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (iiB) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TOOR FOR LOSS OF REVENUES, LOSS OF PROFITS PROFITS, OR (iii) FOR ANY MATTER BEYOND ITS REASONABLE CONTROLINTERRUPTION OF BUSINESS. LICENSORTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 2RING’S LICENSORS AGGREGATE CUMULATIVE LIABILITY HEREUNDER SHALL NOT BE RESPONSIBLE EXCEED THE AMOUNT PAID TO 2RING FOR THE SPECIFIC 2RING PRODUCT THAT GAVE RISE TO THE LIABILITY IN THE PRECEDING TWELVE (12) MONTHS. END USER HAS NO EXPECTATION OF RECEIVING ANY SERVICES FOR THE 2RING PRODUCT FROM 2RING’S AFFILIATES, SUPPLIERS, OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACTAUTHORIZED RESELLERS. 2RING’S AFFILIATES, TORT (INCLUDING NEGLIGENCE OR OTHERWISE)SUPPLIERS, STRICT AND AUTHORIZED RESELLERS, SHALL HAVE NO 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 BY YOU TO LICENSOR IN THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM ARISES. THESE LIMITATIONS WILL APPLY EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSEAGREEMENT.