LIMITATIONS OF CETENA’S LIABILITY. 7.1 TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, THE ENTIRE LIABILITY OF CETENA, AND CUSTOMER SOLE AND EXCLUSIVE REMEDY UNDER THE AGREEMENT, SHALL BE LIMITED TO A MAXIMUM AMOUNT EQUAL TO THE AGGREGATE AMOUNT PAID BY THE CUSTOMER DURING THE 12 (TWELVE) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE RELEVANT CLAIM, WHETHER THE CLAIM IS IN CONTRACT, TORT, OR OTHERWISE. IN NO EVENT SHALL CETENA BE LIABLE FOR ANY INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS RELATING TO OR ARISING FROM CUSTOMER USE OF OR ACCESS TO THE SOFTWARE, EVEN IF CETENA HAD BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE USE OF AND ACCESS TO THE SOFTWARE IS AT ITS OWN RISK.
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LIMITATIONS OF CETENA’S LIABILITY. 7.1 9.1 TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, THE ENTIRE LIABILITY OF CETENA, AND CUSTOMER SOLE AND EXCLUSIVE REMEDY UNDER THE AGREEMENT, SHALL BE LIMITED TO A MAXIMUM AMOUNT EQUAL TO THE AGGREGATE AMOUNT PRICE ACTUALLY PAID BY THE CUSTOMER DURING THE 12 (TWELVE) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE RELEVANT CLAIMCUSTOMER, WHETHER THE CLAIM IS IN CONTRACT, TORT, OR OTHERWISE. IN NO EVENT SHALL CETENA BE LIABLE FOR ANY INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS RELATING TO OR ARISING FROM CUSTOMER USE OF OR ACCESS TO THE SOFTWAREPRODUCTS, EVEN IF CETENA HAD BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE USE OF AND ACCESS TO THE SOFTWARE PRODUCTS IS AT ITS OWN RISK.
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