Common use of Limitations of Liability Clause in Contracts

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT (i) NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEURONETICS SHALL EITHER PARTY NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVECONSEQUENTIAL, INDIRECT OR CONSEQUENTIAL SPECIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST REVENUE OR LOST PROFITS, LOSS OF DATA, LITIGATION EXPENSE, DAMAGE TO REPUTATION, LOSS OF BUSINESS OR ANY OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS IN CONNECTION WITH THE SALE, LICENSE, INSTALLATION, PERFORMANCE, FAILURE, USE OR INTERRUPTED USE OF REVENUE THE PRODUCTS, AND INCLUDING THE NEUROSTAR ADVANCED THERAPY SYSTEM AND ANY COMPONENT THEREOF, OR ANTICIPATED PROFITS FROM NEURONETICS’ NEGLIGENCE OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING FAULT IN CONNECTION THEREWITH. NOTWITHSTANDING ANYTHING TO THE SPRINKLR SERVICESCONTRARY, NEURONETICS’ LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RESULTING FROM THIS AGREEMENT, ITS PERFORMANCE OR BREACH HEREOF, OR IN CONNECTION WITH THE PRODUCTS, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, INDEMNIFICATION OR OTHERWISE, SHALL NOT EXCEED THE TOTAL OF ALL SUMS PAID BY CUSTOMER TO NEURONETICS FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY CUSTOMER ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTY SET FORTH IN THIS AGREEMENT APPLY REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. CUSTOMER ACKNOWLEDGES THAT NEURONETICS HAS SET THE PURCHASE PRICE OF THE PRODUCTS AND OTHER FEES AND CHARGES IN RELIANCE ON THE DISCLAIMERS OF WARRANTIES WARRANTY AND DAMAGES LIMITATIONS AND EXCLUSIONS OF LIABILITY SET FORTH HEREIN, IN THIS AGREEMENT AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER 10.1 NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTOF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING WITHOUT LIMITATION LOSS TORT, INDEMNIFICATION, BREACH OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICESCONTRACT, AND BREACH OF WARRANTY. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, 10.2 IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY CLIENT’S RECOVERY FROM WINMILL FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION CLAIM EXCEED (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF I) THE SPRINKLR SERVICES, EXCEED, IN PURCHASE PRICE PAID FOR THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT PRODUCT GIVING RISE TO THE LIABILITYCLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. AGENCY ACKNOWLEDGES THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREINTHIS AGREEMENT, AND THAT THE SAME FORM AN ESSENTIAL BASIS PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTLIMITATIONS. 7.3 Neither party will be liable to the other for any failure to perform, or delay in 10.3 No action arising out of the performance of, of any obligation under Services pursuant to this Agreement caused may be brought by a Force Majeure Eventeither party more than two (2) years after such cause of action accrues, except that an action for nonpayment may be brought within two (2) years of the date of the last payment.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY WILL FOUNDATION (INCLUDING ITS SUBSIDIARIES, ITS PARENT AND SUBSIDIARIES OF ITS PARENT, ITS SERVICE PROVIDERS AND LICENSORS, AND THE EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS THEREOF) BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL PUNITIVE DAMAGES UNDER THIS AGREEMENT OR IN CONNECTION WITH THIS AGREEMENTANY SERVICES PROVIDED BY FOUNDATION HEREUNDER, INCLUDING WITHOUT LIMITATION LIMITATION, DAMAGES FOR DISTRICT'S MISUSE OF THE CALIFORNIA COLLEGES WEBSITE, LOSS OF REVENUE BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANTICIPATED PROFITS OTHER PECUNIARY LOSS ARISING OUT OF THE USE OR LOST BUSINESS OR LOST SALES INABILITY TO USE THE SERVICES, DATA OR ANY OTHER MATTER RELATING OUTPUT, EVEN IF FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF AVAILABLE REMEDIES ARE FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THE SPRINKLR SERVICES. 7.2 EXCEPT TOTAL LIABILITY, IF ANY, OF FOUNDATION (INCLUDING ITS SUBSIDIARIES, ITS PARENT AND SUBSIDIARIES OF ITS PARENT, ITS SERVICE PROVIDERS AND LICENSORS, AND THE EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS THEREOF) IN THE AGGREGATE OVER THE TERM OF THIS AGREEMENT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE ALL CLAIMS, CAUSES OF ACTION OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; LIABILITY WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE ARISING UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT AND/OR THE SERVICES PROVIDED HEREUNDER (iii) A BREACH OF SECTION 2.8COLLECTIVELY, IN NO EVENT “CLAIMS’), SHALL THE TOTAL LIABILITY OF ONE PARTY BE LIMITED TO THE OTHER PARTY FOR ANY AND ALL DISTRICT’S DIRECT DAMAGES, LOSSESACTUALLY INCURRED. NOTWITHSTANDING THE FOREGOING, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCYFOUNDATION’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, SOLE OBLIGATION IN THE AGGREGATE, EVENT OF AN ERROR BY FOUNDATION IN THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY PERFORMANCE OF ANY SERVICES UNDER THIS AGREEMENT IN SHALL BE LIMITED TO REPROCESSING APPLICABLE DATA OR REPERFORMING THE TWELVE SERVICES. FOUNDATION (12INCLUDING ITS SUBSIDIARIES, ITS PARENT AND SUBSIDIARIES OF ITS PARENT, ITS SERVICE PROVIDERS AND LICENSORS, AND THE EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS THEREOF) MONTHS IMMEDIATELY PRECEDING SHALL HAVE NO LIABILITY, EXPRESS OR IMPLIED, WHETHER ARISING UNDER CONTRACT, TORT OR OTHERWISE, FOR ANY CLAIM OR DEMAND: (A) RESULTING DIRECTLY OR INDIRECTLY FROM FOUNDATION’S INTERNAL OPERATIONS, EQUIPMENT, SYSTEMS OR SOFTWARE OWNED OR LICENSED BY FOUNDATION; OR (B) BY THIRD PARTIES, EVEN IF FOUNDATION WAS ADVISED OF THE EVENT GIVING RISE TO THE LIABILITYPOSSIBILITY OF SUCH CLAIMS OR DEMANDS, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN. AGENCY DISTRICT ACKNOWLEDGES THAT SPRINKLR FOUNDATION HAS SET ITS PRICES FEES, IF ANY, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREININ THIS AGREEMENT, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT SHALL WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVEENHANCED, OR CONSEQUENTIAL PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8SECTION, IN NO EVENT SHALL WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL LIABILITY OF ONE PARTY AMOUNTS PAID TO DEBTBOOK UNDER THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY -MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIESCLAIM. THE PARTIES AGREE THAT THE LIMITATIONS EXCLUSIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTCLAIMS PURSUANT TO SECTION 8. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN NO EVENT SHALL EITHER PARTY THIS AGREEMENT, HOTSCHEDULES WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO SUBSCRIBER OR ANY OF ITS AFFILIATES FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL EXEMPLARY DAMAGES IN CONNECTION WITH ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO LOST PROFITS OR LOSS OF REVENUE BUSINESS, EVEN IF HOTSCHEDULES IS APPRISED OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO SHOULD HAVE KNOWN OF THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH LIKELIHOOD OF SECTION 2.8, IN SUCH DAMAGES OCCURRING. UNDER NO EVENT SHALL THE CIRCUMSTANCES WILL HOTSCHEDULES' TOTAL LIABILITY OF ONE PARTY ANY KIND ARISING OUT OF OR RELATED TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING, INCLUDING BUT NOT LIMITED TOTO WARRANTY CLAIMS), NEGLIGENCE REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, EXCEED THE TOTAL SUBSCRIPTION FEES RECEIVED PAID BY OR PAYABLE SUBSCRIBER TO SPRINKLR FROM AGENCY HOTSCHEDULES UNDER THIS AGREEMENT IN DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE LIABILITYCLAIM. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT INCREASE THIS LIMIT. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN RELIANCE UPON THE LIMITATIONS OF LIABILITY PRICING OFFERED BY HOTSCHEDULES TO SUBSCRIBER AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS EACH OF THESE PROVISIONS IS SEVERABLE AND EXCLUSIONS INDEPENDENT OF LIABILITY AND DISCLAIMERS SPECIFIED IN ALL OTHER PROVISIONS OF THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSEAGREEMENT. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION 8 WILL APPLY TO FEES DUE FOR NOTWITHSTANDING THE SPRINKLR SERVICES UNDER FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT NEITHER PARTY SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR LOST PROFITS ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING EVEN IF IT HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR (I) ANY LOSS, CORRUPTION OR DELAY OF DATA, (II) ANY LOSS, CORRUPTION OR DELAY OF COMMUNICATIONS WITH OR CONNECTION TO RELATED PRODUCTS OR CONTENT, OR (III) ANY VIRUS, BUG OR OTHER HARM THAT IS INTRODUCED THROUGH THE USE OR PROVISION OF THE CHORUS SERVICE. PUBLISHER MEMBER ACKNOWLEDGES AND AGREES THAT THE CHOR PARTIES SHALL NOT BE LIABLE FOR (I) ANY ACTIONS TAKEN BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY GOVERNMENT AGENCY OR ANY ARCHIVE WITH RESPECT TO THE CHORUS SERVICE, INCLUDING, WITHOUT LIMITATION LOSS OF REVENUE MAKING ARTICLES BRIGHT AND (II) ANY INACCURATE OR ANTICIPATED PROFITS INCOMPLETE INFORMATION FEATURED IN THE CHORUS SERVICE OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO CONTAINED ON THE SPRINKLR SERVICES. 7.2 CHORUS SITE GENERALLY, INCLUDING INFORMATION REGARDING THE PUBLISHER MEMBER AND ITS PUBLIC ACCESS POLICIES. EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8INDEMNITY OBLIGATION, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE EITHER PARTY TO HEREUNDER BE GREATER THAN THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT MEMBERSHIP DUES PAID OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF DUE DURING THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTTHEN- CURRENT TERM. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER 10.1 NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTOF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING WITHOUT LIMITATION LOSS TORT, INDEMNIFICATION, BREACH OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICESCONTRACT, AND BREACH OF WARRANTY. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, 10.2 IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY CLIENT’S RECOVERY FROM WINMILL FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION CLAIM EXCEED (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF I) THE SPRINKLR SERVICES, EXCEED, IN PURCHASE PRICE PAID FOR THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT PRODUCT GIVING RISE TO THE LIABILITYCLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. AGENCY ACKNOWLEDGES THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREINTHIS AGREEMENT, AND THAT THE SAME FORM AN ESSENTIAL BASIS PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTLIMITATIONS. 7.3 Neither party will be liable to the other for any failure to perform, or delay in 10.3 No action arising out of the performance of, of any obligation under Services pursuant to this Agreement caused may be brought by a Force Majeure Event.either party more than two (2) years after

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY WILL SYNACOR BE LIABLE UNDER OR IN CONNECTION WITH THESE EU TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVEENHANCED, OR CONSEQUENTIAL DAMAGES PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN CONNECTION WITH THIS AGREEMENTVALUE OR LOST BUSINESS, INCLUDING WITHOUT LIMITATION PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF REVENUE GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCTREPUTATION; (iid) THE PARTIES’ INDEMNIFICATION OBLIGATIONSUSE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; AND/OR (iiie) A BREACH COST OF SECTION 2.8REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT SHALL WILL SYNACOR'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE EU TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE EXCEED THE TOTAL LIABILITY OF ONE PARTY AMOUNTS PAID TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY SYNACOR UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITYCLAIM OR $100.00 USD, WHICHEVER IS LESS. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable The exclusions and limitations in this Section 10 do not apply to the other for any failure to perform, or delay in the performance of, any obligation Customer's obligations under this Agreement caused by a Force Majeure Event.Section 9.2.‌

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY TO THE EXTENT PERMITTED BY LAW AND UNLESS PROHIBITED BY LAW, (A) YOU,ONSTAR AND THE WIRELESS SERVICE PROVIDERS WILL NOT BE LIABLE IN ANY WAY IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, PUNITIVE OR CONSEQUENTIAL DAMAGES OR AMOUNTS FOR LOSS OF INCOME, PROFITS OR SAVINGS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, (B)ONSTAR AND THE WIRELESS SERVICE PROVIDERS WILL NOT BE LIABLE IN ANY WAY ANY IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE AGREEMENT OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT SERVICES FOR (i) EITHER PARTY’S GROSS NEGLIGENCE ANY ACTION OR WILLFUL MISCONDUCT; INACTION OF THIRD PARTIES, (ii) ANY EVENTS BEYOND THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/REASONABLE CONTROL OFONSTAR OR THE WIRELESS SERVICE PROVIDERS, (iii) A BREACH ANY INJURIES TO PERSONS OR PROPERTY ARISING OUT OF SECTION 2.8OR RELATING TO YOUR USE OF THE SERVICES, IN NO EVENT SHALL THE TOTAL LIABILITY (iv) ANY DAMAGES ARISING OUT OF ONE PARTY OR RELATING TO THE INSTALLATION, REPAIR, UPDATES OR CHANGES TO SYSTEMS, SOFTWARE, OR OTHER EQUIPMENT PROVIDED BYONSTAR OR THE WIRELESS SERVICE PROVIDERS, (v) ANY CHANGE OR REDUCTION IN, OR ANY LOSS OF SERVICES CAUSED BY CHANGES IN SYSTEMS, SERVICES, OR INFRASTRUCTURE (SUCH AS THE WIRELESS SERVICE OR TECHNOLOGY INFRASTRUCTURE) THAT ARE MADE AVAILABLE BY THIRD PARTIES, AND (C)ONSTAR WILL NOT BE LIABLE IN ANY WAY IN CONNECTION WITH ANY THIRD PARTY SERVICES. TO THE EXTENT THATONSTAR OR ANY WIRELESS SERVICE PROVIDER ARE FOUND LIABLE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER LIABILITIES OR EXPENSES IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM CONNECTION WITH THIS AGREEMENT OR AGENCY’S AND/THE SERVICES, AND TO THE EXTENT ALLOWED BY LAW AND UNLESS PROHIBITED BY LAW, YOU AGREE THATONSTAR'S AND THE WIRELESS SERVICE PROVIDER'S MAXIMUM AGGREGATE LIABILITY SHALL BE NO GREATER THAN $100.00. THESE LIMITS AND EXCLUSIONS APPLY EVEN IFONSTAR AND THE WIRELESS SERVICE PROVIDERS KNEW OR AGENCY’S CLIENTS’ USE SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE SPRINKLR SERVICESDAMAGES AND WHETHER ARISING BASED ON NEGLIGENCE, EXCEEDTORT, IN OR BREACH OF CONTRACT. THESE LIMITATIONS SURVIVE ANY TERMINATION OR EXPIRATION OF THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREINAGREEMENT, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR ANYONE USING THE SPRINKLR SERVICES UNDER THIS AGREEMENTOR MAKING A CLAIM ON YOUR BEHALF. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY INDEPENDENT OF, SEVERABLE FROM, AND TO BE LIABLE FOR ENFORCED INDEPENDENTLY OF ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OTHER PROVISION OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OTHER THAN FOR INFRINGEMENT OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS, AND THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH TERMS OF SECTION 2.8SECTIONS 8, IN NO EVENT SHALL THE TOTAL LIABILITY 9, AND 10 OF ONE THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY (NOR TO ANY PERSON THAT CLAIMS RIGHTS DERIVED FROM THE OTHER PARTY'S RIGHTS) FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY AND ALL DAMAGESKIND, LOSSESINCLUDING LOST PROFITS, LOSS OF BUSINESS, OR OTHER ECONOMIC DAMAGE, AND CAUSES FURTHER DAMAGE INCLUDING INJURY TO PROPERTY, AS A RESULT OF ACTION (THE BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT, REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW OR IN CONTRACT FACT KNEW OF THE POSSIBILITY THEREOF. THIS PARAGRAPH HOWEVER SHALL NOT LIMIT EITHER PARTY’S RIGHT TO ENFORCE CLAIMS FOR VIOLATION OF ITS INTELLECTUAL PROPERTY RIGHTS, OR TORTPROPRIETARY RIGHTS, INCLUDINGCLAIMS RELATING TO ANY PROHIBITED DISCLOSURE OF ITS CONFIDENTIAL INFORMATION, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ CLAIMS RELATING TO ANY PROHIBITED USE OF THE SPRINKLR SERVICESOTHER PARTY’S CONFIDENTIAL INFORMATION, EXCEEDLICENSED DATA, IN THE AGGREGATEPROPRIETARY RIGHTS, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTINTELLECTUAL PROPERTY RIGHTS. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY AUDIOCODES OR ITS SUPPLIERS BE LIABLE TO THE CUSTOMER OR ITS END CUSTOMERS UNDER ANY LEGAL OR EQUITABLE THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MANAGED SERVICES OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, FOR ANY INDIRECT, SPECIAL, (I) INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTWHATSOEVER (INCLUDING, INCLUDING WITHOUT LIMITATION LIMITATION, DAMAGES FOR LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR LOST SALES OTHER PUNITIVE LOSS), (II) MATTER BEYOND ITS REASONABLE CONTROL, (III) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/RIGHTS OR (iiiIV) A BREACH OF SECTION 2.8, IN NO EVENT SHALL DIRECT DAMAGES EXCEEDING ONE (1) YEAR'S SUBSCRIPTION FEES PAYABLE UNDER THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIESSPECIFIC SOW AT ISSUE. THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND SHALL APPLY EVEN IF FOUND CUSTOMER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. FOR AVOIDANCE OF ANY DOUBT, AUDIOCODES SHALL BE LIABLE ONLY TO HAVE FAILED CUSTOMER AND SHALL BEAR NO LIABILITY TO ANY OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTEND CUSTOMERS. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 THIRD PARTIES MAY INADVERTENTLY OR FOR FRAUDULENT OR IMPROPER PURPOSES GENERATE AD IMPRESSIONS, USER VIEWS, OR AD CLICKS (“THIRD-PARTY ACTIVITY”), WHICH MAY IMPACT THE PERCEIVED EFFECTIVENESS OF AD PROGRAMS. CLIENT ACCEPTS THE RISK OF THIRD-PARTY ACTIVITY WITHOUT LIABILITY TO AGENCY. AS SUCH, THE PARTIES HERETO AGREE THAT AGENCY HAS NO LIABILITY FOR CLAIMS ARISING FROM OR IN NO EVENT SHALL EITHER CONNECTION WITH THIRD-PARTY ACTIVITY EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW. EXCEPT AS PROVIDED PURSUANT TO APPLICABLE LAW, AGENCY’S MAXIMUM AGGREGATE LIABILITY UNDER THE AGREEMENT AND THESE TERMS IS THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO AGENCY HEREUNDER DURING THE SPECIFIED CAMPAIGN PERIOD. NEITHER PARTY NOR ITS RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVEOR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS OR REVENUE, OR CONSEQUENTIAL DAMAGES INTERRUPTION OF BUSINESS) ARISING FROM, RELATED TO, OR IN CONNECTION WITH THIS THE AGREEMENT, THE AD PROGRAMS, THE SITES, OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH IN THIS SECTION VIII SHALL APPLY REGARDLESS OF WHETHER THE LIABILITY ARISES OUT OF BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER MATTER RELATING LEGAL THEORY. NEITHER PARTY SHALL BE LIABLE FOR NON-PERFORMANCE OR DELAY IN PERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, PROVIDED THAT SUCH PARTY USES COMMERCIALLY REASONABLE EFFORTS TO MITIGATE THE SPRINKLR SERVICESEFFECT OF SUCH NON-PERFORMANCE OR DELAY AND TO RESUME FULL PERFORMANCE HEREUNDER AS SOON AS PRACTICABLE. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL EITHER PARTY BE LIABLE HEREUNDER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, USE, GOODWILL, DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). XXXXX XXXXXX SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, XXXXX XXXXXX IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING WITHOUT LIMITATION LOSS ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF REVENUE A DATA BREACH, CYBER ATTACK, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING SECURITY BREACH, EXCEPT TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL THE TOTAL LIABILITY OF ONE PARTY BE LIMITED TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY CUMULATIVE AMOUNTS PAID OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE ONE (121) MONTHS IMMEDIATELY YEAR PERIOD PRECEDING THE EVENT EVENTS GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) XXXXX XXXXXX’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTOTHER PARTY. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 (a) IN NO EVENT SHALL EITHER PARTY WILL PROVIDER OR RESELLER BE LIABLE UNDER OR IN CONNECTION WITH THE PURECARS TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVEENHANCED, OR CONSEQUENTIAL DAMAGES PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN CONNECTION WITH THIS AGREEMENTVALUE OR LOST BUSINESS, INCLUDING WITHOUT LIMITATION PRODUCTION, REVENUES, OR PROFITS; (C) LOSS OF REVENUE GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCTREPUTATION; (iiD) THE PARTIES’ INDEMNIFICATION OBLIGATIONSUSE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; AND/OR (iiiE) A BREACH COST OF SECTION 2.8REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT SHALL WILL PROVIDER’S OR RESELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE PURECARS TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL LIABILITY OF ONE PARTY AMOUNTS PAID BY RESELLER TO PROVIDER WITH RESPECT TO DEALER’S RIGHT TO ACCESS THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF PURECARS SERVICES DURING THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTCLAIM. 7.3 Neither party will be liable to the other (b) Dealer acknowledges that it is solely responsible for any failure to perform, or delay all data security and back-up in the performance ofevent of a hardware or software malfunction. Under no circumstances will Provider be responsible or held liable for the integrity of any software or data contained on Dealer’s hardware or for Dealer’s hardware failures. Dealer will defend, indemnify, and hold harmless Provider for the loss of any obligation data or software under this Agreement caused by a Force Majeure Eventany and all circumstances whatsoever.

Limitations of Liability. 7.1 THE TOTAL LIABILITY OF NEVRO, TOGETHER WITH THAT OF ITS AFFILIATES, EMPLOYEES, AGENTS, SUBCONTRACTORS, AND SUPPLIERS, FOR ANY AND ALL CLAIMS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR INFRINGEMENT), OR OTHERWISE, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT OR UNDER ANY PURCHASE ORDER, QUOTE, OR OTHER AGREEMENT RELATED HERETO OR FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR, REPLACEMENT OR USE OF ANY PRODUCT RELATING THERETO, SHALL NOT EXCEED THE PRICE ALLOCABLE TO THE PURCHASE ORDER OR QUOTE WHICH DIRECTLY GIVES RISE TO THE CLAIM. IN NO EVENT EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR INFRINGEMENT) OR OTHERWISE, SHALL EITHER PARTY NEVRO, OR ITS AFFILIATES, EMPLOYEES, AGENTS, SUBCONTRACTORS OR SUPPLIERS, BE LIABLE FOR ANY INDIRECTSPECIAL, SPECIALCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT OR EXEMPLARY DAMAGES, LOSS OF PROFIT OR REVENUES, LOSS OF USE OF OR ACCESS TO THE PRODUCTS OR ANY ASSOCIATED EQUIPMENT OR SOFTWARE OR DATA, COST OF CAPITAL, COST OF FACILITIES, SERVICES OR REPLACEMENT POWER OR DOWNTIME COSTS FOR SUCH DAMAGES, OR CONSEQUENTIAL FOR DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING RELATED TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICESPRODUCTS OUTSIDE THE INSTRUCTIONS FOR USE, EXCEEDOR FOR OFF LABEL USE OF THE PRODUCTS, EVEN IF NEVRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK SET FORTH IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES AND THAT SPRINKLR HAS SET ITS PRICES AND ENTERED NEVRO WOULD NOT ENTER INTO THIS AGREEMENT IN RELIANCE UPON WITHOUT THESE LIMITATIONS ON ITS LIABILITY. CUSTOMER IS SOLELY RESPONSIBLE FOR ALL CLINICAL AND MEDICAL TREATMENT, AND ALL DIAGNOSTIC DECISIONS ARE THE RESPONSIBILITY OF CUSTOMER AND ITS PROFESSIONAL HEALTHCARE PROVIDERS. THESE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND DAMAGES SHALL APPLY EVEN IF FOUND TO HAVE FAILED THE LIMITED REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY WILL XXXXXXXXXXXX.XXX OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, INTERRUPTION OF BUSINESS, LOST PROFITS, COSTS OF DELAY, REPUTATIONAL HARM, OR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVECOVER, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, EVEN IF INFORMED IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS ADVANCE OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH POSSIBILITY OF SECTION 2.8, SUCH DAMAGES. IN NO EVENT SHALL THE WILL XXXXXXXXXXXX.XXX’S OR ITS SUPPLIERS’ TOTAL LIABILITY OF ONE PARTY TO EXCEED IN AGGREGATE THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY AMOUNT ACTUALLY PAID OR PAYABLE BY CUSTOMER TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT XXXXXXXXXXXX.XXX FOR THE APPLICABLE XXXXXXXXXXXX.XXX SERVICE OR RELATED SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE CLAIM. FOR FREE ACCESS SUBSCRIPTIONS OR BETA RELEASES PROVIDED WITHOUT CHARGE, XXXXXXXXXXXX.XXX’S TOTAL LIABILITY SHALL NOT EXCEED IN AGGREGATE FIFTY POUNDS STERLING (£50 GBP). NOTWITHSTANDING THE FOREGOING, NONE OF THE LIMITATIONS IN THIS SECTION 14 EXCLUDES EITHER PARTY’S LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY TO THE LIABILITYEXTENT CAUSED BY A PARTY’S NEGLIGENCE. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ADDITION, THE LAWS IN SOME JURISDICTIONS MAY NOT ALLOW SOME OF THE LIMITATIONS OF LIABILITY IN THIS SECTION. IF ANY OF THESE LAWS IS FOUND TO APPLY TO THIS AGREEMENT, THIS SECTION 14 SHALL APPLY TO THE MAXIMUM EXTENT NOT PROHIBITED BY SUCH LAW. EACH PARTY ACKNOWLEDGES AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND AGREES THAT THE SAME FORM AN ESSENTIAL THIS SECTION 14 IS A FUNDAMENTAL BASIS OF THE BARGAIN AND A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY TO ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY XXXXXXXXXXXX.XXX TECHNOLOGY OR ANY RELATED SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF ANY LIMITED REMEDY IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF THEIR ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 12.1. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT, LUS FIBER (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE “LUS FIBER PARTIES”), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON- INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO EVENT WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY LUS FIBER OR ITS REPRESENTATIVES SHALL EITHER PARTY CREATE A WARRANTY OR OBLIGATION WITH RESPECT TO ADVICE PROVIDED. 12.2. LUS FIBER DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY LUS FIBER WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. LUS FIBER SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVELOSS OF YOUR DATA, OR CONSEQUENTIAL DAMAGES IF CHANGES IN CONNECTION WITH THIS AGREEMENTOPERATION, INCLUDING WITHOUT LIMITATION LOSS PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF REVENUE YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICESOTHERWISE AFFECT ITS PERFORMANCE. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE12.3. IN NO EVENT SHALL THE LUS FIBER PARTIES OR LUS FIBER’S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF LUS FIBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. 12.4. THE LIABILITY OF THE LUS FIBER PARTIES, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSE OR OTHER AGREEMENTS) OUR THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO LUS FIBER FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW. 12.5. THE REMEDIES EXPRESSLY SET FORTH IN THIS SECTION APPLY AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. THE EXCLUSIVITY OF THESE REMEDIES IS A CRITICAL FACTOR IN THE SET TING OF RATES FOR LUS FIBER SERVICE AND AN ESSENTIAL MOTIVATION FOR LUS FIBER TO FEES DUE FOR PROVIDE SERVICE UNDER 12.6. THESE RATES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE SPRINKLR SERVICES UNDER THIS AGREEMENTEXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY WILL TRUALTA BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, INCIDENTALAGGRAVATED, PUNITIVEPUNITIVE OR EXEMPLARY DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION PROFITS; (c) LOSS OF REVENUE GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCTREPUTATION; (iid) THE PARTIES’ INDEMNIFICATION OBLIGATIONSUSE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; AND/OR (iiie) A BREACH COST OF SECTION 2.8REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER CUSTOMER WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT SHALL WILL TRUALTA'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL LIABILITY OF ONE PARTY AMOUNTS PAID TO TRUALTA UNDER THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, APPLICABLE ORDER FORM IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE SIX (126) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT 14.1. EXCLUSION OF DAMAGES. LICENSOR AND ITS LICENSORS, SERVICE LICENSORS AND SUPPLIERS SHALL EITHER PARTY NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, UNDER OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTAGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATIONS OR OTHERWISE, FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR ANTICIPATED PROFITS PROFIT OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCTDIMINUTION IN VALUE; (iib) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/SERVICES, (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY, OR (iiid) A BREACH OF SECTION 2.8CONSEQUENTIAL, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, LOSSESREGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND CAUSES NOTWITHSTANDING THE FAILURE OF ACTION (WHETHER IN CONTRACT ANY AGREED OR TORTOTHER REMEDY OF ITS ESSENTIAL PURPOSE. BOTH PARTIES UNDERSTAND AND AGREE THAT THE REMEDIES AND LIMITATIONS HEREIN ALLOCATE THE RISKS OF PRODUCT AND SERVICE NONCONFORMITY BETWEEN THE PARTIES AS AUTHORIZED BY LAW. THE FEES HEREIN REFLECT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS AND ARE SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS UPON, THIS ALLOCATION OF LIABILITY RISK AND THE DISCLAIMERS EXCLUSION OF WARRANTIES AND CONSEQUENTIAL DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY TO THE EXTENT PERMITTED BY LAW AND UNLESS PROHIBITED BY LAW, (A) YOU, ONSTAR AND THE WIRELESS SERVICE PROVIDERS WILL NOT BE LIABLE IN ANY WAY IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, PUNITIVE OR CONSEQUENTIAL DAMAGES OR AMOUNTS FOR LOSS OF INCOME, PROFITS OR SAVINGS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, (B) ONSTAR AND THE WIRELESS SERVICE PROVIDERS WILL NOT BE LIABLE IN ANY WAY ANY IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE AGREEMENT OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT SERVICES FOR (i) EITHER PARTY’S GROSS NEGLIGENCE ANY ACTION OR WILLFUL MISCONDUCT; INACTION OF THIRD PARTIES, (ii) ANY EVENTS BEYOND THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/REASONABLE CONTROL OF ONSTAR OR THE WIRELESS SERVICE PROVIDERS, (iii) A BREACH ANY INJURIES TO PERSONS OR PROPERTY ARISING OUT OF SECTION 2.8OR RELATING TO YOUR USE OF THE SERVICES, IN NO EVENT SHALL THE TOTAL LIABILITY (iv) ANY DAMAGES ARISING OUT OF ONE PARTY OR RELATING TO THE INSTALLATION, REPAIR, UPDATES OR CHANGES TO SYSTEMS, SOFTWARE, OR OTHER EQUIPMENT PROVIDED BY ONSTAR OR THE WIRELESS SERVICE PROVIDERS, (v) ANY CHANGE OR REDUCTION IN, OR ANY LOSS OF SERVICES CAUSED BY CHANGES IN SYSTEMS, SERVICES, OR INFRASTRUCTURE (SUCH AS THE WIRELESS SERVICE OR TECHNOLOGY INFRASTRUCTURE) THAT ARE MADE AVAILABLE BY THIRD PARTIES AND (C) ONSTAR WILL NOT BE LIABLE IN ANY WAY IN CONNECTION WITH ANY THIRD PARTY SERVICES . TO THE EXTENT THAT ONSTAR OR ANY WIRELESS SERVICE PROVIDER ARE FOUND LIABLE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER LIABILITIES OR EXPENSES IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM CONNECTION WITH THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE AND TO THE LIABILITY. AGENCY ACKNOWLEDGES EXTENT ALLOWED BY LAW AND UNLESS PROHIBITED BY LAW, YOU AGREE THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY ONSTAR'S AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIESWIRELESS SERVICE PROVIDER'S MAXIMUM AGGREGATE LIABILITY SHALL BE NO GREATER THAN $100.00. THE PARTIES AGREE THAT THE LIMITATIONS THESE LIMITS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO ONSTAR AND THE WIRELESS SERVICE PROVIDERS KNEW OR SHOULD HAVE FAILED KNOWN ABOUT THE POSSIBILITY OF THEIR ESSENTIAL PURPOSETHE DAMAGES AND WHETHER ARISING BASED ON NEGLIGENCE, TORT OR BREACH OF CONTRACT. IN NO EVENT SHALL THESE LIMITATIONS SURVIVE ANY TERMINATION OR EXPIRATION OF THE LIMITATIONS IN THIS SECTION AGREEMENT, AND APPLY TO FEES DUE FOR ANYONE USING THE SPRINKLR SERVICES UNDER THIS AGREEMENTOR MAKING A CLAIM ON YOUR BEHALF. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 (a) NEITHER PARTY SHALL BE LIABLE, WHETHER IN NO EVENT SHALL EITHER PARTY BE LIABLE CONTRACT, IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVECONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, THAT IN ANY WAY ARISE OUT OF, RELATE TO, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTARE A CONSEQUENCE OF, INCLUDING WITHOUT LIMITATION LOSS ITS PERFORMANCE OR NONPERFORMANCE HEREUNDER, OR THE PROVISION OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR FAILURE TO PROVIDE ANY OTHER MATTER RELATING SERVICE HEREUNDER, EXCEPT TO THE SPRINKLR SERVICESEXTENT THAT SUCH DAMAGES ARE AWARDED TO A THIRD PERSON, WHICH AWARD SHALL BE SUBJECT TO THE LIMITATIONS IN SECTION 6.2(b) APPLICABLE TO A THIRD PERSON. 7.2 EXCEPT FOR (ib) THE AGGREGATE LIABILITY OF EITHER PARTY UNDER THIS AGREEMENT SHALL BE LIMITED TO (1) IF SUCH LIABILITY IS DETERMINED AFTER THE FIRST ANNIVERSARY OF THE EFFECTIVE DATE, THE TOTAL AMOUNTS PAID OR PAYABLE TO OR BY SUCH PARTY OR ITS AFFILIATES UNDER THIS AGREEMENT WITH RESPECT TO THE RELEVANT SERVICE SCHEDULE UNDER WHICH THE INDEMNIFICATION OBLIGATION ARISES DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS OR (2) IF SUCH LIABILITY IS DETERMINED PRIOR TO THE FIRST ANNIVERSARY OF THE EFFECTIVE DATE, THE GREATER OF THE ACTUAL AMOUNT PAID OR PAYABLE TO OR BY SUCH PARTY OR ITS AFFILIATES UNDER THIS AGREEMENT WITH RESPECT TO THE RELEVANT SERVICE SCHEDULE UNDER WHICH THE INDEMNIFICATION OBLIGATION ARISES THROUGH SUCH DATE OF DETERMINATION OR THE AMOUNT THAT WOULD BE PAYABLE UNDER THIS AGREEMENT WITH RESPECT TO THE RELEVANT SERVICE SCHEDULE UNDER WHICH THE INDEMNIFICATION OBLIGATION ARISES DURING THE FIRST YEAR OF THE TERM HEREOF; PROVIDED, HOWEVER, THAT TO THE EXTENT THE INDEMNIFICATION OBLIGATION ARISES FROM A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; MISCONDUCT IN THE PERFORMANCE OR RECEIPT OF THE SERVICES COVERED BY THE RELEVANT SERVICE SCHEDULE UNDER THIS AGREEMENT, THE AGGREGATE LIABILITY SHALL BE LIMITED TO (ii1) IF SUCH LIABILITY IS DETERMINED AFTER THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR FIRST ANNIVERSARY OF THE EFFECTIVE DATE, THREE (iii3) A BREACH OF SECTION 2.8, IN NO EVENT SHALL TIMES THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY AMOUNTS PAID OR PAYABLE TO SPRINKLR FROM AGENCY OR BY SUCH PARTY OR ITS AFFILIATES UNDER THIS AGREEMENT IN WITH RESPECT TO THE RELEVANT SERVICE SCHEDULE UNDER WHICH THE INDEMNIFICATION OBLIGATION ARISES DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS OR (2) IF SUCH LIABILITY IS DETERMINED PRIOR TO THE FIRST ANNIVERSARY OF THE EFFECTIVE DATE, THE GREATER OF THREE (3) TIMES THE ACTUAL AMOUNT PAID OR PAYABLE TO OR BY SUCH PARTY OR ITS AFFILIATES UNDER THIS AGREEMENT WITH RESPECT TO THE RELEVANT SERVICE SCHEDULE UNDER WHICH THE INDEMNIFICATION OBLIGATION ARISES THROUGH SUCH DATE OF DETERMINATION OR THREE (3) TIMES THE AMOUNT THAT WOULD BE PAYABLE UNDER THIS AGREEMENT WITH RESPECT TO THE RELEVANT SERVICE SCHEDULE UNDER WHICH THE INDEMNIFICATION OBLIGATION ARISES DURING THE FIRST YEAR OF THE TERM HEREOF; PROVIDED, FURTHER, HOWEVER, THAT THE FOREGOING LIMITATIONS ON LIABILITY SHALL NOT APPLY TO DAMAGES FINALLY AWARDED TO A THIRD PERSON BY A COURT, TRIBUNAL, ARBITRATOR OR JURY OR SUBJECT TO A SETTLEMENT APPROVED IN WRITING BY THE INDEMNIFYING PARTY THAT RESULT FROM A THIRD PERSON CLAIM FOR PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING DEATH) OR A BREACH BY THE INDEMNIFYING PARTY OR AN AFFILIATE OF ITS OBLIGATION TO MAINTAIN AS CONFIDENTIAL THE PROTECTED HEALTH INFORMATION OF SUCH THIRD PERSON, WHICH SHALL INSTEAD BE LIMITED TO (1) IF SUCH LIABILITY IS DETERMINED AFTER THE FIRST ANNIVERSARY OF THE EFFECTIVE DATE, THE TOTAL AMOUNTS PAID OR PAYABLE TO OR BY SUCH PARTY OR ITS AFFILIATES UNDER THIS AGREEMENT DURING THE IMMEDIATELY PRECEDING THE EVENT GIVING RISE TWELVE (12) MONTH PERIOD OR (2) IF SUCH LIABILITY IS DETERMINED PRIOR TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET FIRST ANNIVERSARY OF THE EFFECTIVE DATE, THE GREATER OF THE ACTUAL AMOUNT PAID OR PAYABLE TO OR BY SUCH PARTY OR ITS PRICES AND ENTERED INTO AFFILIATES UNDER THIS AGREEMENT IN RELIANCE UPON THROUGH SUCH DATE OF DETERMINATION OR THE LIMITATIONS OF LIABILITY AND AMOUNT THAT WOULD BE PAYABLE UNDER THIS AGREEMENT DURING THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS FIRST YEAR OF THE BARGAIN BETWEEN TERM HEREOF. (c) FOR THE PARTIES. AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS CERTAIN EVENTS AND EXCLUSIONS CLAIMS (INCLUDING LOST DATA, BUSINESS INTERRUPTION AND CLAIMS OF LIABILITY AND DISCLAIMERS SPECIFIED CLIENTS OR CUSTOMERS) COULD RESULT IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES AS WELL AS DIRECT DAMAGES. IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSESUCH DAMAGES ARE DIRECT, SUCH DAMAGES SHALL BE COVERED BY SECTION 6.2(b). IN NO EVENT IF SUCH DAMAGES ARE SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE, SUCH DAMAGES SHALL THE LIMITATIONS IN THIS BE COVERED BY SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT6.2(a). 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 (a) EXCEPT WITH RESPECT TO ANY INDEMNIFICATION OBLIGATIONS HEREUNDER FOR THIRD PARTY CLAIMS UNDER SECTION 11.1 OR IN NO THE EVENT SHALL EITHER OF GSK'S WILLFUL MISCONDUCT PURSUANT TO SECTION 11.4(B), GSK'S TOTAL, AGGREGATE LIABILITY FOR ALL CLAIMS BETWEEN THE PARTIES (I.E., NOT BASED ON A THIRD PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH LOSS) ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICESOTHERWISE, SHALL NOT EXCEED [***] DOLLARS ($[***]). 7.2 (b) EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR ONLY IN THE EVENT OF GSK'S WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN GSK SHALL HAVE NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSESCLAIM FOR FAILURE TO SUPPLY OR DELAYED SUPPLY OF ANY PRODUCT, AND CAUSES PROMETHEUS' EXCLUSIVE REMEDIES FOR FAILURE TO SUPPLY OR DELAYED SUPPLY OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF ANY PRODUCT ARE THE SPRINKLR SERVICES, EXCEED, IN DISCOUNT UNDER SECTION 3.7 AND THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE RIGHT TO SPRINKLR FROM AGENCY UNDER TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TWELVE TERMS OF SECTION 14.2. (12c) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE EXCEPT WITH RESPECT TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF ANY INDEMNIFICATION OBLIGATIONS HEREUNDER FOR THIRD PARTY CLAIMS UNDER SECTION 11.2, PROMETHEUS' TOTAL, AGGREGATE LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN FOR ALL CLAIMS BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES (I.E., NOT BASED ON A THIRD PARTY LOSS) ARISING UNDER THIS AGREEMENT. 7.3 Neither party will be liable , WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED [***] DOLLARS ($[***]). *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Eventomitted portions.

Limitations of Liability. 7.1 EXCEPT AS PROVIDED IN SECTION 8(c), AND EXCEPT TO THE EXTENT PROHIBITED BY LAW: (1) A PARTY HAS NO EVENT SHALL EITHER LIABILITY TO THE OTHER PARTY BE LIABLE OR TO THIRD PARTIES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE LOSS OF USE, LOSS OF BUSINESS, LOSS OF PROFITS OR REVENUE, GOODWILL OR SAVINGS, OR DAMAGE TO, LOSS OF OR REPLACEMENT OF DATA OR, COST OF PROCUREMENT OF SUBSTITUTE SERVICES) RELATING IN ANY MANNER TO THE SERVICES (WHETHER ARISING FROM CLAIMS BASED IN CONTRACT, TORT OR OTHERWISE), ARISING FROM THIS AGREEMENT EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR AGENCY’S AND/OR AGENCY’S CLIENTS’ DAMAGE; (2) IN ANY CASE, COMPANY'S ENTIRE LIABILITY RELATING IN ANY MANNER TO THE SERVICES, INCLUDING THE USE OF THE SPRINKLR SERVICESSYSTEM, EXCEEDREGARDLESS OF THE FORM OR NATURE OF THE CLAIM, IS LIMITED IN THE AGGREGATE, AGGREGATE TO THE TOTAL FEES RECEIVED BY OR PAYABLE ACTUALLY PAID TO SPRINKLR FROM AGENCY COMPANY UNDER THIS AGREEMENT IN DURING THE TWELVE SIX (126) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE PRIOR TO THE LIABILITYCLAIM ARISING; AND (3) COMPANY IS NOT LIABLE TO CLIENT OR A THIRD PARTY FOR DIRECT OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE ACTS OR OMISSIONS OF NETWORK MEMBERS OR AFFILIATED REPRESENTATIVES EXCEPT AS EXPRESSLY PERMITTED IN THIS AGREEMENT. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS SECTION 8 ARE A FUNDAMENTAL PART OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN HEREUNDER, AND COMPANY WOULD NOT PROVIDE THE PARTIES. SERVICES TO CLIENT AND CLIENT WOULD NOT ENGAGE THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR COMPANY’S SERVICES UNDER THIS AGREEMENTWITHOUT THEM. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY (a) JETBRAINS WILL NOT BE LIABLE TO SUBSCRIBER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL, PUNITIVECONSEQUENTIAL, OR CONSEQUENTIAL EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR DATA), EVEN IF JETBRAINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, JETBRAINS WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (i) SUBSCRIBER’S INABILITY TO USE THE SERVICE AND/OR SOFTWARE, INCLUDING AS A RESULT OF ANY TERMINATION OR SUSPENSION OF THIS AGREEMENT OR SUBSCRIBER’S USE OF SERVICE AND/OR SOFTWARE; (ii) JETBRAINS’ DISCONTINUATION OF PROVIDING SERVICE AND/OR SOFTWARE; (iii) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF SERVICE AND/OR SOFTWARE FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (iv) THE COST OF PROCUREMENT OF A SUBSTITUTE SERVICE OR SOFTWARE; (v) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY SUBSCRIBER IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS AGREEMENT OR SUBSCRIBER’S USE OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING ACCESS TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; SERVICE AND/OR SOFTWARE; OR (iiivi) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED UNAUTHORIZED ACCESS TO, NEGLIGENCE ALTERATION OF, OR OTHERWISE)THE DELETION, ARISING FROM THIS AGREEMENT DESTRUCTION, DAMAGE, LOSS, OR AGENCYFAILURE TO STORE ANY OF SUBSCRIBER’S AND/OR AGENCY’S CLIENTSDATA. (b) IN ANY CASE, JETBRAINS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY AGGREGATE LIABILITY UNDER THIS AGREEMENT IN WILL BE LIMITED TO THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING AMOUNT THAT SUBSCRIBER ACTUALLY PAID TO JETBRAINS UNDER THIS AGREEMENT FOR THE EVENT GIVING SERVICE THAT GAVE RISE TO THE LIABILITYCLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT LIMITATION WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED JETBRAINS HAS BEEN ADVISED OF THEIR THE POSSIBILITY OF LIABILITY EXCEEDING SUCH AMOUNT AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTPURPOSE OF ANY LIMITED REMEDY. 7.3 Neither party (c) JetBrains will not be liable to the other for any delay or failure to perform, or delay in the performance of, perform any obligation under this Agreement caused by a Force Majeure Eventwhere the delay or failure results from any cause beyond JetBrains’ reasonable control, including, but not limited to, acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquakes, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECTLOST PROFITS, GOODWILL, OR REVENUES OR FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTALINDIRECT, PUNITIVECOVER, BUSINESS INTERRUPTION, OR CONSEQUENTIAL PUNITIVE DAMAGES IN CONNECTION WITH ANY CLAIM OF ANY NATURE, WHETHER IN CONTRACT, TORT, OR UNDER ANY THEORY OF LIABILITY, ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS EVEN IF A PARTY HAS BEEN GIVEN ADVANCE NOTICE OF REVENUE SUCH POSSIBLE DAMAGES OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING IF A PARTY’S REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER EXTENT PERMITTED BY LAW, EACH PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL ENTIRE LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN WILL NOT EXCEED THE FEES PAID BY CUSTOMER TO SMARTSHEET UNDER THIS AGREEMENT FOR THE SERVICES GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE PRIOR TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON DATE ON WHICH THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIESAROSE. THE PARTIES AGREE THAT EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. THE LIMITATIONS FOREGOING EXCLUSIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS LIMITS IN THIS SECTION 9 SHALL NOT APPLY TO FEES DUE LIABILITY OR OBLIGATIONS ARISING UNDER SECTIONS 1.2 (RESTRICTIONS) OR 8 (INDEMNIFICATION), INFRINGEMENT OR MISAPPROPRIATION BY A PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, OR CUSTOMER’S OBLIGATION TO PAY FOR THE SPRINKLR SERVICES OR TAXES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT8.1 Company will not be liable for any loss or damage of any kind whatsoever caused by the acts, SPECIALomissions, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING negligence or willful misconduct of Customer. 8.2 TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, VENDORS, OR SERVICE PROVIDERS, INCLUDING ANY UNDERLYING WIRELESS SERVICE CARRIER (COLLECTIVELY, THE TOTAL LIABILITY OF ONE PARTY “SERVICE PROVIDERS”) BE LIABLE TO THE OTHER CUSTOMER OR ANY THIRD PARTY FOR ANY AND ALL SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INDIRECT OR OTHER ENHANCED DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, LOSS OF DATA (INCLUDING COSTS OF DATA RECOVERY OR RECONSTRUCTION) AND BUSINESS INTERRUPTION, ARISING OUT OF, OR RELATING TO, NEGLIGENCE OR IN CONNECTION WITH THE SYSTEM OR THE SERVICES, INCLUDING ANY USE OF, DISRUPTION TO OR INABILITY TO USE THE SYSTEM OR THE SERVICES, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF ) UPON WHICH THE SPRINKLR SERVICES, EXCEED, CLAIM IS BASED. IN THE AGGREGATEANY CASE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY ENTIRE AGGREGATE LIABILITY OF COMPANY AND ITS SUPPLIERS, VENDORS, AND SERVICE PROVIDERS UNDER THIS AGREEMENT (AND ANY SUBSCRIPTION AGREEMENT) FOR ALL DAMAGES OF EVERY KIND AND TYPE (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE LIMITED TO FIVE HUNDRED DOLLARS ($500). 8.3 THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS LIMITATION OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES PROVISIONS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND SECTION 8 SHALL APPLY EVEN IF FOUND TO HAVE FAILED OF THE CUSTOMER’S REMEDIES UNDER THIS AGREEMENT FAIL THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTCustomer acknowledges and agrees that the parties entered into this Agreement and each Subscription Agreement in reliance upon the limitations of liability set forth in this Section 8, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties. 7.3 Neither party will be liable to the other for any failure to perform8.4 CUSTOMER HAS NO CONTRACTUAL RELATIONSHIP WITH COMPANY’S SERVICE PROVIDERS AND CUSTOMER IS NOT A THIRD-PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN COMPANY AND ITS SERVICE PROVIDERS. CUSTOMER UNDERSTANDS AND AGREES THAT COMPANY’S SERVICE PROVIDERS HAVE NO LIABILITY OF ANY KIND TO CUSTOMER, or delay in the performance ofWHETHER FOR BREACH OF CONTRACT, any obligation under this Agreement caused by a Force Majeure EventWARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. EXCEPT AS OTHERWISE PROHIBITED BY ANY LAWS FROM DOING SO, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY’S SERVICE PROVIDERS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS AGAINST ANY AND ALL CLAIMS (INCLUDING WITHOUT LIMITATION CLAIMS FOR LIBEL, SLANDER, OR ANY PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) AND RELATED LOSSES (AS DEFINED IN SECTION 3.4, ABOVE), ARISING IN ANY WAY, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH THE USE, FAILURE TO USE, OR INABILITY TO USE THE SERVICES EXCEPT WHERE THE CLAIMS RESULT FROM SUCH SERVICE PROVIDERS’ NEGLIGENCE OR RECKLESS OR WILLFUL MISCONDUCT. CUSTOMER HAS NO PROPERTY RIGHT IN ANY ACCOUNT NUMBER OR OTHER ACCOUNT CREDENTIALS ASSIGNED TO IT, AND UNDERSTANDS THAT ANY SUCH NUMBER OR OTHER ACCOUNT CREDENTIALS CAN BE CHANGED. CUSTOMER UNDERSTANDS THAT COMPANY’S SERVICE PROVIDERS CANNOT GUARANTEE THE SECURITY OF WIRELESS TRANSMISSIONS TO CUSTOMER, AND WILL NOT BE LIABLE TO CUSTOMER FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE SERVICES. THE CUSTOMER MAY NOT RESELL THE SERVICE TO ANY OTHER PARTY.

Limitations of Liability. 7.1 IN 11.1 EXCEPT AS OTHERWISE SET FORTH HEREIN, XXXXXXXXX.XXX EXPRESSLY DISCLAIMS ANY LIABILITY OR LOSS ARISING FROM OR RELATED TO THE XXXXXXXXX.XXX SERVICES, THIRD PARTY SERVICE PROVIDERS OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION, LIABILITY OR LOSS ASSOCIATED WITH UNAUTHORIZED ACCESS TO A SERVER, RESELLER INTERFACE, WEBSITE, FACILITY, YOUR DATA OR YOUR CUSTOMER DATA (INCLUDING CREDIT CARD NUMBERS AND OTHER PERSONALLY IDENTIFIABLE INFORMATION) DUE TO ACCIDENT, ILLEGAL OR FRAUDLENT MEANS, INCLUDING HACKING, OR DEVICES USED BY ANY THIRD PARTY, OR OTHER CAUSES BEYOND XXXXXXXXX.XXX'S REASONABLE CONTROL. RESELLER EXPRESSLY AGREES THAT XXXXXXXXX.XXX SHALL NOT BE LIABLE FOR ANY LOSS ARISING FROM: (I) A THIRD PARTY’S INFILTRATION OF XXXXXXXXX.XXX SERVICES, SYSTEMS OR WEBSITE BY ANY MEANS, INCLUDING WITHOUT LIMITATION, DDoS ATTACKS, SOFTWARE VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, OR ANY OTHER SOFTWARE PROGRAMS, OR TECHNOLOGY; (II) DISRUPTION, DAMAGE, INTERCEPTION, UNAUTHORIZED ACCESS TO OR EXPROPRIATION OF THE XXXXXXXXX.XXX SERVICES, OR ANY SYSTEM, PROGRAM, DATA, TRANSACTION OR PERSONAL INFORMATION BELONGING TO XXXXXXXXX.XXX, YOU OR ANY THIRD PARTY; OR (III) THE LIMITATION OF THE FUNCTIONING OF ANY SOFTWARE, HARDWARE, EQUIPMENT OR THE SERVICE. 11.2 UNDER NO EVENT SHALL CIRCUMSTANCES WILL (i) EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGE OR LOSS SUFFERED OR INCURRED BY THE OTHER PARTY, REGARDLESS OF THE FORM OF ACTION, OR ANY LOSS OF REVENUE, PROFITS OR BUSINESS, ANTICIPATED SAVINGS, LOSS OF GOODWILL OR REPUTATION, COSTS OF DELAY, LOSS OR DAMAGED DATA, OR THE INCURRING OF LIABILITY FOR LOSS OR DAMAGE OF ANY NATURE WHATSOEVER SUFFERED BY THIRD PARTIES, ALL DAMAGESWHETHER IN CONTRACT, LOSSESSTRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), AND CAUSES REGARDLESS OF ACTION WHETHER THE PARTIES KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF THE LOSS, INJURY OR DAMAGE IN QUESTION; OR (WHETHER ii) XXXXXXXXX.XXX’S TOTAL 11.3 THIRD PARTY PRODUCT AND SERVICES. XXXXXXXXX.XXX MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE WHATSOEVER IN CONTRACT RELATION TO THIRD PARTY PRODUCTS AND SERVICES. RESELLER’S RESALE, OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S USE OF THIRD PARTY PRODUCTS AND SERVICES IS AT ITS OWN RISK. XXXXXXXXX.XXX ASSUMES NO RESPONSIBILITY AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR CLAIMS OF LOSS AND/OR AGENCY’S CLIENTS’ FRAUD INCURRED RESULTING FROM THE RESALE, USE OF THE SPRINKLR SERVICESOR CONCLUSIONS DRAWN FROM ANY THIRD PARTY PRODUCT OR SERVICE, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY REGARDLESS OF WHETHER OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS NOT XXXXXXXXX.XXX IS A RESELLER OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE OR REFERRAL AGENT FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTSUCH PRODUCT OR SERVICE. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE 14.1 CATALENT’S TOTAL LIABILITY UNDER THIS AGREEMENT FOR ANY INDIRECTAND ALL CLAIMS FOR LOST, SPECIALDAMAGED OR DESTROYED API OR OTHER CLIENT-SUPPLIED MATERIALS, INCIDENTALWHETHER OR NOT SUCH API OR CLIENT-SUPPLIED MATERIALS ARE INCORPORATED INTO PRODUCT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING SHALL NOT EXCEED [***] PER INCIDENT GIVING RISE TO THE SPRINKLR SERVICES. 7.2 CLAIM, EXCEPT FOR (i) EITHER PARTYIN THE EVENT THAT CATALENT’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) MISCONDUCT CAUSES THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/LOSS OR (iii) A BREACH OF SECTION 2.8DAMAGE, IN WHICH CASE CATALENT’S TOTAL LIABILITY SHALL NOT EXCEED [***] PER INCIDENT GIVING RISE TO THE CLAIM. 14.2 CATALENT’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL IN NO EVENT SHALL EXCEED THE LESSER OF (A) [***] OR (B) [***] BY CLIENT UNDER THIS AGREEMENT DURING THE CONTRACT YEAR IN WHICH THE BATCH GIVING RISE TO THE CLAIM WAS MANUFACTURED, PROVIDED, HOWEVER, THAT CATALENT’S TOTAL LIABILITY OF ONE FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT SHALL IN NO EVENT EXCEED [***]. 14.3 NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY AND ALL DAMAGESINDIRECT, LOSSESINCIDENTAL, AND CAUSES SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ACTION (PERFORMANCE UNDER THIS AGREEMENT, INCLUDING LOSS OF REVENUES, REPUTATION, PROFITS OR DATA, WHETHER IN CONTRACT OR IN TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS POSSIBILITY OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTSUCH DAMAGES. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY WILL THE PLAN4 ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTALCONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, PUNITIVEGOODWILL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY PLAN4 ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. YOU AGREE THAT THE AGGREGATE LIABILITY OF THE PLAN4 ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE WHETHER IN CONTRACT, TORT, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING OTHERWISE, IS LIMITED TO THE SPRINKLR SERVICES. 7.2 EXCEPT AMOUNT PAID BY YOU TO PLAN4 FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY ACCESS TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, SERVICE IN THE AGGREGATE12 MONTHS PRIOR TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE TOTAL FEES RECEIVED BY ABOVE LIMITATION MAY NOT APPLY TO YOU. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR PAYABLE EXCLUSION OF DAMAGES IS TO SPRINKLR FROM AGENCY ALLOCATE THE RISKS UNDER THIS AGREEMENT IN BETWEEN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITYPARTIES. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS EACH OF THESE PROVISIONS IS SEVERABLE AND EXCLUSIONS INDEPENDENT OF LIABILITY AND DISCLAIMERS SPECIFIED IN ALL OTHER PROVISIONS OF THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSEAGREEMENT. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION 14 WILL APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. The foregoing limitations of liability do not apply to breaches of confidentiality obligations, violations of a party's intellectual property rights by the other for any failure to performparty, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Eventindemnification obligations.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECTLOST PROFITS, GOODWILL, OR REVENUES OR FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTALINDIRECT, PUNITIVECOVER, BUSINESS INTERRUPTION, OR CONSEQUENTIAL PUNITIVE DAMAGES IN CONNECTION WITH ANY CLAIM OF ANY NATURE, WHETHER IN CONTRACT, TORT, OR UNDER ANY THEORY OF LIABILITY, ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS EVEN IF A PARTY HAS BEEN GIVEN ADVANCE NOTICE OF REVENUE SUCH POSSIBLE DAMAGES OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING IF A PARTY’S REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER EXTENT PERMITTED BY LAW, EACH PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL ENTIRE LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN WILL NOT EXCEED THE FEES PAID BY CUSTOMER TO SMARTSHEET UNDER THIS AGREEMENT FOR THE SERVICES GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE PRIOR TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON DATE ON WHICH THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIESAROSE. THE PARTIES AGREE THAT EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. THE LIMITATIONS FOREGOING EXCLUSIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS LIMITS IN THIS SECTION 9 SHALL NOT APPLY TO FEES DUE DAMAGES OR LIABILITY RESULTING FROM CLAIMS OR OBLIGATIONS ARISING UNDER SECTIONS 1.2 (RESTRICTIONS) OR 8 (INDEMNIFICATION), INFRINGEMENT OR MISAPPROPRIATION BY A PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, OR CUSTOMER’S OBLIGATION TO PAY FOR THE SPRINKLR SERVICES OR TAXES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 11.1 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, AND EXCEPT WITH RESPECT TO LICENSEE’S BREACH OF THE LICENSE GRANT, LICENSE RESTRICTIONS OR CONFIDENTIALITY, THE LIABILITY OF EITHER PARTY ARISING OUT OF THIS AGREEMENT, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL NOT EXCEED THE AGGREGATE OF THE AMOUNT PAID TO ALTERA BY THE LICENSEE USING THE SOLUTION (AS DEFINED IN THE TERMS AND CONDITIONS OF SALE SEPARATELY ENTERED INTO BETWEEN ALTERA AND LICENSEE) IN THE YEAR FOR WHICH THE INCIDENT GIVING RISE TO THE LIABILITY OCCURS OR USD100,000, WHICHEVER IS THE LOWER. 11.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, AND EXCEPT WITH RESPECT TO LICENSEE’S BREACH OF THE LICENSE GRANT, LICENSE RESTRICTIONS OR CONFIDENTIALITY, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE DAMAGES TO GOODWILL, LOSS OF USE, REVENUES, PROFITS OR OTHERWISE)SAVINGS, ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE EVEN IF ADVISED OF THE SPRINKLR SERVICES, EXCEED, IN POSSIBILITY OF SUCH DAMAGES. 11.3 THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS FAILURE OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS ESSENTIAL PURPOSE OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES ANY REMEDY UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN 11.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO EVENT SHALL EITHER PARTY CIRCUMSTANCES WILL LASERFICHE OR ITS AFFILIATES, RESELLERS, DISTRIBUTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, SUPPLIERS, OR SERVICE PROVIDERS (INCLUDING AWS AND LASERFICHE CLOUD SOLUTION PROVIDERS) BE LIABLE TO SUBSCRIBER, SUBSCRIBER’S AFFILIATES, OR ANY USER, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTALCONSEQUENTIAL, PUNITIVEPUNITIVE OR EXEMPLARY DAMAGES, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION FOR LOSS OF REVENUE PROFITS, SALES, BUSINESS OPPORTUNITIES, REVENUES, GOODWILL, REPUTATION, INFORMATION OR ANTICIPATED PROFITS DATA, OR LOST BUSINESS COSTS OF SUBSTITUTE SOFTWARE, PRODUCTS, OR LOST SALES SERVICES, REGARDLESS OF WHETHER LASERFICHE OR ANY OTHER MATTER RELATING TO ITS AFFILIATES, RESELLERS, DISTRIBUTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, SUPPLIERS, OR SERVICE PROVIDERS (INCLUDING AWS AND LASERFICHE CLOUD SOLUTION PROVIDERS) HAVE BEEN ADVISED OF THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE POSSIBILITY OF SUCH DAMAGES OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) LOSSES, AND WHETHER BASED ON A BREACH OF SECTION 2.8CONTRACT OR WARRANTY, OR NEGLIGENCE, MISREPRESENTATION OR OTHER TORT, OR ON ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR CONCERNING THIS AGREEMENT OR LASERFICHE CLOUD OR THE LASERFICHE CLOUD SUBSCRIPTIONS, LASERFICHE SOFTWARE, LASERFICHE CONTENT, SERVICES ENVIRONMENT OR THE SERVICES PROVIDED HEREUNDER, INCLUDING ANY SYSTEMS, NETWORKS OR ENVIRONMENTS, RELATED TO THE FOREGOING. 11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WILL THE TOTAL AGGREGATE CUMULATIVE LIABILITY OF ONE PARTY TO THE OTHER PARTY LASERFICHE FOR ANY AND ALL DAMAGESDAMAGES SUFFERED BY SUBSCRIBER, LOSSESSUBSCRIBER’S AFFILIATES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORTUSERS, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE)AND ANYONE ELSE, ARISING FROM OUT OF OR CONCERNING THIS AGREEMENT OR AGENCY’S AND/LASERFICHE CLOUD OR AGENCY’S CLIENTS’ USE THE LASERFICHE CLOUD SUBSCRIPTIONS, LASERFICHE SOFTWARE, LASERFICHE CONTENT, SERVICES ENVIRONMENT OR THE SERVICES PROVIDED HEREUNDER, INCLUDING ANY SYSTEMS, NETWORKS OR ENVIRONMENTS, RELATED TO THE FOREGOING, WHETHER BASED ON A BREACH OF THE SPRINKLR SERVICESCONTRACT OR WARRANTY, EXCEEDOR NEGLIGENCE, IN THE AGGREGATEMISREPRESENTATION OR OTHER TORT, OR ON ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNT OF FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN SUBSCRIBER PAYS LASERFICHE FOR THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT APPLICABLE LASERFICHE CLOUD SUBSCRIPTION GIVING RISE TO THE LIABILITYLIABILITY LIMITED TO THE AMOUNT ACTUALLY PAID DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT SUBSCRIBER PROVIDES LASERFICHE WRITTEN NOTICE OF AN EXISTING OR POTENTIAL CLAIM OR SUIT AGAINST IT. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS CONTAINED IN THIS SECTION 11.2 SHALL NOT APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTCLAIMS ARISING OUT OF WILLFUL MISCONDUCT OR FRAUD. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RELYMD BE LIABLE TO ANY PARTY FOR LOST PROFITS OR REVENUE OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, COVER, SPECIAL, RELIANCE OR EXEMPLARY DAMAGES, OR INDIRECT DAMAGES OF ANY TYPE OR KIND HOWEVER CAUSED, WHETHER FROM BREACH OF WARRANTY, BREACH OR REPUDIATION OF CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL CAUSE OF ACTION FROM OR IN CONNECTION WITH THESE TERMS OF SERVICE OR ANY AGREEMENT (WHETHER OR NOT THE TOTAL PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE SUCH DAMAGES SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN THE FOLLOWING PARAGRAPH. THE MAXIMUM LIABILITY OF ONE ANY PARTY ARISING OUT OF OR IN CONNECTION WITH ANY AGREEMENT OR ANY LICENSE, USE OR OTHER DE PLOYMENT OF THE RELYMD PLATFORM OR ANY SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STATUTORY DUTY, OR OTHERWISE, SHALL BE NO GREATER THAN AN AMOUNT EQUAL TO THE EQUIVALENT OF THREE (3) MONTHS OF SUBSCRIPTION FEES APPLICABLE AT THE TIME OF THE EVENT. IN THE EVENT OF A BREACH OF SECTION 2.09 (CONFIDENTIALITY) OF THESE TERMS OF SERVICE, SUCH MAXIMUM LIABILITY OF EITHER PARTY SHALL BE AN AMOUNT EQUAL TO THE EQUIVALENT OF SIX (6) MONTHS OF SUBSCRIPTION FEES APPLICABLE AT THE TIME OF THE EVENT. NOTWITHSTANDING THE PREVIOUS SENTENCE, RELYMD SHALL NOT BE LIABLE TO ANY PARTY TO THE EXTENT SUCH LIABILITY WOULD NOT HAVE OCCURRED BUT FOR THE OTHER PARTY’S FAILURE TO COMPLY WITH THE TERMS OF SERVICE OR WITH THE TERMS OF ANY AGREEMENT. AS IT PERTAINS TO A CUSTOMER AGREEMENT, RELYMD AND THE CUSTOMER, EACH PARTY FOR ACKNOWLEDGES THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN ANY AGREEMENT AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT THAT THE PARTIES WOULD NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS ENTER INTO ANY AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE WITHOUT THESE LIMITATIONS ON THEIR LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT IN THE SAME FORM AN ESSENTIAL BASIS SECOND PARAGRAPH OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION SHALL NOT APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTEITHER PARTY’S INDEMNITY OBLIGATIONS EXCEPT AS SET FORTH IN SECTION 6.0 BELOW. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 12.1 IN NO EVENT SHALL EITHER PARTY SONY OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECTPROSPECTIVE PROFITS, OR SPECIAL, INCIDENTAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE BREACH OF THIS AGREEMENT BY SCEE), WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. IN NO EVENT SHALL SONY'S LIABILITY ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING LIABILITY FOR DIRECT DAMAGES, AND INCLUDING WITHOUT LIMITATION ANY LIABILITY UNDER CLAUSE 11.1, EXCEED THE PLATFORM CHARGE PAID BY PUBLISHER TO SCEE UNDER CLAUSE 7 WITHIN THE 2 (TWO) YEARS PRIOR TO THE SPRINKLR SERVICES. 7.2 DATE OF THE FIRST OCCURENCE OF THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY. EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE AS EXPRESSLY SET FORTH HEREIN, NO SONY ENTITY, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR WILLFUL MISCONDUCT; (ii) AGENTS, SHALL BEAR ANY RISK, OR HAVE ANY RESPONSIBILITY OR LIABILITY, OF ANY KIND TO PUBLISHER OR TO ANY THIRD PARTIES WITH RESPECT TO THE PARTIES’ INDEMNIFICATION OBLIGATIONS; FUNCTIONALITY AND/OR (iii) A BREACH PERFORMANCE OF SECTION 2.8, LICENSED PRODUCTS. 12.2 IN NO EVENT SHALL PUBLISHER BE LIABLE TO SCEE FOR PROSPECTIVE PROFITS, OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE TOTAL BREACH OF THIS AGREEMENT BY PUBLISHER), WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES PROVIDED THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE PUBLISHER EXPRESSLY AGREES THAT SUCH LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION NOT APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER DAMAGES RESULTING FROM PUBLISHER'S BREACH OF CLAUSES 2, 3, 4, 9 OR 11.2 OF THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform12.3 SUBJECT AS EXPRESSLY PROVIDED IN CLAUSES 10.1 AND 10.2, or delay in the performance ofNO SONY ENTITY NOR ITS SUPPLIERS MAKE, any obligation under this Agreement caused by a Force Majeure EventNOR DOES PUBLISHER RECEIVE, ANY WARRANTIES (EXPRESS, IMPLIED OR STATUTORY) REGARDING THE SONY MATERIALS AND/OR UNITS OF MANUFACTURED MATERIALS MANUFACTURED HEREUNDER. SONY SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OF, OR INABILITY TO USE, SUCH UNITS OF MANUFACTURED MATERIALS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY WARRANTIES, CONDITIONS OR OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW (INCLUDING AS TO MERCHANTABILITY, SATISFACTORY QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE AND THE EQUIVALENTS THEREOF UNDER THE LAWS OF ANY JURISDICTION) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. HOWEVER, NOTHING IN THIS AGREEMENT SHALL LIMIT SONY'S LIABILITY IN RELATION TO CLAIMS ARISING FROM THE INJURY OR DEATH OF ANY PERSON RESULTING FROM THE PROVEN NEGLIGENCE OF SONY.

Limitations of Liability. 7.1 EXCEPT AS OTHERWISE EXPRESSLY SET OUT IN THIS AGREEMENT: 6.3.1 EACH PARTY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED OR EXPRESS WARRANTIES AND MAKES NO EVENT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, SAFETY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE LICENSED TECHNOLOGY, OR THAT THE LICENSED TECHNOLOGY CAN BE EXPLOITED TO GENERATE REVENUES; 6.3.2 UHN DOES NOT WARRANT OR REPRESENT THAT ISSUED PATENTS ARE VALID, OR PENDING PATENT APPLICATIONS WILL ISSUE, OR WHEN ISSUED WILL BE VALID, OR THAT THE PRACTICE OR EXPLOITATION OF ANY LICENSED TECHNOLOGY PROVIDED PURSUANT TO THIS AGREEMENT, DOES NOT, OR WILL NOT, CONSTITUTE INFRINGEMENT OF RIGHTS OF THIRD PARTIES; 6.3.3 NEITHER PARTY SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTALCONSEQUENTIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTPUNITIVE DAMAGE OR LOSS OF BUSINESS OR LOSS OF PROFITS SUFFERED BY SUCH OTHER PARTY RESULTING FROM THE USE OR OTHER EXPLOITATION OF THE LICENSED TECHNOLOGY, INCLUDING WITHOUT LIMITATION LOSS THE SALE OF REVENUE ANY LICENSED PRODUCTS. FURTHERMORE, UHN MAKES NO REPRESENTATION THAT THE LICENSED TECHNOLOGY IS FREE FROM DEFECT OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTINTELLECTUAL PROPERTY INFRINGEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT NEITHER PARTY SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR LOST PROFITS ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING EVEN IF IT HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR (I) ANY LOSS, CORRUPTION OR DELAY OF DATA, (II) ANY LOSS, CORRUPTION OR DELAY OF COMMUNICATIONS WITH OR CONNECTION TO RELATED PRODUCTS OR CONTENT, OR (III) ANY VIRUS, BUG OR OTHER HARM THAT IS INTRODUCED THROUGH THE USE OR PROVISION OF THE CHORUS SERVICE. PUBLISHER MEMBER ACKNOWLEDGES AND AGREES THAT THE CHORUS PARTIES SHALL NOT BE LIABLE FOR (I) ANY ACTIONS TAKEN BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY GOVERNMENT AGENCY OR ANY ARCHIVE WITH RESPECT TO THE CHORUS SERVICE, INCLUDING, WITHOUT LIMITATION LOSS OF REVENUE MAKING ARTICLES BRIGHT AND (II) ANY INACCURATE OR ANTICIPATED PROFITS INCOMPLETE INFORMATION FEATURED IN THE CHORUS SERVICE OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO CONTAINED ON THE SPRINKLR SERVICES. 7.2 CHORUS SITE GENERALLY, INCLUDING INFORMATION REGARDING THE PUBLISHER MEMBER AND ITS PUBLIC ACCESS POLICIES. EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8INDEMNITY OBLIGATION, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE EITHER PARTY TO HEREUNDER BE GREATER THAN THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT MEMBERSHIP DUES PAID OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF DUE DURING THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTTHEN- CURRENT TERM. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 9.1. EXCEPT FOR DAMAGES ARISING OUT OF (I) A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS HEREUNDER, (II) A PARTY’S MISAPPROPRIATION OF THE OTHER PARTY’S IP RIGHTS, OR (iii) WHERE A CLAIM RESULTS FROM INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, AND CAUSES REGARDLESS OF ACTION (WHETHER IN CONTRACT OR TORTTHE NATURE OF THE CLAIM, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, NEGLIGENCE LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, OR OTHERWISE)COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, ARISING EVEN IF THE PARTY FROM WHOM SUCH DAMAGES ARE SOUGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT OR AGENCYHAVE BEEN BREACHED. 9.2. EXCEPT FOR DAMAGES ARISING OUT OF (I) A PARTY’S AND/OR AGENCYBREACH OF ITS CONFIDENTIALITY OBLIGATIONS HEREUNDER, (II) A PARTY’S CLIENTS’ USE MISAPPROPRIATION OF THE SPRINKLR SERVICESOTHER PARTY’S IP RIGHTS, EXCEEDOR (iii) WHERE A CLAIM RESULTS FROM INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, IN EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE AGGREGATEFORM OF ACTION, SHALL NEVER EXCEED THE TOTAL FEES RECEIVED AMOUNT PAID BY OR PAYABLE CUSTOMER TO SPRINKLR FROM AGENCY COMPANY UNDER THIS AGREEMENT IN DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE BEFORE ANY EVENT GIVING RISE TO A CLAIM BY THE OTHER PARTY HEREUNDER. EACH PARTY HEREBY RELEASES THE OTHER PARTY FROM ALL OBLIGATIONS, LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO , CLAIMS, OR DEMANDS IN EXCESS OF THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTLIMITATION. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 EXCEPT IN CONNECTION WITH EACH PARTY’S INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS UNDER THIS AGREEMENT, FOR WHICH LIABILITY WILL NOT BE SO LIMITED, (A) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECTCONSEQUENTIAL, SPECIAL, INCIDENTALINDIRECT, PUNITIVEEXEMPLARY, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTPUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR PROFITS, LOST BUSINESS OR LOST SALES COST OF REPLACEMENT SERVICES, WHETHER IN CONTRACT, TORT, OR ANY OTHER MATTER RELATING TO LEGAL THEORY, EVEN IF SUCH PARTY HAS PRIOR NOTICE OF THE SPRINKLR SERVICES. 7.2 EXCEPT FOR POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY, AND (iB) EITHER EACH PARTY’S GROSS NEGLIGENCE MAXIMUM AGGREGATE LIABILITY UNDER OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY WITH RESPECT TO THE OTHER PARTY THIS AGREEMENT FOR ANY AND ALL DAMAGESCLAIMS, LOSSESREGARDLESS OF THE NUMBER OR NATURE OF THE CLAIMS, AND CAUSES OF ACTION (WHETHER ARISING IN CONTRACT OR CONTRACT, TORT, INCLUDINGREGULATORY LAW, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, SHALL BE LIMITED TO DIRECT DAMAGES OBJECTIVELY MEASURED IN THE AGGREGATE, AN AMOUNT THAT SHALL NOT EXCEED THE TOTAL FEES RECEIVED BY PAID OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING INCIDENT THAT GAVE RISE TO THE LIABILITYCLAIM. AGENCY EACH PARTY ACKNOWLEDGES AND AGREES THAT SPRINKLR HAS SET ITS PRICES THE DISCLAIMER OF WARRANTIES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED CONTAINED IN THIS AGREEMENT WILL SURVIVE ARE PART OF AN ALLOCATION OF RISKS AND APPLY EVEN IF FOUND BENEFITS BETWEEN THE PARTIES AND THAT WITHOUT SUCH ALLOCATION OF RISKS AND BENEFITS, NEITHER PARTY WOULD BE WILLING TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER ENTER INTO THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT 9.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL EITHER PARTY BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, INDEMNIFICATION, STRICT LIABILITY IN TORT OR WARRANTY OF ANY KIND) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, MULTIPLE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO COSTS OF COVER, LOST PROFITS, LOST DATA, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF PROFITS DUE TO PRODUCTS (INCLUDING INSTRUMENTS) DOWN TIME OR LOSS OF REVENUE) THAT THE OTHER PARTY MIGHT INCUR UNDER THE AGREEMENT, OR THAT MAY ARISE FROM OR IN CONNECTION WITH THE PRODUCTS EVEN IF SUCH PARTY HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL CUMULATIVE LIABILITY OF TELESIS BIO IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR WITH RESPECT TO ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; PRODUCTS SOLD AND/OR (iii) ANY SERVICES RENDERED HEREUNDER, THE LIABILITY OF TELESIS BIO UNDER ITS INDEMNIFICATION OBLIGATIONS, OR A BREACH OF SECTION 2.8BY TELESIS BIO HEREOF OR FAILURE TO PERFORM IN CONTRACT, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDINGWARRANTY, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT WILL NOT EXCEED THE AMOUNT OF FEES CUSTOMER ACTUALLY PAID TO TELESIS BIO FOR THE SPECIFIC PRODUCT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING SERVICE THAT GAVE RISE TO THE LIABILITYAPPLICABLE CLAIM(S). AGENCY THE CUSTOMER ACKNOWLEDGES THAT SPRINKLR HAS THESE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK SET ITS PRICES FORTH IN THIS AGREEMENT AND ENTERED THAT TELESIS BIO WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. DELIVERY DATES AND TIMES ARE ESTIMATES ONLY AND TELESIS BIO WILL NOT BE LIABLE (IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND CONTRACT, DELICT, TORT OR OTHERWISE) FOR ANY LOSSES, EXPENSES, CLAIMS OR DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTCAUSED BY A LATE DELIVERY. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 18.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE PROVIDED IN SECTION 18.2: (a) IN NO EVENT SHALL EITHER PARTY PARTY, ITS AFFILIATES OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIALPUNITIVE, INCIDENTAL, PUNITIVESPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTEXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF REVENUE PROFITS, GOODWILL, USE, DATA OR ANTICIPATED PROFITS OTHER INTANGIBLE LOSSES ARISING OUT OF OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR THIS AGREEMENT; AND (ib) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL EITHER PARTY’S CUMULATIVE AND AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL LIABILITY OF ONE PARTY FEES PAID TO DATADOG BY A CUSTOMER ENTITY UNDER THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISEAPPLICABLE ORDER(S), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF INCLUDING PRIOR ORDERS FOR THE SPRINKLR SERVICES, EXCEEDSAME SERVICE, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES THE EXCLUSIONS AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR WHETHER THE SPRINKLR SERVICES UNDER THIS AGREEMENTALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE NON-BREACHING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 7.3 Neither party will be liable 18.2. The exclusions and limitations in Section 18.1 shall not apply to the other for any a Party’s indemnification obligations under Section 17, Losses arising out of a Party’s failure to performcomply with its confidentiality obligations under Section 11, or delay in the performance of, any obligation your payment obligations to Datadog under this Agreement caused by a Force Majeure EventAgreement.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR CLAIMS ARISING OUT OF (ia) EITHER PARTY’S BREACH OF CONFIDENTIALITY; (b) BREACH OF APPRISS INTELLECTUAL PROPERTY RIGHTS; (c) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (iid) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iiie) A VIOLATIONS OF APPLICABLE LAW OR THE REQUIREMENTS, NEITHER PARTY SHALL BE LIABLE IN ANY AMOUNT FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, LOSS OF GOODWILL OR BUSINESS PROFITS, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, OR EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER ARISING, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7.2 EXCEPT FOR CLAIMS ARISING OUT OF (a) BREACH OF SECTION 2.8CONFIDENTIALITY; (b) BREACH OF APPRISS INTELLECTUAL PROPERTY RIGHTS; (c) GROSSNEGLIGENCE OR WILLFUL MISCONDUCT; (d) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; OR (e) VIOLATIONS OF APPLICABLE LAW OR THE REQUIREMENTS, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR AN AMOUNT OF DAMAGES IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE EXCESS OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY PAID OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES BY LICENSEE UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to performEACH PARTY ACKNOWLEDGES THAT THE FEES REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT APPRISS WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. NOTWITHSTANDING THE FOREGOING, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure EventSECTIONS 8.1 AND 8.2 SHALL NOT APPLY TO LIABILITIES THAT CANNOT BE LIMITED BY LAW.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER (a) WITHOUT LIMITING ANY RIGHTS OR REMEDIES AVAILABLE TO THE PARTIES PURSUANT TO THE MERGER AGREEMENT, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, LOST PROFITS OR OTHER SPECIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OF ANY THEORY OF LIABILITY, ARISING FROM THE PERFORMANCE OF, OR CONSEQUENTIAL DAMAGES RELATING TO, THIS AGREEMENT REGARDLESS OF WHETHER SUCH PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OF, OR THE FORESEEABILITY OF, SUCH DAMAGES, IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING EACH CASE EXCEPT TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S EXTENT OF DAMAGES AWARDED IN AN ACTION INVOLVING A THIRD-PARTY CLAIM OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; MISCONDUCT OF PROVIDER OR ITS AFFILIATES (iiBUT EXCLUDING RECIPIENT AND ITS SUBSIDIARIES) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; IN THIR PERFORMANCE OF SERVICES AND/OR DELIVERABLES DIRECTLY FOR THIRD PARTIES ON BEHALF OF RECIPIENT. (iiib) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY EXCEPT TO THE OTHER EXTENT OF DAMAGES AWARDED IN AN ACTION INVOLVING A THIRD-PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES CLAIM OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, GROSS NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT WILLFUL MISCONDUCT OF PROVIDER OR AGENCY’S ITS AFFILIATES (BUT EXCLUDING RECIPIENT AND ITS SUBSIDIARIES) IN THEIR PERFORMANCE OF SERVICES AND/OR AGENCYDELIVERABLES DIRECTLY FOR THIRD PARTIES ON BEHALF OF RECIPIENT, NEITHER PARTY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY LIABILITY UNDER THIS AGREEMENT IN INCLUDING ARTICLE X SHALL EXCEED THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS AMOUNT OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND FEES PAID (OR PAYABLE) BY RECIPIENT TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY PROVIDER PURSUANT TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 14.1 TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INJURY TO OR LOSS OF GOODWILL, REPUTATION, BUSINESS, PRODUCTION, REVENUES, PROFITS, ANTICIPATED PROFITS, CONTRACTS, OR OPPORTUNITIES (REGARDLESS OF HOW THESE ARE CLASSIFIED AS DAMAGES), OR SHALL BE ENTITLED TO RECOVER FROM THE OTHER PARTY ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INCLUDING LOST PROFITS, OR PUNITIVE DAMAGES IN CONNECTION WITH THIS AGREEMENT WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE (INCLUDING THE ENTRY INTO, PERFORMANCE, OR BREACH OF THIS AGREEMENT), REGARDLESS OF THE FORESEEABILITY THEREOF AND REGARDLESS OFWHETHER SUCH PARTY HAS BEEN INFORMED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES; PROVIDED, HOWEVER, THAT THIS SECTION 14.1 SHALL NOT BE CONSTRUED TO LIMIT (A)EITHER PARTY’S RIGHT TO SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR THE OTHER PARTY’S BREACH OF ARTICLE 10 (CONFIDENTIALITY), FRAUD, INTENTIONAL MISREPRESENTATION OR (B) EITHER PARTY’S INDEMNIFICATION RIGHTS OR OBLIGATIONS UNDER ARTICLE 16 TO THE EXTENT THAT A THIRD PARTY IS AWARDED ANY SUCH DAMAGES OR AMOUNTS. 14.2 THE PARTIES AGREE THAT THE LIMITATIONS SPECIFIED IN THIS ARTICLE 14 WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 14.3 IN ADDITION AND WITHOUT LIMITING THE OTHER PROVISIONS IN THIS ARTICLE 14, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR TO THE OTHER PARTY OR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF THEIR RESPECTIVE AFFILIATES IN CONNECTION WITH OR RELATING TO THIS AGREEMENT FOR DAMAGES, EXPENSES OR MONETARY REMEDIES OF ANY KIND THAT IN THE AGGREGATE EXCEED THE FEES AND EXPENSES ACTUALLY INCURRED BY ORCHESTRA IN THE PERFORMANCE OF ITS RESPONSIBILITIES UNDER THIS AGREEMENT IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM LEADING TO SUCH DAMAGES, EXPENSES OR REMEDIES AROSE, AND IN NO CASE TO EXCEED [***] DOLLARS ($[***]); PROVIDED, HOWEVER, THAT THIS SECTION 14.3 SHALL NOT BE CONSTRUED TO LIMIT (A) EITHER PARTY’S RECOVERY FOR THE OTHER PARTY’S BREACH OF ARTICLE 10 (CONFIDENTIALITY), FRAUD, INTENTIONAL MISREPRESENTATION, (B) EITHER PARTY’S INDEMNIFICATION RIGHTS OR OBLIGATIONS UNDER ARTICLE 16 [***], OR (C) EITHER PARTY’S RECOVERY FOR THE OTHER PARTY’S BREACH OF ANY PAYMENT OR REIMBURSEMENT OBLIGATIONS IN CONNECTION WITH OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES THOSE SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT8.4 (REPORTS; PAYMENTS). 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 15.1 CARDINAL HEALTH’S LIABILITY UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS FOR LOST, DAMAGED OR DESTROYED API OR OTHER RELIANT-SUPPLIED MATERIALS WHETHER OR NOT SUCH API OR RELIANT-SUPPLIED MATERIALS ARE INCORPORATED INTO PRODUCT SHALL NOT EXCEED [***] PER BATCH, UP TO [***]. IN THE EVENT THAT CARDINAL HEALTH LIABILITY FOR LOST API SHALL EXCEED [***] FOR ANY CONTRACT YEAR DURING THE TERM, THE PARTIES SHALL MEET WITHIN THIRTY (30) DAYS FROM THE DATE CARDINAL HEALTH’S LIABILITY FOR LOST API [***], OR (B) [***]. IN THE EVENT THAT THE PARTIES CANNOT REACH AN AGREEMENT WITH REGARD TO THE FOREGOING SENTENCE WITHIN SUCH THIRTY (30) DAY PERIOD, RELIANT SHALL HAVE THE SOLE OPTION TO (X) [***] (Y) [***]. FOR AVOIDANCE OF DOUBT, ANY AMOUNTS OWING BY CARDINAL HEALTH HEREUNDER SHALL NOT COUNT AGAINST THE LIABILITY CAP SET FORTH IN SECTION 15.2 BELOW. 15.2 NOTWITHSTANDING, AND SPECIFICALLY EXCLUDING, ANY AMOUNTS OWED BY CARDINAL HEALTH TO RELIANT UNDER SECTION 15.1 ABOVE, AND SPECIFICALLY EXCLUDING LOSSES RESULTING FROM CARDINAL HEALTH’S [***]: Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, CARDINAL HEALTH’S TOTAL LIABILITY UNDER THIS AGREEMENT OTHER THAN FOR LOST, DAMAGED OR DESTROYED API, SHALL IN NO EVENT EXCEED [***]. 15.3 NEITHER PARTY SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH (EXCEPT FOR THOSE INDEMNITY OBLIGATIONS UNDER ARTICLE 14 THAT ARE DEEMED CONSEQUENTIAL DAMAGES) ARISING OUT OF PERFORMANCE UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LIMITATION, LOSS OF REVENUE OR ANTICIPATED REVENUES, PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8DATA, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS POSSIBILITY OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTSUCH DAMAGES. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 14.1 WITH RESPECT TO EACH TYPE OF BULK PRODUCT PACKAGED UNDER THIS AGREEMENT, PCI’S LIABILITY TO CLIENT UNDER THIS AGREEMENT WITH RESPECT TO ANY 12-MONTH PERIOD SHALL IN NO EVENT SHALL EITHER PARTY EXCEED THE NET FEES (EXCLUDING PASS THROUGH COSTS) PAID BY CLIENT OR PAYABLE BY CLIENT TO PCI UNDER THIS AGREEMENT DURING SUCH 12 MONTH PERIOD. FOR CLARITY, AS AN EXAMPLE BASED UPON INITIAL PACKAGING REQUIREMENTS, THE PRECEDING SENTENCE WOULD BE LIABLE CALCULATED BASED UPON THE NET FEES (EXCLUDING PASS THROUGH COSTS) PAID BY CLIENT OR PAYABLE BY CLIENT TO PCI UNDER THIS AGREEMENT DURING SUCH 12 MONTH PERIOD FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ALL PACKAGING OF VALBENAZINE DITOSYLATE 40MG & 80MG CAPSULES. EXCEPT IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS THE CASE OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTYPCI’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT 12 MONTH PERIOD SHALL THE TOTAL PCI’S LIABILITY OF ONE UNDER THIS AGREEMENT EXCEED $[…***…]. 14.2 NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY AND ALL DAMAGESINDIRECT, LOSSESINCIDENTAL, AND CAUSES SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF ACTION (REVENUES, PROFITS OR DATA ARISING OUT OF PERFORMANCE UNDER THIS AGREEMENT, WHETHER IN CONTRACT OR IN TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS POSSIBILITY OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTSUCH DAMAGES. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL COMPANY OR ITS AGENTS, EMPLOYEES, AFFILIATES, DIRECTORS OR OFFICERS OR ANY THIRD PARTY PROVIDERS, LICENSORS OR SUPPLIERS HAVE ANY LIABILITY TO YOU OR ANY OTHER THIRD PARTY, AND YOU AGREE TO RELEASE AND HOLD THE COMPANY AND ITS AGENTS, EMPLOYEES, AFFILIATES, DIRECTORS AND OFFICERS AND ANY THIRD PARTY PROVIDERS, LICENSORS AND SUPPLIERS HARMLESS FROM, ANY LIABILITY ARISING FROM (A) ANY DELAYS IN THE PERFORMANCE OF THE SERVICES; (B) ANY THIRD PARTY SOFTWARE; (C) THE PERFORMANCE OF THE SERVICES, EXCEPT AND ONLY TO THE EXTENT THAT THE COMPANY IS GROSSLY NEGLIGENT IN PERFORMING THE SERVICES; OR (D) CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATE STATUTES MAY APPLY RESTRICTIONS REGARDING LIMITATIONS ON LIABILITY. THE SOLE AND MAXIMUM LIABILITY OF ONE THE COMPANY AND ITS AGENTS, EMPLOYEES, AFFILIATES, DIRECTORS, OFFICERS AND THIRD PARTY TO THE OTHER PARTY PROVIDERS, LICENSORS AND SUPPLIERS, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY AND ALL DAMAGESCLAIMS WHATSOEVER, LOSSESWHETHER BASED ON BREACH OF CONTRACT, AND CAUSES BREACH OF ACTION (WHETHER IN CONTRACT OR WARRANTY, TORT, INCLUDINGINCLUDING NEGLIGENCE, BUT NOT LIMITED TO, NEGLIGENCE PRODUCT LIABILITY OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF SHALL BE LIMITED TO THE SPRINKLR SERVICES, EXCEED, IN AMOUNT THAT YOU PAID FOR THE AGGREGATE, SERVICES WITHIN THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE INITIAL CLAIM MADE BY YOU IN WHICH THE COMPANY IS LIABLE TO YOU FOR SUCH CLAIM. YOU ACKNOWLEDGE THAT THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR COMPANY HAS SET ITS PRICES FEES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, IN THIS AGREEMENT AND THAT THE SAME THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF PORTIONS OF THIS AGREEMENT ARE FOUND TO HAVE FAILED OF IN THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH GOODWILL, FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, ITS SUBJECT MATTER OR PERFORMANCE HEREUNDER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING WITHOUT LIMITATION LOSS NEGLIGENCE) OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF REVENUE THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY’S TOTAL LIABILITY FOR ANY CAUSE OF ACTION, CLAIM, DAMAGES, FEES, COSTS OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING EXPENSES SHALL BE LIMITED TO THE SPRINKLR SERVICES. 7.2 EXCEPT AMOUNT PAID BY COMPANY TO COVEWARE FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED COVEWARE SERVICES PROVIDED BY OR PAYABLE TO SPRINKLR FROM AGENCY COVEWARE UNDER THIS AGREEMENT IN DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO DATE ON WHICH THE LIABILITYCLAIM AT ISSUE ACCRUED. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR ALL CAUSES OF ACTION IN THE SPRINKLR SERVICES UNDER AGGREGATE. EACH PARTY ACKNOWLEDGES AND AGREES THAT THIS AGREEMENTSECTION REPRESENTS A REASONABLE ALLOCATION OF RISK AND THAT, IN THE ABSENCE OF THESE LIMITATIONS OF LIABILITY, THE TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY PARTY, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS VENDORS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIALPUNITIVE, INCIDENTAL, PUNITIVESPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTEXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF REVENUE PROFITS, GOODWILL, USE, DATA OR ANTICIPATED PROFITS OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR LOST BUSINESS INABILITY TO USE, THE SERVICE OR LOST SALES THE SUPPORT; PROVIDED, HOWEVER, THAT SUCH LIMITATIONS SHALL NOT APPLY TO: (I) DAMAGES ARISING OUT OF A PARTY’S FAILURE TO COMPLY WITH ITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 13; (II) A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 16(d) OR ANY OTHER MATTER RELATING 16(e) (AS APPLICABLE); OR (III) CUSTOMER’S PAYMENT OBLIGATIONS TO THE SPRINKLR SERVICESSANGOMA. 7.2 EXCEPT (b) UNDER NO CIRCUMSTANCES WILL SANGOMA BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR CUSTOMER’S ACCOUNT(S) OR THE INFORMATION CONTAINED THEREIN. SANGOMA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (iI) EITHER PARTY’S GROSS NEGLIGENCE ERRORS, MISTAKES, OR WILLFUL MISCONDUCTINACCURACIES OF CONTENT; (iiII) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM CUSTOMER’S OR AUTHORIZED USERS’ ACCESS TO AND USE OF THE PARTIES’ INDEMNIFICATION OBLIGATIONSSERVICE OR SUPPORT; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (iiiIV) A BREACH CUSTOMER DATA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF SECTION 2.8ANY THIRD PARTY. EXCEPT FOR THEIR RESPECTIVE INDEMNITY AND CONFIDENTIALITY OBLIGATIONS HEREUNDER, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY EITHER PARTY, THEIR AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY AUTHORIZED USER FOR ANY AND ALL CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSESLOSSES OR COSTS IN AN AMOUNT EXCEEDING THE FEES CUSTOMER PAID TO SANGOMA HEREUNDER. (c) THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDINGNEGLIGENCE, BUT NOT LIMITED TOSTRICT LIABILITY, NEGLIGENCE OR OTHERWISE)ANY OTHER BASIS, ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE EVEN IF THE NON-BREACHING PART HAS BEEN ADVISED OF THE SPRINKLR SERVICES, EXCEED, IN POSSIBILITY OF SUCH DAMAGE. THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE FOREGOING LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTFULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECTLOST PROFITS, GOODWILL, OR REVENUES OR FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTALINDIRECT, PUNITIVECOVER, BUSINESS INTERRUPTION, OR CONSEQUENTIAL PUNITIVE DAMAGES IN CONNECTION WITH ANY CLAIM OF ANY NATURE, WHETHER IN CONTRACT, TORT, OR UNDER ANY THEORY OF LIABILITY, ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS EVEN IF A PARTY HAS BEEN GIVEN ADVANCE NOTICE OF REVENUE SUCH POSSIBLE DAMAGES OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING IF A PARTY’S REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER EXTENT PERMITTED BY LAW, EACH PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL ENTIRE LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN WILL NOT EXCEED THE FEES PAID BY CUSTOMER TO INVOKA UNDER THIS AGREEMENT FOR THE SERVICES GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE PRIOR TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON DATE ON WHICH THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIESAROSE. THE PARTIES AGREE THAT EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. THE LIMITATIONS FOREGOING EXCLUSIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS LIMITS IN THIS SECTION 9 SHALL NOT APPLY TO FEES DUE LIABILITY OR OBLIGATIONS ARISING UNDER SECTIONS 1.2 (RESTRICTIONS) OR 8 (INDEMNIFICATION), INFRINGEMENT OR MISAPPROPRIATION BY A PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, OR CUSTOMER’S OBLIGATION TO PAY FOR THE SPRINKLR SERVICES OR TAXES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 4.1 EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THE AGREEMENT, LICENSEE ACKNOWLEDGES THAT THE LICENSED SOFTWARE AND ALL SERVICES PROVIDED HEREUNDER ARE PROVIDED ON AN “AS IS” BASIS AND BAYER DOES NOT WARRANT THAT THE LICENSED SOFTWARE OR SERVICES WILL MEET LICENSEE’S REQUIREMENTS, BE ERROR FREE OR OPERATE WITHOUT INTERRUPTION. LICENSEE IS SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE LICENSED SOFTWARE WILL ACHIEVE THE RESULTS IT DESIRES. BAYER MAKES NO OTHER WARRANTIES TO LICENSEE, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 4.2 THE MAXIMUM TOTAL LIABILITY OF BAYER FOR ANY CLAIM UNDER OR RELATING TO THE AGREEMENT WHATSOEVER, INCLUDING WITHOUT LIMITATION CLAIMS FOR BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, WILL BE LIMITED TO DIRECT, PROVABLE DAMAGES NOT TO EXCEED THE AMOUNTS PAID HEREUNDER BY LICENSEE TO BAYER FOR THE LICENSED SOFTWARE THAT IS THE SUBJECT OF THE APPLICABLE CLAIM. IN NO EVENT SHALL EITHER PARTY WILL BAYER BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTDAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS BUSINESS PROFITS, BUSINESS INTERRUPTION, USE, INTERRUPTION, DELAY OR LOST INABILITY TO USE THE LICENSED SOFTWARE, DELAYS OR LOSS OF SERVICES, BUSINESS OR LOST SALES GOODWILL, LOSS OR CORRUPTION OF DATA OR INFORMATION, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SYSTEM SECURITY, OR ANY OTHER MATTER RELATING TO COMMERCIAL LOSS, EVEN IF ADVISED OF THE SPRINKLR SERVICESPOSSIBILITY OF SUCH DAMAGES. 7.2 EXCEPT 4.3 THE LICENSED SOFTWARE DOES NOT PROVIDE MEDICAL ADVICE AND IS NOT INTENDED TO BE A SUBSTITUTE FOR (i) EITHER PARTY’S GROSS NEGLIGENCE PROFESSIONAL MEDICAL JUDGMENT, DIAGNOSIS OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTTREATMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay 4.4 The remedies provided in the performance of, any obligation Agreement are the sole and exclusive remedies of the Parties and shall apply even if Licensee’s remedies under this Agreement caused fail of their essential purpose. 4.5 Licensee agrees that any breach by if of any restrictions on use or confidentiality obligations contained in the Agreement may cause serious and irreparable harm to Bayer and that in the event of such a Force Majeure Eventbreach by Licensee, Bayer will be entitled to seek injunctive relief as well as any and all other remedies available at law or in equity.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY WILL GEOCOMM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, UNDER OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTAGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF REVENUE GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCTREPUTATION; (iid) THE PARTIES’ INDEMNIFICATION OBLIGATIONSUSE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; AND/OR (iiie) A BREACH COST OF SECTION 2.8REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER GEOCOMM WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT SHALL WILL GEOCOMM'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL LIABILITY OF ONE PARTY AMOUNTS PAID TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY GEOCOMM UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTCLAIM. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 EXCEPT AS EXPRESSLY AND SPECIFICALLY PROVIDED IN NO EVENT THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND ALL OTHER TERMS OF ANY KIND WHATSOEVER IMPLIED BY STATUTE OR COMMON LAW ARE EXCLUDED FROM THIS AGREEMENT. HACKTHEBOS DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEIR OPERATION OR USE WILL BE UNINTERRUPTED OR ERROR FREE. HACKTHEBOX DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INTERFERENCE, OR FITNESS FOR A PARTICULAR PURPOSE. 7.2 NOTHING IN THIS AGREEMENT SHALL EITHER LIMIT OR EXCLUDE THE LIABILITY OF A PARTY: (I) FOR DEATH OR PERSONAL INJURY CAUSED BY THAT PARTY’S NEGLIGENCE; (II) FOR FRAUD OR FRAUDULENT MISREPRESENTATION; AND (III) IN RESPECT OF THAT PARTY’S CONFIDENTIALITY AND INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE YOUR LIABILITY FOR ANY BREACH, INFRINGEMENT OR MISAPPROPRIATION OF OUR INTELLECTUAL PROPERTY RIGHTS. 7.3 SUBJECT TO SECTION 7.2, TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, MISREPRESENTATION, RESTITUTION OR OTHERWISE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH LOSS, DAMAGES, COSTS, CHARGES OR EXPENSES HOWEVER ARISING UNDER THIS AGREEMENT OR ANY LOSS OF BUSINESS, REVENUE OR PROFIT, OR DEPLETION OF REPUTATION OR GOODWILL OR SIMILAR LOSSES, OR LOSS OR CORRUPTION OF DATA OR INFORMATION, OR PURE ECONOMIC LOSS HOWEVER ARISING. 7.4 SUBJECT TO SECTION 7.2, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY’S MAXIMUM LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION LOSS OF REVENUE NEGLIGENCE) MISREPRESENTATION, RESTITUTION OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8OTHERWISE, SHALL IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE ACTUALLY PAID TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT HACKTHEBOX IN RESPECT OF THE SUBSCRIBER’S SUBSCRIPTION IN THE TWELVE (12) 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO DATE ON WHICH THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTCLAIM AROSE. 7.3 Neither party will be liable to the other for any failure to perform7.5 SUBSCRIBER ACKNOWLEDGES AND AGREES THAT ABSENT ITS AGREEMENT TO THIS LIMITATION OF LIABILITY, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure EventHACKTHEBOX WOULD NOT PROVIDE THE SERVICE TO SUBSCRIBER.

Limitations of Liability. 7.1 IN NO EVENT 8.1 The following limitations are in addition to those set forth in the MSA. For purposes of Section 8 and all other exclusive remedies and limitations of liability set forth in the MSA, Provider shall be defined as including Provider Affiliates, and Provider and their employees, directors, officers, agents, representatives, subcontractors, interconnection, service providers and suppliers; and "Client" shall be defined as Client, its Affiliates, and its and their employees, directors, officers, agents, and representatives. 8.2 PROVIDER SHALL EITHER PARTY NOT BE LIABLE FOR ANY INDIRECTDAMAGES ARISING OUT OF OR RELATING TO: (a) INTEROPERABILITY, SPECIALINTERACTION, INCIDENTALACCESS OR INTERCONNECTION PROBLEMS WITH APPLICATIONS, PUNITIVEEQUIPMENT, SERVICES, CONTENT OR NETWORKS PROVIDED BY ALTERED MESSAGES OR TRANSMISSIONS, EXCEPT AS OTHERWISE PROVIDED IN THE SLA OR APPLICABLE TERMS AND CONDITIONS IN ANNEX 2, (b) UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF CLIENT'S OR THIRD PARTIES' APPLICATIONS, CONTENT, DATA, PROGRAMS, INFORMATION, NETWORK OR SYSTEMS UNLESS DUE TO PROVIDER'S NEGLIGENCE OR WILLFUL ACTIONS, OR CONSEQUENTIAL DAMAGES (c) ACTS OR OMISSIONS OF CLIENT OR CLIENT'S AGENTS OR REPRESENTATIVES THAT RESULT IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS THE FAILURE OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING DISRUPTIONS TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON 8.3 THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO 8 AND IN ANY OF THE APPLICALBE TERMS AND CONDITIONS SET FORTH IN ANNEX 2 SHALL APPLY: (a) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND (b) WHETHER OR NOT DAMAGES WERE FORESEEABLE. CLIENT ACKNOWLEDGES THAT THE FEES DUE FOR REFLECT THE SPRINKLR SERVICES UNDER ALLOCATION OF RISK SET FORTH IN THIS AGREEMENTMSA AND THAT PROVIDER WOULD NOT ENTER INTO THIS MSA, INCLUDING AGREEMENTS THERETO, WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THESE LIMITATIONS OF LIABILITY SHALL SURVIVE FAILURE OF ANY EXCLUSIVE REMEDIES PROVIDED IN THE MSA. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 9.1 CHC’S REPRESENTATIONS AND WARRANTIES ARE THOSE SET FORTH IN ARTICLE 9 OF THIS AGREEMENT. CHC DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. CHC DOES NOT GUARANTEE THE PAYMENT OR THE TIMING OF PAYMENT OF ANY CLAIMS SUBMITTED THROUGH THE CHC SERVICES. PAYMENT REMAINS THE RESPONSIBILITY OF THE PARTICULAR PAYER OF HEALTH CARE SERVICES AND/OR SUPPLIER TO WHICH THE PROVIDER IS SUBMITTING. IN NO EVENT SHALL EITHER PARTY CHC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTSPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS BUT NOT LIMITED TO LOST PROFITS, EVEN IF CHC HAS BEEN ADVISED OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES THE POSSIBILITY OF SUCH DAMAGES. CHC’S AGGREGATE LIABILITY TO PROVIDER UNDER THIS AGREEMENT AND WITH RESPECT TO THE CHC IP FURNISHED HEREUNDER (WHETHER UNDER CONTRACT, TORT, OR ANY OTHER MATTER RELATING THEORY OF LAW OR EQUITY) SHALL NOT EXCEED, UNDER ANY CIRCUMSTANCES, THE PRICE PAID BY PROVIDER TO CHC FOR THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTYPARTICULAR CHC IP INVOLVED DURING THE ONE YEAR PRECEDING PROVIDER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) CLAIM. THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH FOREGOING LIMITATION OF SECTION 2.8, LIABILITY REPRESENTS THE ALLOCATION OF RISK OF FAILURE BETWEEN THE PARTIES AS REFLECTED IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY PRICING HEREUNDER AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE IS AN ESSENTIAL ELEMENT OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 9.2 In the event that any information to be transmitted through the CHC Services is not transmitted by CHC or is not accurately transmitted as a result of CHC’s failure to perform the CHC Services in accordance with the terms of this Agreement, and such results in damage to Provider, then CHC’s sole obligation and liability to Provider for such event (subject to reasonable mitigation by Provider and the limitation of liability set forth in Section 9.1), shall be limited to furnishing credits on subsequent invoices from CHC to Provider in an amount equal to Provider’s actual damages incurred for reconstructing or retransmitting the data, including reasonable out-of-pocket expenses that Provider can demonstrate it has sustained and that are directly attributable to such failure. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSEProvider further agrees that CHC shall not be liable in any way for any inaccuracy resulting from errors or omissions or negligent or other wrongful acts of any employee or agent of Provider and its Affiliates and their respective agents. IN NO EVENT SHALL THE LIMITATIONS IN Any claim against CHC by Provider must be asserted in writing within sixty (60) days after CHC should have transmitted accurate information received from Provider or the transmission of inaccurate information on which the claim is based, whichever is applicable. Provider hereby agrees to promptly supply to CHC documentation reasonably requested by CHC to support any claim of Provider. THIS SECTION APPLY STATES THE ENTIRE LIABILITY OF CHC WITH RESPECT TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTCLAIMS THAT INFORMATION WAS NOT TRANSMITTED OR WAS TRANSMITTED INACCURATELY BY CHC. 7.3 Neither party will be liable to 9.3 CHC shall have no responsibility for determining the other accuracy of any claim submitted, for settling disputed claims, for settling disputed payments, for settling disagreements or disputes between a Payer and Provider, for any failure to performliability for the acts of a Payer and/or Provider that violate the Social Security Act and related regulations and/or guidelines, or delay in the performance for any liability foreseeable or otherwise occurring beyond CHC’s transmission of data. 9.4 Any claim or cause of action arising out of, any obligation based on, or relating to this Agreement not presented by Provider within one (1) year from the discovery of the claim or cause of action shall be deemed waived. Provider shall use commercially reasonable efforts to mitigate damages for which CHC may become responsible under this Agreement caused by a Force Majeure EventAgreement. 9.5 Except for Provider’s payment obligations hereunder, neither party shall be responsible for delays or failures in performance resulting from acts or events beyond its reasonable control, including but not limited to, acts of nature, governmental actions, fire, labor difficulties or shortages, civil disturbances, transportation problems, interruptions of power, supply or communications or natural disasters, provided such party takes reasonable efforts to minimize the effect of such acts or events.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY 11.1. GIMMAL AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH ARISING OUT OF THE POSSESSION OF, USE OF, FAILURE OF, OR INABILITY TO USE THE LICENSED SOFTWARE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS OR OTHER ECONOMIC LOSS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, WORK STOPPAGE, DATA LOSS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM OR LIABILITY IS BASED UPON ANY CONTRACT, TORT, BREACH OF WARRANTY, OR OTHER LEGAL OR EQUITABLE THEORY, AND NOTWITHSTANDING THAT ANY REMEDY HEREIN FAILS OF ITS ESSENTIAL PURPOSE. 11.2. GIMMAL’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS REGARDLESS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH FORM OF SECTION 2.8ACTION, IN NO EVENT SHALL NEVER EXCEED THE TOTAL LIABILITY OF ONE PARTY AMOUNT PAID BY CLIENT TO GIMMAL UNDER THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS RELEVANT AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE PRIOR TO ANY EVENT GIVING RISE TO A CLAIM BY THE OTHER PARTY HEREUNDER. EACH PARTY HEREBY RELEASES THE OTHER PARTY FROM ALL OBLIGATIONS, LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO , CLAIMS, OR DEMANDS IN EXCESS OF THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIESLIMITATION. THE PARTIES AGREE ACKNOWLEDGE THAT EACH OF THEM RELIED UPON THE LIMITATIONS AND EXCLUSIONS INCLUSION OF LIABILITY AND DISCLAIMERS SPECIFIED THIS LIMITATION IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED CONSIDERATION OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER ENTERING INTO THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOKIA, ITS AFFILIATES (INCLUDING THE TOTAL LIABILITY OF ONE PARTY OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OR NOKIA OR ITS AFFILIATES), LICENSORS, RESELLERS OR SUPPLIERS BE LIABLE TO THE OTHER PARTY BUYER FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, OR SPECIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM MALICIOUS SOFTWARE, LOSS OF USE, DATA OR PROFITS (HOWEVER CAUSED AND ALL DAMAGESUNDER ANY THEORY OF LIABILITY), LOSSESEVEN IF NOKIA, ITS AFFILIATES (INCLUDING THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CAUSES OF ACTION (WHETHER IN CONTRACT REPRESENTATIVES OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE NOKIA OR OTHERWISEITS AFFILIATES), ARISING FROM THIS AGREEMENT LICENSORS, RESELLERS OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE SUPPLIERS HAS BEEN ADVISED OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS POSSIBILITY OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSESUCH DAMAGES. IN NO EVENT SHALL NOKIA’S, ITS AFFILIATES’, LICENSORS’ OR SUPPLIER’S LIABILITY FOR A PRODUCT (WHETHER ASSERTED AS A TORT CLAIM, A CONTRACT CLAIM, AN EQUITY CLAIM OR OTHERWISE) EXCEED THE AMOUNTS PAID TO NOKIA FOR SUCH PRODUCT(S). IN NO EVENT WILL NOKIA, ITS AFFILIATES (INCLUDING THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OR NOKIA OR ITS AFFILIATES), LICENSORS, RESELLERS OR SUPPLIERS BE LIABLE FOR (I) COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY BUYER; (II) LOSS OF BUSINESS OR WORK INTERRUPTION; OR (III) DAMAGES ARISING OUT OF LATE DELIVERY OF THE PRODUCTS. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY TO ALL LIABILITIES THAT MAY ARISE OUT OF THIRD PARTY CLAIMS AGAINST BUYER. THESE LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE LIMITATIONS SET FORTH IN THIS SECTION 8 SHALL APPLY WHERE THE DAMAGES ARISE OUT OF OR RELATE TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS, SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGESINDIRECT, LOSSESINCIDENTAL, AND CAUSES SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LIABILITY (INCLUDING REASONABLE ATTORNEYS’ FEES) THAT RESULT FROM OR ARE RELATED TO THE AGREEMENT OR ANY OF ACTION (THE JAGGAER APPLICATIONS, WHETHER IN CONTRACT OR TORTTORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDINGEVEN IF THE OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITY. IN ANY EVENT, BUT NOT LIMITED TOEXCEPT FOR AMOUNTS OWED TO JAGGAER BY CLIENT AS SET FORTH IN AN ORDER FORM, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS THE AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF ANOTHER DOCUMENT, TO THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATEEXTENT PERMITTED BY LAW, THE TOTAL FEES AGGREGATE LIABILITY OF EITHER PARTY RELATED TO OR ARISING OUT OF THE AGREEMENT OR ANY OF THE JAGGAER APPLICATIONS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED THE AMOUNTS RECEIVED BY OR PAYABLE TO SPRINKLR JAGGAER FROM AGENCY UNDER THIS AGREEMENT CLIENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITYSUCH DAMAGES. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY UNDER THIS SECTION SHALL NOT APPLY TO ANY OBLIGATIONS AND LIABILITIES ARISING FROM VIOLATIONS BY EITHER PARTY HEREUNDER OF SECTIONS 3 OR 8 OF THE DISCLAIMERS AGREEMENT, OR ANY INDEMNIFICATION PROVIDED BY JAGGAER UNDER SECTION 7 OF THE AGREEMENT. THE LIMITATIONS ON JAGGAER'S LIABILITY CONTAINED IN THIS MSA ARE MADE TO THE FULL EXTENT PERMITTED BY LAW. NOTHING IN THIS MSA RESTRICTS THE EFFECT OF WARRANTIES AND DAMAGES SET FORTH HEREINOR CONDITIONS WHICH MAY BE IMPLIED BY LAW OR ANY OTHER RIGHTS OR REMEDIES WHICH CANNOT BE EXCLUDED, AND THAT RESTRICTED OR MODIFIED. SUBJECT TO THOSE LAWS, TO THE SAME FORM AN ESSENTIAL BASIS EXTENT TO WHICH JAGGAER IS ENTITLED TO DO SO, ITS LIABILITY UNDER SUCH IMPLIED CONDITIONS OR WARRANTIES OR OTHER RIGHTS OR REMEDIES, SHALL BE LIMITED AT ITS OPTION TO: (i) IN THE CASE OF GOODS, ANY ONE OR MORE OF THE BARGAIN BETWEEN FOLLOWING: (A) THE PARTIES. REPLACEMENT OR REPAIR OF THE PARTIES AGREE THAT GOODS OR THE LIMITATIONS AND EXCLUSIONS SUPPLY OF LIABILITY AND DISCLAIMERS SPECIFIED EQUIVALENT GOODS; OR (B) THE PAYMENT OF THE COST OF REPLACING OR REPAIRING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR (ii) IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED THE CASE OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL SERVICES, ANY ONE OR MORE OF THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR FOLLOWING: (A) THE SPRINKLR SUPPLYING OF THE SERVICES UNDER THIS AGREEMENTAGAIN; OR (B) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL WILL EITHER PARTY PARTY, OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO THE OTHER FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR THE BREACH THEREOF. SUCH EXCLUDED DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES OR COSTS INCURRED AS A RESULT OF LOSS OF TIME, LOSS OF DATA OR LOSS OF PROFITS THAT MAY ARISE IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF WHETHER TTG HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS OR WHETHER SUCH DAMAGES OR CLAIMS ARE BASED ON BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, PRODUCTS LIABILITY OR OTHERWISE. 7.2 TTG WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTCLAIM AGAINST USER BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICESUser’s CUSTOMERS EXCEPT AS OTHERWISE PROVIDED HEREIN. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, 7.3 IN NO EVENT SHALL THE TOTAL WILL TTG’S LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGESDAMAGES OR INJURIES TO USER OR ANY CUSTOMER EVER EXCEED THE LICENSE FEE PAID BY USER FOR THE PRODUCT, LOSSESREGARDLESS OF THE FORM OF ACTION, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE PRODUCTS LIABILITY OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON . 7.4 THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION 7 SHALL NOT APPLY TO: (I) TTG’S OBLIGATIONS SET FORTH IN SECTION 6 HEREOF, (II) DAMAGES TO FEES DUE REAL OR TANGIBLE PERSONAL PROPERTY, OR FOR BODILY INJURY OR DEATH, PROXIMATELY CAUSED BY TTG’S NEGLIGENCE, PRODUCTS, OR WILLFUL ACTS OR (III) WILLFUL AND FRAUDULENT MISREPRESENTATION BY TTG. HOWEVER, THE SPRINKLR SERVICES UNDER THIS AGREEMENTFOREGOING DOES NOT CONFER ANY RIGHT OR REMEDY UPON USER TO WHICH IT WOULD NOT OTHERWISE BE ENTITLED. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 EXCEPT WITH RESPECT TO CLAIMS RELATED TO NETRATINGS’ OR LICENSEE’S NON-DISCLOSURE OBLIGATIONS UNDER SECTION 10, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSESINCLUDING ANY LOST PROFITS, * This information has been omitted pursuant to a request for confidential treatment under 24b-2 of the Exchange Act of 1934 and has been filed separately with the Securities and Exchange Commission. EXEMPLARY OR SPECIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT. IN ALL EVENTS, EACH PARTY’S TOTAL LIABILITY IN THE AGGREGATE UNDER THIS AGREEMENT (EXCEPT WITH RESPECT TO CLAIMS RELATED TO NETRATINGS’ OR LICENSEE’S NON-DISCLOSURE OBLIGATIONS UNDER SECTION 10) IS LIMITED TO AND SHALL NOT EXCEED: (I) WITH RESPECT TO NETRATINGS, THE MONIES RECEIVED BY NETRATINGS FROM LICENSEE UNDER THIS AGREEMENT, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORTII) WITH RESPECT TO LICENSEE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM TWO MILLION U.S. DOLLARS (US $2,000,000) PLUS INTEREST DUE UNDER THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE BY LAW. FOR THE AVOIDANCE OF THE SPRINKLR SERVICESDOUBT, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS NOTHING IN THIS SECTION APPLY 6 SHALL BE CONSTRUED TO FEES DUE FOR LIMIT ANY LIABILITY OF LICENSEE RESULTING FROM LICENSEE’S MANUFACTURE, SALE OR USE OF ANY PRODUCTS OR SERVICES OUTSIDE OF THE SPRINKLR SERVICES UNDER THIS AGREEMENTSCOPE OF THE LICENSE GRANTED HEREUNDER. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 (a) EXCEPT WITH RESPECT TO ANY INDEMNIFICATION OBLIGATIONS HEREUNDER FOR THIRD PARTY CLAIMS UNDER SECTION 11.1 OR IN THE EVENT OF GSK'S WILLFUL MISCONDUCT PURSUANT TO SECTION 11.4(B), GSK'S TOTAL, AGGREGATE LIABILITY FOR ALL CLAIMS BETWEEN THE PARTIES (I.E., NOT BASED ON A THIRD PARTY LOSS) ARISING UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED [***] DOLLARS ($[***]). (b) EXCEPT ONLY IN THE EVENT OF GSK'S WILLFUL MISCONDUCT, GSK SHALL HAVE NO LIABILITY FOR ANY CLAIM FOR FAILURE TO SUPPLY OR DELAYED SUPPLY OF ANY PRODUCT, AND PROMETHEUS' EXCLUSIVE REMEDIES FOR FAILURE TO SUPPLY OR DELAYED SUPPLY OF ANY PRODUCT ARE THE DISCOUNT UNDER SECTION 3.7 AND THE RIGHT TO TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS OF SECTION 14.2. (c) EXCEPT WITH RESPECT TO ANY INDEMNIFICATION OBLIGATIONS HEREUNDER FOR THIRD PARTY CLAIMS UNDER SECTION 11.2, PROMETHEUS' TOTAL, AGGREGATE LIABILITY FOR ALL CLAIMS BETWEEN THE PARTIES (I.E., NOT BASED ON A THIRD PARTY LOSS) ARISING UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED [***] DOLLARS ($[***]). *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. (d) IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER, FOR ANY INDIRECT, SPECIALCONSEQUENTIAL, INCIDENTAL, PUNITIVE, LIQUIDATED OR CONSEQUENTIAL INDIRECT DAMAGES IN CONNECTION WITH THIS AGREEMENTOR LOSSES, INCLUDING WITHOUT LIMITATION ANY LOSS OF REVENUE PROFITS, EARNINGS, GOODWILL, SAVINGS OR ANTICIPATED PROFITS BUSINESS SUFFERED BY PROMETHEUS OR LOST BUSINESS OR LOST SALES OR GSK, HOWEVER CAUSED AND ON ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH THEORY OF SECTION 2.8LIABILITY, IN NO EVENT SHALL THE TOTAL LIABILITY REGARDLESS OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES FAILURE OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE ESSENTIAL PURPOSE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES ANY REMEDY AVAILABLE UNDER THIS AGREEMENT. FOR THE AVOIDANCE OF DOUBT, THIS SECTION 11.4(D) DOES NOT LIMIT A PARTY'S RIGHT TO INDEMNIFICATION UNDER SECTION 11.1 OR 11.2 WITH RESPECT TO ANY CONSEQUENTIAL, INCIDENTAL, LIQUIDATED OR INDIRECT DAMAGES OR LOSSES PAID IN RESPECT OF A THIRD PARTY CLAIM. 7.3 Neither party will be liable to the other for any failure to perform(e) NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, or delay in the performance ofTHE PARTIES RIGHTS AND OBLIGATIONS WITH RESPECT TO THIRD PARTY CLAIMS BASED UPON INHERENT CHARACTERISTICS OF THE PRODUCT (E.G., any obligation under this Agreement caused by a Force Majeure EventEFFICACY AND SAFETY) AS APPROVED BY APPLICABLE REGULATORY AUTHORITIES SHALL BE ADDRESSED PURSUANT TO THE ASSET PURCHASE AGREEMENT.

Limitations of Liability. 7.1 IN NO EVENT NEITHER PARTY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS, SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGESINDIRECT, LOSSESINCIDENTAL, AND CAUSES SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LIABILITY (INCLUDING REASONABLE ATTORNEYS’ FEES) THAT RESULT FROM OR ARE RELATED TO THE AGREEMENT OR ANY OF ACTION (THE JAGGAER APPLICATIONS, WHETHER IN CONTRACT OR TORTTORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDINGEVEN IF THE OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITY. IN ANY EVENT, BUT NOT LIMITED TOEXCEPT FOR AMOUNTS OWED TO JAGGAER BY CLIENT AS SET FORTH IN AN ORDER FORM, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS THE AGREEMENT OR AGENCY’S AND/ANOTHER DOCUMENT, THE AGGREGATE LIABILITY OF EITHER PARTY RELATED TO OR AGENCY’S CLIENTS’ USE ARISING OUT OF THE SPRINKLR SERVICESAGREEMENT OR ANY OF THE JAGGAER APPLICATIONS, EXCEEDWHETHER IN CONTRACT, IN TORT OR UNDER ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED THE AGGREGATE, THE TOTAL FEES AMOUNTS RECEIVED BY OR PAYABLE TO SPRINKLR JAGGAER FROM AGENCY UNDER THIS AGREEMENT CLIENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITYSUCH DAMAGES. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY UNDER THIS SECTION SHALL NOT APPLY TO ANY OBLIGATIONS AND THE DISCLAIMERS LIABILITIES ARISING FROM VIOLATIONS BY EITHER PARTY HEREUNDER OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS SECTIONS 3 OR 8 OF THE BARGAIN BETWEEN AGREEMENT, OR ANY INDEMNIFICATION PROVIDED BY JAGGAER UNDER SECTION 7 OF THE PARTIESAGREEMENT. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSEEN AUCUN CAS, EXCEPTÉ POUR LES MONTANTS DUS À JAGGAER PAR LE CLIENT ET DÉTAILLÉS DANS UN FORMULAIRE CONTRACTUEL, DANS LE CONTRAT OU DANS TOUT AUTRE DOCUMENT, LA RESPONSABILITÉ CUMULÉE DE L’UNE OU L’AUTRE PARTIE DÉCOULANT DE OU LIÉE AU CONTRAT OU À UNE QUELCONQUE APPLICATION JAGGAER, AU TITRE DE LA RESPONSABILITÉ CONTRACTUELLE OU EXTRACONTRACTUELLE OU DE TOUTE AUTRE THÉORIE JURIDIQUE, NE DOIT DÉPASSER LES MONTANTS VERSÉS PAR LE CLIENT À JAGGAER XXXXXX XXX DOUZE MOIS PRÉCÉDANT L’ÉVÉNEMENT QUI A ENGENDRÉ LESDITS DOMMAGES. IN NO EVENT SHALL THE LIMITATIONS IN THIS LA LIMITATION DE RESPONSABILITÉ PREVUE PAR CETTE SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTNE S’APPLIQUE PAS AUX OBLIGATIONS ET RESPONSABILITÉS DÉCOULANT DE VIOLATIONS PAR L’UNE OU L’AUTRE PARTIE AUX PREVISIONS DES SECTIONS 3 OU 8 DU CONTRAT, OU À UNE QUELCONQUE INDEMNISATION FOURNIE PAR JAGGAER EN VERTU DE LA SECTION 7 DU CONTRAT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 EXCLUSIVE OF (A) THE INDEMNITIES IN SECTIONS 15 AND 16, (B) THE CONFIDENTIALITY OBLIGATIONS IN SECTION 18, OR (C) LIABILITY DUE TO PERSONAL INJURY OR DEATH CAUSED BY NEGLIGENCE (OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW), XXXXXXXXXXXXXXX.XXX’S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF THE FEES PAID BY CUSTOMER TO XXXXXXXXXXXXXXX.XXX OR ITS AUTHORIZED RESELLER FOR THE TWELVE MONTHS PRECEDING THE RELEVANT ACT OR OMISSION AND, IN THE AGGREGATE, THE TOTAL AMOUNTS PAID BY CUSTOMER UNDER THIS AGREEMENT. EXCEPT FOR A BREACH OF THE CONFIDENTIALITY OBLIGATIONS IN SECTION 18 OR ANY BREACH OF XXXXXXXXXXXXXXX.XXX’S INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVEOR CONSEQUENTIAL DAMAGES, NOR ANY DAMAGES FOR LOSS OF GOODWILL, PROFITS, DATA, (OR USE THEREOF), OR CONSEQUENTIAL BUSINESS INTERRUPTION ARISING OUT OF EITHER PARTY’S ACT OR FAILURE TO ACT, WHETHER SUCH DAMAGES ARE LABELED IN CONNECTION WITH TORT, CONTRACT, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS AGREEMENT, ANY DAMAGES, FINES OR EQUITABLE REMEDIES PAYABLE TO THIRD PARTIES (INCLUDING AMOUNTS DUE UNDER AN INDEMNIFICATION OBLIGATION SET FORTH HEREIN) SHALL BE CONSTRUED AS DIRECT DAMAGES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY EXCLUSIVE REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. The allocations of liability in this Section 17 represent the agreed and bargained for understanding of the parties and each party’s compensation hereunder reflects such allocations. XXXXXXXXXXXXXXX.XXX’S THIRD PARTY SUPPLIERS DISCLAIM ANY AND ALL DIRECT LIABILITY TO CUSTOMER AND ITS AFFILIATES UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE)LIABILITY FOR DIRECT, ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES DATA AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTOTHER SUCH DAMAGES. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY IN THE AGREEMENT APPLY TO THIS ADDENDUM. IN ADDITION: (a) Liability Disclaimers. AWS AND THE DISCLAIMERS ITS AFFILIATES OR LICENSORS WILL NOT BE LIABLE TO CUSTOMER UNDER ANY CAUSE OF WARRANTIES AND DAMAGES SET FORTH HEREINACTION OR THEORY OF LIABILITY, AND THAT THE SAME FORM AN ESSENTIAL BASIS EVEN IF CUSTOMER HAS BEEN ADVISED OF THE BARGAIN BETWEEN POSSIBILITY OF SUCH DAMAGES, FOR ANY DAMAGES ARISING OR RESULTING FROM (I) AWS’ PERFORMANCE OF THE PARTIESINSTRUCTIONS CONTAINED IN A REQUEST FOR CHANGE OR SERVICE REQUEST, (II) ANY USE OF CUSTOMER SOFTWARE BY AWS IN PERFORMING AWS MANAGED SERVICES IN ACCORDANCE WITH THIS ADDENDUM, OR (III) CUSTOMER’S USE OR AWS’S PROVISION OF AWS MANAGED SERVICES FOR UNSUPPORTED CONFIGURATIONS UNDER SECTION 3.9. (b) Damages Cap. THE PARTIES AGREE THAT THE LIMITATIONS AGGREGATE LIABILITY UNDER THIS ADDENDUM OF EITHER PARTY AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED ANY OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL RESPECTIVE AFFILIATES OR LICENSORS WILL NOT EXCEED THE LIMITATIONS AMOUNTS PAID BY CUSTOMER TO AWS UNDER THIS ADDENDUM FOR AWS MANAGED SERVICES DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE; PROVIDED THAT NOTHING IN THIS SECTION APPLY 3.10(b) WILL LIMIT: (I) CUSTOMER’S OBLIGATION TO FEES DUE PAY AWS FOR CUSTOMER’S USE OF AWS MANAGED SERVICES PURSUANT TO SECTION 3.5, OR (II) PAYMENT OBLIGATIONS ARISING UNDER AN INDEMNIFICATION OBLIGATION IN THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 12.1 IN NO EVENT SHALL EITHER PARTY SONY OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECTPROSPECTIVE PROFITS, OR SPECIAL, INCIDENTAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE BREACH OF THIS AGREEMENT BY SCEE), WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. IN NO EVENT SHALL SONY'S LIABILITY ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING LIABILITY FOR DIRECT DAMAGES, AND INCLUDING WITHOUT LIMITATION ANY LIABILITY UNDER CLAUSE 11.1, EXCEED THE PLATFORM CHARGE PAID BY PUBLISHER TO SCEE UNDER CLAUSE 7 WITHIN THE 2 (TWO) YEARS PRIOR TO THE SPRINKLR SERVICES. 7.2 DATE OF THE FIRST OCCURRENCE OF THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY. EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE AS EXPRESSLY SET FORTH HEREIN, NO SONY ENTITY, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR WILLFUL MISCONDUCT; (ii) AGENTS, SHALL BEAR ANY RISK, OR HAVE ANY RESPONSIBILITY OR LIABILITY, OF ANY KIND TO PUBLISHER OR TO ANY THIRD PARTIES WITH RESPECT TO THE PARTIES’ INDEMNIFICATION OBLIGATIONS; FUNCTIONALITY AND/OR (iii) A BREACH PERFORMANCE OF SECTION 2.8, LICENSED PRODUCTS. 12.2 IN NO EVENT SHALL PUBLISHER BE LIABLE TO SCEE FOR PROSPECTIVE PROFITS, OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE TOTAL BREACH OF THIS AGREEMENT BY PUBLISHER), WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES PROVIDED THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE PUBLISHER EXPRESSLY AGREES THAT SUCH LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION NOT APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER DAMAGES RESULTING FROM PUBLISHER'S BREACH OF CLAUSES 2, 3, 4, 9 OR 11.2 OF THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform12.3 SUBJECT AS EXPRESSLY PROVIDED IN CLAUSES 10.1 AND 10.2, or delay in the performance ofNO SONY ENTITY NOR ITS SUPPLIERS MAKE, any obligation under this Agreement caused by a Force Majeure EventNOR DOES PUBLISHER RECEIVE, ANY WARRANTIES (EXPRESS, IMPLIED OR STATUTORY) REGARDING THE SONY MATERIALS AND/OR UNITS OF MANUFACTURED MATERIALS MANUFACTURED HEREUNDER. SONY SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OF, OR INABILITY TO USE, SUCH UNITS OF MANUFACTURED MATERIALS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY WARRANTIES, CONDITIONS OR OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW (INCLUDING AS TO MERCHANTABILITY, SATISFACTORY QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE AND THE EQUIVALENTS THEREOF UNDER THE LAWS OF ANY JURISDICTION) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. HOWEVER, NOTHING IN THIS AGREEMENT SHALL LIMIT SONY'S LIABILITY IN RELATION TO CLAIMS ARISING FROM THE INJURY OR DEATH OF ANY PERSON RESULTING FROM THE PROVEN NEGLIGENCE OF SONY.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER WILL ANY PARTY BE LIABLE TO THE OTHER PARTIES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVEEXEMPLARY, MULTIPLE, CONSEQUENTIAL, OR CONSEQUENTIAL PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION OR FOR ANY LOSS OF REVENUE OR ANTICIPATED INJURY TO A PARTY’S PROFITS OR LOST BUSINESS GOODWILL, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR LOST SALES OTHERWISE), EVEN IF SUCH PARTY WAS ADVISED OR OTHERWISE AWARE OF THE LIKELIHOOD OF SUCH DAMAGES, EXCEPT WITH RESPECT TO CONSEQUENTIAL DAMAGES (WHICH IN NO EVENT WILL INCLUDE ANY OTHER MATTER RELATING PUNITIVE DAMAGES) AWARDED TO A PARTY THAT THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) NON-BREACHING PARTY DEMONSTRATES RESULTED FROM A BREACH OF SECTION 2.811.1 (CONFIDENTIALITY; EXCEPTIONS), OR SECTION 11.2 (AUTHORIZED DISCLOSURE). NOTHING IN NO EVENT SHALL THIS SECTION 14.1 (LIMITATIONS OF LIABILITY) IS INTENDED TO LIMIT OR RESTRICT THE TOTAL LIABILITY INDEMNIFICATION RIGHTS OR OBLIGATIONS OF ONE EITHER PARTY UNDER ARTICLE 13 (INDEMNIFICATION) WITH RESPECT TO ANY DAMAGES PAID BY THE OTHER PARTY FOR TO A THIRD PARTY IN CONNECTION WITH A THIRD PARTY CLAIM. NOTWITHSTANDING THE FOREGOING, CANPROBE’S LIABILITY TO ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY PARTY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITYSHALL BE CAPPED AT CANPROBE’S LEVEL OF AVAILABLE INSURANCE. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to The Parties acknowledge that this Section 14.1 reflects the other for any failure to perform, or delay allocation of risk set forth in the performance of, any obligation under this Agreement caused by a Force Majeure Eventand that CanProbe would not enter into this Agreement on the terms hereof without these limitations on its liability.

Limitations of Liability. 7.1 IN NO EVENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER PARTY SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES FOR ANY (A) COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS OR SERVICES, OR COST OF REPLACEMENT OR RESTORATION OF ANY CUSTOMER DATA, (B) ECONOMIC LOSSES, EXPECTED OR LOST PROFITS, REVENUE, OR ANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF CONTRACTS, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, AND/OR (C) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH LOSS OR DAMAGE, WHETHER ARISING OUT OF PERFORMANCE OR BREACH OF THIS AGREEMENTAGREEMENT OR THE USE OR INABILITY TO USE THE PALANTIR TECHNOLOGY, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING EVEN IF THE PARTY HAS BEEN ADVISED AS TO THE SPRINKLR SERVICES. 7.2 POSSIBILITY OF SUCH LOSS OR DAMAGES. EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OBLIGATIONS SET FORTH IN SECTIONS 5 AND 9.2 OF SECTION 2.8THIS AGREEMENT AND CUSTOMER’S PAYMENT OBLIGATIONS HEREUNDER, IN NO EVENT SHALL TO THE TOTAL MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY AGREES THAT THE MAXIMUM AGGREGATE LIABILITY OF ONE EITHER PARTY AND ITS AFFILIATES TO THE OTHER PARTY AND ITS AFFILIATES FOR ALL CLAIMS OF ANY AND ALL DAMAGES, LOSSES, AND CAUSES KIND SHALL NOT EXCEED THE GREATER OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF A) THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY PAID OR PAYABLE TO SPRINKLR FROM AGENCY PALANTIR BY CUSTOMER UNDER THIS AGREEMENT THE APPLICABLE ORDER FORM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING CLAIM FOR THE SERVICE OR PROFESSIONAL SERVICES THAT GAVE RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREINSUCH CLAIM OR B) ONE HUNDRED THOUSAND DOLLARS (USD 100,000), AND THAT SUCH REMEDY IS FAIR AND ADEQUATE. NOTWITHSTANDING THE SAME FOREGOING SENTENCE, IF NO FEES ARE PAYABLE BY CUSTOMER UNDER AN APPLICABLE ORDER FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN DURING SUCH APPLICABLE ORDER TERM, EXCEPT FOR THE PARTIES’ OBLIGATIONS SET FORTH IN SECTIONS 5 AND 9.2 OF THIS AGREEMENT AND CUSTOMER’S PAYMENT OBLIGATIONS HEREUNDER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY AGREES THAT THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY AND ITS AFFILIATES TO THE OTHER PARTY AND ITS AFFILIATES FOR ALL CLAIMS OF ANY KIND ARISING OUT OF SUCH ORDER FORM SHALL NOT EXCEED FIFTY THOUSAND DOLLARS (USD 50,000), AND THAT SUCH REMEDY IS FAIR AND ADEQUATE. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS SET FORTH IN THIS SECTION 12 SHALL APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTREGARDLESS OF WHETHER AN ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT 13.1 AFFIRMTRUST, AFFIRMTRUST GROUP AFFILIATES, ANY RESELLERS, CO- MARKETERS, SUBCONTRACTORS, DISTRIBUTORS, AGENTS, SUPPLIERS, AND EMPLOYEES AND DIRECTORS OF ANY OF THE FOREGOING (COLLECTIVELY, “AFFIRMTRUST AND ITS ENTITIES”) SHALL EITHER PARTY NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY OR IN ANY OTHER WAY (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR: (I) ANY ECONOMIC LOSS (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS); (II) TO THE EXTENT ALLOWED BY APPLICABLE LAW, ANY LOSS OR DAMAGE RESULTING FROM DEATH OR INJURY OF SUBSCRIBER AND/OR ANY RELYING PARTY OR ANYONE ELSE; (III) ANY LOSS OF GOODWILL OR REPUTATION; (IV) ANY OTHER INDIRECT, CONSEQUENTIAL, INCIDENTAL, MULTIPLE, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY DAMAGES, OR (V) ANY LOSS OR CONSEQUENTIAL DAMAGE THAT IS NOT DIRECTLY ATTRIBUTABLE TO THE USE OR RELIANCE ON A CERTIFICATE OR SERVICE PROVIDED UNDER THIS CPS INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE RESULTING FROM THE COMBINATION OR INTEGRATION OF THE CERTIFICATE OR SERVICE WITH ANY SOFTWARE OR HARDWARE NOT PROVIDED BY AFFIRMTRUST IF THE LOSS OR DAMAGE WOULD NOT HAVE OCCURRED AS A RESULT OF USE OF THE CERTIFICATE ALONE. IN ANY CASE WHETHER OR NOT SUCH LOSSES OR DAMAGES IN CONNECTION WITH WERE WITHIN THE CONTEMPLATION OF THE PARTIES AT THE TIME OF THE APPLICATION FOR, INSTALLATION OF, USE OF OR RELIANCE ON THE CERTIFICATE, OR AROSE OUT OF ANY OTHER MATTER OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY SUPPORT SERVICES) UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE THE APPLICABLE CPS OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING WITH REGARD TO THE SPRINKLR SERVICESUSE OF OR RELIANCE ON THE CERTIFICATE. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, 13.2 IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF ONE AFFIRMTRUST AND ITS ENTITIES TO ANY APPLICANT, SUBSCRIBER, RELYING PARTY OR ANY OTHER PERSON, ENTITY, OR ORGANIZATION ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE OTHER PARTY FOR ANY CPS AND ALL DAMAGESCERTIFICATES ISSUED (INCLUDING WITHOUT LIMITATION, LOSSESTHE INSTALLATION OF, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY RELIANCE UPON A CERTIFICATE) AND SERVICES PROVIDED UNDER THIS AGREEMENT UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAY, EXCEED THE TWELVE (12) AMOUNT PAID TO AFFIRMTRUST FOR THE SERVICES UNDER THIS AGREEMENT OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT EVENTS GIVING RISE TO THE LIABILITYCLAIM, UP TO A MAXIMUM OF TEN THOUSAND U.S. DOLLARS (US$10,000.00) (EXCEPT THAT FOR ANY EXTENDED VALIDATION (EV) CERTIFICATES ISSUED UNDER THIS AGREEMENT, AFFIRMTRUST AND ITS ENTITIES’ AGGREGATE LIABLIITY IS LIMITED TO TWO THOUSAND U.S. DOLLARS (US$2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE, UP TO A MAXIMUM OF FIFTY THOUSAND U.S. DOLLARS (US$50,000.00)). 13.3 BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO A SUBSCRIBER AND/OR A RELYING PARTY BUT SHALL BE GIVEN EFFECT TO THE FULL EXTENT PERMITTED BY LAW. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE FOREGOING LIMITATIONS OF LIABILITY AND SHALL APPLY ON A CERTIFICATE-BY-CERTIFICATE BASIS, REGARDLESS OF THE DISCLAIMERS NUMBER OF WARRANTIES AND DAMAGES SET FORTH HEREINTRANSACTIONS OR CLAIMS RELATED TO EACH CERTIFICATE, AND THAT SHALL BE APPORTIONED FIRST TO THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIESEARLIER CLAIMS TO ACHIEVE FINAL RESOLUTION. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party In no event will AffirmTrust or AffirmTrust Group Affiliates be liable for any damages to Applicants, Subscribers, Relying Parties or any other person, entity or organization arising out of or related to the other for any failure to performuse or misuse of, or delay in the performance of, reliance on any obligation Certificate issued under this Agreement caused or the CPS that: (i) has expired or been revoked; (ii) has been used for any purpose other than as set forth in this Agreement or the CPS; (iii) has been tampered with; (iv) with respect to which the Key Pair underlying such Certificate or the cryptography algorithm used to generate such Certificate's Key Pair, has been Compromised by a Force Majeure Event.the action of any party other than AffirmTrust or AffirmTrust Group Affiliates (including without limitation the Subscriber or Relying Party); or

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES.MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN: 7.2 (a) EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; FOR AMOUNTS PAYABLE PURSUANT TO SECTIONS 10(a)(ii) AND 10(b)(ii) ABOVE, AND (ii) TO THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) EXTENT ARISING FROM A BREACH OF SECTION 2.88 OR 9 ABOVE, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE WILL EITHER PARTY (OR ITS AFFILIATES) BE LIABLE TO THE OTHER PARTY FOR ANY AND ALL CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, LOSSESINCLUDING (WITHOUT LIMITATION) DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OF PROFIT, LOSS OF DATA, INTERRUPTION OF SERVICE, OR LOSS OF BUSINESS OR ANTICIPATORY PROFITS, EVEN IF THAT PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES. (b) IN NO EVENT WILL ENVESTNET BE LIABLE TO NATIONAL OR ITS AGENTS FOR ANY DAMAGES ARISING OUT OF (i) SECURITIES BROKERAGE ACTIVITIES OR INVESTMENT ADVISORY ACTIVITIES OF NATIONAL OR ITS AGENTS; (ii) THE INVESTMENT ADVISORY ACTIVITIES OF ENVESTNET’S MONEY MANAGERS AND CAUSES ANY DAMAGES RESULTING THEREFROM UNLESS ENVESTNET WAS NEGLIGENT IN THE SELECTION OR OVERSIGHT OF ACTION SUCH MONEY MANAGERS; (WHETHER IN CONTRACT iii) IMPROPER DISTRIBUTION OR TORTUSE OF NATIONAL’S PASSWORDS BY NATIONAL, INCLUDINGITS AGENTS, BUT NOT LIMITED TO, ANY ADVISOR OR CLIENTS; OR (iv) ANY LOSS INCURRED WITH RESPECT TO ANY CLIENT’S ACCOUNT DUE TO PERFORMANCE OR INVESTMENT RESULTS EXCEPT WHERE SUCH LOSS RESULTS DIRECTLY FROM NEGLIGENCE OR OTHERWISE)WILLFUL MISCONDUCT OF ENVESTNET OR ITS AGENTS. (c) ENVESTNET ASSUMES NO LIABILITY FOR THE DELAY, ARISING FROM THIS AGREEMENT FAILURE, INTERRUPTION, LOSS, OR AGENCY’S AND/CORRUPTION OF ANY DATA OR AGENCY’S CLIENTS’ OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SPRINKLR SERVICESENVESTNET TECHNOLOGY PROVIDED THAT SUCH DELAY, EXCEEDFAILURE, INTERRUPTION, LOSS, OR CORRUPTION WAS NOT IN ANY MATERIAL RESPECT DUE TO ENVESTNET’S ACT AND PROVIDED FURTHER THAT ENVESTNET HAS COMPLIED WITH ITS OBLIGATIONS SET FORTH IN SECTION 13(G) BELOW. NATIONAL ACKNOWLEDGES THAT THE ENVESTNET TECHNOLOGY TRANSMITS INFORMATION OVER LOCAL EXCHANGE, INTEREXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL OF ENVESTNET. IN THE AGGREGATEEVENT OF A DELAY, FAILURE, INTERRUPTION, LOSS OR CORRUPTION OF DATA, ENVESTNET WILL WORK WITH THE TOTAL FEES RECEIVED BY OR PAYABLE APPROPRIATE THIRD PARTY TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN RESTORE THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTAS PROMPTLY AS POSSIBLE. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 9.1 EXCEPT FOR LIABILITY ARISING FROM A WILLFUL OR INTENTIONAL BREACH OF SECTION 11 (CONFIDENTIALITY) OR FROM A BREACH OF SECTION 12 (PROPRIETARY RIGHTS), IN NO EVENT SHALL WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECTLOSS OF DATA, LOSS OF BUSINESS OR PROFITS, OR ANY OTHER SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY SORT, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT. 9.2 COMPANY’S AGGREGATE LIABILITY TO CUSTOMER ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION LOSS OF REVENUE NEGLIGENCE) OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8OTHERWISE, SHALL IN NO EVENT SHALL EXCEED THE TOTAL LIABILITY OF ONE PARTY SUBSCRIPTION FEES ACTUALLY PAID BY CUSTOMER TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY COMPANY UNDER THIS AGREEMENT IN DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO DATE ON WHICH THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON APPLICABLE CLAIM OCCURRED. 9.3 THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND DAMAGE EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED CONTAINED IN THIS AGREEMENT WILL SURVIVE APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS (OR LACK THEREOF) OF ANY REMEDIES PROVIDED HEREIN. THESE LIMITATIONS AND APPLY EVEN IF FOUND TO HAVE FAILED EXCLUSIONS ARE REFLECTED IN THE PRICING OF THEIR THE SUBSCRIPTION SERVICES AND SUPPORT SERVICES, AND THEY REPRESENT AN AGREED ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE AN ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER PART OF THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform9.4 EACH PARTY SHALL TAKE, or delay in the performance ofAND CAUSE ITS AFFILIATES TO TAKE, any obligation under this Agreement caused by a Force Majeure EventALL REASONABLE STEPS TO MITIGATE ANY DAMAGES UPON BECOMING AWARE OF ANY EVENT OR CIRCUMSTANCE THAT WOULD BE REASONABLY EXPECTED TO, OR DOES, GIVE RISE TO AN INDEMNIFICATION CLAIM OR OTHER DAMAGES CLAIM ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT. 9.5 ANY ACTION BY EITHER PARTY RELATED TO AN ACTUAL OR ALLEGED BREACH OF THIS AGREEMENT BY THE OTHER PARTY, OTHER THAN A WILLFUL OR INTENTIONAL BREACH OF SECTION 11 (CONFIDENTIALITY) OR A BREACH OF SECTION 12 (PROPRIETARY RIGHTS), MUST BE COMMENCED WITHIN ONE YEAR AFTER THE DATE ON WHICH THE BREACH IS DISCOVERED. ANY ACTION NOT BROUGHT WITHIN THAT TWO-YEAR PERIOD SHALL BE BARRED, WITHOUT REGARD TO ANY LONGER LIMITATIONS PERIOD SET FORTH IN ANY APPLICABLE LAW OR STATUTE.

Limitations of Liability. 7.1 6.1. IN NO EVENT SHALL EITHER PARTY WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVECONSEQUENTIAL OR SPECIAL DAMAGES, OR CONSEQUENTIAL FOR LOSS OF PROFITS OR DAMAGES ARISING DUE TO BUSINESS INTERRUPTION OR FROM LOSS OR INACCURACY OF INFORMATION, INCLUDING IF AND TO THE EXTENT ANY OF THE FOREGOING ARISES IN CONNECTION WITH THIS AGREEMENTAGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF US TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, EXCEED THE TOTAL FEES PAID TO US BY YOU, IF ANY, DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF ANY CLAIM (OR $10 IF THE SERVICES ARE FREE). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SERVICE TO YOU AND WE WOULD NOT PROVIDE THE SERVICE TO YOU WITHOUT THIS LIMITATION. 6.2. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR AFFILIATED COMPANIES, AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, CLAIMS, JUDGMENTS, COSTS, EXPENSES AND LIABILITIES, INCLUDING REASONABLE ATTORNEYS' FEES, INCURRED BY US OR SUCH PARTIES AND/OR ARISING OUT OF OR RESULTING FROM (1) ANY ACTUAL OR ALLEGED VIOLATION BY YOU OF THIS AGREEMENT (INCLUDING ANY REPRESENTATION OR WARRANTY HEREIN); (2) ANY ACTIVITY RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE WITH YOUR PASSWORD; (3) YOUR USE OF AND ACCESS TO THE SERVICES; (4) YOUR ACTUAL OR ALLEGED VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE ANY COPYRIGHT, PROPERTY OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCTPRIVACY RIGHT; (ii5) THE PARTIES’ INDEMNIFICATION OBLIGATIONSYOUR ACTUAL OR ALLEGED VIOLATION OF ANY LAW, RULE OR REGULATION; AND/OR (iii6) YOUR CONTENT OR DATA, INCLUDING IF IT CAUSES ANY DAMAGE TO A BREACH OF SECTION 2.8THIRD PARTY. YOUR DEFENSE, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY INDEMNIFICATION AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED HOLD HARMLESS OBLIGATIONS IN THIS AGREEMENT WILL SURVIVE THIS AGREEMENT AND APPLY EVEN IF FOUND TO HAVE FAILED YOUR USE OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTSERVICES. 7.3 Neither party will be liable 6.3. You acknowledge that the information on the Website and other Services is provided 'as is' for general information only. If you use the Services to the other provide any services in any heavily regulated industry, such as, without limitation, medical, legal, tax or financial services or advice, you are fully responsible for all such services, and represent and warrant that you are appropriately qualified and certified to do so, possessing all necessary licenses and permits to do so. You indemnify us for any failure by you or your agents to performdo so and/or to follow any applicable laws, rules and regulations. You may use the Services for informational purposes only, as an aid, but only as one information source among many, and not as the sole basis for making any decisions; you must conduct proper due diligence and use your own judgment when making any decisions based on any information, analytics or reports derived from the Services. 6.4. We will not be liable for any circumstances arising out of causes beyond our reasonable control or without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, earthquakes, floods, Internet disruptions, pandemics, hacker attacks, critical third party service failure, communications failures, or delay in other force majeure. 6.5. If we breach this Agreement, you agree that your exclusive remedy is to recover, from us or any affiliates, resellers, distributors, and vendors, direct damages up to an amount equal to your Services fee for one month (or up to USD$10.00 if the performance ofServices are free). YOU CAN'T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. These limitations and exclusions apply if this remedy doesn't fully compensate you for any obligation under losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to this Agreement caused by a Force Majeure Eventsuch as, without limitation, loss of content; any virus affecting your use of the Services; delays or failures in starting or completing transmissions or transactions; claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, misrepresentation, or omission; trespass, or other tort; violation of statute or regulation; or unjust enrichment. Some or all of these limitations or exclusions may not apply to you if your state, province, or country doesn't allow the exclusion or limitation of incidental, consequential, or other damages.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 (a) EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF NEUROBO’S OBLIGATIONS UNDER SECTION 2.8‎4 AND A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION ‎12, IN NO EVENT SHALL WILL ANY Party be liable for any consequential, SPECIAL, or PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR BUSINESS INTERRUPTION ARISING FROM OR RELATING TO THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF THE TOTAL LIABILITY PARTY HAS BEEN ADVISED OF ONE PARTY THE POSSIBILITY OF SUCH DAMAGES OR OTHER TYPE OF LOSS. (b) EXCEPT FOR A BREACH OF NEUROBO’S OBLIGATIONS UNDER SECTION ‎4 AND A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION ‎12, TO THE OTHER PARTY FOR ANY AND ALL DAMAGESMAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCYEACH PARTY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY ENTIRE AGGREGATE LIABILITY UNDER THIS AGREEMENT IN SHALL NOT EXCEED THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREINAGGREGATE AMOUNT PAID, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES PAYABLE, DUE FOR THE SPRINKLR SERVICES OR OWING UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform(c) EACH PARTY ACKNOWLEDGES THAT THE LIMITATIONS OF SECTION ‎13 REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT NEITHER PARTY WOULD ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS RESPECTIVE LIABILITY, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure EventAND EACH PARTY AGREES THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER a. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVEOR PUNITIVE DAMAGES, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION FOR ANY LOSS OF REVENUE PROFITS, BUSINESS OPPORTUNITY, REVENUE, DATA OR ANTICIPATED PROFITS GOODWILL, OR LOST BUSINESS COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR LOST SALES SERVICES, WHETHER OR NOT SUCH PARTY WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICESLIMITED REMEDY STATED HEREIN. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE b. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER DAMAGES IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE EXCESS OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY GREATER OF: (1) AMOUNTS PAID OR PAYABLE BY PARTICIPANT TO SPRINKLR FROM AGENCY GE UNDER THIS AGREEMENT AGREEMENT, OR (2) AMOUNTS PAID OR PAYABLE BY GE TO PARTICIPANT UNDER THIS AGREEMENT, WHICH IN EACH CASE WERE MADE WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES THIS SECTION 9(b) APPLIES REGARDLESS OF HOW THE LIABILITY AROSE OR THE THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY, NEGLIGENCE AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON MISREPRESENTATION). c. NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION 9 DO NOT APPLY IN THE CASE OF: (A) AN INFRINGEMENT OR MISAPPROPRIATION BY A PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (B) A BREACH OF SECTION 11 (“CONFIDENTIAL INFORMATION”), (C) EITHER PARTY’S OBLIGATION UNDER SECTION 12 (“INDEMNIFICATION”), OR (D) ANY LIMITATION OR EXCLUSION, TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTEXTENT NOT PERMITTED BY APPLICABLE LAW. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT6.1. THE DATTO PRODUCT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE ANY THIRD PARTY COMPONENTS OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TECHNOLOGY, ARE PROVIDED “AS IS.” TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR DATTO DISCLAIMS ANY AND ALL DAMAGESPROMISES, LOSSESREPRESENTATIONS AND WARRANTIES, AND CAUSES OF ACTION (WHETHER IN CONTRACT EITHER EXPRESS OR TORTIMPLIED, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE)THE IMPLIED WARRANTIES OF MERCHANTABILITY, ARISING FROM THIS AGREEMENT OR AGENCY’S FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY, DATA SECURITY, QUIET ENJOYMENT, TITLE, AND/OR AGENCYNON-INFRINGEMENT OR ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. XXXXX DOES NOT WARRANT THAT THE PRODUCT WILL MEET ANY SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF ANY PRODUCT WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. 6.2. DATTO MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCT’S CLIENTS’ COMPLIANCE WITH LAWS AND REGULATIONS SPECIFICALLY APPLICABLE TO ANY USER OR INDUSTRY AND DISCLAIMS ALL LIABILITY ASSOCIATED THEREWITH. 6.3. THE PRODUCT MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER RISKS INHERENT IN THE USE OF THE SPRINKLR SERVICESINTERNET AND ELECTRONIC COMMUNICATIONS. XXXXX IS NOT RESPONSIBLE FOR ANY DELAYS, EXCEEDDELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. 6.4. XXXXX DISCLAIMS ANY DUTIES OF A BAILEE, AND YOU HEREBY WAIVE ALL RIGHTS AND REMEDIES OF A XXXXXX (ARISING UNDER COMMON LAW OR STATUTE), RELATED TO OR ARISING OUT OF ANY POSSESSION, STORAGE, TRANSMISSION OR SHIPMENT OF CONTENT BY OR ON BEHALF OF XXXXX. 6.5. TO THE FULLEST EXTENT ALLOWED BY LAW, IN THE AGGREGATENO EVENT WILL DATTO OR ANY DATTO LICENSOR OR SUPPLIER BE LIABLE FOR ANY DIRECT, THE TOTAL FEES RECEIVED BY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND PUNITIVE DAMAGES SET FORTH HEREINOR COSTS, AND THAT THE SAME FORM AN ESSENTIAL BASIS REGARDLESS OF THE BARGAIN BETWEEN NATURE OF THE PARTIES. CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUES, COSTS OF DELAY, FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR THE PARTIES AGREE THAT COST OF RECREATING THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY SAME, EVEN IF FOUND TO HAVE FAILED DATTO HAS BEEN ADVISED OF THEIR ESSENTIAL PURPOSETHE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE WILL DATTO BE LIABLE FOR THE SPRINKLR PROCUREMENT OF SUBSTITUTE SERVICES UNDER THIS AGREEMENTOR PRODUCTS. 7.3 Neither party 6.6. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XXXXX, ANY RESELLER, ADMINISTRATOR OR OTHER PARTY WILL CREATE ANY ADDITIONAL DATTO WARRANTIES, ABROGATE THE DISCLAIMERS SET FORTH ABOVE OR IN ANY WAY INCREASE THE SCOPE OF DATTO’S OBLIGATIONS HEREUNDER. EXHIBIT A to Content Owner Terms TERMS AND CONDITIONS REGARDINIG USE OF STORAGECRAFT SOFTWARE: This document concerns your use of StorageCraft Technology ("StorageCraft") software provide to you by (hereinafter referred to as "Company"). Company will be liable provide software services to you as described below, which may include associated media, printed materials, and "online" or electronic documentation, including certain StorageCraft software products that it offers on an MSP basis, including without limitation ShadowSnap® (individually and collectively, the "Licensed Software"). Company does not own the Licensed Software and its use is subject to certain rights and limitations of which Company needs to inform you. Your right to use the Licensed Software is subject to your customer service agreement ("agreement") with Company and your compliance with and consent to the other for any failure following terms and conditions, which Company does not have authority to perform, alter or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Eventamend.

Limitations of Liability. 7.1 (a) DisclaimerofIndirectDamages. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN NO EVENT SHALL EITHER PARTY THIS AGREEMENT, XXXXXX WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE SUBSCRIBER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL EXEMPLARY DAMAGES IN CONNECTION WITH ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO LOST PROFITS OR LOSS OF REVENUE BUSINESS, EVEN IF TORTUS IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. NOTHING IN THIS AGREEMENT SHALL LIMIT OR ANTICIPATED PROFITS EXCLUDE THE LIABILITY OF EITHER PARTY FOR (I) DEATH OR LOST BUSINESS PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR LOST SALES THE NEGLIGENCE OF ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS, (II) FRAUD OR FRAUDULENT MISREPRESENTATION, OR (III) ANY OTHER MATTER RELATING IN RESPECT OF WHICH IT WOULD BE UNLAWFUL TO THE SPRINKLR SERVICESEXCLUDE OR RESTRICT LIABILITY. 7.2 EXCEPT FOR (ib) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIESCap on Liability. UNDER NO CIRCUMSTANCES WILL XXXXXX’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE OTHER PARTY FOR FORUM AND REGARDLESS OF WHETHER ANY AND ALL DAMAGESACTION OR CLAIM IS BASED ON CONTRACT, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, EXCEED THE TOTAL FEES RECEIVED AMOUNT PAID BY OR PAYABLE SUBSCRIBER TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN TORTUS DURING THE TWELVE (12) SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE CLAIM (DETERMINED AS OF THE DATE OF ANY FINAL JUDGMENT IN AN ACTION). (c) Independent Allocations of Risk. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY XXXXXX TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES SUBSCRIBER AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS EACH OF THESE PROVISIONS IS SEVERABLE AND EXCLUSIONS INDEPENDENT OF LIABILITY AND DISCLAIMERS SPECIFIED IN ALL OTHER PROVISIONS OF THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSEAGREEMENT. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION 12 WILL APPLY TO FEES DUE FOR NOTWITHSTANDING THE SPRINKLR SERVICES UNDER FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER 10.1 NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTOF ANY KIND OR NATURE, INCLUDING INCLUDING, WITHOUT LIMITATION LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF REVENUE PROFIT, REVENUE, DATA, CUSTOMERS, OR ANTICIPATED PROFITS GOODWILL, OR LOST BUSINESS CLIENT TECHNOLOGY DAMAGE, FAILURE OR LOST SALES MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES.OTHER 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, 10.2 IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY CLIENT’S RECOVERY FROM WINMILL FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION CLAIM EXCEED (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF I) THE SPRINKLR SERVICES, EXCEED, IN PURCHASE PRICE PAID FOR THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT PRODUCT GIVING RISE TO THE LIABILITYCLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. AGENCY ACKNOWLEDGES THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREINTHIS AGREEMENT, AND THAT THE SAME FORM AN ESSENTIAL BASIS PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTLIMITATIONS. 7.3 Neither party will be liable to the other for any failure to perform, or delay in 10.3 No action arising out of the performance of, of any obligation under Services pursuant to this Agreement caused may be brought by a Force Majeure Eventeither party more than two (2) years after such cause of action accrues, except that an action for nonpayment may be brought within two (2) years of the date of the last payment.

Limitations of Liability. 7.1 IN 8.1 BETACOM ASSUMES NO EVENT SHALL EITHER PARTY BE LIABLE LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVEDAMAGE TO, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTLOSS OF, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY EQUIPMENT THAT IS INSTALLED AT THE CUSTOMER LOCATION RESULTING FROM ANY CAUSE OTHER MATTER RELATING TO THAN THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH MISCONDUCT OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY BETACOM. TO THE OTHER PARTY EXTENT BETACOM IS LIABLE FOR ANY DAMAGE TO, OR LOSS OF, EQUIPMENT FOR ANY REASON, SUCH LIABILITY WILL BE LIMITED SOLELY TO THE REPLACEMENT VALUE OF THE EQUIPMENT, EXCLUDING LOST DATA , SOFTWARE AND ALL DAMAGES, LOSSES, AND CAUSES FIRMWARE. 8.2 BETACOM DOES NOT UNDERTAKE TO PERFORM ANY REGULATORY OR CONTRACTUAL OBLIGATION OF ACTION (WHETHER IN CONTRACT THE CUSTOMER OR TORTTO ASSUME ANY RESPONSIBILITY FOR THE CUSTOMER’S BUSINESS OR OPERATIONS. 8.3 BETACOM SHALL HAVE NO LIABILITY ARISING FROM OR RELATING TO ANY CUSTOMER EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, THE SELECTION THEREOF OR FAILURE OF SUCH CUSTOMER EQUIPMENT TO PERFORM IN ACCORDANCE WITH SPECIFICATIONS OR ANY DEFECTS THEREIN. RESPONSIBILITY FOR THE SELECTION OF CUSTOMER EQUIPMENT, AND ANY PERFORMANCE OR FUNCTIONALITY ISSUES, OR DEFECTS THEREIN, SHALL LIE SOLELY WITH THE MANUFACTURER(S) OR SUPPLIER(S) THEREOF. 8.4 EXCEPT FOR A PARTY’S GROSS NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEEDWILLFUL MISCONDUCT, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE AGGREGATE, THE TOTAL FEES RECEIVED BY OTHER PARTY UNDER ANY CLAIM OR PAYABLE TO SPRINKLR FROM AGENCY CIRCUMSTANCE (INCLUDING WITHOUT LIMITATION ANY CIRCUMSTANCE INVOLVING A FINDING THAT A WARRANTY OR REMEDY UNDER THIS AGREEMENT HAS FAILED OF ITS ESSENTIAL PURPOSE), WHETHER THE CLAIM SOUNDS IN CONTRACT, TORT, OR OTHER LEGAL THEORY, FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS OR REVENUE, LOST SALES, LOST GOODWILL, OR LOSS OF USE OF A PRODUCT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE TWELVE POSSIBILITY OF SUCH DAMAGES. 8.5 BETACOM SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR: (12I) MONTHS IMMEDIATELY PRECEDING ANY DAMAGE THAT CUSTOMER OR ANY USER MAY SUFFER ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE PRIVATE NETWORK UNLESS SUCH DAMAGE IS CAUSED BY AN INTENTIONAL OR A GROSSLY NEGLIGENT ACT OF BETACOM; (II) ANY LOSS OF DATA OR THE INACCURACY OF DATA; (III) THE CONTENT OF INFORMATION OR DATA PROVIDED OR TRANSMITTED BY CUSTOMER OR ANY USER; (IV) DAMAGES RESULTING FROM DELAYS DUE TO A FORCE MAJEURE EVENT GIVING RISE AS DESCRIBED HEREIN; (V) SERVICE IMPAIRMENTS CAUSED BY ACTS WITHIN THE CONTROL OF CUSTOMER, ITS EMPLOYEES, AGENTS, SERVANTS, OR SUBCONTRACTORS; (VI) INTEROPERABILITY OF SPECIFIC CUSTOMER APPLICATIONS; (VII) CUSTOMER’S INABILITY TO ACCESS OR INTERACT WITH OTHERS THROUGH THE LIABILITYPRIVATE NETWORK; OR (VIII) PERFORMANCE IMPAIRMENTS CAUSED CUSTOMER OR THIRD PARTIES. 8.6 Customer’s Private Network may have potential security vulnerabilities, even with the 5GaaS Services, including, but not limited to, the vulnerability of the system to (a) access from persons within Customer’s organization which exceeds the authority granted to such persons; (b) snooper attacks by persons on a LAN to obtain and then misuse passwords and access codes and other data; (c) physical access to equipment at Customer sites; (d) physical access to passwords and access codes or tokens and other data written on paper or other substance or stored on magnetic media or in some other way. AGENCY This section is not intended to be an exhaustive list of possible bad acts of third parties, but merely examples of possibilities. Consequently, the 5GaaS Services should be regarded as one tool which can be used as part of Customer’s overall security strategy, but not as a total solution. Betacom does not guarantee that the 5GaaS Services will eliminate all risk or prevent all damage from one or more network or system security breaches. 8.7 BY REASON OF THIS DISCLAIMER, CUSTOMER ACKNOWLEDGES AND AGREES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO IF CUSTOMER IS DISSATISFIED WITH THE 5GAAS SERVICES PROVIDED HEREUNDER CUSTOMER’S SOLE REMEDY IS TO TERMINATE THIS AGREEMENT IN RELIANCE UPON ACCORDANCE WITH ITS TERMS. NOTWITHSTANDING ANYTHING CONTAINED HEREIN OR ELSEWHERE, ANY RECOVERY OR DAMAGES AWARD TO WHICH CUSTOMER IS ENTITLED BY LAW SHALL NOT EXCEED AN AMOUNT EQUAL TO ONE TWELFTH OF THE LIMITATIONS MOST RECENTLY PAID ANNUAL MANAGED SERVICES FEE. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT. THE DISCLAIMERS PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITED WARRANTY AND LIMITATION OF WARRANTIES AND DAMAGES SET FORTH HEREINLIABILITY ARE ESSENTIAL ELEMENTS OF THIS AGREEMENT, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE SHALL NOT BE MODIFIED EXCEPT BY EXPRESS WRITTEN AGREEMENT SIGNED BY BOTH PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS FOR PURPOSES OF THIS SECTION, "BETACOM" IS DEEMED TO INCLUDE ITS SUBCONTRACTORS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTSUPPLIERS. 7.3 Neither party 8.8 Customer acknowledges that the limited warranty and limitation of liability were considered by Betacom in establishing the prices and rates charged to Customer, which, but for these limitations, would have been higher. The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed of their essential purpose. 8.9 All claims hereunder must be liable brought within one (1) year of the date of the occurrence of the event giving rise to the other for any failure to performsuch claim, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Eventsuch claim or cause of action is barred.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY XXXXXXXXX.XXX, LLC BE LIABLE TO CLIENT, USERS OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, PUNITIVE OR CONSEQUENTIAL NONCONTRACTUAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS PROFITS ARISING OUT OF OR LOST SALES RELATED TO THIS AGREEMENT OR ANY OTHER MATTER RELATING SERVICES, . XXXXXXXXX.XXX, LLC’S LIABILITY, IF ANY, TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE CLIENT OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, TO ANY THIRD PARTY HEREUNDER SHALL IN NO EVENT SHALL EXCEED THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGESAFTER TAX PROFITS EARNED BY XXXXXXXXX.XXX, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY LLC UNDER THIS AGREEMENT IN THE LAST TWELVE (12) MONTHS IMMEDIATELY PRECEDING MONTHS. THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES PARTIES ACKNOWLEDGE THAT SPRINKLR XXXXXXXXX.XXX, LLC HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS LIMITATION AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL XXXXXXXXX.XXX, LLC BE LIABLE FOR FAILURE OR DELAY IN PERFORMING ITS OBLIGATIONS HEREUNDER IF SUCH FAILURE OR DELAY IS DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF ANY GOVERNMENTAL BODY, WAR, INSURRECTION, SABOTAGE, EMBARGO, FIRE, FLOOD, STRIKE OR OTHER LABOR DISTURBANCE, INTERRUPTION OF OR DELAY IN TRANSPORTATION, UNAVAILABILITY OF OR DELAY IN TELECOMMUNICATIONS OR THIRD PARTY SERVICES, FAILURE OF THIRD PARTY SOFTWARE OR INABILITY TO OBTAIN RAW MATERIALS, SUPPLIES, OR POWER USED IN OR EQUIPMENT NEEDED FOR PROVISION OF THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTSERVICES. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 13.1 EXCEPT AS PROVIDED IN NO EVENT SHALL EITHER PARTY THIS SECTION 13, NEITHER SDAD NOR CT WILL BE LIABLE OR OBLIGATED IN ANY MANNER FOR ANY SPECIAL, INDIRECT, SPECIALINCIDENTAL, INCIDENTALEXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR UNDER ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES CAUSE OF ACTION (WHETHER AND EVEN IF INFORMED OF THE POSSIBILITY THEREOF IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE)ADVANCE, ARISING FROM OUT OF THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE BY REASON OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER BREACH OF THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITYAGREEMENT. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY. 13.2 SDAD'S AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE CT'S LIMITATIONS OF LIABILITY AND THE DISCLAIMERS DAMAGES IN THIS SECTION 13 WILL NOT APPLY IN CASES OF WARRANTIES AND DAMAGES SET FORTH HEREINGROSS NEGLIGENCE OR FRAUDULENT INTENT, AND THAT THE SAME FORM AN ESSENTIAL BASIS OR TO CLAIMS BY EITHER PARTY FOR MISAPPROPRIATION OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS ITS CONFIDENTIAL INFORMATION OR INFRINGEMENT OF LIABILITY AND DISCLAIMERS SPECIFIED SUCH PARTY'S INTELLECTUAL PROPERTY RIGHTS, OR [*]. 13.3 NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY, SDAD WILL SURVIVE AND APPLY EVEN IF FOUND HAVE NO OBLIGATION OR RESPONSIBILITY WHATSOEVER WITH RESPECT TO HAVE FAILED ANY THIRD PARTY SUPPLIER ENGAGED BY CT TO PERFORM FINAL ASSEMBLY OR TO PROVIDE [*] UNITS OR OTHER COMPONENTS OR ANY ASPECT OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL ANY RATE SENSOR PRODUCT ABOVE THE LIMITATIONS LEVEL OF THE PRODUCT SUPPLIED BY SDAD. 13.4 NOTHING IN THIS SECTION APPLY SHALL ALLOW CT TO FEES DUE FOR THE SPRINKLR SERVICES [*] OR OTHERWISE [*] TO PURCHASE [*] OF RATE SENSOR PRODUCTS FROM SDAD UNDER THIS AGREEMENTAGREEMENT OR THE EXISTING SUPPLY AGREEMENTS HEREUNDER OR TO AVOID OR LIMIT CT'S LIABILITY FOR SDAD'S DAMAGES ATTRIBUTABLE TO CT'S FAILURE TO MEET THIS OBLIGATION, UNLESS THAT FAILURE IS A RESULT OF A MATERIAL BREACH BY SDAD OF THIS AGREEMENT OR THE EXISTING SUPPLY AGREEMENT WHICH IS NOT CURED BY SDAD WITHIN [*] DAYS AFTER CT NOTIFIES SDAD OF THE BREACH IN WRITING. CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event13.5 THE PARTIES ACKNOWLEDGE THAT THE PRICES CHARGED BY SDAD FOR PRODUCTS REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT NEITHER PARTY WOULD ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE EXCEPT FOR ANY INDIRECTINDEMNIFICATION, SPECIALTO THE EXTENT PERMITTED BY APPLICABLE LAW, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH UILA'S AND ITS LICENSORS' AGGREGATE LIABILITY UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE WHETHER FOR BREACH OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING IN TORT, IS LIMITED: (1) FOR MONTHLY CUSTOMERS, TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY PAID UNDER THIS AGREEMENT IN FOR THE TWELVE (12) TWO MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY; (2) FOR ANNUAL CUSTOMERS, TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO FEES PAID UNDER THIS AGREEMENT IN RELIANCE UPON FOR THE LIMITATIONS OF TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY AND (3) FOR PERPETUAL CUSTOMERS, TO AN AMOUNT EQUAL TO THE DISCLAIMERS OF PERPETUAL LICENSE FEE. THE FOREGOING LIMITATION IS THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT. EXCEPT AS TO THE INDEMNIFICATION ARISING FROM THE DATA WARRANTIES AND DAMAGES SET FORTH HEREINCOVENANTS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL WILL UILA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (INCLUDING DAMAGES ARISING FROM LOSS OR DELAYED USE OF EMAIL, WEB TRAFFIC OR DATA; LOST PROFITS, SAVINGS OR REVENUE; DAMAGE TO EQUIPMENT; FALSE POSITIVES OR FALSE NEGATIVES; LOSS OF OR DAMAGE TO RECORDS OR DATA; RE-PROCUREMENT COSTS; AND THIRD PARTY CLAIMS AGAINST CUSTOMER) HOWEVER CAUSED AND REGARDLESS OF THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE LEGAL THEORY OF LIABILITY, EVEN IF UILA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.HEREIN FAILS OF ITS

Limitations of Liability. 7.1 EXCEPT AS PROVIDED IN SECTION 8(c), AND EXCEPT TO THE EXTENT PROHIBITED BY LAW: (i) A PARTY HAS NO EVENT SHALL EITHER LIABILITY TO THE OTHER PARTY BE LIABLE OR TO THIRD PARTIES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE LOSS OF USE, LOSS OF BUSINESS, LOSS OF PROFITS OR REVENUE, GOODWILL OR SAVINGS, OR DAMAGE TO, LOSS OF OR REPLACEMENT OF DATA OR, COST OF PROCUREMENT OF SUBSTITUTE SERVICES) RELATING IN ANY MANNER TO THE SERVICES (WHETHER ARISING FROM CLAIMS BASED IN CONTRACT, TORT OR OTHERWISE), ARISING FROM THIS AGREEMENT EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR AGENCY’S AND/OR AGENCY’S CLIENTS’ DAMAGE; (ii) IN ANY CASE, COMPANY'S ENTIRE LIABILITY RELATING IN ANY MANNER TO THE SERVICES, INCLUDING THE USE OF THE SPRINKLR SERVICESSYSTEM, EXCEEDREGARDLESS OF THE FORM OR NATURE OF THE CLAIM, IS LIMITED IN THE AGGREGATE, AGGREGATE TO THE TOTAL FEES RECEIVED BY OR PAYABLE ACTUALLY PAID TO SPRINKLR FROM AGENCY COMPANY UNDER THIS AGREEMENT IN DURING THE TWELVE SIX (126) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE PRIOR TO THE LIABILITYCLAIM ARISING; AND (iii) COMPANY IS NOT LIABLE TO CLIENT OR A THIRD PARTY FOR DIRECT OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE ACTS OR OMISSIONS OF: NETWORK MEMBERS; AFFILIATED REPRESENTATIVES; OTHER BROKER-DEALERS, REGISTERED INVESTMENT ADVISORS, AND THEIR AGENTS; AND OTHER SERVICES PROVIDERS FOR AN OFFERING EXCEPT AS EXPRESSLY PERMITTED IN THIS AGREEMENT. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS SECTION 8 ARE A FUNDAMENTAL PART OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN HEREUNDER, AND COMPANY WOULD NOT PROVIDE THE PARTIES. SERVICES TO CLIENT AND CLIENT WOULD NOT ENGAGE THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR COMPANY’S SERVICES UNDER THIS AGREEMENTWITHOUT THEM. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE OR ITS AFFILIATES HAVE ANY LIABILITY TO THE OTHER PARTY OR ITS AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ANY INDIRECTLOST PROFITS OR REVENUE OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, COVER, SPECIAL, INCIDENTAL, PUNITIVERELIANCE OR EXEMPLARY DAMAGES, OR INDIRECT DAMAGES OF ANY TYPE OR KIND HOWEVER CAUSED, WHETHER FROM BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE (AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE SUCH DAMAGES SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN THE FOLLOWING PARAGRAPH. THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY AND ITS AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON BREACH OR REPUDIATION OF REVENUE CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING OTHERWISE, SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES PAID FOR THE SERVICE GIVING RISE TO THE SPRINKLR SERVICES. 7.2 EXCEPT LIABILITY DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT OUT OF WHICH THE LIABILITY AROSE, BUT IN THE EVENT OF A BREACH OF SECTION 2.9 OF THIS AGREEMENT, SUCH MAXIMUM AGGREGATE LIABILITY SHALL BE INCREASED TO TWO (2) TIMES THE TOTAL SUBSCRIPTION FEES PAID FOR THE APPLICABLE SERVICE DURING THE TWELVE (i12) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCTMONTH PERIOD IMMEDIATELY PRECEDING THE EVENT OUT OF WHICH THE LIABILITY AROSE. BOTH PARTIES ACKNOWLEDGE THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON THEIR LIABILITY. THE LIMITATIONS OF LIABILITY SET FORTH IN THE SECOND PARAGRAPH OF THIS SECTION SHALL NOT APPLY TO: (A) FEES DUE UNDER THIS AGREEMENT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iiiB) A BREACH OF SECTION 2.82.3 OF THESE TERMS OF SERVICE; OR (C) EITHER PARTY’S DEFENSE AND INDEMNITY OBLIGATIONS EXCEPT AS SET FORTH IN SECTION 5 (“Indemnification”) BELOW. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, IN NO EVENT NEITHER PARTY SHALL THE TOTAL LIABILITY OF ONE PARTY BE LIABLE TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF EXTENT SUCH LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO WOULD NOT HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE OCCURRED BUT FOR THE SPRINKLR SERVICES UNDER OTHER PARTY’S FAILURE TO COMPLY WITH THE TERMS OF THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 EXCEPT AS PROVIDED IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECTSECTION 7.2, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UB, OR ANY OF THE TOTAL LIABILITY OF ONE PARTY INDEMNIFIED PARTIES, BE LIABLE TO THE OTHER PARTY LICENSEE FOR ANY AND ALL INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSESINCLUDING WITHOUT LIMITATION, AND CAUSES LOSS OF ACTION (WHETHER IN CONTRACT PROFIT OR TORTGOODWILL, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE FOR ANY MATTER ARISING OUT OF OR OTHERWISE), ARISING FROM RELATING TO THIS AGREEMENT OR AGENCY’S AND/ITS SUBJECT MATTER, REGARDLESS OF WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR AGENCY’S CLIENTS’ USE OTHERWISE AND EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE SPRINKLR SERVICESPOSSIBILITY OF SUCH DAMAGES. IN ANY CASE, EXCEEDEXCEPT AS PROVIDED IN SECTION 7.2, IN UB’S TOTAL LIABILITY TO LICENSEE FOR ANY DAMAGES WITH RESPECT TO ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE, THE TOTAL AGGREGATE AMOUNT OF LICENSE FEES RECEIVED PAID BY OR PAYABLE LICENSEE TO SPRINKLR FROM AGENCY UB UNDER THIS AGREEMENT AGREEMENT. THE RIGHTS OF THE LICENSEE IN THIS SECTION 7.1 SHALL BE THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE LICENSEE’S SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGES OF ANY NATURE RELATING TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON OR THE UB PRODUCTS. 7.2 THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT IN THIS SECTION 7 WILL APPLY NOTWITHSTANDING THE SAME FORM AN ESSENTIAL BASIS FAILURE OF THE BARGAIN ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE AMOUNTS PAYABLE HEREUNDER REFLECTS THE AGREED-UPON ALLOCATION OF RISK BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT(a) Contractor makes no warranty or agreement, SPECIALexpress or implied, INCIDENTALto or for the benefit of any person or entity other than Customer concerning the performance of the Satellites or any other matters relating to the Work. (b) THE PARTIES TO THIS CONTRACT EXPRESSLY RECOGNIZE THAT COMMERCIAL SPACE VENTURES INVOLVE SUBSTANTIAL RISKS AND RECOGNIZE THE COMMERCIAL NEED TO DEFINE, PUNITIVEAPPORTION, OR CONSEQUENTIAL DAMAGES IN CONNECTION AND LIMIT CONTRACTUALLY ALL THE RISKS ASSOCIATED WITH THIS AGREEMENTCOMMERCIAL SPACE VENTURE. THE PAYMENTS AND OTHER REMEDIES EXPRESSLY SET FORTH IN THIS CONTRACT FULLY REFLECT THE PARTIES' NEGOTIATIONS, INTENTIONS, AND BARGAINED-FOR ALLOCATION OF THE RISKS ASSOCIATED WITH COMMERCIAL SPACE VENTURES. (c) THE WARRANTY OBLIGATIONS OF CONTRAC TOR AND THE REMEDIES AGAINST CONTRACTOR THEREFOR THAT ARE EXPRESSLY SET FORTH OR REFERENCED IN ARTICLE 18 (CONTRACTOR'S REPRESENTATIONS, COVENANTS, AND WARRANTIES) ARE EXCLUSIVE AND ARE IN SUBSTITUTION OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED (INCLUDING ANY STATUTORY WARRANTIES SUCH AS IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), WHICH ARE EXPRESSLY DISCLAIMED. (d) CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES, AND CONTRACTOR'S SOLE OBLIGATIONS FOR (I) ANY BREACH OF THIS CONTRACT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE DELAY OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONSDEFAULT; AND/OR (iiiII) A ANY DEFECT, NON-CONFORMANCE OR DEFICIENCY IN ANY WORK UNDER THIS CONTRACT OR IN ANY INFORMATION, INSTRUCTIONS, SERVICES, OR OTHER CLAIMS WHATSOEVER ARISING OUT OF OR RELATING TO THIS CONTRACT AND/OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER DENOMINATED AS CONTRACT, TORT, EQUITABLE, STATUTORY, OR ANY OTHER TYPE OF CLAIM) ARE LIMITED TO THOSE SET FORTH IN ARTICLES 0 (LIQUIDATED DAMAGES FOR LATE DELIVERY), 12 (IN-ORBIT PERFORMANCE INCENTIVE PAYMENTS), 18 (CONTRACTOR'S REPRESENTATIONS, COVENANTS, AND WARRANTIES), 21 (INTELLECTUAL PROPERTY INFRINGEMENT INDEMNIFICATION), 24 (INDEMNIFICATION), 25 (INSURANCE), AND 32 (TERMINATION) HEREOF AND ANY OTHER REMEDIES SPECIFICALLY SET FORTH IN THIS CONTRACT; AND ALL OTHER REMEDIES OR RECOURSE AGAINST CONTRACTOR OF ANY KIND ARE EXPRESSLY DISCLAIMED AND FOREVER WAIVED BY CUSTOMER. (e) CONTRACTOR SHALL NOT, UNDER ANY CIRCUMSTANCES, UNDER ANY WARRANTY (EXPRESS, IMPLIED, OR STATUTORY) OR UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE, TORT, STRICT LIABILITY, CONTRACT, OR OTHER LEGAL OR EQUITABLE THEORY) HAVE ANY LIABILITY TO CUSTOMER OR CUSTOMER'S CUSTOMERS FOR ANY SPECIAL, CONSEQUENTIAL, AND/OR INCIDENTAL DAMAGES, WHETHER OR NOT FORESEEABLE, INCLUDING LOST REVENUES OR PROFITS, COST OF CAPITAL, OR ANY OTHER FORM OF ECONOMIC LOSS RESULTING FROM ANY BREACH OF SECTION 2.8THIS CONTRACT OR WITH RESPECT TO ANY DEFECT, NON-CONFORMANCE, OR DEFICIENCY IN NO EVENT SHALL ANY INFORMATION, INSTRUCTIONS, SERVICES, OR OTHER THINGS PROVIDED PURSUANT TO THIS CONTRACT. (f) THE TOTAL LIABILITY OF ONE PARTY CONTRACTOR WITH RESPECT TO THE OTHER PARTY ALL CLAIMS OF ANY KIND, INCLUDING WITHOUT LIMITATION LIQUIDATED DAMAGES, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, STRICT LIABILITY OR OTHERWISE, AND WHETHER ARISING BEFORE OR AFTER DELIVERY OF ANY DELIVERABLE ITEM, FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), LOSS ARISING FROM OR RELATING TO THIS AGREEMENT CONTRACT, OR AGENCY’S AND/FROM THE PERFORMANCE OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICESBREACH THEREOF, SHALL NOT EXCEED, EXCEPT AS OTHERWISE SET FORTH IN THE AGGREGATETHIS CONTRACT, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN CONTRACT PRICE. NOTWITHSTANDING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON FOREGOING, THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREININ THIS CONTRACT S HALL NOT APPLY TO CONTRACTOR, ITS AFFILIATES, ASSOCIATES, AND THAT SUBCONTRACTORS TO THE SAME FORM AN ESSENTIAL BASIS EXTENT A CLAIM OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS ANY KIND RELATED TO OR ARISING OUT OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTCONTRACT IS COVERED BY INSURANCE MAINTAINED BY CONTRACTOR, ITS AFFILIATES, ASSOCIATES OR SUBCONTRACTORS. 7.3 Neither party will be liable (g) The limitations of liability set forth herein shall also apply to all Affiliates, Associates, and Subcontractors of Contractor to the same extent as set forth herein with respect to Contractor. (h) Each Party shall have a duty to mitigate damages for which the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure EventParty is responsible.

Limitations of Liability. 7.1 IN NO EVENT 9.1. NEITHER PARTY SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECTEXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH INCLUDING WITHOUT LIMITATION, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST REVENUE ARISING OUT OF THIS AGREEMENT, AGREEMENT (INCLUDING WITHOUT LIMITATION LOSS THE SERVICES, THE USE OF REVENUE THE SERVICES OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER THE INABILITY TO USE THE SERVICES), EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 9.2. SPRINT'S AGGREGATE LIABILITY AMOUNT (“THE AGGREGATE LIABILITY CAP”) TO CUSTOMER FOR ALL CLAIMS RELATING TO OR ARISING OUT OF THIS AGREEMENT WHETHER BASED ON CLAIMS IN CONTRACT, STRICT LIABILITY, TORT, WARRANTY, EQUITY OR OTHERWISE, SHALL NOT EXCEED THE SPRINKLR SERVICESTOTAL FEES PAID AND PAYABLE BY CUSTOMER FOR THE SERVICES DURING THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE MOST RECENT EVENT WHICH GAVE RISE TO CUSTOMER'S CLAIM; PROVIDED THAT IF SUCH EVENT OCCURS DURING THE FIRST SIX (6) MONTHS AFTER THE EFFECTIVE DATE, LIABILITY FOR SUCH CLAIM SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL MONTHLY RECURRING FEES DUE TO SPRINT PURSUANT TO THE AGREEMENT DURING SUCH SIX (6)-MONTH PERIOD. THERE SHALL BE ONLY ONE AGGREGATE LIABILITY CAP UNDER THIS AGREEMENT EVEN IF THERE ARE MULTIPLE CLAIMS; EACH CLAIM SHALL REDUCE THE AMOUNT AVAILABLE IN THE AGGREGATE LIABILITY CAP. 7.2 9.3. EXCEPT FOR A FAILURE OF SPRINT TO COMPLY WITH ITS OBLIGATIONS WITH RESPECT TO BACKUP SERVICES EXPRESSLY SET FORTH IN SECTION 1.1.D(5), SPRINT SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE LOSS, MISAPPROPRIATION OR CORRUPTION OF ANY CONTENT INCLUDING WITHOUT LIMITATION RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS. 9.4. THE LIMITATIONS AND EXCLUSIONS ABOVE ARE NOT APPLICABLE TO LIABILITY DIRECTLY ATTRIBUTABLE TO: (iI) EITHER A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; , (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iiiII) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCYPARTY’S AND/OR AGENCY’S CLIENTS’ UNAUTHORIZED USE OF THE SPRINKLR SERVICESOTHER PARTY’S INTELLECTUAL PROPERTY, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED MATERIALS OR ASSETS, 9.5. DAMAGES AS LIMITED BY OR PAYABLE THIS SECTION 9 ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY IF ANOTHER REMEDY IS PROVIDED AND SUCH REMEDY IS DEEMED TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET FAIL OF ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, 8.1 THE MAXIMUM LIABILITY OF AF ARISING OUT OF OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTAGREEMENT AND EACH PART THEREOF, INCLUDING WITHOUT LIMITATION LOSS ITS EXECUTION AND PERFORMANCE SHALL BE LIMITED, IF SUCH LIABILITY IS NOT THE RESULT OF REVENUE WILLFUL MISCONDUCT OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING GROSS NEGLIGENCE ON THE PART OF AF, TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) NET AMOUNT THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY LICENSEE HAS PAID AF WITH RESPECT TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING PRECEEDING THE EVENT GIVING RISE DATE SUCH CLAIM AROSE. 8.2 TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREINFULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITH THE EXCEPTION OF LICENSEE'S OBLIGATIONS UNDER SECTIONS 4.3, 4.6, 9.1, AND 9.3 OF THIS AGREEMENT, NEITHER AF NOR LICENSEE SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, CLAIMS OF THIRD PARTIES, PECUNIARY ADVANTAGE, SAVINGS OR REVENUES OF ANY KIND OR INCREASED COST OF OPERATIONS. 8.3 TO THE EXTENT THAT A PARTY’S LIABILITY IS EXCLUDED OR LIMITED, THE SAME FORM AN ESSENTIAL BASIS ALSO APPLIES TO ITS EMPLOYEES, REPRESENTATIVES, AFFILIATES AND ANY OTHER PERSONS THAT AF EMPLOYS IN THE PERFORMANCE OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES CONTRACTUAL OBLIGATIONS UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 EXCEPT AS EXPRESSLY SET FORTH IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS THE AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE NEITHER PARTY MAKES ANY, AND EACH PARTY HEREBY EXPRESSLY DISCLAIMS ANY, REPRESENTATIONS OR ANTICIPATED PROFITS WARRANTIES, EXPRESS OR LOST BUSINESS OR LOST SALES IMPLIED, REGARDING THE COMPANY'S SERVICE, THE BELLSOUTH SITE, OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR SERVICE, CONTENT, TOOLS OR RELATED DOCUMENTS OR MATERIALS (iIN ELECTRONIC FORM OR OTHERWISE) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORTPROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, NEGLIGENCE ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OTHERWISE), FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM THIS AGREEMENT A COURSE OF DEALING OR AGENCY’S AND/COURSE OF PERFORMANCE. EXCEPT AS EXPRESSLY SET FORTH IN THE AGREEMENT, COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR AGENCY’S CLIENTS’ USE WARRANTY REGARDING THE PERFORMANCE, AVAILABILITY, FUNCTIONALITY OR ANY OTHER ASPECT OF THE SPRINKLR SERVICES, EXCEED, COMPANY'S SERVICE. EXCEPT AS EXPRESSLY SET FORTH IN THE AGGREGATEAGREEMENT, BELLSOUTH EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING THE TOTAL FEES RECEIVED BY PERFORMANCE, AVAILABILITY, FUNCTIONALITY, NUMBER OF SUBSCRIBERS OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS ANY OTHER ASPECT OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTBELLSOUTH SITE OR BELLSOUTH'S INTERNET SERVICES. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 15: (a) IN NO EVENT SHALL EITHER PARTY PARTY, ITS AFFILIATES OR THEIR EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIALPUNITIVE, INCIDENTAL, PUNITIVESPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTEXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF REVENUE PROFITS, GOODWILL, USE, DATA OR ANTICIPATED PROFITS OTHER INTANGIBLE LOSSES ARISING OUT OF OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR THIS AGREEMENT; AND (ib) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL PLUTO7’S CUMULATIVE AND AGGREGATE LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIESEXCEED TWO HUNDRED U.S. DOLLARS. THE PARTIES AGREE THAT THE LIMITATIONS EXCLUSIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION (COLLECTIVELY, THE “EXCLUSIONS”) APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE NON-BREACHING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE EXCLUSIONS SHALL NOT APPLY TO FEES DUE FOR CUSTOMER’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 14 OR BREACH OF SECTION 8. THE SPRINKLR SERVICES PROVISIONS OF THIS SECTION 15 ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE EXCLUSIONS IN DETERMINING TO ENTER INTO THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE EXCEPT FOR ANY INDIRECTINDEMNIFICATION, SPECIALTO THE EXTENT PERMITTED BY APPLICABLE LAW, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH UILA'S AND ITS LICENSORS' AGGREGATE LIABILITY UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE WHETHER FOR BREACH OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING IN TORT, IS LIMITED: (1) FOR MONTHLY CUSTOMERS, TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY PAID UNDER THIS AGREEMENT IN FOR THE TWELVE (12) TWO MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY; (2) FOR ANNUAL CUSTOMERS, TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO FEES PAID UNDER THIS AGREEMENT IN RELIANCE UPON FOR THE LIMITATIONS OF TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY AND (3) FOR PERPETUAL CUSTOMERS, TO AN AMOUNT EQUAL TO THE DISCLAIMERS PERPETUAL LICENSE FEE. THE FOREGOING LIMITATION IS THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT. IN NO EVENT WILL UILA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF WARRANTIES THIS AGREEMENT (INCLUDING DAMAGES ARISING FROM LOSS OR DELAYED USE OF EMAIL, WEB TRAFFIC OR DATA; LOST PROFITS, SAVINGS OR REVENUE; DAMAGE TO EQUIPMENT; FALSE POSITIVES OR FALSE NEGATIVES; LOSS OF OR DAMAGE TO RECORDS OR DATA; RE-PROCUREMENT COSTS; AND DAMAGES SET FORTH HEREINTHIRD PARTY CLAIMS AGAINST CUSTOMER) HOWEVER CAUSED AND REGARDLESS OF THE LEGAL THEORY OF LIABILITY, EVEN IF UILA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THAT EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR HEREIN FAILS OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED FOREGOING, NOTHING IN THIS AGREEMENT WILL SURVIVE LIMIT UILA’S LIABILITY FOR DEATH AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTPERSONAL INJURY. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 6.1 NEITHER PARTY NOR ANY OF ITS AFFILIATES (AND IN NO EVENT THE CASE OF HYLAND, ITS SUPPLIERS) SHALL EITHER PARTY BE LIABLE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH DAMAGES, OR ANY LOSS OF REVENUE, GOODWILL, SAVINGS OR PROFITS (EXCLUDING FEES DUE UNDER THIS AGREEMENT), INCLUDING WITHOUT LIMITATION LOSS OR CORRUPTION OF REVENUE DATA OR ANTICIPATED PROFITS PROGRAMS, COSTS OF REPLACEMENT OR LOST THE REMEDY OF COVER, OR BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO INTERRUPTION DAMAGES, EVEN IF ADVISED OF THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH POSSIBILITY OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL SUCH DAMAGES, LOSSES, EXPENSES OR COSTS. 6.2 XXXXXX’X (INCLUDING ITS AFFILIATES AND CAUSES SUPPLIERS) TOTAL, CUMULATIVE LIABILITY ARISING OUT OF ACTION (OR RELATED TO THIS AGREEMENT OR THE PRODUCTS OR SERVICES PROVIDED UNDER IT, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISETORT (INCLUDING NEGLIGENCE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/ANY OTHER LEGAL OR AGENCY’S CLIENTS’ EQUITABLE THEORY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNTS ACTUALLY PAID TO HYLAND BY CUSTOMER (LESS ANY REFUNDS OR CREDITS) FOR THE USE OF THE SPRINKLR SERVICES, EXCEED, IN PRODUCTS OR PROVISION OF THE AGGREGATE, SERVICES GIVING RISE TO THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN CLAIM DURING THE TWELVE (12) MONTHS MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO SUCH CLAIM. WITH RESPECT TO ANY PRODUCTS OR SERVICES PROVIDED TO CUSTOMER FREE OF CHARGE (SUCH AS EVALUATION SOFTWARE OR SERVICES), NEITHER HYLAND NOR ANY OF ITS AFFILIATES OR SUPPLIERS WILL BE LIABLE FOR DIRECT DAMAGES. 6.3 THE LIABILITY. AGENCY LIMITATIONS IN SECTIONS 6.1 AND 6.2 SHALL NOT APPLY: (1) TO THE EXTENT SUCH LIMITATIONS ARE PROHIBITED BY LAW, (2) PAYMENTS TO A THIRD PARTY ARISING FROM XXXXXX’X INDEMNIFICATION OBLIGATION FOR INTELLECTUAL PROPERTY INFRINGEMENT; OR (3) TO ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF CUSTOMER’S OR CONTRACTOR’SPROHIBITED ACTS. 6.4 IF CUSTOMER USES THE SOFTWARE, HYLAND CLOUD SERVICE, OR ADD-ON SERVICES IN A CLINICAL SETTING, CUSTOMER ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES THE SOFTWARE, HYLAND CLOUD SERVICES AND ENTERED INTO THIS AGREEMENT ADD-ON SERVICES DO NOT OFFER MEDICAL INTERPRETATIONS OF DATA, DIAGNOSE PATIENTS, OR RECOMMEND THERAPY OR TREATMENT; THE SOFTWARE, HYLAND CLOUD SERVICE AND ADD-ON SERVICES ARE AN INFORMATION RESOURCE AND IS NOT A SUBSTITUTE FOR THE SKILL, JUDGMENT AND KNOWLEDGE OF CUSTOMER’S USERS OF THE SOFTWARE, HYLAND CLOUD SERVICE OR ADD-ON SERVICES IN RELIANCE UPON THE PROVISION OF HEALTHCARE SERVICES. IN ADDITION TO THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH PROVIDED HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS HYLAND SHALL NOT HAVE ANY LIABILITY FOR ANY ASPECT OF HEALTHCARE SERVICES PROVIDED BY CUSTOMER IN CONJUNCTION WITH ITS USE OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTSOFTWARE, HYLAND CLOUD SERVICE OR ADD-ON SERVICES. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH 14.1 CATALENT’S LIABILITY UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY AGREEMENT FOR ANY AND ALL DAMAGESCLAIMS FOR LOST, LOSSESDAMAGED OR DESTROYED CLIENT-SUPPLIED MATERIALS, AND CAUSES OF ACTION (WHETHER OR NOT SUCH CLIENT SUPPLIED MATERIALS ARE USED IN CONTRACT THE SERVICES OR TORTINCORPORATED INTO PRODUCT, INCLUDING, BUT NOT LIMITED TO, CAUSED BY CATALENT’S NEGLIGENCE OR OTHERWISE), ARISING FROM BREACH SHALL NOT EXCEED [***] PER INCIDENT. 14.2 CATALENT’S TOTAL LIABILITY UNDER THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, SHALL IN THE AGGREGATE, NO EVENT EXCEED THE TOTAL FEES RECEIVED PAID BY CLIENT TO CATALENT OR PAYABLE TO SPRINKLR FROM AGENCY INVOICED BY CATALENT UNDER THIS AGREEMENT IN DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING RELEASE OF THE EVENT BATCH OR SERVICES GIVING RISE TO THE LIABILITYCLAIM. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON DURING THE LIMITATIONS FIRST CONTRACT YEAR, SUCH LIMITATION SHALL BE THE GREATER OF LIABILITY AND (I) TOTAL FEES PAID BY CLIENT TO CATALENT OR INVOICED BY CATALENT FROM THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREINCOMMENCEMENT DATE, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIESOR (II) [***]. THE FOREGOING LIMITATION SHALL NOT BE DEEMED TO LIMIT CATALENT’S LIABILITY UNDER SECTION 13.1 (INDEMNIFICATION) WITH RESPECT TO AMOUNTS PAID BY CLIENT TO THIRD PARTIES AGREE THAT FOR BODILY INJURY. 14.3 NEITHER PARTY SHALL BE LIABLE TO THE LIMITATIONS AND EXCLUSIONS OTHER PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED REVENUES, PROFITS OR DATA ARISING OUT OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES PERFORMANCE UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance ofWHETHER IN CONTRACT OR IN TORT, any obligation under this Agreement caused by a Force Majeure Event.EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO THE CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED AS [***]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.EXECUTION VERSION

Limitations of Liability. 7.1 EXCEPT FOR OBLIGATIONS UNDER SECTION 8 (INDEMNIFICATION), BREACH OF ANY NDA ENTERED INTO IN NO EVENT SHALL EITHER CONNECTION WITH THE SERVICES OR BREACH OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, AND GROSSLY NEGLIGENT OR INTENTIONALLY WRONGFUL ACTS OR OMISSIONS, NEITHER PARTY NOR ANY OF THEIR RESPECTIVE LICENSORS, AGENTS AND CONTRACTORS WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL EXEMPLARY DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHERWISEOTHER LOSSES (EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; OR (D) ANY THIRD PARTY CONTENT. IN ANY CASE, EXCEPT FOR OBLIGATIONS UNDER SECTION 8 (INDEMNIFICATION), ARISING FROM BREACH OF ANY NDA ENTERED INTO IN CONNECTION WITH THE SERVICES OR BREACH OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, AND GROSSLY NEGLIGENT OR INTENTIONALLY WRONGFUL ACTS OR OMISSIONS, NEITHER PARTY’S AGGREGATE LIABILITY TO THE OTHER PARTY UNDER THIS AGREEMENT WILL EXCEED THE AMOUNTS PAYABLE OR AGENCY’S AND/OR AGENCY’S CLIENTS’ PAID BY YOU TO NI FOR YOUR USE OF THE SPRINKLR SERVICES, EXCEED, IN SERVICES DURING THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.TWELVE

Limitations of Liability. 7.1 9.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR M-STAR’S TOTAL AND AGGREGATED LIABILITY TO CUSTOMER OR ANY INDIRECTAUTHORIZED USER ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER, SPECIALIN RESPECT OF ANY CLAIM, INCIDENTALWHETHER IN CONTRACT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, TORT (INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES NEGLIGENCE) OR ANY OTHER MATTER RELATING TO THEORY OF LIABILITY EXCEED THE SPRINKLR SERVICES. 7.2 EXCEPT FEES ACTUALLY PAID BY CUSTOMER FOR (iSUCH SERVICE(S) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN DURING THE TWELVE (12) MONTHS MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE DATE OF CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT. THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO THE LIABILITY(A) A PARTY’S FRAUD OR WILLFUL MISCONDUCT; OR (B) CUSTOMER’S OBLIGATION TO PAY FEES OWED UNDER THIS AGREEMENT. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE THESE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS ARE INDEPENDENT OF WARRANTIES AND DAMAGES SET FORTH HEREINANY EXCLUSIVE REMEDIES, AND THAT WILL SURVIVE AND APPLY NOTWITHSTANDING THE SAME FAILURE OF ESSENTIAL PURPOSE OF ANY SPECIFIED REMEDIES. 9.2 IN NO EVENT WILL M-STAR BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, INCLUDING MALFUNCTIONS, DELAYS, LOSS OF DATA, LOSS OF PROFIT, INTERRUPTION OF SERVICE OR LOSS OF BUSINESS OR ANTICIPATORY PROFITS, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. 9.3 THE FEES CHARGED UNDER THIS AGREEMENT REFLECT THE OVERALL ALLOCATION OF RISK BETWEEN THE PARTIES, INCLUDING BY MEANS OF THE LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES DESCRIBED IN THIS AGREEMENT. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. PARTIES AND A MODIFICATION OF THESE PROVISIONS WOULD AFFECT SUBSTANTIALLY THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSEFEES CHARGED BY M-STAR. IN NO EVENT SHALL THE LIMITATIONS IN CONSIDERATION OF THESE FEES, CUSTOMER AGREES TO THIS SECTION APPLY ALLOCATION OF RISK AND HEREBY WAIVES ANY RIGHT, THROUGH EQUITABLE RELIEF OR OTHERWISE, TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTSUBSEQUENTLY SEEK A MODIFICATION OF THESE PROVISIONS OR ALLOCATION OF RISK. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY STARLINK WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVECONSEQUENTIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTINDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE GOODWILL OR ANTICIPATED PROFITS BUSINESS PROFITS, LOST REVENUE, WORK STOPPAGE, LOSS OR LOST BUSINESS OR LOST SALES CORRUPTION OF DATA, COMPUTER FAILURE, DATA SECURITY BREACH, MALFUNCTION OR ANY LOSSES OR DAMAGES RESULTING FROM THE KIT INSTALLATION, REPAIR, REMOVAL, OR OTHER MATTER RELATING TO THE SPRINKLR ASSOCIATED SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY. STARLINK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT FOR ANY INDIVIDUAL CLAIM OR ALL CLAIMS IN THE TWELVE AGGREGATE WILL NOT EXCEED THE LESSER AMOUNT OF EITHER (12A) THE TOTAL AMOUNT PAID BY YOU TO STARLINK UNDER THIS AGREEMENT OVER THE SIX MONTHS IMMEDIATELY PRECEDING PROCEEDING THE EVENT CLAIM GIVING RISE TO THE LIABILITYLIABILITY OR (B) 1 MILLION U.S. DOLLARS. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREININ THIS SECTIONWILL APPLY TO ANY CLAIMS OR DAMAGES ARISING OUT OF OR RELATED TO THE AGREEMENT, SERVICES OR STARLINK KIT, INCLUDING ANY EXEMPLARY OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER STARLINK WAS INFORMED OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND REGARDLESS OF WHETHER CLAIMS ARE ASSERTED BASED ON CONTRACT, STATUTE, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHER LEGAL OR EQUITABLE CLAIM OR THEORY PROVIDED, EXCEPT IF AND TO THE EXTENT THAT ANY LIMITATION VIOLATES APPLICABLE MANDATORY LAW THAT THE SAME FORM AN ESSENTIAL BASIS PARTIES CANNOT DEROGATE FROM BY WAY OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTCONTRACT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 18: (a) IN NO EVENT SHALL EITHER PARTY PARTY, ITS AFFILIATES OR THEIR EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIALPUNITIVE, INCIDENTAL, PUNITIVESPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTEXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF REVENUE PROFITS, GOODWILL, USE, DATA OR ANTICIPATED PROFITS OTHER INTANGIBLE LOSSES ARISING OUT OF OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR THIS AGREEMENT; AND (ib) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL EITHER PARTY’S CUMULATIVE AND AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL LIABILITY OF ONE PARTY FEES PAID TO Botprise BY CUSTOMER UNDER THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISEAPPLICABLE ORDER(S), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF INCLUDING PRIOR ORDERS FOR THE SPRINKLR SAME SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES THE EXCLUSIONS AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION (COLLECTIVELY, THE “EXCLUSIONS”) APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE NON-BREACHING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE EXCLUSIONS SHALL NOT APPLY TO FEES DUE FOR THE SPRINKLR SERVICES A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 17, CUSTOMER’S BREACH OF SECTION 8.2, OR CUSTOMER’S PAYMENT OBLIGATIONS TO Botprise UNDER THIS AGREEMENT. THE PROVISIONS OF THIS SECTION 18 ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE EXCLUSIONS IN DETERMINING TO ENTER INTO THIS AGREEMENT AND THE PRICING FOR THE SERVICES. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 30: (a) IN NO EVENT SHALL EITHER PARTY PARTY, ITS AFFILIATES OR THEIR EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIALPUNITIVE, INCIDENTAL, PUNITIVESPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTEXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF REVENUE PROFITS, GOODWILL, USE, DATA OR ANTICIPATED PROFITS OTHER INTANGIBLE LOSSES ARISING OUT OF OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR THIS AGREEMENT; AND (ib) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL EITHER PARTY’S CUMULATIVE AND AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL LIABILITY OF ONE PARTY FEES PAID TO ZEROFOX BY CUSTOMER UNDER THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISEAPPLICABLE ORDER(S), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF INCLUDING PRIOR ORDERS FOR THE SPRINKLR SAME SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON LIABILITY (THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES“CAP”). THE PARTIES AGREE THAT THE LIMITATIONS EXCLUSIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION SECTION, INCLUDING THE CAP (COLLECTIVELY, THE “EXCLUSIONS”), APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE NON-BREACHING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE EXCLUSIONS SHALL NOT APPLY TO FEES DUE FOR THE SPRINKLR SERVICES A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 27 OR 28, AS APPLICABLE, CUSTOMER’S BREACH OF SECTION 9 OR CUSTOMER’S PAYMENT OBLIGATIONS TO ZEROFOX UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 15.1 OTHER THAN FOR A PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, OR FOR BREACH OF SECTION 10 OR 11 OF THIS AGREEMENT, OR A FAILURE OF BRAMMER TO MANUFACTURE PRODUCT IN ACCORDANCE WITH APPLICABLE LAWS (EXCEPT THAT, FOR THE PURPOSES OF THIS SECTION 15.1, GUIDANCES MEANS ONLY GUIDANCES THAT HAVE THE EFFECT OF STATUTORY LAW) RESULTING IN A MATERIAL BREACH HEREUNDER, EACH PARTY’S LIABILITY UNDER THIS AGREEMENT HOWSOEVER ARISING WILL NOT EXCEED [**] DOLLARS ($[**]). BRAMMER ASSUMES NO LIABILITY FOR THE USE, STORAGE, DISPOSAL, MARKETING, OR SALE OF PRODUCT(S) OR FOR DEFECTS IN PRODUCT(S) RESULTING FROM CUSTOMER-PROVIDED MATERIALS. 15.2 Consequential Damages Waiver. OTHER THAN FOR A PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, OR FOR BREACH OF SECTION 10 OR 11 OF THIS AGREEMENT, OR A FAILURE OF BRAMMER TO MANUFACTURE PRODUCT IN ACCORDANCE WITH APPLICABLE LAWS (EXCEPT THAT, FOR THE PURPOSES OF THIS SECTION 15.2, GUIDANCES MEANS ONLY GUIDANCES THAT HAVE THE EFFECT OF STATUTORY LAW) RESULTING IN A MATERIAL BREACH HEREUNDER, IN NO EVENT SHALL WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTALCONSEQUENTIAL, PUNITIVE, PUNITIVE OR CONSEQUENTIAL EXEMPLARY DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE DAMAGES BASED UPON LOST PROFITS, BUSINESS INTERRUPTION, LOST BUSINESS, OR OTHERWISE), ARISING FROM THIS AGREEMENT LOST SAVINGS) FOR ANY ACTS OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE FAILURE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES ACT UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBLE EXISTENCE OF SUCH DAMAGES. ActiveUS 170335185

Limitations of Liability. 7.1 RESELLER AGREES THAT Global R WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES, (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES, (3) INTERRUPTION OF OUR SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS RESELLER EXPERIENCES IN NO EVENT SHALL EITHER PARTY RELATION TO A DOMAIN NAME REGISTERED WITH US; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION; (8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF RESELLER ACCOUNT IDENTIFIER OR PASSWORD; OR (9) APPLICATION OF UDRP OR URS. RESELLER ALSO AGREES THAT Global R WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS LOST PROFITS) REGARDLESS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES FORM OF ACTION (WHETHER IN CONTRACT OR TORTCONTRACT, INCLUDINGTORT (INCLUDING NEGLIGENCE), BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE EVEN IF WE HAVE BEEN ADVISED OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS POSSIBILITY OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSESUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE TOTAL AMOUNT PAID BY RESELLER FOR REGISTRATION OF THE SUBJECT DOMAIN NAME FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTPRIOR 12 MONTHS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 14.1 OTHER THAN WITH RESPECT TO CLAIMS FOR LOST, DAMAGED OR DESTROYED CLIENT-SUPPLIED MATERIALS (WHETHER OR NOT SUCH CLIENT-SUPPLIED MATERIALS ARE USED OR INCORPORATED INTO PRODUCT) ARISING FROM CATALENT’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, CATALENT’S LIABILITY UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS FOR LOST, DAMAGED OR DESTROYED CLIENT-SUPPLIED MATERIALS (WHETHER OR NOT SUCH CLIENT-SUPPLIED MATERIALS ARE USED OR INCORPORATED INTO PRODUCT) SHALL NOT EXCEED (I) [***] WHERE SUCH CLAIM ARISES FROM CATALENT’S PROCESSING OF THE CLIENT-SUPPLIED MATERIALS IN NO EVENT THE PERFORMANCE OF SERVICES AND (II) [***] WHERE THE CLAIM ARISES FROM OUTSIDE OF CATALENT’S PROCESSING OF THE CLIENT-SUPPLIED MATERIALS IN THE PERFORMANCE OF SERVICES; PROVIDED, HOWEVER, CATALENT’S TOTAL AGGREGATE LIABILITY UNDER THIS SECTION 14.1 FOR ANY AND ALL CLAIMS FOR LOST, DAMAGED OR DESTROYED CLIENT-SUPPLIED MATERIALS (WHETHER OR NOT SUCH CLIENT-SUPPLIED MATERIALS ARE USED OR INCORPORATED INTO PRODUCT) MADE BY CLIENT [***] SHALL EITHER NOT EXCEED [***]. 14.2 CATALENT’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO THE AGGREGATE CLAIMS BY CLIENT [***] SHALL NOT EXCEED [***]. 14.3 EXCEPT FOR BREACHES OF ARTICLE 10 FOR WHICH CATALENT’S LIABILITY FOR INDIRECT DAMAGES UNDER THIS QUOTATION OR QAR SHALL NOT EXCEED [***], NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF REVENUES, PROFITS OR DATA (COLLECTIVELY, “INDIRECT DAMAGES, LOSSES, AND CAUSES ”) ARISING OUT OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES PERFORMANCE UNDER THIS AGREEMENT, WHETHER IN CONTRACT, IN CIVIL LIABILITY OR IN TORT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF CLARITY, INDEMNIFIABLE LOSSES UNDER ARTICLE 13 SHALL NOT BE CHARACTERIZED AS CONSEQUENTIAL TO CLIENT OR CATALENT SOLELY ON THE BASIS THAT SUCH LOSSES ARISE FROM DAMAGES SUFFERED BY A THIRD PARTY. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH 14.1 CATALENT’S LIABILITY UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY AGREEMENT FOR ANY AND ALL DAMAGESCLAIMS FOR LOST, LOSSESDAMAGED OR DESTROYED CLIENT-SUPPLIED MATERIALS, AND CAUSES OF ACTION (WHETHER OR NOT SUCH CLIENT SUPPLIED MATERIALS ARE USED IN CONTRACT THE SERVICES OR TORTINCORPORATED INTO PRODUCT, INCLUDING, BUT NOT LIMITED TO, CAUSED BY CATALENT’S NEGLIGENCE OR OTHERWISE), ARISING FROM BREACH SHALL NOT EXCEED [***] PER INCIDENT. 14.2 CATALENT’S TOTAL LIABILITY UNDER THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, SHALL IN THE AGGREGATE, NO EVENT EXCEED THE TOTAL FEES RECEIVED PAID BY CLIENT TO CATALENT OR PAYABLE TO SPRINKLR FROM AGENCY INVOICED BY CATALENT UNDER THIS AGREEMENT IN DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING RELEASE OF THE EVENT BATCH OR SERVICES GIVING RISE TO THE LIABILITYCLAIM. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON DURING THE LIMITATIONS FIRST CONTRACT YEAR, SUCH LIMITATION SHALL BE THE GREATER OF LIABILITY AND (I) TOTAL FEES PAID BY CLIENT TO CATALENT OR INVOICED BY CATALENT FROM THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREINCOMMENCEMENT DATE, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIESOR (II) [***]. THE FOREGOING LIMITATION SHALL NOT BE DEEMED TO LIMIT CATALENT’S LIABILITY UNDER SECTION 13.1 (INDEMNIFICATION) WITH RESPECT TO AMOUNTS PAID BY CLIENT TO THIRD PARTIES AGREE THAT FOR BODILY INJURY. 14.3 NEITHER PARTY SHALL BE LIABLE TO THE LIMITATIONS AND EXCLUSIONS OTHER PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED REVENUES, PROFITS OR DATA ARISING OUT OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES PERFORMANCE UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance ofWHETHER IN CONTRACT OR IN TORT, any obligation under this Agreement caused by a Force Majeure Event.EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO THE CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED AS [***]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. EXECUTION VERSION