Common use of Limitation of Remedies and Damages Clause in Contracts

Limitation of Remedies and Damages. IN NO EVENT WILL LICENSOR, ITS SUBSIDIARIES OR ANY OF THE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO LICENSEE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF LICENSOR OR LICENSOR'S REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. LICENSOR'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 AMOUNT OF MONEY PAID TO LICENSOR FOR THE SOFTWARE THAT CAUSED THE DAMAGES. NO ACTION MAY BE BROUGHT AGAINST LICENSOR LATER THAN ONE YEAR FROM THE TERMINATION OF THIS AGREEMENT This Agreement made as of this ___________ day of February 2003 Signed: XXXXXXX NETWORX INC. BUSINESS INFORMATION GROUP, A DIVISION OF XXXXXXXXX CANADIAN NEWSPAPERS L.P. /s/ /s/ ------------------- ------------------- ------------------- ------------------- TITLE TITLE ------------------- ------------------- DATE DATE -------------------------------------------------------------------------------- 5 -------------------------------------------------------------------------------- SCHEDULE A LICENSE FEES

Limitation of Remedies and Damages. IN NO EVENT WILL LICENSORNETWRIX, ITS SUBSIDIARIES LICENSORS, ITS AFFILIATES, SUBSIDIARIES, OR ANY OF THE LICENSORS, THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO LICENSEE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY PUNITIVE, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND DATA AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF LICENSOR NETWRIX OR LICENSOR'S A NETWRIX REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. LICENSORNETWRIX'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 AMOUNT OF MONEY FEES PAID BY LICENSEE TO LICENSOR NETWRIX 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. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY 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 AGREEMENT, THE SOFTWARE OR ANY SERVICES BROUGHT BY LICENSEE MUST BE FILED WITHIN NO ACTION MAY BE BROUGHT AGAINST LICENSOR LATER THAN ONE YEAR FROM THE TERMINATION SIX (6) MONTHS AFTER SUCH CLAIM OR CAUSE OF THIS AGREEMENT This Agreement made as of this ___________ day of February 2003 Signed: XXXXXXX NETWORX INC. BUSINESS INFORMATION GROUP, A DIVISION OF XXXXXXXXX CANADIAN NEWSPAPERS L.P. /s/ /s/ ------------------- ------------------- ------------------- ------------------- TITLE TITLE ------------------- ------------------- DATE DATE -------------------------------------------------------------------------------- 5 -------------------------------------------------------------------------------- SCHEDULE A LICENSE FEESACTION AROSE OR SUCH CLAIM WILL BE FOREVER BARRED.

Limitation of Remedies and Damages. a) UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN NO EVENT WILL LICENSORTORT, ITS SUBSIDIARIES NEGLIGENCE, CONTRACT OR ANY OF THE LICENSORSOTHERWISE, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING SHALL EITHER PARTY BE LIABLE TO LICENSEE THE OTHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY THIS AGREEMENT OR OTHER LEGAL OR EQUITABLE THEORY IN CONNECTION WITH ITS SUBJECT MATTER FOR ANY CONSEQUENTIALINDIRECT, SPECIAL, INCIDENTAL, INDIRECT PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR SPECIAL EXTRA-CONTRACTUAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONANY KIND, LOSS OF BUSINESS INFORMATION AND THE LIKE)GOODWILL, WHETHER FORESEEABLE LOSS OF PERSONNEL SALARIES, LOST PROFITS OR UNFORESEEABLEREVENUE, DAMAGES DUE TO WORK STOPPAGE AND/OR FOR COST COMPUTER FAILURE OR MALFUNCTION, AND/OR COSTS OF PROCUREMENT OF PROCURING SUBSTITUTE GOODS, TECHNOLOGY SOFTWARE OR SERVICES, REGARDLESS WHETHER OR NOT FORESEEABLE, EVEN IF THE EXCLUSIVE REMEDIES PROVIDED BY THIS AGREEMENT FAIL OF THE BASIS OF THE CLAIM THEIR ESSENTIAL PURPOSE AND EVEN IF LICENSOR OR LICENSOR'S REPRESENTATIVE EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGE. LICENSOR'S CUMULATIVE LIABILITY FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND DAMAGES. b) REGARDLESS OF WHETHER THE FORM OF 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 ACTION, WILL BE LIMITED TO NO GREATER THAN OTHER PARTY FOR DIRECT DAMAGES UNDER THIS AGREEMENT OR IN CONNECTION WITH ITS SUBJECT MATTER EXCEED THE AMOUNT OF MONEY TOTAL FEES PAID TO LICENSOR OR PAYABLE BY THE ORDERING ACTIVITY FOR THE SOFTWARE 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 death or personal injury caused by negligence or (ii) Ordering Activity’s liability for excess usage of and/or any breach of McAfee’s intellectual property rights in the Software. d) THE LIMITATION OF LIABILITY IN THIS SECTION IS BASED ON THE FACT THAT CAUSED END USERS USE THEIR COMPUTERS FOR DIFFERENT PURPOSES. THEREFORE, ONLY THE DAMAGESORDERING ACTIVITY CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS APPROPRIATE TO THE ORDERING ACTIVITY’S NEEDS IN THE EVENT THAT AN ERROR IN THE SOFTWARE CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. NO ACTION MAY FOR THESE BUSINESS REASONS, THE ORDERING ACTIVITY AGREES TO THE LIMITATIONS OF LIABILITY IN THIS SECTION AND ACKNOWLEDGES THAT WITHOUT THE ORDERING ACTIVITY’S AGREEMENT TO THIS PROVISION, THE FEE CHARGED FOR THE SOFTWARE WOULD BE BROUGHT AGAINST LICENSOR LATER THAN ONE YEAR FROM THE TERMINATION OF HIGHER. e) THIS AGREEMENT This Agreement made as of this ___________ day of February 2003 Signed: XXXXXXX NETWORX INC. BUSINESS INFORMATION GROUPSHALL NOT IMPAIR THE U.S. GOVERNMENT’S RIGHT TO RECOVER FOR FRAUD OR CRIMES ARISING OUT OF OR RELATED TO THIS CONTRACT UNDER ANY FEDERAL FRAUD STATUTE, A DIVISION OF XXXXXXXXX CANADIAN NEWSPAPERS L.P. /s/ /s/ ------------------- ------------------- ------------------- ------------------- TITLE TITLE ------------------- ------------------- DATE DATE -------------------------------------------------------------------------------- 5 -------------------------------------------------------------------------------- SCHEDULE A LICENSE FEESINCLUDING THE FALSE CLAIMS ACT, 31 U.S.C. 3729-3733.

Limitation of Remedies and Damages. IN NO EVENT WILL LICENSOR, ITS SUBSIDIARIES OR ANY OF THE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING SHALL CONTINENTAL BE LIABLE TO LICENSEE UNDER YOU OR TO ANY CONTRACTTHIRD PARTY, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY CONSEQUENTIAL, INCIDENTALINDIRECT, INDIRECT SPECIAL, INCIDENTAL OR SPECIAL DAMAGES WHATSOEVER EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS DATA, GOODWILL, PROFITS, BUSINESS INTERRUPTIONINVESTMENTS, LOSS USE OF BUSINESS INFORMATION AND THE LIKEMONEY OR USE OF FACILITIES; INTERRUPTION IN USE OR AVAILABILITY OF DATA; STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS), WHETHER FORESEEABLE OR UNFORESEEABLE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF LICENSOR OR LICENSOR'S REPRESENTATIVE CONTINENTAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES, ARISING OUT OF (a) THE AVAILABILITY, ACCURACY OR PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE, OR (b) ANY CLAIM, CAUSE OF ACTION, BREACH OF CONTRACT OR ANY EXPRESS OR IMPLIED WARRANTY, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT. LICENSOR'S CUMULATIVE CONTINENTAL’S AGGREGATE LIABILITY RELATED TO PROVIDING THE SERVICE SHALL NOT, IN ANY EVENT, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED THE FEES PAID BY SUBSCRIBER DIRECTLY TO CONTINENTAL FOR THE SERVICE IN THE PRIOR THIRTY (30) DAYS, IF ANY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER CONTINENTAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE FORM LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE SERVICE SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THE ACTIONSERVICE COULD LEAD DIRECTLY TO DEATH, WILL BE LIMITED TO NO GREATER THAN PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. THE AMOUNT SERVICE IS NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES, FLEET TRACKING, OR ANY OTHER TYPE OF MONEY PAID TO LICENSOR FOR THE SOFTWARE BUSINESS OR ENTERPRISE USE PRODUCTS THAT CAUSED THE DAMAGES. NO ACTION MAY BE BROUGHT AGAINST LICENSOR LATER THAN ONE YEAR FROM THE TERMINATION OF THIS AGREEMENT This Agreement made as of this ___________ day of February 2003 Signed: XXXXXXX NETWORX INC. BUSINESS INFORMATION GROUP, A DIVISION OF XXXXXXXXX CANADIAN NEWSPAPERS L.P. /s/ /s/ ------------------- ------------------- ------------------- ------------------- TITLE TITLE ------------------- ------------------- DATE DATE -------------------------------------------------------------------------------- 5 -------------------------------------------------------------------------------- SCHEDULE A LICENSE FEESUSED SPECIFICALLY FOR THESE PURPOSES.

Limitation of Remedies and Damages. IN NO EVENT WILL LICENSOR, ITS SUBSIDIARIES OR ANY OF THE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO LICENSEE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF LICENSOR OR LICENSOR'S REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. LICENSOR'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 AMOUNT OF MONEY PAID TO LICENSOR FOR THE SOFTWARE THAT CAUSED THE DAMAGES. NO ACTION MAY BE BROUGHT AGAINST LICENSOR LATER THAN ONE YEAR FROM THE TERMINATION OF THIS AGREEMENT -------------------------------------------------------------------------------- 5 -------------------------------------------------------------------------------- This Agreement made as of this ___________ 21st day of February April 2003 Signed: XXXXXXX NETWORX INC. BUSINESS INFORMATION GROUP, A DIVISION OF XXXXXXXXX CANADIAN NEWSPAPERS L.P. XXXXXXX PUBLICATIONS LTD. /s/ /s/ ------------------- ------------------- ------------------- ------------------- TITLE TITLE ------------------- ------------------- ---------------- ---------------- DATE DATE -------------------------------------------------------------------------------- 5 6 -------------------------------------------------------------------------------- SCHEDULE A IMPLEMENTATION AND LICENSE FEES

Limitation of Remedies and Damages. NOTWITHSTANDING ANYTHING IN NO EVENT WILL LICENSORTHIS AGREEMENT TO THE CONTRARY, PICUS SECURITY, ITS SUBSIDIARIES OR ANY OF THE AFFILIATES, ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING AUTHORIZED PARTNERS WILL NOT BE LIABLE TO LICENSEE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTALSPECIAL, INDIRECT PUNITIVE, OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE)INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATED TO THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO CLAIMS FOR COST LOSS OF PROCUREMENT OF SUBSTITUTE GOODSDATA, TECHNOLOGY GOODWILL, OPPORTUNITY, REVENUE, PROFITS, OR SERVICES, REGARDLESS USE OF THE BASIS PRODUCTS, INTERRUPTION IN USE OR AVAILABILITY OF THE CLAIM DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS, PRIVACY, ACCESS TO OR USE OF ANY ADDRESSES, EXECUTABLES OR FILES THAT SHOULD HAVE BEEN LOCATED OR BLOCKED, NEGLIGENCE, BREACH OF CONTRACT, TORT OR OTHERWISE AND THIRD PARTY CLAIMS, EVEN IF LICENSOR OR LICENSOR'S REPRESENTATIVE PICUS SECURITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. LICENSOR'S CUMULATIVE IN NO EVENT WILL PICUS SECURITY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE LESSER OF: (A) THE TOTAL AMOUNT RECEIVED BY PICUS SECURITY FOR DAMAGES THE APPLICABLE PRODUCTS OVER THE ONE-YEAR PERIOD PRIOR TO THE EVENT OUT OF WHICH THE CLAIM AROSE FOR ANY CAUSE WHATSOEVERTHE PRODUCTS THAT DIRECTLY CAUSED THE LIABILITY, OR (B) TEN THOUSAND USD. THE SERVICE, ITS SOFTWARE COMPONENTS, ITS REPORTS, AND REGARDLESS ALL OTHER DELIVERABLES ARE PROVIDED “AS IS,” AND PICUS SECURITY MAKES NO WARRANTY OR GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, ACCURACY, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND AS TO ITS USE OR PERFORMANCE AND DOES NOT WARRANT OR GUARANTEE THAT THE OPERATION OF THE FORM OF THE ACTION, SOFTWARE WILL BE LIMITED TO NO GREATER THAN THE AMOUNT OF MONEY PAID TO LICENSOR FOR FAIL-SAFE, UNINTERRUPTED OR FREE FROM ERRORS OR DEFECTS OR THAT THE SOFTWARE THAT CAUSED THE DAMAGES. NO ACTION WILL PROTECT AGAINST ALL POSSIBLE THREATS OR IDENTIFY ALL POSSIBLE CYBER ATTACKS A SECURITY DEVICE MAY BE BROUGHT AGAINST LICENSOR LATER THAN ONE YEAR FROM THE TERMINATION OF THIS AGREEMENT This Agreement made as of this ___________ day of February 2003 Signed: XXXXXXX NETWORX INC. BUSINESS INFORMATION GROUP, A DIVISION OF XXXXXXXXX CANADIAN NEWSPAPERS L.P. /s/ /s/ ------------------- ------------------- ------------------- ------------------- TITLE TITLE ------------------- ------------------- DATE DATE -------------------------------------------------------------------------------- 5 -------------------------------------------------------------------------------- SCHEDULE A LICENSE FEESOR MAY NOT PROTECT AGAINST.

Limitation of Remedies and Damages. IN NO EVENT WILL LICENSORMSP360, ITS SUBSIDIARIES LICENSORS, ITS AFFILIATES, SUBSIDIARIES, OR ANY OF THE LICENSORS, THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO LICENSEE END USER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY PUNITIVE, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND DATA AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF LICENSOR MSP360 OR LICENSOR'S A MSP360 REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. LICENSOR'S MSP360’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 AMOUNT OF MONEY FEES PAID BY END USER TO LICENSOR MSP360 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. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN MSP360’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. END USER AGREES THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SOFTWARE, OR ANY SERVICES BROUGHT BY END USER MUST BE FILED WITHIN NO ACTION MAY BE BROUGHT AGAINST LICENSOR LATER THAN ONE YEAR FROM THE TERMINATION SIX (6) MONTHS AFTER SUCH CLAIM OR CAUSE OF THIS AGREEMENT This Agreement made as of this ___________ day of February 2003 Signed: XXXXXXX NETWORX INC. BUSINESS INFORMATION GROUP, A DIVISION OF XXXXXXXXX CANADIAN NEWSPAPERS L.P. /s/ /s/ ------------------- ------------------- ------------------- ------------------- TITLE TITLE ------------------- ------------------- DATE DATE -------------------------------------------------------------------------------- 5 -------------------------------------------------------------------------------- SCHEDULE A LICENSE FEESACTION AROSE OR SUCH CLAIM WILL BE FOREVER BARRED.

Limitation of Remedies and Damages. NOTWITHSTANDING ANYTHING IN NO EVENT WILL LICENSORTHIS AGREEMENT TO THE CONTRARY, PICUS SECURITY, ITS SUBSIDIARIES OR ANY OF THE AFFILIATES, ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING AUTHORIZED PARTNERS WILL NOT BE LIABLE TO LICENSEE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTALSPECIAL, INDIRECT PUNITIVE, OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE)INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATED TO THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO CLAIMS FOR COST LOSS OF PROCUREMENT OF SUBSTITUTE GOODSDATA, TECHNOLOGY GOODWILL, OPPORTUNITY, REVENUE, PROFITS, OR SERVICES, REGARDLESS USE OF THE BASIS PRODUCTS, INTERRUPTION IN USE OR AVAILABILITY OF THE CLAIM DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS, PRIVACY, ACCESS TO OR USE OF ANY ADDRESSES, EXECUTABLES OR FILES THAT SHOULD HAVE BEEN LOCATED OR BLOCKED, NEGLIGENCE, BREACH OF CONTRACT, TORT OR OTHERWISE AND THIRD PARTY CLAIMS, EVEN IF LICENSOR OR LICENSOR'S REPRESENTATIVE PICUS SECURITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. LICENSOR'S CUMULATIVE IN NO EVENT WILL PICUS SECURITY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE LESSER OF: (A) THE TOTAL AMOUNT ACTUALLY RECEIVED BY PICUS SECURITY FOR DAMAGES THE APPLICABLE PRODUCTS OVER THE ONE YEAR PERIOD PRIOR TO THE EVENT OUT OF WHICH THE CLAIM AROSE FOR ANY CAUSE WHATSOEVERTHE PRODUCTS THAT DIRECTLY CAUSED THE LIABILITY, OR (B) TEN THOUSAND USD. THE SERVICE, ITS SOFTWARE COMPONENTS, ITS REPORTS, AND REGARDLESS ALL OTHER DELIVERABLES ARE PROVIDED “AS IS” AND PICUS SECURITY MAKES NO WARRANTY OR GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, ACCURACY, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND AS TO ITS USE OR PERFORMANCE AND DOES NOT WARRANT OR GUARANTEE THAT THE OPERATION OF THE FORM OF THE ACTION, SOFTWARE WILL BE LIMITED TO NO GREATER THAN THE AMOUNT OF MONEY PAID TO LICENSOR FOR FAIL-SAFE, UNINTERRUPTED OR FREE FROM ERRORS OR DEFECTS OR THAT THE SOFTWARE THAT CAUSED THE DAMAGES. NO ACTION WILL PROTECT AGAINST ALL POSSIBLE THREATS OR IDENTIFY ALL POSSIBLE CYBER ATTACKS A SECURITY DEVICE MAY BE BROUGHT AGAINST LICENSOR LATER THAN ONE YEAR FROM THE TERMINATION OF THIS AGREEMENT This Agreement made as of this ___________ day of February 2003 Signed: XXXXXXX NETWORX INC. BUSINESS INFORMATION GROUP, A DIVISION OF XXXXXXXXX CANADIAN NEWSPAPERS L.P. /s/ /s/ ------------------- ------------------- ------------------- ------------------- TITLE TITLE ------------------- ------------------- DATE DATE -------------------------------------------------------------------------------- 5 -------------------------------------------------------------------------------- SCHEDULE A LICENSE FEESOR MAY NOT PROTECT AGAINST.