Common use of Limitations of Liability Clause in Contracts

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM WE, OUR AFFILIATES, SUBSIDIARIES, MEMBER COOPERATIVES, OWNERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, VENDORS, SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIALDIRECT, EXEMPLARYINDIRECT, PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL CONSEQUENTIAL OR AGGRAVATED OTHER DAMAGES, DAMAGES FOR OR ANY LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTIONUSE, LOSS OF BUSINESS INFORMATIONPROFITS, LOSS OF BUSINESS OPPORTUNITYDATA, OR CORRUPTION COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR LOSS IN ANY WAY CONNECTED WITH THE USE OF DATA THIS WEBSITE OR BREACHES WITH ANY DELAY OF DATA SECURITYOR INABILITY TO USE THIS WEBSITE, FAILURES OR FOR ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEBSITE, THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES, UNAUTHORIZED ACCESS TO TRANSMIT OR RECEIVE ANY ALTERATION OF YOUR TRANSMISSIONS OR DATA, PROBLEMS ASSOCIATED WITH THE STATEMENTS OR CONDUCT OF ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTIONTHIRD PARTY ON THE WEBSITE, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OTHERWISE ARISING OUT OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTIONWEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEENOTHERWISE, AND EVEN IF RIM HAS SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FURTHER, SUCH DAMAGES. (b) To the maximum extent permitted by applicable lawPARTIES SHALL NOT BE LIABLE, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE REGARDLESS OF THE CAUSE OF ACTIONOR DURATION, DEMAND OR ACTION BY YOU INCLUDINGFOR ANY ERRORS, BUT NOT LIMITED TOINACCURACIES, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACTOMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE CONTENT, INFORMATION OR SERVICES PROVIDED BY OR KNOW-HOW OR OTHER INFORMATION CONTAINED WITHIN THIS WEBSITE, OR FOR ANY OTHER LEGAL THEORY;DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIM OR LOSS ARISING THEREFROM OR OCCASIONED THEREBY.

Limitations of Liability. SOME COUNTRIES DO WE AND OUR AFFILIATES AND LICENSORS WILL NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE TO YOU FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIALDIRECT, EXEMPLARYINDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL CONSEQUENTIAL OR AGGRAVATED DAMAGES, EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS OR PROFITS, REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGSCUSTOMERS, BUSINESS INTERRUPTIONOPPORTUNITIES, LOSS OF BUSINESS INFORMATIONGOODWILL, LOSS OF BUSINESS OPPORTUNITYUSE, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITYDATA), FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law. FURTHER, in no event shall the aggregate liability of RIM exceed the greater ofNEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (iA) the amount paid by You for the RIM Product(sYOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) at issueTERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SERVICE LEVEL AGREEMENTS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON; (iiB) the amount paid for that portion of the Software at issueTHE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (iiiC) the amount paid for the relevant period of the Paid RIM Service at issueANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS; and OR (ivD) five (5) United States dollars. (c) To the maximum extent permitted by applicable lawANY UNAUTHORIZED ACCESS TO, to the extent RIM is liable to You hereunderALTERATION OF, RIM shall only be liable for damages incurred during the period of such failureOR THE DELETION, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, EXCEPT FOR PAYMENT OBLIGATIONS UNDER SECTION 9.2, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE. THE LIMITATIONS IN THIS SECTION 11 APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIMXXX’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY; (ii) SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN; (iii) NOT APPLY TO THE INDEMNITY OBLIGATIONS SET OUT HEREIN OR MISAPPROPRIATION OR INFRINGEMENT BY EITHER PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY OR A BREACH OF THE SECTIONS OF THIS AGREEMENT ENTITLED: "RULES OF USE FOR BLACKBERRY SOLUTION" (SECTION 3), "SOFTWARE AND DOCUMENTATION LICENSE" (SECTION 2), "INTELLECTUAL PROPERTY" (SECTION 11), "EXPORT, IMPORT AND USE RESTRICTIONS AND U.S. GOVERNMENT LICENSES" (SECTION 12), "CONFIDENTIALITY AND NO REVERSE ENGINEERING" (SECTION 15) AND "USER DATA" (SECTION 25), AND (iv) APPLY IN THE AGGREGATE, TO RIM OR THE RIM GROUP OF COMPANIES, THEIR SUCCESSORS, ASSIGNS, AND AUTHORISED RIM DISTRIBUTORS (INCLUDING AIRTIME SERVICE PROVIDERS ACTING AS AUTHORISED RIM DISTRIBUTORS OF THE SOFTWARE).

Limitations of Liability. SOME COUNTRIES DO Limitation of Damages. WE, THE THIRD PARTY SERVICE PROVIDERS, THE INFORMATION PROVIDERS, INFORMATION TRANSMITTERS, THIRD PARTY RESEARCH PROVIDERS, AND ANY OTHER PERSON INVOLVED IN TRANSMITTING INFORMATION WILL NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL SPECIAL OR AGGRAVATED DAMAGES, INDIRECT DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED YOU ADVISE THEM OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law. THIS INCLUDES, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable lawBUT IS NOT LIMITED TO, to the extent RIM is liable to You hereunderCLAIMS FOR LOST PROFITS, RIM shall only be liable for damages incurred during the period of such failureTRADING LOSSES AND DAMAGES THAT MAY RESULT FROM THE USE, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) INCONVENIENCE, DELAY OR LOSS OF USE OF THE INFORMATION OR FOR OMISSIONS OR INACCURACIES IN THE INFORMATION. AS A CONDITION TO ACCESSING OR RECEIVING THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWINFORMATION OR USING THE ELECTRONIC SERVICES, EACH YOU EXPRESSLY AGREE TO WAIVE ANY CLAIM YOU MAY HAVE AGAINST US, ANY INFORMATION PROVIDER, RESEARCH PROVIDER, THIRD PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTYSERVICE PROVIDER, OR ANY OTHER PERSONS INVOLVED IN TRANSMITTING ANY INFORMATION WE MAKE AVAILABLE TO YOU OR IN PROVIDING THE ELECTRONIC SERVICES. BY ACCESSING OR RECEIVING INFORMATION OR USING THE ELECTRONIC SERVICES, YOU AGREE THAT OUR LIABILITY WHATSOEVER AND THE LIABILITY OF THE THIRD PARTY SERVICE PROVIDERS, THE INFORMATION PROVIDERS, THE THIRD PARTY RESEARCH PROVIDERS, OR ANY OTHER PERSONS INVOLVED IN TRANSMITTING INFORMATION OR PROVIDING THE ELECTRONIC SERVICES ARISING OUT OF ANY CLAIM (WHETHER IN CONTRACT, TORT, UNDER STATUTE TORT OR OTHERWISE. (f) IN ANY WAY CONNECTED WITH THE ELECTRONIC SERVICES OR INFORMATION WILL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE ELECTRONIC SERVICES RELATED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWYOUR CLAIM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST, THE LIMITATIONSEXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, EXCLUSIONS, SO THAT THESE DISCLAIMERS AND DISCLAIMERS IN LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY GIVES YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER LEGAL THEORY;RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

Limitations of Liability. SOME COUNTRIES DO WE AND OUR AFFILIATES OR LICENSORS WILL NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE TO YOU FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIALDIRECT, EXEMPLARYINDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL CONSEQUENTIAL OR AGGRAVATED DAMAGES, EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUESPROFITS, FAILURE TO REALIZE ANY EXPECTED SAVINGSGOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITYUSE, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITYDATA), FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law. FURTHER, in no event shall the aggregate liability of RIM exceed the greater ofNEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (iA) the amount paid by You for the RIM Product(sYOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) at issueTERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SLAS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (iiB) the amount paid for that portion of the Software at issueTHE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable lawANY INVESTMENTS, to the extent RIM is liable to You hereunderEXPENDITURES, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSERVICE OFFERINGS; OR (D) ANY UNAUTHORIZED ACCESS TO, EACH PARTY SHALL ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIABLE LIMITED TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) FOR THE SERVICE THAT GAVE RISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLAIM DURING THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF 12 MONTHS PRECEDING THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;CLAIM.

Limitations of Liability. SOME COUNTRIES DO a. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ARTICLE 6 (e), CARRIER SHALL NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIALBE LIABLE FOR INJURY, INDIRECT DEATH, ILLNESS, DAMAGE, DELAY OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS LOSS TO PERSON OR PROPERTY, OR ANY OTHER CLAIM BY ANY PASSENGER CAUSED BY ACT OF GOD, WAR, TERRORISM, CIVIL COMMOTION, LABOR TROUBLE, GOVERNMENT INTERFERENCE, PERILS OF THE SEA, FIRE, THEFTS OR ANY OTHER CAUSE BEYOND CARRIER’S REASONABLE CONTROL, OR ANY ACT NOT SHOWN TO BE CAUSED BY CARRIER’S NEGLIGENCE. b. PASSENGER AGREES TO SOLELY ASSUME THE RISK OF INJURY, DEATH, ILLNESS OR OTHER LOSS, AND CARRIER IS NOT RESPONSIBLE FOR PASSENGER’S USE OF ANY ATHLETIC OR RECREATIONAL EQUIPMENT; OR FOR THE NEGLIGENCE OR WRONGDOING OF ANY INDEPENDENT CONTRACTORS, INCLUDING BUT NOT LIMITED TO PHOTOGRAPHERS, SPA PERSONNEL OR ENTERTAINERS; OR FOR EVENTS TAKING PLACE OFF THE CARRIER’S VESSELS, LAUNCHES OR TRANSPORTS, OR AS PART OF ANY SHORE EXCURSION, TOUR OR ACTIVITY. x. XXXXXXX HEREBY DISCLAIMS ALL LIABILITY TO THE EXTENT YOU ARE PASSENGER FOR DAMAGES FOR EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY OF ANY KIND UNDER ANY CIRCUMSTANCES, WHEN SUCH DAMAGES WERE NEITHER THE RESULT OF A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) PHYSICAL INJURY TO THE MAXIMUM EXTENT PERMITTED PASSENGER, NOR THE RESULT OF PASSENGER HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY, NOR WERE INTENTIONALLY INFLICTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENTCARRIER. WITHOUT LIMITING THE PRECEDING SENTENCE, IN NO EVENT WILL CARRIER BE LIABLE TO PASSENGER FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES. d. ON CRUISES WHICH DO NOT EMBARK, DISEMBARK OR CALL AT ANY UNITED STATES PORT AND DO NOT EMBARK OR DISEMBARK AT ANY EUROPEAN UNION MEMBER STATE PORT,, CARRIER SHALL RIM BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS, IMMUNITIES AND RIGHTS APPLICABLE TO IT UNDER THE “ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA” OF 1974, AS WELL AS THE “PROTOCOL TO THE ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA” OF 1976 (“ATHENS CONVENTION”). THE ATHENS CONVENTION LIMITS THE CARRIER’S LIABILITY FOR DEATH OR PERSONAL INJURY TO A PASSENGER TO NO MORE THAN 46,666 SPECIAL DRAWING RIGHTS AS DEFINED THEREIN (APPROXIMATELY U.S. $64,500 AS OF FEBRUARY 26, 2015, WHICH AMOUNT FLUCTUATES, DEPENDING ON DAILY EXCHANGE RATE AS PRINTED IN THE WALL STREET JOURNAL). IN ADDITION, AND ON ALL OTHER CRUISES, ALL THE EXEMPTIONS FROM AND LIMITATIONS OF LIABILITY PROVIDED IN OR AUTHORIZED BY THE LAWS OF THE UNITED STATES (INCLUDING TITLE 46, UNITED STATES CODE SECTIONS 30501 THROUGH 30509 AND 30511) WILL APPLY. e. ON CRUISES WHICH ARE BOOKED BY A PASSENGER IN A EUROPEAN UNION MEMBER STATE, OR WHICH EMBARK OR DISEMBARK IN A PORT LOCATED IN A EUROPEAN UNION MEMBER STATE, THE CARRIER SHALL BE ENTITLED TO THE BENEFIT OF ANY AND ALL RESTRICTIONS, EXEMPTIONS, IMMUNITIES, AND LIMITATIONS OF LIABILITY SET FORTH IN EUROPEAN UNION REGULATION 392/2009 ON THE LIABILITY OF CARRIERS TO PASSENGERS IN THE EVENT OF ACCIDENTS (“EU 392/2009”). EU 392/2009 LIMITS CARRIER’S LIABILITY AS FOLLOWS: i. FOR DEATH OR PERSONAL INJURY OF A PASSENGER CAUSED BY A “SHIPPING INCIDENT”, CARRIER’S LIABILITY IS LIMITED TO 250,000 SDR (AS OF FEBRUARY 26, 2016 APPROXIMATELY US $345,000) IF THE SHIPPING INCIDENT OCCURRED WITHOUT CARRIER’S FAULT OR NEGLECT; OTHERWISE CARRIER’S LIABILITY FOR DEATH OR PERSONAL INJURY OF A PASSENGER CAUSED BY A SHIPPING INCIDENT IS LIMITED TO 400,000 SDR (AS OF FEBRUARY 26, 2016 APPROXIMATELY US $553,000.) ii. FOR DEATH OR PERSONAL INJURY OF A PASSENGER CAUSED BY A NON “SHIPPING INCIDENT”, CARRIER’S LIABILITY IS LIMITED TO 400,000 SDR (AS OF FEBRUARY 26, 2016 APPROXIMATELY US $553,000), ASSUMING THAT THE PASSENGER PROVES THAT THE INCIDENT WAS THE RESULT OF CARRIER’S FAULT OR NEGLECT; iii. FOR LOSS OR DAMAGE TO A PASSENGER’S CABIN LUGGAGE, THE CARRIER’S LIABILITY IS LIMITED TO 2250 SDR (AS OF FEBRUARY 26, 2016 APPROXIMATELY US $3,111) PER PASSENGER; AND, iv. THE CARRIER’S INSURANCE PROVIDER WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY SUMS IN EXCESS OF 250,000 SDR (AS OF FEBRUARY 26, 2016 APPROXIMATELY US $345,000) IN RESPECT OF DEATH AND/OR PERSONAL INJURY. THERE ARE LIMITED CIRCUMSTANCES IN WHICH THE CARRIER’S INSURANCE PROVIDER IS NOT REQUIRED TO MAKE A PAYMENT. v. THE VALUE OF THE FOLLOWING TYPES SDR FLUCTUATES DEPENDING ON DAILY EXCHANGE RATES AS PRINTED IN THE WALL STREET JOURNAL. vi. THE TERM “SHIPPING INCIDENT” IS DEFINED IN EU 392/2009 AS FOLLOWS: “SHIPPING INCIDENT” FOR THE PURPOSES OF DAMAGESTHIS REGULATION INCLUDE: CONSEQUENTIALSHIPWRECK, EXEMPLARYCAPSIZING, INCIDENTALCOLLISION OR STRANDING OF THE SHIP, INDIRECTEXPLOSION OR FIRE IN THE SHIP OR DEFECT IN THE SHIP BUT DOES INCLUDING ACTS OF WAR, SPECIALHOSTILITIES, PUNITIVECIVIL WAR, MORAL INSURRECTION, NATURAL DISASTERS OR AGGRAVATED DAMAGESINTENTIONAL ACTS OR OMISSIONS OF THIRD PARTIES.. vii. PUNITIVE DAMAGES ARE EXCLUDED BY EU 392/2009 FOR CRUISES COVERED BY THIS SECTION11.E. viii. A copy of EU 392/2009 IS AVAILABLE AT xxx.xxx-xxx.xxxxxx.xx. f. AS TO ALL OTHER CRUISES NOT DESCRIBED ABOVE IN SECTION 11.D or 11.E, DAMAGES FOR LOSS ALL THE RESTRICTIONS, EXEMPTIONS FROM, AND LIMITATIONS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITYLIABILITY PROVIDED IN, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, AUTHORIZED BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS THE LAWS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTIONUNITED STATES SHALL APPLY, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCETITLE 46 OF THE UNITED STATES CODE §§ 30501 THROUGH 30509, TORTAND 30511. EXCEPT AS OTHERWISE SET FORTH, STRICT LIABILITY, STATUTE, BREACH THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE GENERAL MARITIME LAW OF CONTRACT, OR ANY OTHER LEGAL THEORY;THE UNITED STATES OF AMERICA.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT WILL CGM BE RESPONSIBLE FOR ANY LOSSES TO CUSTOMER OTHER THAN DIRECT LOSSES ARISING SOLELY AS A RESULT OF CGM’S NEGLIGENCE OR WILLFUL MISCONDUCT. NO PARTY TO THIS AGREEMENT SHALL RIM BE REQUIRED TO PAY OR BE LIABLE TO ANY OTHER PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED PUNITIVE DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITYOPPORTUNITY COSTS, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, LOST PROFITS (WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, ARISING FROM ITS NEGLIGENCE AND EVEN IF RIM HAS BEEN ADVISED REGARDLESS OF WHETHER THE PARTY WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY ). CGM SHALL NOT BE LIABLE TO IF THE OTHER ONLY AS EXPRESSLY PROVIDED IN PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATIONIS DELAYED OR RENDERED IMPOSSIBLE DUE TO FIRE, DUTYFLOOD, OR LIABILITY WHATSOEVER WHETHER IN CONTRACTSTRIKE, TORTWAR, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWACT OF TERRORISM, THE LIMITATIONSACT OF GOD, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF GOVERNMENTAL ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;CAUSE BEYOND CGM’S CONTROL. IN ANY SUCH CASE, CGM MAY IN ITS REASONABLE DISCRETION CANCEL ORDERS RESTING ON ELECTRONIC ORDER ENTRY OR EXECUTION SYSTEMS. ORDERS FOR THE ACCOUNT MAY FROM TIME TO TIME BE ENTERED, EXECUTED, OR BOTH THROUGH ELECTRONIC ORDER ENTRY OR EXECUTION SYSTEMS. IN ANY SUCH CASE, CGM SHALL HAVE NO LIABILITY FOR ANY LOSS INCURRED BY CUSTOMER DUE TO THE FAILURE OR MALFUNCTION OF ANY COMPUTER HARDWARE OR SOFTWARE OR TRANSMISSION DEVICE OR SERVICE UTILIZED UNLESS SUCH FAILURE OR MALFUNCTION DIRECTLY RESULTS FROM CGM’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION (a) NEITHER PARTY SHALL BE LIABLE, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR EXCLUSION OF OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT EXEMPLARY OR OTHER PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, THAT IN CONTRACTS WITH CONSUMERS AND ANY WAY ARISE OUT OF, RELATE TO, OR ARE A CONSEQUENCE OF, ITS PERFORMANCE OR NONPERFORMANCE HEREUNDER, OR THE PROVISION OF OR FAILURE TO PROVIDE ANY SERVICE HEREUNDER, EXCEPT TO THE EXTENT YOU THAT SUCH DAMAGES ARE AWARDED TO A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND THIRD PERSON, WHICH AWARD SHALL BE SUBJECT TO THE SPECIFIC REMEDIES SET OUT LIMITATIONS IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE SECTION 6.2(b) APPLICABLE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY A THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPERSON. (b) To the maximum extent permitted by applicable lawTHE AGGREGATE LIABILITY OF EITHER PARTY UNDER THIS AGREEMENT SHALL BE LIMITED TO 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; PROVIDED, in no event shall the aggregate liability of RIM exceed the greater of: HOWEVER, THAT TO THE EXTENT THE INDEMNIFICATION OBLIGATION ARISES FROM A PARTY’S GROSS NEGLIGENCE OR WILLFUL 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 THREE (i3) the amount paid by You for the RIM Product(sTIMES 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; 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) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollarsOR 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 THE TOTAL AMOUNTS PAID OR PAYABLE TO OR BY SUCH PARTY OR ITS AFFILIATES UNDER THIS AGREEMENT. (c) To the maximum extent permitted by applicable lawFOR THE AVOIDANCE OF DOUBT, to the extent RIM is liable to You hereunderTHE PARTIES ACKNOWLEDGE AND AGREE THAT CERTAIN EVENTS AND CLAIMS (INCLUDING LOST DATA, RIM shall only be liable for damages incurred during the period of such failureBUSINESS INTERRUPTION AND CLAIMS OF CLIENTS OR CUSTOMERS) COULD RESULT IN SPECIAL, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWINDIRECT, EACH PARTY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES AS WELL AS DIRECT DAMAGES. IF SUCH DAMAGES ARE DIRECT, SUCH DAMAGES SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND COVERED BY SECTION 6.2(b). IF SUCH DAMAGES ARE SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE, SUCH DAMAGES SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISEBE COVERED BY SECTION 6.2(a). (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER (WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTEEQUITY, OR OTHERWISE) FOR ANY SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, INCLUDING LOST PROFITS AND ANY OTHER DAMAGES WHICH CANNOT BE READILY ASCERTAINED AND QUANTIFIED, FOR ANY BREACH OF CONTRACTA REPRESENTATION OR WARRANTY UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT IF, AFTER THE INVESTOR SHALL HAVE ACTUALLY FUNDED ITS INVESTOR INITIAL FUNDING DATE CONTRIBUTION IN RESPECT OF THE FACILITY COMPANY, ANY PART OF THE ITC IS LOST, REDUCED, RECAPTURED, DISALLOWED OR NOT CLAIMED BECAUSE CLASS B MEMBER OR ITS AFFILIATE, PERSON WITH A DIRECT OR INDIRECT INTEREST THEREIN OR ANY FACILITY ENTITY BREACHES ANY REPRESENTATION, WARRANTY, COVENANT OR OBLIGATION, ANY FEDERAL TAX DETRIMENTS SUFFERED AS RESULT OF SUCH RECAPTURE, LOSS, REDUCTION, DISALLOWANCE OR INABILITY TO CLAIM (INCLUDING WITHOUT LIMITATION, RECOMPUTATION OF TAX, CHANGE IN DISTRIBUTIVE SHARE OF TAX DEPRECIATION OR TAXABLE INCOME OR LOSS, PENALTIES, INTEREST AND ADDITIONS TO TAX) SHALL NOT CONSTITUTE CONSEQUENTIAL DAMAGES. THE OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT ARE OBLIGATIONS OF THE PARTIES ONLY AND NO RECOURSE SHALL BE AVAILABLE UNDER THIS AGREEMENT AGAINST ANY OFFICER, DIRECTOR, MANAGER, MEMBER, PARTNER, OR AFFILIATE OF ANY OTHER LEGAL THEORY;PARTY. [SIGNATURE PAGE FOLLOWS]

Limitations of Liability. SOME COUNTRIES DO a. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ARTICLE 6 (e), CARRIER SHALL NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIALBE LIABLE FOR INJURY, INDIRECT DEATH, ILLNESS, DAMAGE, DELAY OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS LOSS TO PERSON OR PROPERTY, OR ANY OTHER CLAIM BY ANY PASSENGER CAUSED BY ACT OF GOD, WAR, TERRORISM, CIVIL COMMOTION, LABOR TROUBLE, GOVERNMENT INTERFERENCE, PERILS OF THE SEA, FIRE, THEFTS OR ANY OTHER CAUSE BEYOND CARRIER’S REASONABLE CONTROL, OR ANY ACT NOT SHOWN TO BE CAUSED BY CARRIER’S NEGLIGENCE. b. PASSENGER AGREES TO SOLELY ASSUME THE RISK OF INJURY, DEATH, ILLNESS OR OTHER LOSS, AND CARRIER IS NOT RESPONSIBLE FOR PASSENGER’S USE OF ANY ATHLETIC OR RECREATIONAL EQUIPMENT; OR FOR THE NEGLIGENCE OR WRONGDOING OF ANY INDEPENDENT CONTRACTORS, INCLUDING BUT NOT LIMITED TO PHOTOGRAPHERS, SPA PERSONNEL OR ENTERTAINERS; OR FOR EVENTS TAKING PLACE OFF THE CARRIER’S VESSELS, LAUNCHES OR TRANSPORTS, OR AS PART OF ANY SHORE EXCURSION, TOUR OR ACTIVITY. c. CARRIER HEREBY DISCLAIMS ALL LIABILITY TO THE EXTENT YOU ARE PASSENGER FOR DAMAGES FOR EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY OF ANY KIND UNDER ANY CIRCUMSTANCES, WHEN SUCH DAMAGES WERE NEITHER THE RESULT OF A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) PHYSICAL INJURY TO THE MAXIMUM EXTENT PERMITTED PASSENGER, NOR THE RESULT OF PASSENGER HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY, NOR WERE INTENTIONALLY INFLICTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENTCARRIER. WITHOUT LIMITING THE PRECEDING SENTENCE, IN NO EVENT WILL CARRIER BE LIABLE TO PASSENGER FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES. d. ON CRUISES WHICH DO NOT EMBARK, DISEMBARK OR CALL AT ANY UNITED STATES PORT AND DO NOT EMBARK OR DISEMBARK AT ANY EUROPEAN UNION MEMBER STATE PORT,, CARRIER SHALL RIM BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS, IMMUNITIES AND RIGHTS APPLICABLE TO IT UNDER THE “ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA” OF 1974, AS WELL AS THE “PROTOCOL TO THE ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA” OF 1976 (“ATHENS CONVENTION”). THE ATHENS CONVENTION LIMITS THE CARRIER’S LIABILITY FOR DEATH OR PERSONAL INJURY TO A PASSENGER TO NO MORE THAN 46,666 SPECIAL DRAWING RIGHTS AS DEFINED THEREIN (APPROXIMATELY U.S. $64,500 AS OF FEBRUARY 26, 2015, WHICH AMOUNT FLUCTUATES, DEPENDING ON DAILY EXCHANGE RATE AS PRINTED IN THE WALL STREET JOURNAL). IN ADDITION, AND ON ALL OTHER CRUISES, ALL THE EXEMPTIONS FROM AND LIMITATIONS OF LIABILITY PROVIDED IN OR AUTHORIZED BY THE LAWS OF THE UNITED STATES (INCLUDING TITLE 46, UNITED STATES CODE SECTIONS 30501 THROUGH 30509 AND 30511) WILL APPLY. e. ON CRUISES WHICH ARE BOOKED BY A PASSENGER IN A EUROPEAN UNION MEMBER STATE, OR WHICH EMBARK OR DISEMBARK IN A PORT LOCATED IN A EUROPEAN UNION MEMBER STATE, THE CARRIER SHALL BE ENTITLED TO THE BENEFIT OF ANY AND ALL RESTRICTIONS, EXEMPTIONS, IMMUNITIES, AND LIMITATIONS OF LIABILITY SET FORTH IN EUROPEAN UNION REGULATION 392/2009 ON THE LIABILITY OF CARRIERS TO PASSENGERS IN THE EVENT OF ACCIDENTS (“EU 392/2009”). EU 392/2009 LIMITS CARRIER’S LIABILITY AS FOLLOWS: i. FOR DEATH OR PERSONAL INJURY OF A PASSENGER CAUSED BY A “SHIPPING INCIDENT”, CARRIER’S LIABILITY IS LIMITED TO 250,000 SDR (AS OF FEBRUARY 26, 2016 APPROXIMATELY US $345,000) IF THE SHIPPING INCIDENT OCCURRED WITHOUT CARRIER’S FAULT OR NEGLECT; OTHERWISE CARRIER’S LIABILITY FOR DEATH OR PERSONAL INJURY OF A PASSENGER CAUSED BY A SHIPPING INCIDENT IS LIMITED TO 400,000 SDR (AS OF FEBRUARY 26, 2016 APPROXIMATELY US $553,000.) ii. FOR DEATH OR PERSONAL INJURY OF A PASSENGER CAUSED BY A NON “SHIPPING INCIDENT”, CARRIER’S LIABILITY IS LIMITED TO 400,000 SDR (AS OF FEBRUARY 26, 2016 APPROXIMATELY US $553,000), ASSUMING THAT THE PASSENGER PROVES THAT THE INCIDENT WAS THE RESULT OF CARRIER’S FAULT OR NEGLECT; iii. FOR LOSS OR DAMAGE TO A PASSENGER’S CABIN LUGGAGE, THE CARRIER’S LIABILITY IS LIMITED TO 2250 SDR (AS OF FEBRUARY 26, 2016 APPROXIMATELY US $3,111) PER PASSENGER; AND, iv. THE CARRIER’S INSURANCE PROVIDER WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY SUMS IN EXCESS OF 250,000 SDR (AS OF FEBRUARY 26, 2016 APPROXIMATELY US $345,000) IN RESPECT OF DEATH AND/OR PERSONAL INJURY. THERE ARE LIMITED CIRCUMSTANCES IN WHICH THE CARRIER’S INSURANCE PROVIDER IS NOT REQUIRED TO MAKE A PAYMENT. v. THE VALUE OF THE FOLLOWING TYPES SDR FLUCTUATES DEPENDING ON DAILY EXCHANGE RATES AS PRINTED IN THE WALL STREET JOURNAL. vi. THE TERM “SHIPPING INCIDENT” IS DEFINED IN EU 392/2009 AS FOLLOWS: “SHIPPING INCIDENT” FOR THE PURPOSES OF DAMAGESTHIS REGULATION INCLUDE: CONSEQUENTIALSHIPWRECK, EXEMPLARYCAPSIZING, INCIDENTALCOLLISION OR STRANDING OF THE SHIP, INDIRECTEXPLOSION OR FIRE IN THE SHIP OR DEFECT IN THE SHIP BUT DOES INCLUDING ACTS OF WAR, SPECIALHOSTILITIES, PUNITIVECIVIL WAR, MORAL INSURRECTION, NATURAL DISASTERS OR AGGRAVATED DAMAGESINTENTIONAL ACTS OR OMISSIONS OF THIRD PARTIES.. vii. PUNITIVE DAMAGES ARE EXCLUDED BY EU 392/2009 FOR CRUISES COVERED BY THIS SECTION11.E. viii. A copy of EU 392/2009 IS AVAILABLE AT xxx.xxx-xxx.xxxxxx.xx. f. AS TO ALL OTHER CRUISES NOT DESCRIBED ABOVE IN SECTION 11.D or 11.E, DAMAGES FOR LOSS ALL THE RESTRICTIONS, EXEMPTIONS FROM, AND LIMITATIONS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITYLIABILITY PROVIDED IN, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, AUTHORIZED BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS THE LAWS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTIONUNITED STATES SHALL APPLY, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCETITLE 46 OF THE UNITED STATES CODE §§ 30501 THROUGH 30509, TORTAND 30511. EXCEPT AS OTHERWISE SET FORTH, STRICT LIABILITY, STATUTE, BREACH THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE GENERAL MARITIME LAW OF CONTRACT, OR ANY OTHER LEGAL THEORY;THE UNITED STATES OF AMERICA.

Limitations of Liability. SOME COUNTRIES DO WE AND OUR AFFILIATES AND LICENSORS WILL NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE TO YOU FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARYINDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL CONSEQUENTIAL OR AGGRAVATED DAMAGES, EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS OR PROFITS, REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGSCUSTOMERS, BUSINESS INTERRUPTIONOPPORTUNITIES, LOSS OF BUSINESS INFORMATIONGOODWILL, LOSS OF BUSINESS OPPORTUNITYUSE, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITYDATA), FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law. FURTHER, in no event shall the aggregate liability of RIM exceed the greater ofNEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (iA) the amount paid by You for the RIM Product(sYOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) at issueTERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SERVICE LEVEL AGREEMENTS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON; (iiB) the amount paid for that portion of the Software at issueTHE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (iiiC) the amount paid for the relevant period of the Paid RIM Service at issueANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS; and OR (ivD) five (5) United States dollars. (c) To the maximum extent permitted by applicable lawANY UNAUTHORIZED ACCESS TO, to the extent RIM is liable to You hereunderALTERATION OF, RIM shall only be liable for damages incurred during the period of such failureOR THE DELETION, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, EXCEPT FOR PAYMENT OBLIGATIONS UNDER SECTION 9.2, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE. THE LIMITATIONS IN THIS SECTION 11 APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION NEITHER PARTY LIMITS NOR EXCLUDES ITS LIABILITY FOR DEATH OR EXCLUSION OF CONSEQUENTIALPERSONAL INJURY, INDIRECT FRAUD OR ANY OTHER DAMAGES IN CONTRACTS WITH CONSUMERS MATTER THAT CANNOT BE LAWFULLY EXCLUDED. NEVERTHELESS, EACH PARTY’S’S SOLE LIABILITY HEREUNDER SHALL BE LIMITED TO DIRECT AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, OBJECTIVELY MEASURABLE DAMAGES. IN NO EVENT SHALL RIM EITHER PARTY BE LIABLE TO ANYONE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIALINDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL CONSEQUENTIAL OR AGGRAVATED DAMAGES, OTHER DAMAGES FOR OF ANY TYPE OR KIND (INCLUDING LOSS OF BUSINESS PROFITS OR REVENUESDATA, FAILURE TO REALIZE ANY EXPECTED SAVINGSREVENUE, PROFITS, USE, BUSINESS INTERUPTIONS OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE C3 HUB, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE C3 HUB, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE C3 HUB, ANY INTERRUPTION, LOSS INACCURACY, ERROR OR OMISSION, REGARDLESS OF BUSINESS INFORMATIONCAUSE IN THE CONTENT, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM THE PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. . EXCEPT FOR LIABILITIES ARISING FROM A CLAIM RELATED TO DEATH, PERSONAL INJURIES, FRAUD OR PURSUANT TO SECTION 10 (bMUTUAL INDEMNIFICATION) To the maximum extent permitted by applicable lawOR SECTION 4 (CUSTOMER USE OF THE C3 HUB), in no event shall the aggregate liability of RIM exceed the greater of: IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM THE CUSTOMER IN THE TWELVE (i12) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable lawMONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IF NO SUCH AMOUNT WAS PAID AND/OR IS DUE YET, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY THEN IT SHALL BE LIABLE THE AMOUNT REPRESENTING THE CURRENT BASE COST PER TRANSACTION MULTIPLIED BY THE NUMBER OF TRANSACTION EXECUTED BY THE CUSTOMER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THE OTHER ONLY AS EXPRESSLY PROVIDED PARTIES ACKNOWLEDGE THAT THESE LIMITATIONS ON POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISEAGREEMENT. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;

Limitations of Liability. SOME COUNTRIES DO We are not responsible or liable for the acts, omissions, systems or services provided by the Licensor or any of the provisions of Part Two of this Agreement, which is the responsibility of the Licensor. WE, INCLUDING OUR AFFILIATES AND AGENTS, ARE NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE RESPONSIBLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIALLOSS, EXEMPLARY, INCIDENTALDAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, MORAL EXEMPLARY, OR AGGRAVATED CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING ARISING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS THE APP 8 SOFTWARE, AND/OR THE INSTALLATION OR MAINTENANCE THEREOF, ACCESS TO OR USE OF THE SERVICE, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, OR INCOMPATIBILITY OF COMPUTER HARDWARE OR APP SOFTWARE, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT OR UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED USE OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable lawSERVICE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable lawTIMELY, to the extent RIM is liable to You hereunderSECURE, RIM shall only be liable for damages incurred during the period of such failureFREE FROM DEFECTS OR VIRUSES, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) OR ERROR-FREE. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT WE, INCLUDING OUR AFFILIATES AND SHALL HAVE NO OTHER OBLIGATIONAGENTS, DUTYDISCLAIM ALL REPRESENTATIONS, OR LIABILITY WHATSOEVER WHETHER IN CONTRACTWARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, TORTIMPLIED, UNDER STATUTE STATUTORY OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, INCLUDING BUT NOT LIMITED TOTO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NEGLIGENCETITLE, TORTAND NON- INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICE AND ALL INFORMATION SERVICES AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, PRODUCTS AND CONTENT) INCLUDED IN OR ANY OTHER LEGAL THEORY;ACCESSIBLE THROUGH THE SERVICE.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW YOU AGREE THAT QCNY’S TOTAL LIABILITY ON ANY AND ALL CAUSES OF ACTION OR CLAIMS FOR LOSSES OR DAMAGES UNDER ANY THEORY OF LIABILITY, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM ANY PURCHASE MADE BY YOU, OR FROM THE LIMITATION PERFORMANCE OR EXCLUSION BREACH OF CONSEQUENTIAL, INDIRECT THE AGREEMENT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND FROM THE PROVISION OR SALE OF ANY SERVICES OR GOODS PROVIDED TO YOU WILL BE LIMITED TO THE AMOUNTS PAID BY YOU TO QCNY FOR THE GOODS OR SERVICES AT ISSUE DURING THE PRIOR TWELVE (12) MONTH PERIOD PRECEDING THE DATE THAT YOUR CLAIM FOR LIABILITY ARISES HEREUNDER. TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENTLAW, IN NO EVENT SHALL RIM WILL QCNY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, HEIRS, ASSIGNS, SUPPLIERS, LICENSORS, AGENTS OR SUBCONTRACTORS OR OTHERS INVOLVED IN PROVIDING THE SPA SERVICES OR PRODUCTS (COLLECTIVELY, THE “COVERED PARTIES”) BE LIABLE FOR (1) ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTALDIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, MORAL EXEMPLARY, COMPENSATORY OR AGGRAVATED CONSEQUENTIAL DAMAGES WHATSOEVER; (2) ANY DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION INJURY OR LOSS OF DATA ARISING FROM OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE IN ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR WAY RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USEACCESS, AND ENJOYMENT OF THE PERFORMANCE QCNY SPA OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTIONPRODUCTS, OR ACTIONS BY ANY THIRD PARTIES INCLUDING OTHER CUSTOMERS, GUESTS OR CONTRACTORS WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, , OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS THE COVERED PARTIES HAVE BEEN ADVISED WARNED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable lawLOSS, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable lawINJURY OR DAMAGE. FOR THE AVOIDANCE OF DOUBT, to the extent RIM is liable to You hereunderYOU HEREBY EXPRESSLY AGREE THAT THE CATEGORIES OF DAMAGES DESCRIBED HEREIN CONSTITUTE SPECIAL, RIM shall only be liable for damages incurred during the period of such failureINCIDENTAL, delay or non- performance of Your BlackBerry Solution. (d) PUNITIVE OR CONSEQUENTIAL DAMAGES REGARDLESS OF WHETHER SUCH DAMAGES WOULD BE CONSIDERED DIRECT DAMAGES UNDER ANY APPLICABLE LAW GOVERNING THE AGREEMENT. YOU AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Nothing in this Section the Agreement removes or limits RIMQCNY’s liability to You in the event of death for intentional wrongdoing or bodily injury to the extent resulting directly from RIM’s gross negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW NOTWITHSTANDING ANYTHING TO THE LIMITATION OR EXCLUSION OF CONSEQUENTIALCONTRARY CONTAINED IN THIS AGREEMENT, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND EXCEPT TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.PROHIBITED BY LAW: (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT VERIFONE SHALL RIM NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER ENTITY OR PERSON FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARYSPECIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL EXEMPLARY OR AGGRAVATED DAMAGES, CONSEQUENTIAL DAMAGES FOR LOSS (INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM USE OR MALFUNCTION OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTIONTHE PRODUCTS, LOSS OF BUSINESS INFORMATIONUSE, LOSS OF BUSINESS OPPORTUNITYBUSINESS, LOSS OF PROFITS OR REVENUE, CHARGE-BACKS, EQUIPMENT OR SOFTWARE ACQUIRED BY YOU OR YOUR SUBCONTRACTORS OR AGENTS IN ORDER TO EFFECTUATE THIS AGREEMENT, LOSS OF GOODWILL OR SAVINGS, DOWNTIME, OR CORRUPTION DAMAGE TO, LOSS OF OR LOSS REPLACEMENT OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTIONTRANSACTIONS, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF PROCUREMENT OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED ) RELATING IN ANY MANNER TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTIONTHE PRODUCTS, INCLUDING THE USESOFTWARE OR SERVICES (WHETHER ARISING FROM CLAIMS BASED IN WARRANTY, INABILITY TO USECONTRACT, THE PERFORMANCE TORT OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTIONOTHERWISE), WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED VERIFONE IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable lawIN ANY EVENT, in no event shall the aggregate liability of RIM exceed the greater of: VERIFONE'S ENTIRE LIABILITY IN CONNECTION WITH THIS AGREEMENT, THE PRODUCTS, SOFTWARE AND THE SERVICES SHALL BE LIMITED IN THE AGGREGATE TO THE AMOUNTS ACTUALLY PAID TO VERIFONE FOR THE PRODUCTS, SOFTWARE OR SERVICES GIVING RISE TO SUCH LIABILITY DURING THE SIX (i6) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollarsMONTHS PRIOR TO THE CLAIM ARISING. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE. THIS LIMITATION SHALL NOT APPLY TO LIABILITY FOR DEATH, PERSONAL INJURY OF A PHYSICAL NATURE OR DAMAGE TO TANGIBLE PROPERTY CAUSED BY VERIFONE’S NEGLIGENCE OR INTENTIONAL MISCONDUCT. (c) To No action, regardless of form, arising out of or in connection with this Agreement may be brought by either Party more than one (1) year after the maximum extent permitted by applicable lawfirst day that the cause of action first occurred, to except for an action for nonpayment for the extent RIM is liable to You Products and services hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIALPURCHASER AGREE THAT, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH IN NO EVENT SHALL THE LIABILITY OF ALL INDEMNIFIED PARTIES TO PURCHASER HEREUNDER OR OTHERWISE IN RESPECT OF THE PRODUCTS EXCEED THE AMOUNT PURCHASER HAVE PAID FOR THE PRODUCTS OR SERVICES OR THE RIGHTS TO USE THE SOFTWARE IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE TIME THE CAUSE OF ACTION AROSE, SUBJECT TO ANY LESSER LIMITATION OF LIABILITY IN ANY TERMS INCORPORATED HEREIN BY REFERENCE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SHALL BE LIABLE TO THE TERMS) IF APPLICABLE. NOTWITHSTANDING ANY OTHER ONLY AS EXPRESSLY PROVIDED PROVISION IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATIONAGREEMENT, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONSIN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY SPECIAL, EXCLUSIONSINCIDENTAL, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING LOSS OF THE NATURE REVENUE OR PROFITS, LOSS OF THE CAUSE DATA, BUSINESS INFORMATION OR LOSS OF ACTIONUSE THEREOF, DEMAND FAILURE TO REALIZE EXPECTED PROFITS OR ACTION BY YOU INCLUDINGSAVINGS, BUT NOT LIMITED TOCOST OF CAPITAL, NEGLIGENCELOSS OF BUSINESS OPPORTUNITIES, TORT, STRICT LIABILITY, STATUTE, BREACH LOSS OF CONTRACT, GOODWILL OR ANY OTHER LEGAL THEORY;NON-DIRECT, PECUNIARY, COMMERCIAL OR ECONOMIC LOSS OR DAMAGE OF ANY KIND WHETHER FORESEEN OR UNFORESEEN ARISING FROM OR INCIDENTAL TO THIS AGREEMENT. FOR GREATER CERTAINTY, THE FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY SHALL NOT APPLY TO (A) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER; OR (B) INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIALEXCEPT FOR INDEMNIFICATION OBLIGATIONS HEREUNDER, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, CUSTOMER’S FAILURE TO REALIZE PAY FEES HEREUNDER, ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES VIOLATION ARISING OUT OF SECTION 1 (SERVICE ACCESS & USE), AND/OR RELATED TO THIS AGREEMENT ANY INFRINGEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED VIOLATION OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable lawPRODUCT TERMS OR MAPBOX’S INTELLECTUAL PROPERTY RIGHTS, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH IN NO EVENT WILL: (A) EITHER PARTY SHALL (AND/OR MAPBOX LICENSORS/SUPPLIERS) BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED PARTY UNDER OR IN CONNECTION WITH THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION(UNDER ANY THEORY OF LIABILITY, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. ) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (fINCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST BUSINESS OPPORTUNITIES OR LOST DATA) OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES AND/OR GOODS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND (B) EACH PARTY’S AGGREGATE, CUMULATIVE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE TOTAL FEES PAID OR PAYABLE TO MAPBOX FOR THE RELEVANT SERVICE OFFERING DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRIOR TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVENT GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS FOREGOING LIMITATIONS SHALL APPLY EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE. MULTIPLE CLAIMS SHALL NOT EXPAND THE LIMITATIONS SPECIFIED IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;SECTION.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIALEXCEPT FOR LIABILITY WHICH, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. BY LAW, CANNOT BE LIMITED (a) “EXCLUDED CLAIMS”), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW LAW, AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, : 11.1 IN NO EVENT SHALL RIM WE OR ANY MEMBER OF OUR TEAM BE LIABLE OR RESPONSIBLE TO YOU FOR ANY LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA (WHERE SUCH DATA IS LOST IN THE COURSE OF TRANSMISSION FROM YOUR SYSTEMS OR OVER THE FOLLOWING TYPES INTERNET THROUGH NO FAULT OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGSOURS), BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODSGOODWILL, COSTS OF COVER, FACILITIES COVER OR SERVICES, COST OF CAPITALREPLACEMENT, OR FOR ANY OTHER SIMILAR PECUNIARY LOSSES ARISING OUT TYPE OF INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR RELATED TO PUNITIVE LOSS OR DAMAGES, OR FOR ANY OTHER INDIRECT LOSS OR DAMAGES INCURRED BY YOU OR YOUR AFFILIATES IN CONNECTION WITH THIS AGREEMENT REGARDLESS OF WHETHER YOU OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES. (b) To the maximum extent permitted by applicable law11.2 OUR TOTAL AGGREGATE LIABILITY TO YOU, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACTANY AFFILIATE, OR ANY THIRD PARTY ARISING OUT OF THE AGREEMENT, THE SITE (AS APPLICABLE) OR ANY OF OUR SERVICES (INCLUDING, WITHOUT LIMITATION, PAYMENT SERVICES AND PROFESSIONAL SERVICES) SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU OVER A PERIOD OF ONE (1) MONTH FROM THE TIME PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE GIVING RISE TO SUCH LIABILITY. MULTIPLE CLAIMS WILL NOT INCREASE THE MAXIMUM AGGREGATE LIMIT DESCRIBED HEREIN. 11.3 YOU ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE FEES CHARGED, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF WE WERE TO ASSUME ANY FURTHER LIABILITY OTHER LEGAL THEORY;THAN AS SET FORTH HEREIN. THE PARTIES AGREE THAT THE LIABILITY LIMITS SET FORTH HEREIN ARE A MATERIAL BASIS OF THE BARGAIN AND ARE INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THE AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. 11.4 TIME LIMITATION. YOU FURTHER AGREE THAT ANY CLAIM WHICH YOU MAY HAVE AGAINST US MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE, OTHERWISE THE CLAIM SHALL BE PERMANENTLY BARRED.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND NOTWITHSTANDING ANYTHING TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT CONTRARY IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL XXXX WILL NOT BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) OR FOR LOST DATA SUSTAINED OR INCURRED IN CONNECTION WITH THE OTHER ONLY HARDWARE, SOFTWARE, SERVICES, OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE. IN ADDITION, XXXX’X TOTAL LIABILITY TO CUSTOMER FOR DAMAGES ARISING OUT OF OR RELATING TO THE HARDWARE, SOFTWARE, SERVICES, AND THIS AGREEMENT WILL IN NO EVENT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER TO XXXX UNDER THIS AGREEMENT UNDER THE ORDER FOR THE HARDWARE, SOFTWARE OR SERVICE GIVING RISE TO THE APPLICABLE CLAIM. XXXX IS NOT LIABLE FOR DAMAGES CAUSED IN ANY PART BY CUSTOMER’S NEGLIGENCE OR INTENTIONAL ACTS OR, EXCEPT AS EXPRESSLY PROVIDED SET FORTH HEREIN, FOR ANY CLAIM AGAINST CUSTOMER OR ANYONE ELSE BY ANY THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE EXCLUSIONS AND/OR LIMITATIONS MAY NOT APPLY TO CUSTOMER. THE PARTIES AGREE THAT THE LIABILITY AND WARRANTY LIMITATIONS SET FORTH IN THIS AGREEMENT ARE A REASONABLE ALLOCATION OF RISK AND LIABILITY CONSIDERING THE RESPECTIVE BENEFITS OBTAINED HEREUNDER. THE FOREGOING LIMITATIONS SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISEAPPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW A. THE LIMITATION TOTAL LIABILITY OF SELLER, INCLUDING ITS SUBCONTRACTORS OR EXCLUSION OF CONSEQUENTIALSUPPLIERS, INDIRECT ON ANY AND ALL CLAIMS WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS INTELLECTUAL PROPERTY INFRINGEMENT) OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OTHERWISE, ARISING OUT IN THIS AGREEMENTOF, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIALCONNECTED WITH, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTIONANY AGREEMENT RESULTING HEREFROM OR FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR, REPLACEMENT OR USE OF ANY EQUIPMENT OR THE FURNISHING OF ANY SERVICE, SHALL NOT EXCEED THE PRICE ALLOCABLE TO THE EQUIPMENT OR SERVICE WHICH GIVES RISE TO THE CLAIM. EXCEPT AS TO TITLE ANY SUCH LIABILITY SHALL TERMINATE UPON THE EXPIRATION OF THE APPLICABLE WARRANTY PERIOD SPECIFIED IN THE ARTICLE ENTITLED “WARRANTY”. B. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR NOT SUCH DAMAGES WERE FORESEEN INTELLECTUAL PROPERTY INFRINGEMENT) OR UNFORESEENOTHERWISE, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable lawSHALL SELLER, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable lawOR ITS SUBCONTRACTORS OR SUPPLIERS, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATIONFOR ANY SPECIAL, DUTYCONSEQUENTIAL, INCIDENTAL, INDIRECT OR LIABILITY WHATSOEVER WHETHER IN CONTRACTEXEMPLARY DAMAGES, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCELOSS OF PROFIT OR REVENUES, TORTLOSS OF USE OF THE EQUIPMENT OR ANY ASSOCIATED EQUIPMENT, STRICT LIABILITYCOST OF CAPITAL, STATUTECOST OF SUBSTITUTE GOODS, BREACH FACILITIES, SERVICES OR REPLACEMENT POWER, DOWNTIME COSTS OR CLAIMS OF CONTRACTBUYERS CUSTOMERS FOR SUCH DAMAGES. IF BUYER TRANSFERS TITLE TO, OR LEASES THE EQUIPMENT SOLD HEREUNDER TO, OR OTHERWISE PERMITS OR SUFFERS USE BY, ANY OTHER LEGAL THEORY;THIRD PARTY, BUYER SHALL OBTAIN FROM SUCH THIRD PARTY A PROVISION AFFORDING SELLER AND ITS SUBCONTRACTORS AND SUPPLIERS THE PROTECTION OF THE PRECEDING SENTENCE.

Limitations of Liability. SOME COUNTRIES DO WE AND OUR AFFILIATES OR LICENSORS WILL NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE TO YOU FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIALDIRECT, EXEMPLARYINDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL CONSEQUENTIAL OR AGGRAVATED DAMAGES, EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUESPROFITS, FAILURE TO REALIZE ANY EXPECTED SAVINGSGOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITYUSE, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITYDATA), FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law. FURTHER, in no event shall the aggregate liability of RIM exceed the greater ofNEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (iA) the amount paid by You for the RIM Product(sYOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) at issueTERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SLAs, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (iiB) the amount paid for that portion of the Software at issueTHE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable lawANY INVESTMENTS, to the extent RIM is liable to You hereunderEXPENDITURES, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSERVICE OFFERINGS; OR (D) ANY UNAUTHORIZED ACCESS TO, EACH PARTY SHALL ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIABLE LIMITED TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) FOR THE SERVICE THAT GAVE RISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLAIM DURING THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF 12 MONTHS PRECEDING THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;CLAIM.

Limitations of Liability. SOME COUNTRIES DO We are not responsible or liable for the acts, omissions, systems or services provided by the Licensor or any of the provisions of Part Two of this Agreement, which is the responsibility of the Licensor. WE, INCLUDING OUR AFFILIATES AND AGENTS, ARE NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE RESPONSIBLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIALLOSS, EXEMPLARY, INCIDENTALDAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, MORAL EXEMPLARY, OR AGGRAVATED CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING ARISING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS THE APP SOFTWARE, AND/OR THE INSTALLATION OR MAINTENANCE THEREOF, ACCESS TO OR USE OF THE SERVICE, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, OR INCOMPATIBILITY OF COMPUTER HARDWARE OR APP SOFTWARE, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT OR UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED USE OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable lawSERVICE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable lawTIMELY, to the extent RIM is liable to You hereunderSECURE, RIM shall only be liable for damages incurred during the period of such failureFREE FROM DEFECTS OR VIRUSES, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) OR ERROR-FREE. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT WE, INCLUDING OUR AFFILIATES AND SHALL HAVE NO OTHER OBLIGATIONAGENTS, DUTYDISCLAIM ALL REPRESENTATIONS, OR LIABILITY WHATSOEVER WHETHER IN CONTRACTWARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, TORTIMPLIED, UNDER STATUTE STATUTORY OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, INCLUDING BUT NOT LIMITED TOTO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NEGLIGENCETITLE, TORTAND NON- INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICE AND ALL INFORMATION SERVICES AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, PRODUCTS AND CONTENT) INCLUDED IN OR ANY OTHER LEGAL THEORY;ACCESSIBLE THROUGH THE SERVICE.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW NOTWITHSTANDING ANYTHING TO THE LIMITATION OR EXCLUSION OF CONSEQUENTIALCONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND EXCEPT TO THE EXTENT PROHIBITED BY LAW: (A) VERIFONE SHALL HAVE NO LIABILITY TO YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. ANY THIRD PARTY FOR (aI) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARYSPECIAL, INCIDENTAL, INDIRECT, SPECIALEXEMPLARY, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, CONSEQUENTIAL DAMAGES FOR OR (II) LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTIONUSE, LOSS OF BUSINESS INFORMATIONBUSINESS, LOSS OF BUSINESS OPPORTUNITYPROFITS, REVENUE, GOODWILL OR SAVINGS, DOWNTIME, OR CORRUPTION DAMAGE TO, LOSS OF OR LOSS REPLACEMENT OF DATA OR BREACHES OF DATA SECURITYTRANSACTIONS, FAILURES CHARGE-BACKS, EQUIPMENT PURCHASED OR ACQUIRED BY YOU OR YOUR SUBCONTRACTORS OR AGENTS IN ORDER TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTIONEFFECTUATE THESE TERMS AND CONDITIONS, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF PROCUREMENT OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES PRODUCTS OR SERVICES, COST REGARDLESS OF CAPITALWHETHER SUCH LOSSES ARE DIRECT LOSSES OR INDIRECT LOSSES, IN EACH CASE (I) AND (II) RELATING IN ANY MANNER TO THESE TERMS AND CONDITIONS OR OTHER SIMILAR PECUNIARY LOSSES ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER AND WHETHER ARISING OUT OF FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTIONOTHERWISE, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM VERIFONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issueCLAIM OR DAMAGE; (iiB) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable lawIN ANY CASE, to the extent RIM is liable to You hereunderVERIFONE’S ENTIRE LIABILITY RELATING IN ANY MANNER TO THESE TERMS AND CONDITIONS AND ANY PRODUCTS AND SERVICES PROVIDED HEREUNDER, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE REGARDLESS OF THE FORM OR NATURE OF THE CAUSE OF ACTIONCLAIM, DEMAND OR ACTION SHALL BE LIMITED TO YOUR DIRECT AND DOCUMENTED DAMAGES, AND WHICH LIABILITY WILL BE LIMITED IN THE AGGREGATE TO THE FEES ACTUALLY PAID BY YOU INCLUDING, BUT FOR THE PRODUCS AND SERVICES DURING THE SIX (6) MONTHS PRIOR TO THE CLAIM ARISING (WHICH SHALL NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR INCLUDE ANY OTHER LEGAL THEORY;FEES PAID BY YOU WITH RESPECT TO ANY THIRD-PARTY SERVICES); AND

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL IN NO EVENT WILL JASPER BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATIONUNDER ANY LEGAL OR EQUITABLE THEORY, DUTYINCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR LIABILITY WHATSOEVER 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 GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER IN CONTRACTXXXXXX WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. UNDER NO CIRCUMSTANCES WILL XXXXXX BE RESPONSIBLE FOR ANY DAMAGE, TORTLOSS OR INJURY RESULTING FROM HACKING, UNDER STATUTE TAMPERING OR OTHERWISE. (f) OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XXXXXX ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE LIMITATIONSSERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) 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 SERVICES; AND/OR (VII) CUSTOMER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL JASPER, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS’ 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, OR OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO JASPER UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $50.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF XXXXXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND DISCLAIMERS IN LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT SHALL: (i) WILL NOT APPLY IRRESPECTIVE OF TO THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION EXTENT PROHIBITED BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;APPLICABLE LAW.

Limitations of Liability. SOME COUNTRIES DO (i) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR OTHERWISE, NEURONETICS WILL NOT ALLOW THE LIMITATION OR EXCLUSION OF BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT INDIRECT, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST REVENUE OR LOST PROFITS, LOSS OF DATA, LITIGATION EXPENSES, DAMAGE TO REPUTATION, LOSS OF BUSINESS, OR ANY OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING IN CONNECTION WITH THE SALE, LICENSE, INSTALLATION, PERFORMANCE, FAILURE, USE, OR INTERRUPTED USE OF PRODUCTS, OR FROM NEURONETICS’ NEGLIGENCE OR OTHER DAMAGES FAULT IN CONTRACTS WITH CONSUMERS AND CONNECTION THEREWITH. NOTWITHSTANDING ANYTHING TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS CONTRARY IN THIS SECTION MAY AGREEMENT OR OTHERWISE, NEURONETICS’ LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RESULTING FROM THIS AGREEMENT, ITS PERFORMANCE OR BREACH HEREOF, OR IN CONNECTION WITH ANY PRODUCTS OR SERVICE, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, INDEMNIFICATION, OR OTHERWISE, WILL NOT APPLY EXCEED THE TOTAL OF ALL SUMS PAID BY CUSTOMER TO YOUNEURONETICS FOR SUCH PRODUCTS OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. (aii) TO CUSTOMER ACKNOWLEDGES THAT THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW LIMITATIONS OF LIABILITY AND SUBJECT TO 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 SPECIFIC REMEDIES PURCHASE PRICE OF PRODUCTS AND OTHER FEES AND CHARGES IN RELIANCE ON THE DISCLAIMERS OF WARRANTY AND LIMITATIONS AND EXCLUSIONS OF LIABILITY SET OUT FORTH IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY AND THAT SUCH DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS FORM AN ESSENTIAL BASIS OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF BARGAIN BETWEEN THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPARTIES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;

Limitations of Liability. SOME COUNTRIES DO WE AND OUR AFFILIATES, VARS AND LICENSORS WILL NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE TO YOU FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIALDIRECT, EXEMPLARYINDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL CONSEQUENTIAL OR AGGRAVATED DAMAGES, EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUESPROFITS, FAILURE TO REALIZE ANY EXPECTED SAVINGSGOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITYUSE, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITYDATA), FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law. FURTHER, in no event shall the aggregate liability of RIM exceed the greater ofNEITHER WE NOR ANY OF OUR AFFILIATES, VARS OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (iA) the amount paid by You for the RIM Product(sYOUR INABILITY TO USE THE SUBSCRIPTION SERVICE, INCLUDING AS A RESULT OF ANY (I) at issueTERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SUBSCRIPTION SERVICE, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SUBSCRIPTION SERVICE OFFERINGS, OR, (III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SUBSCRIPTION SERVICE FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (iiB) the amount paid for that portion of the Software at issueTHE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable lawANY INVESTMENTS, to the extent RIM is liable to You hereunderEXPENDITURES, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSUBSCRIPTION SERVICE; OR (D) ANY UNAUTHORIZED ACCESS TO, EACH PARTY SHALL ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, OUR AND OUR AFFILIATES’, VARS’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIABLE LIMITED TO THE OTHER ONLY LESSER OF $5,000 OR THE AMOUNT YOU ACTUALLY PAY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) FEES FOR THE SUBSCRIPTION SERVICE TO YOUR VAR FOR THE SUBSCRIPTION SERVICE THAT GAVE RISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLAIM DURING THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF 12 MONTHS PRECEDING THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;CLAIM.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW 6.1 EACH REPRESENTATIVE AND ANY OTHER PERSONS VISITING THE LIMITATION HOSTED SOLUTIONS INTERNET UTILITY CENTERS DOES SO AT ITS OWN RISK AND HOSTED SOLUTIONS ASSUMES NO LIABILITY WHATSOEVER FOR ANY HARM TO SUCH PERSONS RESULTING FROM ANY CAUSE OTHER THAN HOSTED SOLUTIONS GROSS NEGLIGENCE OR EXCLUSION WILLFUL MISCONDUCT RESULTING IN PERSONAL INJURY TO SUCH PERSONS DURING SUCH A VISIT. 6.2 HOSTED SOLUTIONS ASSUMES NO LIABILITY FOR ANY DAMAGE TO, OR LOSS RELATING TO, CUSTOMER’S BUSINESS RESULTING FROM ANY CAUSE WHATSOEVER, OTHER THAN FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF CONSEQUENTIALHOSTED SOLUTIONS OR A BREACH OF THIS AGREEMENT BY HOSTED SOLUTIONS. CERTAIN CUSTOMER EQUIPMENT MAY BE DIRECTLY ACCESSIBLE BY OTHER CUSTOMERS. HOSTED SOLUTIONS ASSUMES NO LIABILITY FOR ANY DAMAGE TO, INDIRECT OR LOSS OF, ANY CUSTOMER EQUIPMENT RESULTING FROM ANY CAUSE OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND THAN HOSTED SOLUTIONS GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR BREACH OF THIS AGREEMENT. TO THE EXTENT YOU ARE A CONSUMER HOSTED SOLUTIONS IS LIABLE FOR ANY DAMAGE TO, OR LOSS OF, THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY CUSTOMER EQUIPMENT FOR ANY REASON, SUCH LIABILITY WILL BE LIMITED SOLELY TO YOUTHE THEN-CURRENT REPLACEMENT COST OF THE CUSTOMER’S EQUIPMENT SO DAMAGED. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW 6.3 EXCEPT AS SPECIFIED IN SECTIONS 6.1 AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT6.2, IN NO EVENT SHALL RIM WILL HOSTED SOLUTIONS BE LIABLE FOR TO CUSTOMER, ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTIONREPRESENTATIVE, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTIONOTHERWISE. INCLUDING ANY LOST REVENUE, INCLUDING THE USELOST PROFITS, INABILITY TO USEREPLACEMENT GOODS, THE PERFORMANCE LOSS OF TECHNOLOGY, RIGHTS OR NON-PERFORMANCE SERVICES. INCIDENTAL, PUNITIVE. INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF YOUR BLACKBERRY SOLUTIONDATA, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN INTERRUPTION OR UNFORESEEN, AND LOSS OF USE OF SERVICE OR CUSTOMER’S BUSINESS. EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER . WHETHER IN UNDER THEORY OF CONTRACT, TORT, UNDER STATUTE STRICT LIABILITY OR OTHERWISE. (f) OTHERWISE NOTWITHSTANDING ANYTHING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS CONTRARY IN THIS AGREEMENT, HOSTED SOLUTIONS MAXIMUM AGGREGATE LIABILITY TO CUSTOMER RELATED TO OR IN CONNECTION WITH THIS AGREEMENT SHALL: WILL BE LIMITED TO THE TOTAL AMOUNT PAID BY CUSTOMER TO HOSTED SOLUTIONS HEREUNDER FOR THE PRIOR TWELVE (i12) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;MONTH PERIOD.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW 8.1 CUSTOMER ASSUMES THE LIMITATION ENTIRE COST OF ANY DAMAGES RESULTING FROM CUSTOMER’S USE OF THE SUBSCRIPTION SERVICE, EMBEDDED TECHNOLOGY OR EXCLUSION OF INTEGRATED SERVICES (THE “SERVICES”), THE INFORMATION CONTAINED IN OR COMPILED IN THE SERVICES, THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY COMPANY OR A THIRD PARTY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL THE COMPANY OR ITS SUPPLIERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT SPECIAL, DIRECT, EXEMPLARY, INDIRECT, RELIANCE, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, REVENUE OR SAVINGS, BUSINESS INTERRUPTION, BUSINESS OPPORTUNITIES, LOSS OR CORRUPTION OF BUSINESS INFORMATION OR ANY PERSONAL OR CUSTOMER DATA, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE DISRUPTION, IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS, OR LOSS OF LIFE) ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE USE OR INABILITY TO USE THE SERVICES, OR THE INCOMPATIBILITY OF THE SERVICES WITH ANY HARDWARE, SOFTWARE OR USAGE, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES IN CONTRACTS WITH CONSUMERS ARE SOUGHT, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. TO THE EXTENT YOU ARE A CONSUMER PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT. IF ANY EXCLUSION, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, DISCLAIMER OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED PROVISION CONTAINED IN THIS AGREEMENT IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION OR ARBITRATOR AND SHALL HAVE NO OTHER OBLIGATION, DUTY, THE COMPANY BECOMES LIABLE THEREBY FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED THE COMPANY’S TOTAL LIABILITY WHATSOEVER TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE TOTAL AMOUNT PAID IN SUBSCRIPTION FEES TO THE COMPANY UNDER THIS AGREEMENT FOR THE THREE MONTHS PRIOR TO A CLAIM OF DAMAGES BEING BROUGHT BY CUSTOMER WHETHER IN CONTRACT, TORT, UNDER STATUTE TORT OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;

Limitations of Liability. SOME COUNTRIES STREAM WILL ENDEAVOR TO PROVIDE SERVICE IN A COMMERCIALLY REASONABLE MANNER: HOWEVER WE DO NOT ALLOW THE LIMITATION OR EXCLUSION GUARANTEE A CONTINUOUS SUPPLY OF CONSEQUENTIALELECTRICAL ENERGY. EVENTS THAT ARE OUTSIDE OF OUR CONTROL, INDIRECT OR OTHER DAMAGES REFERRED TO AS FORCE MAJEURE EVENTS, MAY RESULT IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY SERVICE INTERRUPTIONS. STREAM WILL NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY SERVICE INTERRUPTIONS CAUSED BY FORCE MAJEURE EVENTS. STREAM DOES NOT GENERATE ELECTRICITY, NOR DOES IT TRANSPORT IT FROM THE GENERATION POINT TO CUSTOMER’S SERVICE ADDRESS, NOR DOES STREAM OWN OR OPERATE SERVICES RELATED TO THE CUSTOMER’S METER. CUSTOMER SPECIFICALLY AGREES THAT STREAM HAS NO LIABILITY OR RESPONSIBILITY FOR THE OPERATIONS OF THE FOLLOWING TYPES LOCAL DISTRIBUTION UTILITY OR INDEPENDENT OPERATOR AND MAINTENANCE OF DAMAGES: CONSEQUENTIALITS SYSTEM OR THE ELECTRICAL GRID SYSTEM, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITYAS APPLICABLE, OR CORRUPTION FOR INTERRUPTIONS, TERMINATION, REPAIR OR LOSS OF DATA OR BREACHES OF DATA SECURITYRECONSTRUCTION, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTIONTIMELY SERVICING, OR ANY PORTION THEREOF, BY ANYONE DETERIORATION OF THAT SERVICE. IF THE LOCAL DISTRIBUTION UTILITY OR OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES EXPERIENCES AN EVENT OF FORCE MAJEURE, THAT, DIRECTLY OR THIRD INDIRECTLY, AFFECTS THE DELIVERY AND CUSTOMER’S RECEIPT OF ELECTRICITY, STREAM IS LIKEWISE ENTITLED TO CLAIM AN EVENT OF FORCE MAJEURE UNDER THE TERMS OF SERVICE. LIABILITIES NOT EXCUSED BY REASON OF FORCE MAJEURE OR OTHERWISE SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY AND SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES AT LAW OR IN EQUITY ARE WAIVED. NEITHER PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL WILL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATIONFOR CONSEQUENTIAL, DUTYINCIDENTAL, PUNITIVE, EXEMPLARY OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) INDIRECT DAMAGES. THESE LIMITATIONS APPLY WITHOUT REGARD TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTIONANY LIABILITY OR DAMAGE. THERE ARE NO THIRD PARTY BENEFICIARIES TO THE TERMS OF SERVICE. CUSTOMER AGREES, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED CONSENTS TO, AND UNDERSTANDS THAT STREAM IS NOT LIABLE FOR DAMAGES CAUSED BY EVENTS OF NEGLIGENCE, TORTINCLUDING GROSS NEGLIGENCE OR FAILURE TO ACT (INCLUDING IN A TIMELY MANNER), STRICT LIABILITYBY ANY EMPLOYEE, STATUTEAFFILIATE, BREACH VENDOR OR CONTRACTOR OF CONTRACTSTREAM, OR OF FORCE MAJEURE, INCLUDING ACTS OF GOD, ACTS OF ANY GOVERNMENTAL AUTHORITY, ACCIDENTS, STRIKES, LABOR TROUBLE, EVENTS OF FORCE MAJEURE OCCURRING WITH RESPECT TO THIRD PARTY SYSTEMS OR ASSETS, OR ANY OTHER LEGAL THEORY;CAUSE BEYOND OUR CONTROL.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW EXCEPT FOR THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS REMEDIES SPECIFICALLY PROVIDED IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENTLIMITED WARRANTY, IN UNDER NO EVENT CIRCUMSTANCES SHALL RIM PWT BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTALDIRECT, INDIRECT, SPECIAL, PUNITIVEINCIDENTAL, MORAL CONSEQUENTIAL OR AGGRAVATED DAMAGESOTHER DAMAGES BECAUSE OF THE FAILURE OF PWT TREATED™ LVL, OR FOR ANY CLAIMED DEFECT IN CONNECTION THEREWITH, INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR BECAUSE OF DAMAGE OR HARM TO OR LOSS OF BUSINESS PROFITS OR REVENUESOTHER PROPERTY, FAILURE TO REALIZE ANY EXPECTED SAVINGSLOSS OF TIME, LOSS OF USE, LOST PROFITS, LOST REVENUE, LOST GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME LABOR COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMSMATERIAL COSTS, COST OF SUBSTITUTE GOODSINVESTIGATION COSTS, TESTING COSTS, COSTS OF COVERINSTALLATION OR REINSTALLATION, FACILITIES ATTORNEYS’ FEES, EXPERT FEES, PERSONAL INJURY (INCLUDING BUT NOT LIMITED TO DEATH), DAMAGE TO REAL OR SERVICESPERSONAL PROPERTY, COST OF CAPITALTEMPORARY LIVING EXPENSES, OR AND ANY AND ALL OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTIONCOSTS AND EXPENSES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER ARE SOUGHT IN CONTRACT, TORT, UNDER STATUTE IN TORT OR OTHERWISE. (f) TO . EXCEPT FOR THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSPECIFIC WARRANTY COVERAGE SET FORTH IN THIS LIMITED WARRANTY, THE LIMITATIONS, EXCLUSIONSPWT DOES NOT MAKE, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO PWT TREATED™ LVL, AND/OR THE NATURE OF THE CAUSE OF ACTIONPERFORMANCE, DEMAND APPLICATION OR ACTION BY YOU INCLUDINGUSE THEREOF, AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCETHE IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW YOU AND WE ARE EACH WAIVING IMPORTANT RIGHTS. UNLESS FORBIDDEN BY THE LIMITATION OR EXCLUSION LAW OF CONSEQUENTIALYOUR PROVINCE, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN PARTICULAR INSTANCE, WE EACH AGREE AS FOLLOWS: A. WE (INCLUDING FOR PURPOSES OF THIS SECTION MAY 10, OUR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES) WILL NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR THE ACTIONS OR INACTIONS OF ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL SERVICE PROVIDER WE CONTACT FOR YOU OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITYYOUR VEHICLE, OR CORRUPTION FOR OUR INABILITY TO CONTACT ANY SERVICE PROVIDER IN ANY PARTICULAR SITUATION. B. WE WILL NOT BE LIABLE TO YOU FOR (1) ANY INJURIES TO PERSONS OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES PROPERTY ARISING OUT OF OR RELATED RELATING TO THIS AGREEMENT YOUR USE OF THE ACURALINK SYSTEM OR YOUR BLACKBERRY SOLUTIONACURALINK SERVICE, INCLUDING OR (2) ANY DAMAGES ARISING OUT OF OR RELATING TO THE USEINSTALLATION, INABILITY TO USEREPAIR, OR MAINTENANCE OF THE ACURALINK SYSTEM. C. THE MAXIMUM AGGREGATE LIABILITY OF US, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEENWIRELESS CARRIER, AND ANY OTHER SERVICE PROVIDER TO YOU IN RESPECT OF ANY CLAIM (WHETHER BASED IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT, COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESA CLAIM) IS LIMITED TO THE TOTAL AMOUNT PAID BY YOU FOR THE ACURALINK SERVICES DURING THE 12 MONTHS PRECEDING THE DATE YOUR CLAIM AROSE. YOU AGREE THAT NONE OF US, THE WIRELESS CARRIER, ANY SERVICE PROVIDER OR ANY OTHER THIRD PARTY BENEFICIARY WOULD HAVE AGREED TO PROVIDE THE ACURALINK SERVICES TO YOU IF YOU DID NOT AGREE TO THIS LIMITATION. THIS AMOUNT IS THE SOLE AND EXCLUSIVE LIABILITY OF US, THE WIRELESS CARRIER, THE SERVICE PROVIDERS, AND ANY OTHER THIRD PARTY BENEFICIARIES TO YOU, AND IS PAYABLE AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. D. UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, YOUR MAXIMUM LIABILITY TO US IN RESPECT OF ANY CLAIM (bWHETHER BASED IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT, COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF ADVISED OF THE POSSIBILITY OF SUCH A CLAIM) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollarsIS LIMITED TO ANY CHARGES DUE AND OWING BY YOU TO US. E. NEITHER YOU NOR WE CAN RECOVER (c1) To the maximum extent permitted by applicable lawPUNITIVE DAMAGES, to the extent RIM is liable to You hereunder(2) CONSEQUENTIAL, RIM shall only be liable for damages incurred during the period of such failureINDIRECT, delay or non- performance of Your BlackBerry SolutionOR SPECIAL DAMAGES, OR (3) LEGAL FEES. YOU CANNOT RECOVER THESE TYPES OF DAMAGES OR FEES FROM ANY THIRD PARTY BENEFICIARY, EITHER. YOU AND WE AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED BY THIS AGREEMENT. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) F. WE HAVE NO LIABILITY FOR SERVICE INTERRUPTIONS OF 30 DAYS OR LESS. TO THE MAXIMUM EXTENT PERMITTED RECEIVE SERVICE CREDIT FOR LONGER INTERRUPTIONS, UNLESS PROHIBITED BY APPLICABLE LAW, EACH PARTY SHALL BE YOU MUST NOTIFY US WITHIN 60 DAYS AFTER THE TIME WHEN THAT SERVICE INTERRUPTION STARTED (TO RECEIVE A CREDIT FROM US). Except for any credits provided voluntarily by us for a dropped call, or credits for interrupted service as described above, NO ONE IS LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTYYOU FOR DROPPED CALLS OR INTERRUPTED SERVICE, OR LIABILITY WHATSOEVER WHETHER IN CONTRACTFOR PROBLEMS CAUSED BY OR CONTRIBUTED TO BY YOU, TORTBY ANY THIRD PARTY, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWBUILDINGS, THE LIMITATIONSHILLS, EXCLUSIONSTUNNELS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTIONNETWORK CONGESTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACTWEATHER, OR ANY OTHER LEGAL THEORY;THINGS WE OR OUR SERVICE PROVIDERS DON'T CONTROL. G. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, YOU AGREE TO EXCUSE ANY NON-PERFORMANCE BY US OR ANY SERVICE PROVIDER CAUSED IN WHOLE OR IN PART BY AN ACT OR OMISSION OF A THIRD PARTY, OR BY ANY EQUIPMENT FAILURE, ACT OF GOD, NATURAL DISASTER, STRIKE, EQUIPMENT OR FACILITY SHORTAGE, OR OTHER CAUSES BEYOND THE CONTROL OF US OR OUR SERVICE PROVIDERS. H. If another wireless service provider is involved in any problem (for example, because of roaming), you also agree to any limitations of liability that it imposes on its customers as described in any terms and conditions provided to you pursuant to the Service Providers section of the Terms of Service above. I. YOU AGREE THAT NONE OF US, OR ANY SERVICE PROVIDER W HO SENDS YOU DATA OR INFORMATION THROUGH ACURALINK, IS LIABLE FOR ANY ERRORS, DEFECTS, PROBLEMS, OR MISTAKES IN THAT DATA OR INFORMATION. J. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM YOUR USE OF THE ACURALINK SYSTEM OR THE ACURALINK SERVICE OR THE INSTALLATION, REPAIR OR MAINTENANCE OF THE ACURALINK SYSTEM BY OTHER THAN AN AUTHORIZED ACURALINK DEALER OR INSTALLER. K. You agree that the limitations of liability and indemnities in this Agreement will survive even after the Agreement has ended. These limitations of liability apply not only to you, but to anyone using or occupying your Vehicle, to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to your AcuraLink service or the AcuraLink system.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BLACKBERRY BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY BBM SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY BBM SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIMBLACKBERRY, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY BBM SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY BBM SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY BBM SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM BLACKBERRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM BlackBerry exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iiiii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iviii) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM BlackBerry is liable to You hereunder, RIM BlackBerry shall only be liable for damages incurred during the period of such failure, delay or non- non-performance of Your BlackBerry BBM Solution. (d) Nothing in this Section limits RIMBlackBerry’s liability to You in the event of death or bodily injury to bodilyinjuryto the extent resulting directly from RIMBlackBerry’s negligence; provided that any damages payable by RIM payableby BlackBerry shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND EXCEPT WHERE DUE TO THE EXTENT YOU ARE A CONSUMER GROSSLY NEGLIGENT OR WILLFUL BREACH OF ITS OBLIGATIONS HEREUNDER, ANY BREACH OF ARTICLE 8 HEREOF, OR PURSUANT TO ITS INDEMNIFICATION OBLIGATIONS PURSUANT TO ARTICLE 9 (COLLECTIVELY, THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) “EQUITABLE EXCEPTIONS”), NEITHER PARTY SHALL BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OTHER PARTY FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT IN OF THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTIONINCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS INFORMATIONREVENUES, LOSS OF BUSINESS OPPORTUNITYPROFITS, DATA, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTIONBUSINESS OPPORUNITY, WHETHER IN CONTRACT OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEENTORT, AND EVEN IF RIM SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED . NOTWITHSTANDING ANYTHING IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONTRARY, EXCEPT PURSUANT TO THE LIMITATIONSEQUITABLE EXCEPTIONS, EXCLUSIONS, AND DISCLAIMERS CPL’S LIABILITIES UNDER THIS AGREEMENT SHALL BE LIMITED TO [***]. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT SHALLOR IN THE QUALITY AGREEMENT BETWEEN CPL AND OPTINOSE, IT IS UNDERSTOOD AND AGREED THAT CPL’S LIABILITY FOR ANY AND ALL LOSS OR DAMAGE TO [***] SHALL BE: (iI) NO LIABILITY IF CPL HAS MANUFACTURED THE PRODUCT IN ACCORDANCE WITH THE SPECIFICATIONS, QUALITY AGREEMENT AND APPLICABLE LAWS; AND (II) LIMITED TO [***]; PROVIDED HOWEVER, THAT THE LIMITATION IN CLAUSE (II) ABOVE SHALL NOT APPLY IRRESPECTIVE IF DUE TO CPL’S GROSS NEGLIGENCE OR WILFUL MISCONDUCT OR THAT OF ANYONE FOR WHOM CPL IS RESPONSIBLE, IN WHICH CASE [***] (SUBJECT TO THE NATURE LIMITATION OF LIABILITY SET FORTH IN THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;PRECEDING PARAGRAPH).

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND NOTWITHSTANDING ANYTHING TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL RIM APPEN WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO CUSTOMER FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVEOR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTIONBUSINESS, OR ANY PORTION THEREOFPUNITIVE DAMAGES, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE USE THEORY OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR LIABILITY, EVEN IF APPEN IS APPRISED OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST THE LIKELIHOOD OF SUBSTITUTE GOODS, COSTS SUCH DAMAGES OCCURRING. UNDER NO CIRCUMSTANCES WILL APPEN’S TOTAL LIABILITY OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO APPEN UNDER THE APPLICABLE ORDER FORM DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE CLAIM. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY APPEN TO CUSTOMER AND IS AN ESSENTIAL COMPONENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR YOUR BLACKBERRY SOLUTIONTORT AND REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING BUT WILL NOT LIMIT CUSTOMER'S AND ITS AFFILIATES’ PAYMENT OBLIGATIONS UNDER THE USE, INABILITY TO USE“FEES AND PAYMENT” SECTION ABOVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; THUS, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR ABOVE LIMITATION MAY NOT APPLY IN SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESSTATES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND EXCEPT TO THE EXTENT PROHIBITED BY THE APPLICABLE RULES OR OTHERWISE PROVIDED IN YOUR ACCOUNT AGREEMENT, YOU AGREE THAT YOU ARE A CONSUMER USING THE LIMITATIONS SERVICES AT YOUR OWN RISK. WE WILL EXERCISE ORDINARY CARE IN PROVIDING AND MAINTAINING THE SERVICES. WE WILL ONLY BE LIABLE IF DAMAGE IS CAUSED DUE TO OUR GROSS NEGLIGENCE OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, WILLFUL MISCONDUCT. IN NO EVENT SHALL RIM CLERICAL ERRORS OR MISTAKES OF JUDGMENTS CONSTITUE FAILURE TO EXERCISE ORDINARY CARE. BOTH PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE A BARGAINED FOR ALLOCATION OF RISK. YOU AGREE THAT OUR OBLIGATIONS TO YOU ARE LIMITED TO THOSE IDENTIFIED WITHIN THIS AGREEMENT, WHICH ARE YOUR EXCLUSIVE REMEDY. YOU AGREE THAT WE OR OUR THIRD PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTALCONSEQUENTIONAL, INDIRECT, SPECIALSPECIAL EXEMPLARY, PUNITIVE, MORAL OR AGGRAVATED INCIDENTAL DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUESINCLUDING LOST PROFITS, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTIONIN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING FOR MAINTENANCE OF AND COMPATIBILITY ISSUES WITH THE USESERVICES OR ISSUES WITH INTERNET ACCESS, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS WE OR OUR SERVICE PROVIDERS HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law. YOU ARE SOLELY LIABLE FOR ANY ERRORS YOU MAKE IN USING THE SERVICES, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, INCLUDING BUT NOT LIMITED TOTO ENTERING IN THE WRONG ACCOUNT NUMBER OR TRANSACTION AMOUNT. WE ARE ALSO NOT LIABLE FOR DAMAGES OR LOSS YOUR DEVICES EXPERIENCE BECAUSE OF VIRSUES OR DEFECTS YOU HAVE BEEN INFECTED WITH THROUGH YOUR ACCESS TO AND USE OF THE SERVICES, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, UNLESS SUCH VIRUSES OR ANY OTHER LEGAL THEORY;DEFECTS ARE DUE TO OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Limitations of Liability. SOME COUNTRIES DO UNLESS A REFERENCE IS MADE THAT EXPLICITLY PROVIDES THAT A LIABILITY OR OBLIGATION IS NOT ALLOW SUBJECT TO OR LIMITED BY THIS SECTION 10.6 AND EXCEPT FOR ALTIRIS' OBLIGATIONS TO COMPAQ PURSUANT TO SECTION 10.5, THE LIMITATION LIABILITY OF ALTIRIS AND OF ALTIRIS' OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, TAKEN AS A WHOLE, WHETHER IN TORT, CONTRACT OR EXCLUSION OTHERWISE, AND NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY OF CONSEQUENTIALALTIRIS OR OF ITS OFFICERS, INDIRECT DIRECTORS, EMPLOYEES, OR AGENTS OR FAILURE OF ESSENTIAL PURPOSE, WITH REGARD TO THIS AGREEMENT AND/OR ANY LICENSED SOFTWARE, DOCUMENTATION, SERVICES OR OTHER DAMAGES ITEMS FURNISHED UNDER THIS AGREEMENT, SHALL IN CONTRACTS WITH CONSUMERS AND NO EVENT EXCEED THE COMPENSATION PAID OR PAYABLE BY COMPAQ TO ALTIRIS UNDER THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS CONTRARY IN THIS SECTION MAY AGREEMENT UNLESS A REFERENCE IS MADE THAT EXPLICITLY PROVIDES THAT A LIABILITY OR OBLIGATION IS NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN OR LIMITED BY THIS AGREEMENTSECTION 10.6, EXCEPT FOR ALTIRIS' OBLIGATIONS TO COMPAQ PURSUANT TO SECTION 10.5, IN NO EVENT SHALL RIM EITHER PARTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARYCLAIM FOR ANY INDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL SPECIAL OR AGGRAVATED CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTIONCOVER, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE DATA, PROFIT, REVENUE OR USE UNDER ANY THEORY OF YOUR BLACKBERRY SOLUTION LAW OR FOR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION. HOWEVER, DEMAND THIS SHALL NOT APPLY TO OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH LIMIT ANY CLAIMS OR REMEDIES FOR THE INFRINGEMENT OR MISAPPROPRIATION OF CONTRACT, ALTIRIS' INTELLECTUAL PROPERTY OR THE UNLICENSED COPYING OR DISTRIBUTION OF ANY OTHER LEGAL THEORY;LICENSED SOFTWARE.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW NOTWITHSTANDING ANYTHING TO THE LIMITATION OR EXCLUSION OF CONSEQUENTIALCONTRARY CONTAINED IN THIS AGREEMENT, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND EXCEPT TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.PROHIBITED BY LAW: (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT VERIFONE SHALL RIM NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER ENTITY OR PERSON FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARYSPECIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL EXEMPLARY OR AGGRAVATED DAMAGES, CONSEQUENTIAL DAMAGES FOR LOSS (INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM USE OR MALFUNCTION OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTIONTHE PRODUCTS, LOSS OF BUSINESS INFORMATIONUSE, LOSS OF BUSINESS OPPORTUNITY, PROFITS OR CORRUPTION REVENUES OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF REPLACEMENT GOODS OR PROCUREMENT OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED ) RELATING IN ANY MANNER TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTIONTHE PRODUCTS, INCLUDING THE USESOFTWARE OR SERVICES (WHETHER ARISING FROM CLAIMS BASED IN WARRANTY, INABILITY TO USECONTRACT, THE PERFORMANCE TORT OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTIONOTHERWISE), WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED VERIFONE IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable lawIN ANY EVENT, in no event shall the aggregate liability of RIM exceed the greater of: VERIFONE'S ENTIRE LIABILITY IN CONNECTION WITH THIS AGREEMENT, THE PRODUCTS, SOFTWARE AND THE SERVICES SHALL BE LIMITED IN THE AGGREGATE TO THE AMOUNTS ACTUALLY PAID TO VERIFONE FOR THE PRODUCTS, SOFTWARE OR SERVICES GIVING RISE TO SUCH LIABILITY DURING THE SIX (i6) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollarsMONTHS PRIOR TO THE CLAIM ARISING. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE. THIS LIMITATION SHALL NOT APPLY TO LIABILITY FOR DEATH, PERSONAL INJURY OF A PHYSICAL NATURE OR DAMAGE TO TANGIBLE PROPERTY CAUSED BY VERIFONE’S NEGLIGENCE OR INTENTIONAL MISCONDUCT. (c) To No action, regardless of form, arising out of or in connection with this Agreement may be brought by either Party more than one (1) year after the maximum extent permitted by applicable lawfirst day that the cause of action first occurred, to except for an action for nonpayment for the extent RIM is liable to You Products and services hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW LAW, MARKETING 360® SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND SUBJECT TO NOTWITHSTANDING THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENTFAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT FOR YOUR LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE INDEMNIFICATION SECTION AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTIONAGREEMENT, WHETHER ARISING OUT OF OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) RELATED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO MARKETING 360® FOR THE SERVICES SOLD HEREUNDER. WITHOUT LIMITING THE FOREGOING, MARKETING 360® IS NOT RESPONSIBLE FOR ANY DAMAGES DUE TO ANY CONTENT, OMISSIONS, OR ERRONEOUS DATA APPEARING IN CLIENT’S WEBSITE, BLOGS, OR ON SOCIAL MEDIA OR ANY OTHER LEGAL THEORY;LOSS, DAMAGE, CORRUPTION, OR BREACH OF CLIENT DATA WITHIN CLIENT’S MARKETING 360® ACCOUNT. WE FURTHER DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE IN CONJUNCTION WITH THESE SERVICES.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM WILL MSSB OR CGM BE LIABLE RESPONSIBLE FOR ANY OF THE FOLLOWING TYPES YOUR LOSSES OTHER THAN DIRECT LOSSES ARISING SOLELY AS A RESULT OF DAMAGES: MSSB’S OR CGM’S NEGILIGENCE OR WILLFUL MISCONDUCT. MSSB OR CGM SHALL NOT BE REQUIRED TO PAY OR BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED PUNITIVE DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITYOPPORTUNITY COSTS, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, LOST PROFITS (WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, ARISING FROM ITS NEGLIGENCE AND EVEN IF RIM HAS BEEN ADVISED REGARDLESS OF WHETHER THE PARTY WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY ). NEITHER MSSB NOR CGM SHALL BE LIABLE TO IF THE OTHER ONLY AS EXPRESSLY PROVIDED IN PERFORMANCE OF THEIR RESPECTIVE OBLIGATIONS UNDER THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATIONIS DELAYED OR RENDERED IMPOSSIBLE DUE TO FIRE, DUTYFLOOD, OR LIABILITY WHATSOEVER WHETHER IN CONTRACTSTRIKE, TORTWAR, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWACT OF TERRORISM, THE LIMITATIONSACT OF GOD, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF GOVERNMENTAL ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;CAUSE BEYOND MSSB’S OR CGM’S CONTROL. IN ANY SUCH CASE, MSSB OR CGM MAY IN ITS REASONABLE DISCRETION CANCEL ORDERS RESTING ON ELECTRONIC ORDER ENTRY OR EXECUTION SYSTEMS. ORDERS FOR THE ACCOUNT MAY FROM TIME TO TIME BE ENTERED, EXECUTED, OR BOTH THROUGH ELECTRONIC ORDER ENTRY OR EXECUTION SYSTEMS. IN ANY SUCH CASE, MSSB OR CGM SHALL HAVE NO LIABILTY FOR ANY LOSS INCURRED BY CUSTOMER DUE TO THE FAILURE OR MALFUNCTION OF ANY COMPUTER HARDWARE OR SOFTWARE OR TRANSMISSION DEVICE OR SERVICE UTILIZED UNLESS SUCH FAILURE OR MALFUNCTION DIRECTLY RESULTS FROM MSSB’S OR CGM’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Limitations of Liability. SOME COUNTRIES DO 11.1 WE AND OUR AFFILIATES AND THIRD PARTY LICENSORS WILL NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE TO YOU FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARYINDIRECT, INCIDENTAL, INDIRECTSPECIAL, SPECIALCONSEQUENTIAL, PUNITIVE, MORAL RELIANCE, OR AGGRAVATED DAMAGES, EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUESPROFITS, FAILURE TO REALIZE ANY EXPECTED SAVINGSGOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITYUSE, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITYDATA), FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law. FURTHER, in no event shall the aggregate liability of RIM exceed the greater ofNEITHER WE NOR ANY OF OUR AFFILIATES OR THIRD PARTY LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (i) the amount paid by You for the RIM Product(sYOUR INABILITY TO USE THE SERVICES OR LICENSOR PRODUCTS, INCLUDING AS A RESULT OF ANY (a) at issueTERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES OR LICENSOR PRODUCTS, (b) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICES OR LICENSOR PRODUCTS, OR, (c) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SLAS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (ii) the amount paid for that portion of the Software at issueTHE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (iii) the amount paid for the relevant period of the Paid RIM Service at issueANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES OR LICENSOR PRODUCTS; and OR (iv) five (5) United States dollarsANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, OUR AND OUR AFFILIATES’ AND THIRD PARTY LICENSORS’ TOTAL, AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 3 MONTH PERIOD PRECEDING THE CLAIM. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) 11.2 SECTIONS 10 AND 11 WILL NOT APPLY ONLY WHEN AND TO THE MAXIMUM EXTENT PERMITTED BY THAT APPLICABLE LAWLAW SPECIFICALLY REQUIRES LIABILITY, EACH DESPITE THE EXCLUSIONS AND LIMITATIONS OF LIABILITY HEREIN. THESE LIMITATIONS ARE CUMULATIVE AND NOT PER INCIDENT. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREUNDER SHALL FAIL OF ITS ESSENTIAL PURPOSE. CUSTOMER HAS ACCEPTED THE DISCLAIMER OF LIABILITY FOR DAMAGES AS PART OF A BARGAIN TO LOWER THE PRICE OF THE SERVICES AND LICENSOR PRODUCTS AND UNDERSTANDS THAT THE PRICES WOULD BE HIGHER IF CENTURYLINK AND ITS THIRD PARTY SHALL BE LIABLE LICENSORS WERE REQUIRED TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN BEAR ADDITIONAL LIABILITY FOR DAMAGES. CENTURYLINK AND ITS THIRD PARTY LICENSORS WOULD NOT AGREE TO ENTER THIS AGREEMENT WITHOUT SUCH DISCLAIMER AND SHALL HAVE LIMITATIONS ON LIABILITY. NO OTHER OBLIGATIONORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CENTURYLINK, DUTYITS EMPLOYEES, AGENTS, THIRD PARTY LICENSORS, OR LIABILITY WHATSOEVER WHETHER ANYONE ELSE INVOLVED IN CONTRACT, TORT, UNDER STATUTE THE PROVISION OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE SUPPORT OF THE NATURE SERVICES AND LICENSOR PRODUCTS WILL CREATE ANY WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE CAUSE OF ACTION, DEMAND ANY WARRANTY AND CUSTOMER MAY NOT RELY ON SUCH INFORMATION OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;ADVICE.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW UNDER NO CIRCUMSTANCES WHATSOEVER SHALL ANY PARTY, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, STOCKHOLDERS, AGENTS AND REPRESENTATIVES, OR ANY OF THE LIMITATION SUCCESSORS OR EXCLUSION ASSIGNS OF ANY OF THE FOREGOING PERSONS, BE LIABLE TO THE OTHER PARTY OR ANY OF ITS AFFILIATES IN CONTRACT, TORT, NEGLIGENCE, BREACH OF STATUTORY DUTY OR OTHERWISE FOR ANY INDIRECT, CONSEQUENTIAL, INDIRECT SPECIAL, INCIDENTAL OR OTHER PUNITIVE DAMAGES OR ANY LOST PROFITS, LOSS OF USE, DAMAGE TO GOODWILL OR LOSS OF BUSINESS IN CONTRACTS CONNECTION WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable lawAND EACH PARTY, to the extent RIM is liable to You hereunderON BEHALF OF ITSELF AND EACH OF ITS AFFILIATES HEREBY WAIVES ON BEHALF OF ITSELF AND ITS AFFILIATES ANY AND ALL CLAIMS FOR SUCH DAMAGES, RIM shall only be liable for damages incurred during the period of such failureINCLUDING ANY CLAIM FOR LOST PROFITS, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) LOSS OF USE, DAMAGE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, GOODWILL OR LIABILITY WHATSOEVER LOSS OF BUSINESS WHETHER ARISING IN CONTRACT, TORT, UNDER STATUTE TORT OR OTHERWISE. (f) TO . NOTHING CONTAINED HEREIN SHALL LIMIT THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS INDEMNITY OBLIGATIONS SET FORTH IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR SECTION 9.5 WITH RESPECT TO ANY OTHER LEGAL THEORY;LOSSES PAYABLE TO ANY THIRD PARTY IN CONNECTION WITH ANY THIRD PARTY CLAIMS. The Parties intend that no double remedies or recoveries are intended or permitted under this Agreement and that claims asserted under one Section or subsection of this Agreement may not also be asserted under another such subsection of this Agreement or under the Investment Agreement or the Related Agreements if such assertion would result in double recovery. MISCELLANEOUS

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW YOU AGREE THAT CAUSES AND EVENTS BEYOND OUR CONTROL, INCLUDING ACTS OF GOD, ACTS OF ANY GOVERNMENTAL AUTHORITY, ACCIDENTS, STRIKES, LABOR TROUBLE, AND EVENTS OF FORCE MAJEURE OCCURRING WITH RESPECT TO THE LIMITATION OR EXCLUSION OF CONSEQUENTIALTDSP, INDIRECT ERCOT, OR OTHER DAMAGES THIRD PARTY SYSTEMS OR ASSETS (A FORCE MAJEURE EVENT), MAY RESULT IN CONTRACTS WITH CONSUMERS INTERRUPTIONS IN SERVICE AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY THAT WE WILL NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR THOSE INTERRUPTIONS. YOU ALSO AGREE THAT WE ARE NOT RESPONSIBLE FOR GENERATING YOUR ELECTRICITY OR FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY TO YOUR SERVICE ADDRESS. FURTHERMORE, YOU AGREE THAT WE WILL NOT BE LIABLE WITH RESPECT TO ANY THIRD PARTY SERVICES; THAT OUR LIABILITY NOT EXCUSED BY REASON OF FORCE MAJEURE OR OTHERWISE WILL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY; AND NEITHER OF US ARE LIABLETO THE FOLLOWING TYPES OF DAMAGES: OTHER FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVEOR INDIRECT DAMAGES. YOU WAIVE ALL OTHER REMEDIES AT LAW OR IN EQUITY. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES RESULT FROM NEGLIGENCE, MORAL OR AGGRAVATED DAMAGESWHETHER SOLE, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUESJOINT, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITYCONCURRENT, OR CORRUPTION ACTIVE OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES PASSIVE. THERE ARE NO THIRD PARTY BENEFICIARIES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE THE CONTRACT. OTHER THAN RIMTHOSE EXPRESSLY SET FORTH IN THE CONTRACT, DOWNTIME COSTSAND WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION WRITTEN OR ANY PORTION THEREOF ORAL, EXPRESS OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTIONIMPLIED, INCLUDING THE USEMERCHANTABILITY, INABILITY CONFORMITY TO USE, THE PERFORMANCE MODELS OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, SAMPLES AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESFITNESS FOR A PARTICULAR PURPOSE. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO LAW, CUSTOMER ASSUMES THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ENTIRE COST OF ANY DAMAGES RESULTING FROM CUSTOMER’S USE OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIALSERVICES, EXEMPLARYEMBEDDED TECHNOLOGY OR INTEGRATED SERVICES, INCIDENTALTHE INFORMATION CONTAINED IN OR COMPILED IN THE SERVICES, INDIRECT, SPECIAL, PUNITIVE, MORAL THE INTERACTION (OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED INTERACT PROPERLY) WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OTHER HARDWARE OR RESULTING FROM ANY ALTERATIONS SOFTWARE WHETHER PROVIDED BY COMPANY OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY A THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL IN NO EVENT WILL THE COMPANY BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, EXEMPLARY, INDIRECT, RELIANCE, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, REVENUE OR SAVINGS, BUSINESS INTERRUPTION, BUSINESS OPPORTUNITIES, LOSS OR CORRUPTION OF BUSINESS INFORMATION OR ANY PERSONAL OR CUSTOMER DATA, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE DISRUPTION, IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE USE OR INABILITY TO USE THES ERVICES, OR THE INCOMPATIBILITY OF THE SERVICES WITH ANY HARDWARE, SOFTWARE OR USAGE, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IF ANY EXCLUSION, DISCLAIMER OR OTHER ONLY AS EXPRESSLY PROVIDED PROVISION CONTAINED IN THIS AGREEMENT IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION OR ARBITRATOR AND SHALL HAVE NO OTHER OBLIGATIONTHE COMPANY BECOMES LIABLE THEREBY FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, DUTY, THE COMPANY’S TOTAL LIABILITY TO YOU OR LIABILITY WHATSOEVER ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE TOTAL AMOUNT PAID IN FEES TO THE COMPANY UNDER THIS AGREEMENT FOR THE TWELVE MONTHS PRIOR TO A CLAIM OF DAMAGES BEING BROUGHT BY CUSTOMER WHETHER IN CONTRACT, TORT, UNDER STATUTE TORT OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENTLAW, YOU AGREE THAT IN NO EVENT SHALL RIM WILL ZAKKA OR ITS SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVEOR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR THE SERVICE, MORAL PRODUCTS OR AGGRAVATED DAMAGESTHIRD-PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES FOR RELATED TO LOSS OF BUSINESS PROFITS OR REVENUESREVENUE, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTIONLOSS OF PROFITS, LOSS OF BUSINESS INFORMATIONOR ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITYUSE, OR CORRUPTION LOSS OF GOODWILL, OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION AND WHETHER CAUSED BY STRICT LIABILITY OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTIONTORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR ANY PORTION THEREOFOTHERWISE, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, EVEN IF FORESEEABLE AND EVEN IF RIM HAS ZAKKA OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ; OR (bB) To the maximum extent permitted by applicable lawFOR ANY OTHER CLAIM, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable lawDEMAND, to the extent RIM is liable to You hereunderOR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF THE DELIVERY, RIM shall only be liable for damages incurred during the period of such failureUSE, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) OR PERFORMANCE OF THE SERVICE. ACCESS TO, AND USE OF, THE SERVICE, PRODUCTS, OR THIRD-PARTY SITES, AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONTRARY CONTAINED HEREIN, EACH PARTY IN NO EVENT SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWAGGREGATE LIABILITY OF COCOON ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE LIMITATIONS, EXCLUSIONS, ACCESS TO AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE USE OF THE NATURE OF THE CAUSE OF ACTIONSERVICE, DEMAND OR ACTION BY YOU INCLUDINGCONTENT, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACTNFTS, OR ANY OTHER LEGAL THEORY;ZAKKA PRODUCTS OR SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY ZAKKA FOR ITS SERVICE DIRECTLY RELATING TO THE ITEMS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s intentional acts, intentional omisions, or gross negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;

Limitations of Liability. SOME COUNTRIES DO EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) AN INDEMNIFICATION OBLIGATION, (C) WILLFUL MISCONDUCT OR (D) INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL 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 ALLOW USE THE LIMITATION MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR EXCLUSION 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 CONSEQUENTIALMONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INDIRECT INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND SECURITY BREACH, EXCEPT TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS SECTION MAY NOT APPLY TO YOU. (a) AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENTCLAIM, IN NO EVENT SHALL RIM BE LIABLE EXCEPT FOR ANY CLAIMS ARISING FROM (A) BREACH OF THE FOLLOWING TYPES CONFIDENTIALITY, (B) AN INDEMNIFICATION OBLIGATION, (C) WILLFUL MISCONDUCT OR (D) INFRINGEMENT OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISEPARTY. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;

Limitations of Liability. SOME COUNTRIES DO WE WILL EXERCISE ORDINARY CARE IN PROVIDING THE SERVICES HEREUNDER WE WILL NOT ALLOW THE LIMITATION BE LIABLE TO YOU FOR OUR PERFORMANCE OF, OR EXCLUSION OF CONSEQUENTIALOUR FAILURE TO, INDIRECT PERFORM ANY SERVICE UNDER OR OTHER DAMAGES IN CONTRACTS CONNECTION WITH CONSUMERS AND THIS AGREEMENT UNLESS WE HAVE ACTED IN BAD FAITH OR FAILED TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS EXERCISE ORDINARY CARE. UNLESS EXPRESSLY PROHIBITED OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED OTHERWISE RESTRICTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN OR THIS AGREEMENT, IN NO EVENT SHALL RIM WILL YOU OR WE BE LIABLE TO THE OTHER PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL CONSEQUENTIAL OR AGGRAVATED DAMAGES, PUNITIVE DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTIONIN CONNECTION WITH THE FURNISHING, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE USE OF YOUR BLACKBERRY SOLUTIONTHE SERVICES PROVIDED UNDER THIS AGREEMENT, REGARDLESS OF WHETHER YOU OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS WE MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED DAMAGES UNLESS REQUIRED BY APPLICABLE LAW. IF A COURT OR ARBITRATOR FINDS THAT WE ARE LIABLE TO YOU BECAUSE OF WHAT WE DID OR DID NOT DO UNDER OR IN CONNECTION WITH THIS AGREEMENT, EACH PARTY SHALL YOU MAY RECOVER FROM US ONLY YOUR ACTUAL DAMAGES. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE OR LIABLE FOR ANY OTHER ENTITY’S (NOT UNDER OUR DIRECT CONTROL) ACTS OR OMISSIONS INCLUDING, WITHOUT LIMITATION, ANY FEDERAL RESERVE BANK OR TRANSMISSION OR COMMUNICATION FACILITY. WE WILL NOT BE LIABLE TO FOR DELAYS OR MISTAKES WHICH HAPPEN BECAUSE OF REASONS WHICH ARE BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF CIVIL, MILITARY OR BANKING AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, PANDEMIC, EPIDEMIC, WAR, RIOTS, TRANSPORTATION FAILURES, ACTS OF GOD, INCLUDING FIRES, FLOODS AND OTHER NATURAL DISASTERS, COMMUNICATION OR POWER SUPPLY FAILURE, OR MALFUNCTION OF OR UNAVOIDABLE DIFFICULTIES WITH OUR EQUIPMENT, INCLUDING COMPUTER MALFUNCTION OR SHUTDOWN. THE OTHER ONLY AS EXPRESSLY PROVIDED LIMITATIONS AND EXCLUSIONS IN THIS AGREEMENT PARAGRAPH SHALL APPLY TO ALL CLAIMS OF EVERY KIND, NATURE AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER DESCRIPTION WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, GROSS NEGLIGENCE OR ANY OTHER LEGAL THEORY;TORT, AND WILL SURVIVE THE TERMINATION OF THIS AGREEMENT AND ALL OF YOUR BUSINESS WITH US.

Limitations of Liability. SOME COUNTRIES DO YOU AND WE ARE EACH WAIVING IMPORTANT RIGHTS. UNLESS FORBIDDEN BY LAW IN A PARTICULAR INSTANCE, WE EACH AGREE AS FOLLOWS: A. WE ARE NOT ALLOW LIABLE FOR THE ACTIONS OR INACTIONS OF ANY SERVICE PROVIDER WE CONTACT FOR YOU OR YOUR VEHICLE, OR FOR OUR INABILITY TO CONTACT ANY SERVICE PROVIDER IN ANY PARTICULAR SITUATION. B. WE ARE NOT LIABLE TO YOU FOR (1) ANY INJURIES TO PERSONS OR PROPERTY ARISING OUT OF OR RELATING TO YOUR OR THE OCCUPANTS OR YOUR VEHICLE’S USE OF THE SUBARU STARLINK SYSTEM OR SUBARU STARLINK SERVICE, OR (2) ANY DAMAGES ARISING OUT OF OR RELATING TO THE INSTALLATION, REPAIR, OR MAINTENANCE OF THE SUBARU STARLINK SYSTEM. C. THE MAXIMUM AGGREGATE LIABILITY OF SUBARU, SIRIUSXM, THE WIRELESS CARRIER AND ANY OTHER SERVICE PROVIDER TO YOU UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO THE GREATER OF (I) $500 OR (II) THE TOTAL AMOUNT PAID BY YOU FOR THE PORTION OF THE SUBARU STARLINK SERVICES GIVING RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE DATE YOUR CLAIM AROSE. YOU AGREE THAT SUBARU STARLINK WOULD NOT HAVE AGREED TO PROVIDE SUBARU STARLINK SERVICES TO YOU IF YOU DID NOT AGREE TO THIS LIMITATION. THIS AMOUNT IS THE SOLE AND EXCLUSIVE LIABILITY OF SUBARU STARLINK AND ANY OTHER THIRD PARTY BENEFICIARIES TO YOU, AND IS PAYABLE AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. IN THE EVENT YOU WISH TO OBTAIN A GREATER AMOUNT THAN THIS LIMITATION, YOU HAVE THE OPTION TO PURCHASE SUCH GREATER AMOUNT BY PAYING AN ADDITIONAL MONTHLY AMOUNT AND A RIDER SHALL BE ATTACHED TO THIS AGREEMENT SETTING FORTH THE ADDITIONAL CHARGE AND ADDITIONAL AMOUNT OF THE LIMITATION OF LIABILITY. D. NEITHER YOU NOR WE CAN RECOVER (1) PUNITIVE OR EXCLUSION OF EXEMPLARY DAMAGES, (2) TREBLE, CONSEQUENTIAL, INDIRECT INDIRECT, INCIDENTAL OR OTHER DAMAGES SPECIAL DAMAGES, OR (3) ATTORNEY'S FEES (EXCEPT IN CONTRACTS CONNECTION WITH CONSUMERS INDEMNIFICATION CLAIMS AS PROVIDED IN THIS AGREEMENT). YOU AND WE AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, ACTUAL, COMPENSATORY DAMAGES AS LIMITED IN THIS SECTION MAY NOT APPLY TO YOUAGREEMENT. (a) E. WE HAVE NO LIABILITY FOR SERVICE INTERRUPTIONS OF 30 DAYS OR LESS. TO RECEIVE SERVICE CREDIT FOR LONGER INTERRUPTIONS, YOU MUST NOTIFY US WITHIN 60 DAYS AFTER THE MAXIMUM EXTENT PERMITTED TIME WHEN THAT SERVICE INTERRUPTION STARTED. EXCEPT FOR ANY CREDITS PROVIDED VOLUNTARILY BY APPLICABLE LAW AND SUBJECT US FOR A DROPPED CALL, OR CREDITS FOR INTERRUPTED SERVICE AS DESCRIBED ABOVE, NO ONE IS LIABLE TO THE SPECIFIC REMEDIES SET OUT YOU FOR DROPPED CALLS OR INTERRUPTED SERVICE, OR FOR PROBLEMS CAUSED BY OR CONTRIBUTED TO BY YOU, BY ANY THIRD PARTY, BY BUILDINGS, HILLS, TUNNELS, NETWORK CONGESTION, WEATHER, OR ANY OTHER THINGS SUBARU STARLINK IS UNABLE TO CONTROL. F. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, YOU AGREE TO EXCUSE ANY NON- PERFORMANCE BY US CAUSED IN WHOLE OR IN PART BY AN ACT OR OMISSION OF A THIRD PARTY, OR BY ANY EQUIPMENT FAILURE, ACT OF GOD, NATURAL DISASTER, STRIKE, EQUIPMENT OR FACILITY SHORTAGE, OR OTHER CAUSES BEYOND THE CONTROL OF SUBARU STARLINK. G. IF ANOTHER WIRELESS SERVICE PROVIDER IS INVOLVED IN ANY PROBLEM (FOR EXAMPLE, BECAUSE OF ROAMING), YOU ALSO AGREE TO ANY LIMITATIONS OF LIABILITY THAT IT IMPOSES ON ITS CUSTOMERS. X. XXX AGREE THAT SUBARU STARLINK IS NOT LIABLE FOR ANY ERRORS, DEFECTS, PROBLEMS, OR MISTAKES IN DATA OR INFORMATION TRANSMITTED THROUGH THE SUBARU STARLINK SYSTEM. X. XXX ACKNOWLEDGE AND AGREE THAT YOU HAVE NO EVENT SHALL RIM CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING WIRELESS SERVICE CARRIER AND YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN SUBARU AND THE UNDERLYING CARRIER. YOU UNDERSTAND AGREE THAT THE UNDERLYING CARRIER HAS NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU. IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, YOUR EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THIS AGREEMENT, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF SERVICE PROVIDED HEREUNDER, IS LIMITED TO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE TWO-MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE. X.XXX ACKNOWLEDGE AND AGREE THAT NONE OF SUBARU, SIRIUSXM, OR THE UNDERLYING CARRIER CAN GUARANTY THE SECURITY OF WIRELESS TRANSMISSIONS, AND WILL NOT BE LIABLE FOR ANY LACK OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE SECURITY RELATING TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR THE SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING . X. XX NO EVENT SHALL THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTIONUNDERLYING WIRELESS CARRIER BE LIABLE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEENDUE TO ITS OWN NEGLIGENCE, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater ofFOR ANY: (iA) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH ACT OR OMISSION OF A THIRD PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCEINTENTIONAL OR NEGLIGENT ACTS OF THIRD PARTIES THAT DAMAGE OR IMPAIR THE NETWORK OR DISRUPT SERVICE; (B) MISTAKES, TORTOMISSIONS, STRICT LIABILITYINTERRUPTIONS, STATUTEERRORS, BREACH OF CONTRACTFAILURES TO TRANSMIT, DELAYS, OR ANY OTHER LEGAL THEORY;DEFECTS IN THE SERVICE PROVIDED BY OR THROUGH THE UNDERLYING CARRIER; (C) X. Xxx agree that the limitations of liability and indemnities in this Agreement will survive even after the Agreement has ended. These limitations of liability apply not only to you, but to anyone using your Vehicle, to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to your SUBARU STARLINK Services or the SUBARU STARLINK System.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW UNDER NO CIRCUMSTANCES WILL EARNIN OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a“EARNIN PARTIES'') TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTALLIQUIDATED, INDIRECTOR PUNITIVE DAMAGES YOU MAY INCUR IN CONNECTION WITH YOUR ACCESS TO, SPECIALOR USE OF, PUNITIVETHE SITES OR THE SERVICES, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR INCLUDING LOSS OF BUSINESS PROFITS OR REVENUESPROFIT, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITYREVENUE, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITYBUSINESS, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS THE EARNIN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law. NEITHER EARNIN, in no event shall the aggregate liability of RIM exceed the greater ofCSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES WILL HAVE ANY LIABILITY TO YOU AS AN AGENT IN OBTAINING COPIES OF: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable lawYOUR PERSONAL CREDIT REPORT, to the extent RIM is liable to You hereunderCREDIT ALERT REPORT, RIM shall only be liable for damages incurred during the period of such failureQUARTERLY UPDATE, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) OR CREDIT SCORE. NEITHER EARNIN, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL, OR INCIDENTAL, IN CONNECTION WITH THE PERFORMANCE OF THE CREDIT MONITORING SERVICES, THE USE OR DISCLOSURE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION IN CONNECTION WITH THE CREDIT MONITORING SERVICES, OR YOUR REQUEST, USE, OR ATTEMPTED USE OF THE CREDIT MONITORING SERVICES. NEITHER EARNIN, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS ARE RESPONSIBLE FOR NEGATIVE FACTUAL INFORMATION CONTAINED IN ANY REPORTS YOU RECEIVE AS PART OF THE CREDIT MONITORING SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE LIMITATIONS IN THIS SECTION 10 MAY NOT APPLY TO YOU. IN THOSE STATES, LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. DISPUTE RESOLUTION BY BINDING ARBITRATION. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM COSMOSID, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIALDIRECT, EXEMPLARYINDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, CONSEQUENTIAL DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR WHATSOEVER RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTIONUSE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, MOBILE SERVICES), OR ANY PORTION THEREOF(I) ERRORS, BY ANYONE OTHER THAN RIMMISTAKES, DOWNTIME COSTSOR INACCURACIES OF CONTENT OR DATA, LOSS (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR BLACKBERRY SOLUTION OUR SECURE SERVERS AND/OR ANY PORTION THEREOF AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DATA OR FOR ANY LOSS OR DAMAGE OF ANY THIRD PARTY SERVICES KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR THIRD PARTY ITEMSDATA POSTED, COST OF SUBSTITUTE GOODSEMAILED, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITALTRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTIONLEGAL THEORY, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN COSMOSID IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) . THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE LAW, EACH PARTY JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT COSMOSID SHALL NOT BE LIABLE FOR USER DATA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL COSMOSID’S TOTAL AGGREGATE LIABILITY TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN YOU UNDER THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO EXCEED THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION AMOUNT PAID BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;TO USE THE SERVICE IN THE PRIOR SIX (6)

Limitations of Liability. SOME COUNTRIES We will make every attempt to accurately reconcile your account. We provide the Reconciliation Report with adjustments that can be recorded directly into your check register or other account ledger. HOWEVER, BY USING THE SERVICE, YOU AGREE TO VERIFY, RESEARCH AND PROCURE SOURCE DOCUMENTS FOR EACH ADJUSTMENT BEFORE RECORDING. WE DO NOT ALLOW RECOMMEND THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS SERVICE FOR ANY PARTICULAR PURPOSE AND RECOMMEND THAT THE RECONCILIATION REPORT BE REVIEWED FOR ACCURACY AND SUBJECTED TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ACCOUNTHOLDER’S CURRENT BOOKKEEPING AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENTACCOUNTING STANDARDS, IN PRACTICES AND PROCEDURES. UNDER NO EVENT SHALL RIM CIRCUMSTANCES WILL WE BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIALDIRECT, EXEMPLARYINDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL CONSEQUENTIAL OR AGGRAVATED EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUESSIMILAR DAMAGES, FAILURE TO REALIZE INCLUDING ANY EXPECTED SAVINGSLOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO ASPECT OF YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF YOUR BLACKBERRY SOLUTION THE SERVICE, FROM INABILITY TO USE THE eBalanceSM SITE OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTIONTHE SERVICE, INCLUDING THE USEINTERRUPTION, INABILITY TO USESUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PERFORMANCE eBalanceSM, SITE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTIONTHE SERVICE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law. IN NO CASE SHALL OUR LIABILITY EXCEED THE PURCHASE PRICE WHICH YOU PAID FOR THE APPLICABLE RECONCILIATION. In some jurisdictions, in no event shall the aggregate limitations of liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion are not permitted. In such jurisdictions, some of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable lawforegoing limitation may not apply to you. For your own protection, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT WE DO NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;ACCEPT .PDF

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION INCLUDING THE USE OR INABILITY TO USE, PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (c) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (cd) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (de) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (ef) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (fg) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY; (ii) SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN; (iii) NOT APPLY TO THE INDEMNITY OBLIGATIONS SET OUT HEREIN OR MISAPPROPRIATION OR INFRINGEMENT BY EITHER PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY OR A BREACH OF THE SECTIONS OF THIS AGREEMENT ENTITLED: "RULES OF USE FOR BLACKBERRY SOLUTION" (SECTION 3), "SOFTWARE AND DOCUMENTATION LICENSE" (SECTION 2), "INTELLECTUAL PROPERTY" (SECTION 11), "EXPORT, IMPORT AND USE RESTRICTIONS AND U.S. GOVERNMENT LICENSES" (SECTION 12), "CONFIDENTIALITY AND NO REVERSE ENGINEERING" (SECTION 15) AND "USER DATA" (SECTION 25), AND (iv) APPLY IN THE AGGREGATE, TO RIM OR THE RIM GROUP OF COMPANIES, THEIR SUCCESSORS, ASSIGNS, AND AUTHORISED RIM DISTRIBUTORS (INCLUDING AIRTIME SERVICE PROVIDERS ACTING AS AUTHORISED RIM DISTRIBUTORS OF THE SOFTWARE).

Limitations of Liability. SOME COUNTRIES DO DUOCIRCLE SHALL NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE TO YOU FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIALDIRECT, EXEMPLARYINDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVECONSEQUENTIAL OR EXEMPLARY DAMAGES, MORAL OR AGGRAVATED DAMAGESINCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUESPROFITS, FAILURE TO REALIZE ANY EXPECTED SAVINGSGOODWILL, BUSINESS INTERRUPTIONUSE, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND (EVEN IF RIM DUOCIRCLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable lawIN CONNECTION WITH THIS AGREEMENT, in no event shall the aggregate liability of RIM exceed the greater ofINCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM: (iI) the amount paid by You for the RIM Product(s) at issueTHE USE OR THE INABILITY TO USE THE SERVICES; (iiII) the amount paid for that portion of the Software at issueTHE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; OR (iiiIII) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable lawUNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAMS AND/OR YOUR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, to the extent RIM is liable to You hereunderSOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, RIM shall only be liable for damages incurred during the period of such failureAND YOU MAY HAVE ADDITIONAL RIGHTS. IN ANY SUCH CASE, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) DUOCIRCLE’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED AMOUNT ACTUALLY PAID BY APPLICABLE LAWYOU TO DUOCIRCLE HEREUNDER FOR THE SERVICES. CLIENT ACKNOWLEDGES AND AGREES THAT THIS SECTION 13 REPRESENTS A REASONABLE ALLOCATION OF RISK AND THAT, EACH PARTY SHALL BE LIABLE TO IN THE OTHER ONLY AS EXPRESSLY PROVIDED IN ABSENCE OF THESE LIMITATIONS OF LIABILITY, THE TERMS OF THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISEWOULD BE SUBSTANTIALLY DIFFERENT. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIALYOU AND WE ARE EACH WAIVING IMPORTANT RIGHTS. UNLESS FORBIDDEN BY LAW IN A PARTICULAR INSTANCE, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.WE EACH AGREE AS FOLLOWS: (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, A. IN NO EVENT SHALL RIM WILL WE OR NISSAN OR THE UNDERLYING WIRELESS SERVICE CARRIER - AT&T, BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTIONLIABLE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN DUE TO ANY NEGLIGENCE BY SIRIUS XM, NISSAN OR UNFORESEENTHE UNDERLYING WIRELESS CARRIER, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater ofFOR ANY: (iA) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH ACT OR OMISSION OF A THIRD PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, INTENTIONAL OR NEGLIGENT ACTS OF THIRD PARTIES THAT DAMAGE OR IMPAIR THE NETWORK OR DISRUPT SERVICE; (B) MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, FAILURES TO TRANSMIT, DELAYS, OR B. NEITHER SIRIUS XM NOR NISSAN WILL BE LIABLE TO YOU FOR ANY INJURIES TO PERSONS OR PROPERTY ARISING OUT OF OR RELATING TO YOUR USE OF THE SYSTEM OR THE SERVICES, OR ARISING OUT OF OR RELATING TO THE INSTALLATION, REPAIR, OR MAINTENANCE OF THE SYSTEM. C. THE MAXIMUM AGGREGATE LIABILITY OF SIRIUS XM, THE WIRELESS CARRIER, NISSAN, AND ANY OTHER SERVICE PROVIDER TO YOU UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, FRAUD, MISREPRESENTATION, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT, STRICT PERSONAL INJURY, OR PRODUCTS LIABILITY) FOR ANY CAUSE WHATSOEVER, STATUTEINCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF SERVICES PROVIDED HEREUNDER IS LIMITED TO THE TOTAL AMOUNT PAID BY YOU FOR NISSANCONNECT SERVICES DURING THE TWO MONTHS PRECEDING THE DATE YOUR CLAIM AROSE. THIS AMOUNT IS THE SOLE AND EXCLUSIVE LIABILITY OF SIRIUS XM, NISSAN, THE WIRELESS CARRIER, THE SERVICE PROVIDERS, AND ANY OTHER THIRD PARTY BENEFICIARIES, TO YOU AND IS PAYABLE AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. YOU UNDERSTAND AND AGREE THAT NONE OF SIRIUS XM, NISSAN, THE WIRELESS CARRIER, ANY SERVICE PROVIDER, NOR ANY OTHER THIRD PARTY BENEFICIARY WOULD HAVE AGREED TO PROVIDE NISSANCONNECT SERVICES TO YOU IF YOU DID NOT AGREE TO THIS LIMITATION. D. UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, YOUR MAXIMUM LIABILITY TO US UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO ANY CHARGES DUE AND OWING BY YOU TO US. E. NEITHER YOU NOR WE CAN RECOVER (1) PUNITIVE DAMAGES, (2) TREBLE, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, OR (3) ATTORNEY'S FEES. YOU CANNOT RECOVER THESE TYPES OF DAMAGES OR FEES FROM ANY THIRD PARTY BENEFICIARY, EITHER. YOU AND WE AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED IN THIS AGREEMENT. F. WE HAVE NO LIABILITY FOR SERVICE INTERRUPTIONS OF 30 DAYS OR LESS. TO RECEIVE SERVICE CREDIT FOR LONGER INTERRUPTIONS, YOU MUST NOTIFY US WITHIN 60 DAYS AFTER THE TIME WHEN THAT SERVICE INTERRUPTION STARTED. Except for any credits provided voluntarily by us for a dropped call, or credits for interrupted service as described above, NO ONE IS LIABLE TO YOU FOR DROPPED CALLS OR INTERRUPTED SERVICE, OR FOR PROBLEMS CAUSED BY OR CONTRIBUTED TO BY YOU, BY ANY THIRD PARTY, BY BUILDINGS, HILLS, TUNNELS, NETWORK CONGESTION, WEATHER, OR ANY OTHER LEGAL THEORY;THINGS WE OR OUR SERVICE PROVIDERS DON'T CONTROL. G. YOU UNDERSTAND AND AGREE THAT THE SERVICES UTILIZE A CELLULAR PHONE NETWORK TO PROVIDE SERVICE, AS DESCRIBED IN SECTIONS 7 and 9 ABOVE. NEITHER WE NOR THE WIRELESS CARRIER CAN GUARANTY THE PRIVACY OR SECURITY OF WIRELESS TRANSMISSIONS. NEITHER WE NOR THE WIRELESS CARRIER WILL BE LIABLE FOR ANY LACK OF SECURITY RELATING THE USE OF THE DEVICE OR THE SERVICES, OR FOR ANY DAMAGES ARISING FROM OR RELATED TO THE LACK OF PRIVACY OR SECURITY OF WIRELESS TRANSMISSIONS. IN ADDITION TO ANYTHING ELSE IN THIS AGREEMENT, YOU AGREE TO EXCUSE ANY NON- PERFORMANCE BY US OR ANY SERVICE PROVIDER CAUSED IN WHOLE OR IN PART BY AN ACT OR OMISSION OF A THIRD PARTY, OR BY ANY EQUIPMENT FAILURE, ACT OF GOD, NATURAL DISASTER, STRIKE, EQUIPMENT OR FACILITY SHORTAGE, OR OTHER CAUSES BEYOND THE CONTROL OF US OR OUR SERVICE PROVIDERS. H. If another wireless Service Provider is involved in any problem (for example, because of roaming), you also agree to any limitations of liability that it imposes on its customers. I. YOU AGREE THAT NONE OF US, NISSAN OR ANY SERVICE PROVIDER WHO SENDS YOU DATA OR INFORMATION THROUGH THE SERVICES, IS LIABLE FOR ANY ERRORS, DEFECTS, PROBLEMS, OR MISTAKES IN THAT DATA OR INFORMATION. J. TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SIRIUS XM, NISSAN, AND THE UNDERLYING WIRELESS SERVICE CARRIER, AND OUR AND THEIR AFFILIATES, RESPECTIVE OFFICERS, EMPLOYEES, AND AGENTS AGAINST ANY AND ALL COSTS, EXPENSES, ACTS, ACTIONS OR CLAIMS, INCLUDING WITHOUT LIMITATION CLAIMS FOR LIBEL, SLANDER, OR ANY PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, ARISING IN ANY WAY, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH THIS AGREEMENT, THE ACTIVITIES CONTEMPLATED BY THIS AGREEMENT, OR THE USE, FAILURE TO USE, OR INABILITY TO USE THE SYSTEM OR THE SERVICES, EXCEPT WHERE THE CLAIMS RESULT FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. K. You agree that the limitations of liability and indemnities in this Agreement will survive even after the Agreement has ended. These limitations of liability apply not only to you, but to anyone using or occupying your Vehicle, to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to the Services or the System.

Limitations of Liability. SOME COUNTRIES DO WE AND OUR AFFILIATES AND LICENSORS WILL NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE TO YOU FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIALDIRECT, EXEMPLARYINDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL CONSEQUENTIAL OR AGGRAVATED DAMAGES, EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUESPROFITS, FAILURE TO REALIZE ANY EXPECTED SAVINGSGOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITYUSE, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITYDATA), FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. . NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (a) YOUR INABILITY TO USE BRP OR THE BIX REAL, INCLUDING AS A RESULT OF ANY TERMINATION OR SUSPENSION OF THE BIX REAL OR THIS AGREEMENT, POWER OUTAGES, MAINTENANCE, DEFECTS, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issueTHE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable lawANY INVESTMENTS, to the extent RIM is liable to You hereunderEXPENDITURES, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE BIX REAL PLATFORM; OR (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY DATA, INCLUDING RECORDS, PRIVATE KEY OR OTHER CREDENTIALS, ASSOCIATED WITH ANY BRP, WHETHER OR NOT OBTAINED UNDER THIS AGREEMENT AS PART OF THE RESULTING DISTRIBUTION. IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO VALUE (IN UNITED STATES DOLLARS AT THE OTHER ONLY AS EXPRESSLY PROVIDED TIME OF THE ICO) YOU PAID US IN FOR BRP UNDER THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATIONIN THE ICO. YOU WAIVE YOUR RIGHT TO DEMAND THE RETURN OF ANY BITCOIN OR FIAT YOU PAID US IN THE ITO UNDER ANY CIRCUMSTANCES, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISEINCLUDING A DEMAND FOR SPECIFIC PERFORMANCE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW IN NO EVENT SHALL WE, OUR PARENT AND AFFILIATES, AND THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF PAYPAL, OUR PARENT OR OUR AFFILIATES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR EXCLUSION LOSS OF CONSEQUENTIALBUSINESS) ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, INDIRECT THE PAYPAL SERVICES, OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), UNLESS AND TO THE EXTENT PROHIBITED BY LAW. OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND AFFILIATES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS, TO YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS ANY THIRD PARTIES IN THIS SECTION MAY NOT APPLY TO YOU. (a) ANY CIRCUMSTANCE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT ACTUAL AMOUNT OF DIRECT DAMAGES. IN ADDITION, TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATIONPAYPAL, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONSOUR PARENT, AND DISCLAIMERS IN THIS AGREEMENT SHALL: AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND SUPPLIERS ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD THESE PARTIES RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCELOSS OF MONEY, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACTGOODWILL, OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY OTHER LEGAL THEORYSPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (1) YOUR USE OF OR YOUR INABILITY TO USE PAYPAL’S SITES AND SERVICES; (2) DELAYS OR DISRUPTIONS IN PAYPAL’S SITES AND SERVICES;

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM XXXXXX’X (INCLUDING ITS SUPPLIERS’) LIABILITY EXCEED THE AMOUNT OF THE SOFTWARE LICENSE FEES ACTUALLY PAID BY USER. IN NO EVENT WILL HYLAND OR ITS DIRECT OR INDIRECT SUPPLIERS BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARYINDIRECT, INCIDENTAL, INDIRECTCONSEQUENTIAL, SPECIAL, PUNITIVE, MORAL SPECIAL OR AGGRAVATED PUNITIVE DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUESINCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, FAILURE TO REALIZE ANY EXPECTED LOST SAVINGS, BUSINESS INTERRUPTIONINTERRUPTION DAMAGES OR EXPENSES, THE COSTS OF SUBSTITUTE SOFTWARE, LOSSES RESULTING FROM ERASURE, DAMAGE, DESTRUCTION OR OTHER LOSS OF BUSINESS FILES, DATA OR PROGRAMS OR THE COST OF RECOVERING SUCH INFORMATION, LOSS OF BUSINESS OPPORTUNITYOR CLAIMS BY THIRD PARTIES, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS HYLAND OR SUCH SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable lawDAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable lawIN NO EVENT SHALL MICROSOFT CORPORATION, to the extent RIM is liable to You hereunderAS A SUPPLIER TO HYLAND OF THIRD PARTY SOFTWARE BUNDLED WITH THE SOFTWARE LICENSED UNDER THIS XXXX, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF FIVE DOLLARS ($5.00). FOR USERS THAT PROVIDE HEALTHCARE SERVICES: IF USER USES THE SOFTWARE IN A CLINICAL SETTING, USER ACKNOWLEDGES THAT THE SOFTWARE IS AN ADVISORY DEVICE AND IS NOT INTENDED TO SUBSTITUTE FOR THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT PRIMARY DEFENSES AGAINST DEATH OR INJURY DURING MEDICAL DIAGNOSIS, TREATMENT OR SIMILAR APPLICATIONS, WHICH DEFENSES SHALL CONTINUE TO BE THE SKILL, JUDGMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE KNOWLEDGE OF THE NATURE USER’S USERS OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;SOFTWARE.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You You: (i) in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution.; or (ii) to the extent resulting directly from RIM’s gross negligence or willful misconduct.. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW EXCEPT FOR ANY UNAUTHORIZED USE OR DISCLOSURE OF GOOGLE’S INTELLECTUAL PROPERTY RIGHTS, OR A PARTY’S BREACH OF CONFIDENTIALITY OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE LIMITATION OR EXCLUSION OF OTHER PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INDIRECT SPECIAL, INCIDENTAL, RELIANCE, OR PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST REVENUES, LOST SAVINGS, OR HARM TO BUSINESS, AND EXCEPT AS SET FORTH AT THE BEGINNING OF THIS SECTION, EACH PARTY HEREBY RELEASES THE OTHER DAMAGES IN CONTRACTS WITH CONSUMERS PARTY, ITS SUBSIDIARIES, PARENT COMPANIES AND TO THE EXTENT YOU ARE AFFILIATES, AND THEIR RESPECTIVE TRUSTEES, OFFICERS, DIRECTORS, MANAGERS, COUNCIL MEMBERS, EMPLOYEES, AND AGENTS, FROM ANY SUCH CLAIM FOR SUCH TYPES OF DAMAGES. EXCEPT FOR ANY BREACH OF GOOGLE’S INTELLECTUAL PROPERTY RIGHTS, OR A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENTPARTY’S CONFIDENTIALITY, OBLIGATIONS HEREUNDER, IN NO EVENT SHALL RIM BE LIABLE THE AGGREGATE LIABILITY OF EITHER PARTY FOR ANY BREACH OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY EXCEED TWO MILLION DOLLARS $2,000,000.00. IN PARTICULAR WITH RESPECT TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;CONSTRUCTION,

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION UNDER NO CIRCUMSTANCES SHALL WE OR EXCLUSION ANY OF CONSEQUENTIALOUR OFFICERS, INDIRECT DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM SUBSIDIARIES BE LIABLE TO YOU FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIALINDIRECT, EXEMPLARYPUNITIVE, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVECONSEQUENTIAL, MORAL OR AGGRAVATED EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCEDAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS OR USE OF OR INABILITY TO ACCESS OR USE OF OUR SERVICES, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR SERVICES OR THE INFORMATION CONTAINED WITHIN IT, WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTEOR OTHERWISE, BREACH ARISING OUT OF CONTRACTOR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR ANY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER LEGAL THEORY;THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED IN THE AGGREGATE (A) THE AMOUNTS YOU HAVE PAID US TO US IN THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION. THE FOREGOING LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM THINGTHING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIALDIRECT, EXEMPLARYINDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, CONSEQUENTIAL DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR WHATSOEVER RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTIONUSE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, MOBILE SERVICES), OR ANY PORTION THEREOF(I) ERRORS, BY ANYONE OTHER THAN RIMMISTAKES, DOWNTIME COSTSOR INACCURACIES OF CONTENT OR DATA, LOSS (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR BLACKBERRY SOLUTION OUR SECURE SERVERS AND/OR ANY PORTION THEREOF AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DATA OR FOR ANY LOSS OR DAMAGE OF ANY THIRD PARTY SERVICES KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR THIRD PARTY ITEMSDATA POSTED, COST OF SUBSTITUTE GOODSEMAILED, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITALTRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTIONLEGAL THEORY, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN THINGTHING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) . THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE LAW, EACH PARTY JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THINGTHING SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL THINGTHING’S TOTAL AGGREGATE LIABILITY TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN YOU UNDER THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO EXCEED THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION AMOUNT PAID BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;TO USE THE SERVICE DURING THE PRIOR SIX (6) MONTHS.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIALSome provinces (including Quebec) do not allow an exclusion of liability for certain types of injuries or certain types of damages. If these laws apply to you, INDIRECT OR you have only those rights that are required to be provided to you under applicable law and all other liabilities and damages are hereby disclaimed. IN ALL OTHER DAMAGES IN CONTRACTS WITH CONSUMERS PROVINCES: YOU AND TO THE EXTENT YOU WE ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOUEACH WAIVING IMPORTANT RIGHTS. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE A. WE ARE NOT LIABLE FOR THE ACTIONS OR INACTIONS OF ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL SERVICE PROVIDER WE CONTACT FOR YOU OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITYYOUR VEHICLE, OR CORRUPTION FOR OUR INABILITY TO CONTACT ANY SERVICE PROVIDER IN ANY PARTICULAR SITUATION. B. WE ARE NOT LIABLE TO YOU FOR (1) ANY INJURIES TO PERSONS OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES PROPERTY ARISING OUT OF OR RELATED RELATING TO THIS AGREEMENT YOUR, A DRIVER’S, AN OCCUPANT’S OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED VEHICLE’S USE OF THE POSSIBILITY HYUNDAI BLUELINK SYSTEM OR THE HYUNDAI BLUELINK SERVICE, OR; (2) ANY DAMAGES ARISING OUT OF SUCH DAMAGESOR RELATING TO THE INSTALLATION, REPAIR, OR MAINTENANCE OF THE HYUNDAI BLUELINK SYSTEM. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO C. THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE AGGREGATE LIABILITY OF HYUNDAI BLUELINK SERVICE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, YOU UNDER STATUTE OR OTHERWISE. ANY THEORY (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, INCLUDING BUT NOT LIMITED TOTO FRAUD, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTEMISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO THE GREATER OF (I) $500 OR (II) THE TOTAL AMOUNT PAID BY YOU FOR THE PORTION OF THE HYUNDAI BLUELINK SERVICE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE DATE YOUR CLAIM AROSE. YOU AGREE THAT WE WOULD NOT HAVE AGREED TO PROVIDE THE HYUNDAI BLUELINK SERVICE TO YOU IF YOU DID NOT AGREE TO THIS LIMITATION. THIS AMOUNT IS THE SOLE AND EXCLUSIVE LIABILITY OF HYUNDAI AND ANY OTHER THIRD PARTY BENEFICIARIES TO YOU, AND IS PAYABLE AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. D. YOU ARE NOT ENTITLED TO RECOVER (1) PUNITIVE OR EXEMPLARY DAMAGES, (2) CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES, OR (3) LEGAL FEES (EXCEPT IN CONNECTION WITH INDEMNIFICATION CLAIMS AS PROVIDED IN THIS AGREEMENT). YOU AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, ACTUAL, COMPENSATORY DAMAGES AS LIMITED IN THIS AGREEMENT. E. WE HAVE NO LIABILITY FOR SERVICE INTERRUPTIONS OF 30 DAYS OR LESS, OR FOR ANY SERVICE INTERRUPTIONS DURING THE 5 YEAR FREE TRIAL PERIOD. TO RECEIVE SERVICE CREDIT FOR INTERRUPTIONS GREATER THAN 30 DAYS OCCURING AFTER THE END OF THE 3 YEAR FREE TRIAL PERIOD (2018 AND 2019 MODEL YEARS THE FREE TRIAL PERIOD IS 5 YEARS), YOU MUST NOTIFY US WITHIN 60 DAYS AFTER THE TIME WHEN THE SERVICE INTERRUPTION STARTED. EXCEPT FOR ANY CREDITS PROVIDED VOLUNTARILY BY US FOR A DROPPED CALL, OR CREDITS FOR INTERRUPTED SERVICE AS DESCRIBED ABOVE, NO ONE IS LIABLE TO YOU FOR DROPPED CALLS OR INTERRUPTED SERVICE, OR FOR PROBLEMS CAUSED BY OR CONTRIBUTED TO BY YOU, BY ANY THIRD PARTY, BY BUILDINGS, HILLS, TUNNELS, NETWORK CONGESTION, WEATHER, OR ANY OTHER LEGAL THEORY;THINGS WE ARE UNABLE TO CONTROL. F. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, YOU AGREE TO EXCUSE ANY NON-PERFORMANCE BY US CAUSED IN WHOLE OR IN PART BY AN ACT OR OMISSION OF A THIRD PARTY, OR BY ANY EQUIPMENT FAILURE, ACT OF GOD, NATURAL DISASTER, STRIKE, EQUIPMENT OR FACILITY SHORTAGE, OR OTHER CAUSES BEYOND OUR CONTROL. G. IF ANOTHER WIRELESS SERVICE PROVIDER IS INVOLVED IN ANY PROBLEM (FOR EXAMPLE, BECAUSE OF ROAMING), YOU ALSO AGREE TO ANY LIMITATIONS OF LIABILITY THAT IT IMPOSES ON ITS CUSTOMERS. H. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY ERRORS, DEFECTS, PROBLEMS, OR MISTAKES IN DATA OR INFORMATION TRANSMITTED THROUGH THE HYUNDAI BLUELINK SYSTEM. I. You agree that the limitations of liability and indemnities in this Agreement will survive even after the Agreement has ended. These limitations of liability apply not only to you, but to anyone using your Vehicle, to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, heirs, representatives, trustees, executors, successors or others arising out of or relating to your Hyundai BlueLink Service, or Hyundai BlueLink System.

Limitations of Liability. 10.1. EXCEPT TO THE EXTENT THE FOLLOWING LIMITATION OF LIABILITY IS PROHIBITED BY LAW, PINGCAP'S TOTAL LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES SUSTAINED BY YOU UP TO A MAXIMUM AMOUNT OF THE FEES PAID BY YOU TO PINGCAP UNDER THE APPLICABLE ORDER FORM; PROVIDED THAT, REGARDLESS OF ANY LAW, NO CLAIM OR CAUSE OF ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THIS CSA MAY BE BROUGHT BY YOU MORE THAN TWELVE (12) MONTHS AFTER YOU BECOME AWARE OF, OR SHOULD REASONABLY HAVE BECOME AWARE OF, THE FACTS GIVING RISE TO THE CAUSE OF ACTION. WITHOUT LIMITING THE FOREGOING, NEITHER PINGCAP NOR ANY OF ITS LICENSORS SHALL BE LIABLE TO YOU FOR PERSONAL INJURY, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, OR FOR DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL OR LOST PROFITS, UNDER ANY THEORY OF LIABILITY, INCLUDING CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS CSA, EVEN IF PINGCAP HAS BEEN ADVISED OF THE RISK OF SUCH DAMAGES. 10.2. THE LIMITATIONS SET FORTH IN THIS SECTION 10 WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION AND IN THE OTHER PROVISIONS OF THIS CSA AND THE ALLOCATION OF RISK HEREIN ARE ESSENTIAL ELEMENTS OF THE BARGAIN BETWEEN THE PARTIES, WITHOUT WHICH PINGCAP WOULD NOT HAVE ENTERED INTO THIS CSA. • 10.3. SOME COUNTRIES JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR EXCLUSION OF CONSEQUENTIALINCIDENTAL OR CONSEQUENTIAL DAMAGES, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN SO THIS SECTION LIMITATION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;

Limitations of Liability. SOME COUNTRIES DO EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, NETWORK SOLUTIONS SHALL NOT ALLOW BE LIABLE TO THE LIMITATION RELYING PARTY (OR EXCLUSION ANY OTHER PERSON OR ENTITY) WHETHER IN CONTRACT (INCLUDING UNDER ANY INDEMNITY OR WARRANTY), IN TORT (INCLUDING NEGLIGENCE), UNDER STATUTE OR OTHERWISE FOR ANY LOSS OR DAMAGES INCURRED BY SUCH PARTY, INCLUDING BUT NOT LIMITED TO LOSS OF CONSEQUENTIALPROFITS, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA, LOSS OF CONTRACT OR OPPORTUNITY OR LOSS OF GOODWILL, WHETHER THAT LOSS OR DAMAGE IS DIRECT, INDIRECT OR OTHER DAMAGES CONSEQUENTIAL. YOU AGREE THAT OUR ENTIRE MAXIMUM LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN CONTRACTS LAW, IN EQUITY, OR OTHERWISE, WITH CONSUMERS AND RESPECT TO ANY NETWORK SOLUTIONS SSL CERTIFICATE SERVICE(S) AND/OR THIS AGREEMENT AND/OR YOUR RELIANCE ON ANY SSL CERTIFICATE SERVICES IS SOLELY LIMITED TO ANY PAYMENT, IF ANY, MADE TO YOU UNDER THE EXTENT RELYING PARTY GUARANTEE ASSOCIATED WITH THE SSL CERTIFICATE SERVICES UPON WHICH YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS HAVE RELIED IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN ACCORDANCE WITH THIS AGREEMENT, . IN NO EVENT SHALL RIM NETWORK SOLUTIONS, ITS LICENSORS AND CONTRACTORS (INCLUDING THIRD PARTIES PROVIDING SERVICES AS PART OF THE SUBSCRIPTION SERVICE) BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARYINDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL SPECIAL OR AGGRAVATED DAMAGES, CONSEQUENTIAL DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM NETWORK SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) . TO THE MAXIMUM EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN NETWORK SOLUTIONS' LIABILITY IS LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY LAW IN SUCH STATE. NETWORK SOLUTIONS SHALL NOT BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) RELYING PARTY FOR ANY LOSS SUFFERED BY THE RELYING PARTY DUE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE SUBSCRIBER'S BREACH OF THE NATURE SUBSCRIBER AGREEMENT or EV SSL SUBSCRIBER AGREEMENT, IF APPLICABLE. NETWORK SOLUTIONS SHALL NOT BE LIABLE TO THE RELYING PARTY FOR ANY LOSS INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, SUFFERED BY ANY PARTY DUE TO THE LOSS, THEFT, UNAUTHORIZED DISCLOSURE, UNAUTHORIZED MANIPULATION, ALTERATION, LOSS OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACTUSE, OR ANY OTHER LEGAL THEORY;COMPROMISE OF ANY PRIVATE KEY USED BY THE SUBSCRIBER. Additionally, Network Solutions' total aggregate liability to all persons under any Relying Party Guarantee associated with any given Digital Certificate or Network Solutions Site Seal shall be limited as follows: nsProtect™ Secure Xpress - $10,000 (or the local currency equivalent thereof); nsProtect™ Secure Basic - $50,000 (or the local currency equivalent thereof); nsProtect™ Secure Advanced - $1,000,000 (or the local currency equivalent thereof); nsProtect™ Secure Wildcard - $1,000,000 (or the local currency equivalent thereof); nsProtect™ Secure EV - $1,000,000 (or the local currency equivalent thereof); nsProtect™ Assured Site Seal - $50,000 (or the local currency equivalent thereof). Any Relying Party Guarantee is subject to the terms and conditions of the Relying Party Guarantee as provided in the Repository.

Limitations of Liability. VENDOR WILL NOT BE LIABLE TO YOU (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM YOUR RIGHTS) FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES (INCLUDING WITHOUT LIMITATION INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND), WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER VENDOR WAS ADVISED, HAD OTHER REASON TO KNOW, SHOULD HAVE ANTICIPATED, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES OR THAT DIRECT DAMAGES WOULD NOT BE A SATISFACTORY REMEDY. SOME COUNTRIES STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR EXCLUSION OF CONSEQUENTIALCONSEQUENTIAL DAMAGES, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE SO THESE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, . IN NO EVENT SHALL RIM BE LIABLE FOR VENDOR’S TOTAL LIABILITY WITH RESPECT TO ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE AND ALL CLAIMS AT ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING AND ALL TIMES ARISING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT EXCEED THE MAPPING SERVICE FEES PAID BY YOU FOR THE WEB SITE. THESE LIMITATIONS APPLY EVEN IF THE REMEDY AVAILABLE TO YOU DOES NOT FULLY COMPENSATE YOU FOR YOUR LOSS OR YOUR BLACKBERRY SOLUTIONFAILS OF ITS ESSENTIAL PURPOSE. THE PROVISIONS OF THIS SECTION ARE INDEPENDENT OF, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEENSEVERABLE FROM, AND EVEN IF RIM HAS BEEN ADVISED TO BE ENFORCED INDEPENDENTLY OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIALBy using any of Auto+ Performance’s Subscription Service, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NONNon-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in Subscription Services or Products you agree that you are fully responsible for your progress and results from your participation and that Auto+ Performance offers no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You representations or guarantees regarding your business profit and earnings and that you are solely responsible for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) your progress. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONSWEBSITE, EXCLUSIONSSUBSCRIPTION SERVICE AND NON- SUBSCRIPTION SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. AUTO+ PERFORMANCE AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE WEBSITE, SUBSCRIPTION SERVICE, NON-SUBSCRIPTION SERVICES, AND DISCLAIMERS THE AUTO+ PERFORMANCE CONTENT INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AUTO+ PERFORMANCE IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY OR ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, EVEN IF SUCH PARTY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE NATURE POSSIBILITY OF DAMAGES. EXCEPT FOR CUSTOMER'S LIABILITY FOR PAYMENT OF FEES AND CUSTOMER'S LIABILITY ARISING FROM ITS INDEMNITY OBLIGATIONS, IF, NOTWITHSTANDING THE CAUSE OTHER TERMS OF ACTIONTHIS AGREEMENT, DEMAND EITHER PARTY IS DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY OR ACTION ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF A PARTY AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO THE LESSER OF ONE HUNDRED DOLLARS OR THE TOTAL AMOUNTS ACTUALLY PAID BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT CUSTOMER UNDER THE APPLICABLE ORDER FORM FOR THE SUBSCRIPTION SERVICE OR NON-SUBSCRIPTION SERVICES IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. AUTO+ PERFORMANCE DISCLAIMS ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS USED BY CUSTOMER. AUTO+ PERFORMANCE LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT AND AUTO+ PERFORMANCE’S LIABILITY WITH RESPECT TO ANY THIRD-PARTY PRODUCTS OR THIRD PARTY CONTENT PROVIDED WITH THE SUBSCRIPTION SERVICE AND NON-SUBSCRIPTION SERVICES SHALL BE SUBJECT TO THIS SECTION. CUSTOMER UNDERSTANDS AND AGREES THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK AND AN ESSENTIAL PART OF THIS AGREEMENT. CUSTOMER UNDERSTANDS AND AGREES THAT ABSENT CUSTOMER’S AGREEMENT TO THIS LIMITATION OF LIABILITY, STATUTEAUTO+ PERFORMANCE WOULD NOT PROVIDE THE SUBSCRIPTION SERVICE OR NON-SUBSCRIPTION SERVICES TO CUSTOMER. Auto+ Performance may update and change any part or all of this Agreement, BREACH OF CONTRACTincluding fees. If Auto+ Performance updates or changes this Agreement, OR ANY OTHER LEGAL THEORY;the updated Agreement will be posted at xxxxx://xxx.xxxxxxxxxxxxxxxxxxx.xxx/terms. The updated Agreement will become effective and binding on the next business day after it is posted. Auto+ Performance encourages Customer to review this Agreement periodically. No delay in exercising any right or remedy will operate as a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be construed as a waiver of any right or remedy on any future occasion. Notwithstanding the foregoing, Auto+ Performance will comply with all applicable laws and regulations to the extent that any change or update to this Agreement changes or updates the manner in which Auto+ Performance will collect, use, process, share, or store Personal Data. To the maximum extent permitted by law, this Agreement and all Order Form(s) shall be governed by the laws of Canada and the USA without reference to conflicts of law principles, and both parties hereby consent to the exclusive jurisdiction and venue of courts in Canada, USA in all disputes arising out of or relating to the use of the Subscription Service. Use of the Subscription Service or Non-Subscription Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM XXXXXX’X (INCLUDING ITS SUPPLIERS’) LIABILITY EXCEED THE AMOUNT OF THE SOFTWARE LICENSE FEES ACTUALLY PAID BY USER. IN NO EVENT WILL HYLAND OR ITS DIRECT OR INDIRECT SUPPLIERS BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARYINDIRECT, INCIDENTAL, INDIRECTCONSEQUENTIAL, SPECIAL, PUNITIVE, MORAL SPECIAL OR AGGRAVATED PUNITIVE DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUESINCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, FAILURE TO REALIZE ANY EXPECTED LOST SAVINGS, BUSINESS INTERRUPTIONINTERRUPTION DAMAGES OR EXPENSES, THE COSTS OF SUBSTITUTE SOFTWARE, LOSSES RESULTING FROM ERASURE, DAMAGE, DESTRUCTION OR OTHER LOSS OF BUSINESS FILES, DATA OR PROGRAMS OR THE COST OF RECOVERING SUCH INFORMATION, LOSS OF BUSINESS OPPORTUNITYOR CLAIMS BY THIRD PARTIES, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS XXXXXX SOFTWARE, INC. OR SUCH SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable lawDAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable lawIN NO EVENT SHALL MICROSOFT CORPORATION, to the extent RIM is liable to You hereunderAS A SUPPLIER TO HYLAND OF THIRD PARTY SOFTWARE BUNDLED WITH THE SOFTWARE LICENSED UNDER THIS AGREEMENT, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF FIVE DOLLARS ($5.00). FOR USERS THAT PROVIDE HEALTHCARE SERVICES: IF USER USES THE SOFTWARE IN A CLINICAL SETTING, USER ACKNOWLEDGES THAT THE SOFTWARE IS AN ADVISORY DEVICE AND IS NOT INTENDED TO SUBSTITUTE FOR THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT PRIMARY DEFENSES AGAINST DEATH OR INJURY DURING MEDICAL DIAGNOSIS, TREATMENT OR SIMILAR APPLICATIONS, WHICH DEFENSES SHALL CONTINUE TO BE THE SKILL, JUDGMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE KNOWLEDGE OF THE NATURE USER’S USERS OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;SOFTWARE.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.DRAFT (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) 11.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL LASERFICHE WILL NOT BE LIABLE TO SUBSCRIBER, SUBSCRIBER’S AFFILIATES, OR ANY USER, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR LOSS OF PROFITS, SALES, BUSINESS OPPORTUNITIES, REVENUES, GOODWILL, REPUTATION, DATA USE, OR DATA, EVEN IF WE OR OUR AFFILIATES, LICENSORS, AND SERVICE PROVIDERS (INCLUDING AWS AND LASERFICHE CLOUD SOLUTION PROVIDERS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED ON A BREACH OF CONTRACT OR WARRANTY, OR NEGLIGENCE, MISREPRESENTATION OR OTHER ONLY AS EXPRESSLY PROVIDED IN TORT, OR ON ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR CONCERNING THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATIONOR LASERFICHE CLOUD OR THE LASERFICHE CLOUD SUBSCRIPTIONS, DUTYLASERFICHE SOFTWARE, LASERFICHE CONTENT, SERVICES ENVIRONMENT OR LIABILITY WHATSOEVER WHETHER IN CONTRACTTHE SERVICES PROVIDED HEREUNDER, TORTINCLUDING ANY SYSTEMS, UNDER STATUTE NETWORKS OR OTHERWISEENVIRONMENTS, RELATED TO THE FOREGOING. (f) 11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE LIMITATIONSAGGREGATE CUMULATIVE LIABILITY OF LASERFICHE FOR ANY AND ALL DAMAGES SUFFERED BY SUBSCRIBER, EXCLUSIONSSUBSCRIBER’S AFFILIATES, AND DISCLAIMERS IN USERS, AND ANYONE ELSE, ARISING OUT OF OR CONCERNING THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE 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, WHETHER BASED ON A BREACH OF CONTRACT OR WARRANTY, OR NEGLIGENCE, MISREPRESENTATION OR OTHER TORT, OR ON ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNT OF FEES SUBSCRIBER PAYS LASERFICHE FOR THE APPLICABLE LASERFICHE CLOUD SUBSCRIPTION GIVING RISE TO THE LIABILITY LIMITED TO THE AMOUNT ACTUALLY PAID DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT SUBSCRIBER FIRST LEARNED OF THE NATURE OF EVENT THAT GAVE RISE TO THE CAUSE OF ACTIONCLAIM RELATED TO SUCH SUBSCRIPTION. 11.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEMAND OR ACTION BY YOU INCLUDINGOUR AFFILIATES, BUT LICENSORS, AND SERVICE PROVIDERS (INCLUDING AWS AND LASERFICHE CLOUD SOLUTION PROVIDERS), WILL NOT LIMITED TOBE LIABLE TO SUBSCRIBER, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACTSUBSCRIBER’S AFFILIATES, OR ANY USER, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR LOSS OF PROFITS, SALES, BUSINESS OPPORTUNITIES, REVENUES, GOODWILL, REPUTATION, DATA USE, OR DATA, EVEN IF WE OR OUR AFFILIATES, LICENSORS, AND SERVICE PROVIDERS (INCLUDING AWS AND LASERFICHE CLOUD SOLUTION PROVIDERS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED ON A BREACH OF CONTRACT 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.

Limitations of Liability. SOME COUNTRIES DO PROVIDER’S TOTAL LIABILITY TO CUSTOMER AND ANY OF ITS AUTHORIZED USERS SHALL NOT ALLOW EXCEED THE LIMITATION OR EXCLUSION FEES PAID TO PROVIDER BY CUSTOMER FOR THE FAILED SERVICE FEATURE DURING THE PERIOD OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, FAILURE. IN NO EVENT SHALL RIM WILL PROVIDER OR ITS AFFILIATES BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIALTO CUSTOMER, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL ITS AUTHORIZED USERS OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES FOR (A) ANY CLAIMS ASSERTING OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING BASED ON THE USE, INABILITY TO USE, LOSS, INTERRUPTION OR DELAY OF THE PERFORMANCE SERVICES, LOSS OF USE OF FACILITY OR NON-PERFORMANCE EQUIPMENT, LOST BUSINESS, REVENUES OR PROFITS, LOSS OF YOUR BLACKBERRY SOLUTIONGOODWILL, WHETHER FAILURE TO ACHIEVE COST SAVINGS, FAILURE OR NOT SUCH DAMAGES WERE FORESEEN INCREASED COST OF OPERATIONS, LOSS, DAMAGE OR UNFORESEENCORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SERVICE FAILURE, MALFUNCTION, DOWNTIME, SHUTDOWN, SERVICE INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION OR BREACHES IN SYSTEM SECURITY, OR (B) FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, IN THE CASE OF EACH OF CLAUSE (A) AND CLAUSE (B), EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DAMAGES OR SUCH DAMAGES ARE OTHERWISE FORESEEABLE, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE STRICT LIABILITY OR OTHERWISE. (f) TO UPON WHICH THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONSCLAIM IS BASED, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE NOTWITHSTANDING THE FAILURE OF THE NATURE ANY AGREED OR OTHER REMEDY OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;ITS ESSENTIAL PURPOSE.

Limitations of Liability. SOME COUNTRIES DO 10.1 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT ALLOW THE LIMITATION LIMITED TO, NEGLIGENCE, WILL BRAINSIGHTS OR EXCLUSION OF CONSEQUENTIALITS AFFILIATES, INDIRECT CONTRACTORS, EMPLOYEES, AGENTS, OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS THIRD-PARTY PARTNERS, LICENSORS, OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM SUPPLIERS BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIALSPECIAL, EXEMPLARYINDIRECT, INCIDENTAL, INDIRECT, SPECIALCONSEQUENTIAL, PUNITIVE, MORAL RELIANCE, OR AGGRAVATED DAMAGESEXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, DAMAGES FOR LOSS OF BUSINESS PROFITS OR LOST BUSINESS, LOST REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, ANTICIPATED PROFITS OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, PECUNIARY OR NON-PECUNIARY LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR DAMAGE OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES NATURE WHATSOEVER) ARISING OUT OF OR RELATED RELATING TO THIS AGREEMENT OR THAT RESULT FROM YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, USE OF OR YOUR INABILITY TO USEUSE THE DATA, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTIONANY OTHER INTERACTIONS WITH BRAINSIGHTS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM BRAINSIGHTS OR A BRAINSIGHTS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law10.2 IN NO EVENT WILL BRAINSIGHTS OR ITS AFFILIATES, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars.CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF (c) To the maximum extent permitted by applicable law10.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. BRAINSIGHTS’ LIABILITY WILL BE LIMITED TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE . 10.4 YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. DATA MUST COMMENCE WITHIN 1 (fONE) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF YEAR AFTER THE CAUSE OF ACTIONACTION ACCRUES. OTHERWISE, DEMAND OR SUCH CAUSE OF ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;IS PERMANENTLY BARRED.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED NOT PROHIBITED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENTLAW, IN NO EVENT SHALL RIM WILL UNYTE-ILS OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS OF THE FOLLOWING TYPES USE, LOST OR INACCURATE DATA, INTERRUPTION OF DAMAGES: CONSEQUENTIALBUSINESS, EXEMPLARYLOST PROFITS, INCIDENTALCOSTS OF DELAY, REPUTATIONAL HARM, OR ANY INDIRECT, SPECIAL, PUNITIVEINCIDENTAL, MORAL COVER, RELIANCE OR AGGRAVATED DAMAGESCONSEQUENTIAL DAMAGES OF ANY KIND, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUESHOWEVER CAUSED, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED EVEN IF INFORMED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS ADVANCE OF THE USE POSSIBILITY OF YOUR BLACKBERRY SOLUTION SUCH DAMAGES. IN NO EVENT WILL UNYTE-ILS’ OR ITS SUPPLIERS’ TOTAL LIABILITY EXCEED IN AGGREGATE THE AMOUNT ACTUALLY PAID OR PAYABLE BY CUSTOMER TO UNYTE-ILS FOR THE APPLICABLE UNYTE-ILS SERVICE OR RELATED SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. FOR FREE ACCESS SUBSCRIPTIONS OR BETA RELEASES PROVIDED WITHOUT CHARGE, UNYTE-ILS’ TOTAL LIABILITY SHALL NOT EXCEED IN AGGREGATE FIFTY U.S. DOLLARS ($50 US). THE LAWS IN SOME JURISDICTIONS MAY NOT ALLOW SOME OF THE LIMITATIONS OF LIABILITY IN THIS SECTION. IF ANY PORTION THEREOF OR OF THESE LAWS IS FOUND TO APPLY TO THIS AGREEMENT, THIS SECTION 17 SHALL APPLY TO THE MAXIMUM EXTENT NOT PROHIBITED BY SUCH LAW. EACH PARTY ACKNOWLEDGES AND AGREES THAT THIS SECTION 17 IS A FUNDAMENTAL BASIS OF THE BARGAIN AND A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES AND WILL SURVIVE AND APPLY TO ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT AGREEMENT, ANY UNYTE-ILS TECHNOLOGY OR YOUR BLACKBERRY SOLUTIONANY RELATED SERVICES, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED REGARDLESS OF THE POSSIBILITY THEORY OF SUCH DAMAGES. LIABILITY (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE STRICT LIABILITY OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW), THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS EVEN IF ANY LIMITED REMEDY IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE IS FOUND TO HAVE FAILED OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;ITS ESSENTIAL PURPOSE.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, Limitation. IN NO EVENT SHALL RIM WILL CORE SMARTWORK BE LIABLE TO CUSTOMER FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT AGREEMENT, EXCEPT TO THE EXTENT DIRECTLY CAUSED BY CORE SMARTWORK’S GROSS NEGLIGENCE OR YOUR BLACKBERRY SOLUTIONINTENTIONAL ACTS OR OMISSIONS. TO THE MAXIMUM EXTENT MANDATED BY LAW, INCLUDING THE IN NO EVENT WILL CORE SMARTWORK AND ITS SUBCONTRACTORS BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, INABILITY TO USELOSS OF REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PERFORMANCE PRECEDING LIMITATION MAY NOT APPLY TO CUSTOMER. CORE SMARTWORK’S AND ITS SUBCONTRACTOR’S LIABILITY UNDER THIS AGREEMENT WILL NOT, IN ANY EVENT, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STRICT LIABILITY, OR NONOTHERWISE, EXCEED THE FEES PAID BY CUSTOMER DURING THE 12-PERFORMANCE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF YOUR BLACKBERRY SOLUTION, WHETHER CORE SMARTWORK OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS ITS SUBCONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable lawDAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. CORE SMARTWORK SHALL NOT BE RESPONSIBLE FOR DATA OR INFORMATION UPLOADED, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) PUBLISHED OR OTHERWISE USED WITH THE SOFTWARE OR THAT IS REFERENCED OR LINKED TO BY THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN SOFTWARE. CUSTOMER MAY NOT BRING A CLAIM UNDER THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. MORE THAN TWELVE (f12) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF MONTHS AFTER THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;ARISES.

Limitations of Liability. SOME COUNTRIES DO BUYER AND GREAT DANE ARE EACH WAIVING IMPORTANT RIGHTS. UNLESS FORBIDDEN BY LAW IN A PARTICULAR INSTANCE, AND EACH AGREES AS FOLLOWS: a. GREAT DANE IS NOT ALLOW LIABLE FOR THE LIMITATION ACTIONS OR EXCLUSION INACTIONS OF CONSEQUENTIALANY SERVICE PROVIDER THAT GREAT DANE MAY CONTACT FOR BUYER OR BUYER’S GREAT DANE EQUIPMENT, INDIRECT OR OTHER FOR GREAT DANE’S INABILITY TO CONTACT ANY SERVICE PROVIDER IN ANY PARTICULAR SITUATION. b. GREAT DANE IS NOT LIABLE TO BUYER, AND BUYER AGREES TO RELEASE GREAT DANE, ITS SERVICES PROVIDERS AND ANY THIRD PARTY BENEFICIARY AND ALL OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES FROM ALL CLAIMS, LIABILITIES AND LOSSES ARISING FROM, IN CONNECTION WITH OR RELATED TO (i) ANY INJURIES TO PERSONS OR PROPERTY ARISING OUT OF OR RELATING TO BUYER’S USE OF OR RELIANCE UPON THE FLEETPULSE™ TELEMATICS SERVICES OR RELATED EQUIPMENT, OR (ii) ANY DAMAGES IN CONTRACTS WITH CONSUMERS AND ARISING OUT OF OR RELATING TO THE EXTENT YOU ARE A CONSUMER INSTALLATION, REPAIR, OR MAINTENANCE OF THE LIMITATIONS FLEETPULSE™ TELEMATICS SERVICES OR EXCLUSIONS ANY EQUIPMENT USED IN THIS SECTION MAY NOT APPLY CONJUNCTION WITH THE FLEETPULSE™ TELEMATICS SERVICES EVEN IF CAUSED BY THE NEGLIGENCE OF GREAT DANE OR MALFUNCTION OF THE FLEETPULSE™ TELEMATICS SERVICES. BUYER AGREES TO YOUINDEMNIFY, DEFEND, AND HOLD HARMLESS GREAT DANE AGAINST ALL SUCH CLAIMS, LIABILITIES AND LOSSES BROUGHT BY THIRD PARTIES. c. GREAT DANE’S MAXIMUM LIABILITY TO BUYER UNDER ANY THEORY OR CLAIM (aINCLUDING BUT NOT LIMITED TO NEGLIGENCE, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, CONSUMER PROTECTION, RIGHT OF PRIVACY, OR PRODUCTS LIABILITY) IS LIMITED TO $2500. THIS AMOUNT IS THE MAXIMUM EXTENT PERMITTED SOLE AND EXCLUSIVE LIABILITY OF GREAT DANE TO BUYER, AND IS PAYABLE AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. d. EXCEPT FOR (I) A BREACH BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES BUYER OF SECTION 12 (INTELLECTUAL PROPERTY RIGHTS) OR (II) BUYER’S INDEMNITY OBLIGATIONS SET OUT FORTH IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF NEITHER BUYER NOR GREAT DANE CAN RECOVER PUNITIVE DAMAGES: , TREBLE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGESSPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), DAMAGES FOR LOSS OF BUSINESS PROFITS LOST OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITYDAMAGED DATA, OR CORRUPTION ATTORNEY’S FEES. BUYER CANNOT RECOVER THESE TYPES OF DAMAGES OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FEES FROM ANY ALTERATIONS SERVICE PROVIDER, EITHER. BUYER AND GREAT DANE AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED IN THIS AGREEMENT. e. GREAT DANE HAS NO LIABILITY FOR SERVICE INTERRUPTIONS. NO ONE IS LIABLE TO BUYER FOR INADEQUATE OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTIONDISCONTINUED WIRELESS OR GPS SIGNALS OR INTERRUPTED SERVICE, OR ANY PORTION THEREOFFOR PROBLEMS CAUSED BY OR CONTRIBUTED TO BY BUYER, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMSPARTY, COST OF SUBSTITUTE GOODSBY BUILDINGS, COSTS OF COVERHILLS, FACILITIES OR SERVICESTUNNELS, COST OF CAPITALNETWORK CONGESTION, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACTWEATHER, OR ANY OTHER LEGAL THEORY;THINGS GREAT DANE OR GREAT DANE’S SERVICE PROVIDERS DO NOT CONTROL. f. IF ANOTHER WIRELESS SERVICE PROVIDER IS INVOLVED IN ANY PROBLEM (FOR EXAMPLE, BECAUSE OF ROAMING), BUYER ALSO AGREES TO ANY LIMITATION OF LIABILITY THAT IT IMPOSES ON ITS CUSTOMERS. g. BUYER AGREES THAT NEITHER GREAT DANE, NOR ANY SERVICE PROVIDER WHO SENDS BUYER DATA OR INFORMATION THROUGH GREAT DANE, IS LIABLE FOR ANY ERRORS, DEFECTS, PROBLEMS, OR MISTAKES IN THAT DATA OR INFORMATION. h. BUYER HAS NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH ANY OF GREAT DANE’S WIRELESS SERVICE PROVIDERS AND IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN GREAT DANE AND ANY OF GREAT DANE’S WIRELESS SERVICE PROVIDERS. BUYER WAIVES ANY AND ALL CLAIMS OR DEMANDS FOR SUCH LIABILITY. i. Buyer agrees that the limitations of liability, indemnities, and intellectual property provisions in this Agreement will survive even after the Agreement has ended. These limitations of liability apply not only to Buyer, but to anyone using Buyer’s Great Dane Equipment, to anyone making a claim on Buyer’s behalf, and to any claims made by Buyer’s family, employees, employers, customers, or others arising out of or relating to the FLEETPULSE™ Telematics Services. j. Some states do not allow an exclusion or limitation of incidental or consequential damages or certain other damages, so some of the limitations above may not apply in some situations.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION CHIA MAKES NO REPRESENTATIONS OR EXCLUSION OF CONSEQUENTIAL, INDIRECT WARRANTIES TO ANY PERSON OR OTHER DAMAGES IN CONTRACTS ENTITY WITH CONSUMERS AND RESPECT TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY CHIA DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACTSOFTWARE, OR ANY OTHER LEGAL THEORY;INFORMATION PROVIDED BY CHIA OR ITS AGENTS WITH RESPECT TO ANY OF THE FOREGOING, AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO CHIA DATA, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, CHIA MAKES NO WARRANTY, GUARANTEE OR REPRESENTATION REGARDING THE USE, OR ANY INTENDED, EXPECTED, OR ACTUAL RESULTS OF THE USE, OF CHIA DATA, THE SOFTWARE, OR ANY OTHER INFORMATION PROVIDED BY CHIA IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. CHIA DOES NOT MAKE ANY WARRANTIES THAT CHIA DATA, SOFTWARE, OR ANY OTHER INFORMATION PROVIDED BY CHIA WILL BE ERROR-FREE. CHIA SPECIFICALLY DISCLAIMS ALL EXPRESS WARRANTIES NOT STATED HEREIN AND ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO CHIA AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY EXPANSION, MODIFICATION, OR ADDITION TO THE LIMITATION AND EXCLUSION OF WARRANTIES IN THIS AGREEMENT. CHIA USES AVAILABLE TECHNOLOGY TO MATCH PATIENT IDENTITIES WITH THEIR HEALTH INFORMATION IN ORDER TO PROVIDE PARTICIPANTS WITH DE-IDENTIFIED PATIENT INFORMATION. BECAUSE PATIENT INFORMATION IS MAINTAINED IN MULTIPLE PLACES, NOT ALL OF WHICH ARE ACCESSIBLE TO CHIA, AND BECAUSE NOT ALL PATIENT INFORMATION IS KEPT IN A STANDARD FASHION OR IS REGULARLY UPDATED, IT IS POSSIBLE THAT FALSE MATCHES MAY OCCUR OR THAT THERE MAY BE ERRORS OR OMISSIONS IN THE INFORMATION. CHIA DOES NOT AND CANNOT INDEPENDENTLY VERIFY OR REVIEW THE INFORMATION TRANSMITTED FOR ACCURACY OR COMPLETENESS.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL IN NO EVENT WILL SOFFIAH BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATIONUNDER ANY LEGAL OR EQUITABLE THEORY, DUTYINCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR LIABILITY WHATSOEVER 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 GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER IN CONTRACTSOFFIAH WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. UNDER NO CIRCUMSTANCES XXXX XXXXXXX BE RESPONSIBLE FOR ANY DAMAGE, TORTLOSS OR INJURY RESULTING FROM HACKING, UNDER STATUTE TAMPERING OR OTHERWISE. (f) OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFFIAH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE LIMITATIONSSERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) 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 SERVICES; AND/OR (VII) CUSTOMER PROPERTY OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL SOFFIAH, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS’ 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, OR OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO SOFFIAH UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $50.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SOFFIAH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND DISCLAIMERS IN LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT SHALL: (i) WILL NOT APPLY IRRESPECTIVE OF TO THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION EXTENT PROHIBITED BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;APPLICABLE LAW.

Limitations of Liability. SOME COUNTRIES DO WE AND OUR AFFILIATES AND LICENSORS WILL NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE TO YOU FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIALDIRECT, EXEMPLARYINDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL CONSEQUENTIAL OR AGGRAVATED DAMAGES, EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS OR PROFITS, REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGSCUSTOMERS, BUSINESS INTERRUPTIONOPPORTUNITIES, LOSS OF BUSINESS INFORMATIONGOODWILL, LOSS OF BUSINESS OPPORTUNITYUSE, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITYDATA), FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law. FURTHER, in no event shall the aggregate liability of RIM exceed the greater ofNEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (iA) the amount paid by You for the RIM Product(sYOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) at issueTERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SERVICE LEVEL AGREEMENTS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON; (iiB) the amount paid for that portion of the Software at issueTHE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (iiiC) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable lawANY INVESTMENTS, to the extent RIM is liable to You hereunderEXPENDITURES, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSERVICE OFFERINGS; OR (D) ANY UNAUTHORIZED ACCESS TO, EACH PARTY SHALL BE LIABLE ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISEAROSE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;

Limitations of Liability. SOME COUNTRIES DO MOMENTUM MAY BE LIABLE TO YOU AND ANY OTHER PERSON FOR DAMAGES OR LOSSES DIRECTLY ATTRIBUTABLE TO ITS NEGLIGENCE OR WILLFUL MISCONDUCT. TOTAL LIABILITY FOR SUCH DIRECT DAMAGES OR LOSSES WILL IN NO EVENT EXCEED THE COST OF THE SYSTEM. THIS WILL BE THE SOLE AND EXCLUSIVE REMEDY, AND ALL OTHER REMEDIES OR DAMAGES IN LAW OR EQUITY ARE WAIVED, EVEN IF YOU HAVE GREATER RIGHTS UNDER THE LAWS OF THE STATE IN WHICH YOUR HOME IS LOCATED, WHICH YOU SHOULD CONSULT. MOMENTUM IS NOT ALLOW THE LIMITATION OR EXCLUSION OF RESPONSIBLE FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS, EXPENSES OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND LOSSES RELATING TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT CONTRACT OR TORT, INCLUDING NEGLIGENCE. YOU SHALL RIM BE LIABLE FOR INDEMNIFY, DEFEND, PROTECT, SAVE AND HOLD HARMLESS MOMENTUM, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, FINANCING PARTNERS, AFFILIATES, SUCCESSORS AND ASSIGNS FROM ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIALAND ALL THIRD PARTY CLAIMS, EXEMPLARYACTIONS, INCIDENTALCOSTS, INDIRECTEXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS LIABILITIES, PENALTIES, LOSSES, OBLIGATIONS, INJURIES, DEMANDS AND LIENS OF BUSINESS PROFITS ANY KIND OR REVENUESNATURE ARISING OUT OF, FAILURE CONNECTED WITH, RELATING TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS YOUR NEGLIGENCE OR ATTEMPTED ALTERATIONS WILLFUL MISCONDUCT; PROVIDED, THAT NOTHING HEREIN SHALL REQUIRE YOU TO YOUR BLACKBERRY SOLUTION, INDEMNIFY MOMENTUM FOR ITS OWN GROSS NEGLIGENCE OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS WILLFUL MISCONDUCT. THE PROVISIONS OF THE USE THIS PARAGRAPH SHALL SURVIVE TERMINATION OR EXPIRATION OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, MOMENTUM MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING ITS OBLIGATIONS OR REGARDING THE SOLAR SYSTEM. THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, CONDITION, DESIGN, CAPACITY, SUITABILITY OR PERFORMANCE OF THE SYSTEM OR ITS INSTALLATION. MOMENTUM DOES NOT WARRANT OR GUARANTEE THE AMOUNT OF ENERGY PRODUCED BY THE SYSTEM OR ANY COST SAVINGS FOR ANY PERIOD. ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER STATE AND FEDERAL LAW. ANY WARRANTY EXPRESSLY PROVIDED FOR IN THIS AGREEMENT EXCLUDES CONSEQUENTIAL AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) INCIDENTAL DAMAGES TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE PERMISSIBLE UNDER STATE AND FEDERAL LAW AND LIMITS THE DURATION OF ANY WARRANTIES NOT EXPRESSLY PROVIDED HEREIN TO THE FULLEST EXTENT PERMISSIBLE UNDER STATE AND FEDERAL LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;.

Limitations of Liability. SOME COUNTRIES DO You acknowledge and agree that the consideration which You paid to Terra Energy Services for the Charger(s) does not include any consideration by Terra Energy Services of the risk of consequential, indirect or incidental damages which may arise in connection with Your use of, or inability to use, the Charger. THUS, TERRA ENERGY SERVICES WILL NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARYINDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL PUNITIVE OR AGGRAVATED CONSEQUENTIAL DAMAGES, DAMAGES FOR INCLUDING WITHOUT LIMITATION DAMAGE OR LOSS OF BUSINESS PROFITS OTHER REAL OR REVENUESPERSONAL PROPERTY, FAILURE TO REALIZE ANY EXPECTED SAVINGSLOST PROFITS, BUSINESS INTERRUPTIONLOST BUSINESS, LOST DATA, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITYUSE, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES COVER INCURRED BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT YOUR PURCHASE OR YOUR BLACKBERRY SOLUTIONUSE OF, INCLUDING THE USE, OR INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE THIS STATION, UNDER ANY THEORY OF YOUR BLACKBERRY SOLUTIONLIABILITY, WHETHER IN AN ACTION IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR NOT SUCH DAMAGES WERE FORESEEN OTHER LEGAL OR UNFORESEENEQUITABLE THEORY, AND EVEN IF RIM HAS BEEN ADVISED TERRA ENERGY SERVICES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law. IN ANY EVENT, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) THE CUMULATIVE LIABILITY OF TERRA ENERGY SERVICES FOR ALL CLAIMS WHATSOEVER RELATED TO THIS STATION WILL NOT EXCEED THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE PRICE YOU PAID FOR THIS STATION. THE LIMITATIONS SET FORTH HEREIN ARE INTENDED TO LIMIT THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT LIABILITY OF TERRA ENERGY SERVICES AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to you. THIS RESIDENTIAL LIMITED PRODUCT WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE NO OTHER OBLIGATION, DUTY, RIGHTS WHICH VARY FROM STATE TO STATE OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISEJURISDICTION TO JURISDICTION. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM GROWMARK, ITS SUBSIDIARIES, MEMBER COOPERATIVES, OWNERS AND AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFLIATES, VENDORS, SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIALDIRECT, EXEMPLARYINDIRECT, PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL CONSEQUENTIAL OR AGGRAVATED OTHER DAMAGES, DAMAGES FOR OR ANY LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTIONUSE, LOSS OF BUSINESS INFORMATIONPROFITS, LOSS OF BUSINESS OPPORTUNITYDATA, OR CORRUPTION COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR LOSS IN ANY WAY CONNECTED WITH THE USE OF DATA THIS WEBSITE OR BREACHES WITH ANY DELAY OF DATA SECURITYOR INABILITY TO USE THIS WEBSITE, FAILURES OR FOR ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEBSITE, THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES, UNAUTHORIZED ACCESS TO TRANSMIT OR RECEIVE ANY ALTERATION OF YOUR TRANSMISSIONS OR DATA, PROBLEMS ASSOCIATED WITH THE STATEMENTS OR CONDUCT OF ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTIONTHIRD PARTY ON THE WEBSITE, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OTHERWISE ARISING OUT OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTIONWEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEENOTHERWISE, AND EVEN IF RIM HAS SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FURTHER, SUCH DAMAGES. (b) To the maximum extent permitted by applicable lawPARTIES SHALL NOT BE LIABLE, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE REGARDLESS OF THE CAUSE OF ACTIONOR DURATION, DEMAND OR ACTION BY YOU INCLUDINGFOR ANY ERRORS, BUT NOT LIMITED TOINACCURACIES, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACTOMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE CONTENT, INFORMATION OR SERVICES PROVIDED BY OR KNOW-HOW OR OTHER INFORMATION CONTAINED WITHIN THIS WEBSITE, OR FOR ANY OTHER LEGAL THEORY;DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIM OR LOSS ARISING THEREFROM OR OCCASIONED THEREBY.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in In no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- non-performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You You: (i) in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contributioncontribution or (ii) in the event of any intentional fraudulent act or intentional fraudulent omission of RIM; or (iii) to the extent arising out of any willful or grossly negligent misconduct on the part of RIM. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: : (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY; (ii) SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN; (iii) NOT APPLY TO THE INDEMNITY OBLIGATIONS SET OUT HEREIN OR MISAPPROPRIATION OR INFRINGEMENT BY EITHER PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY OR A BREACH OF THE SECTIONS OF THIS AGREEMENT ENTITLED: "RULES OF USE FOR BLACKBERRY SOLUTION" (SECTION 3), "SOFTWARE AND DOCUMENTATION LICENSE" (SECTION 2), "INTELLECTUAL PROPERTY" (SECTION 11), "EXPORT, IMPORT AND USE RESTRICTIONS AND U.S. GOVERNMENT LICENSES" (SECTION 12), "CONFIDENTIALITY AND NO REVERSE ENGINEERING" (SECTION 15) AND "USER DATA" (SECTION 25), AND (iv) APPLY IN THE AGGREGATE, TO RIM OR THE RIM GROUP OF COMPANIES, THEIR SUCCESSORS, ASSIGNS, AND AUTHORISED RIM DISTRIBUTORS (INCLUDING AIRTIME SERVICE PROVIDERS ACTING AS AUTHORISED RIM DISTRIBUTORS OF THE SOFTWARE). (g) IN NO EVENT SHALL ANY OFFICER, DIRECTOR, EMPLOYEE, AGENT, DISTRIBUTOR, SUPPLIER (OTHER THAN AN OFFERING VENDOR), SERVICE PROVIDER, INDEPENDENT CONTRACTOR, OR ANY AIRTIME SERVICE PROVIDER (EXCEPT AS SET OUT ABOVE) OF ANY OF THE RIM GROUP OF COMPANIES HAVE ANY LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT. (h) YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS AGREEMENT CONSTITUTE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES AND THAT IN THE ABSENCE OF SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS: (i) THE FEES AND OTHER TERMS IN THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT; AND (ii) RIM'S ABILITY TO OFFER AND YOUR ABILITY TO LICENSE SOFTWARE AND RIM SERVICES UNDER THIS AGREEMENT AND/OR RIM'S ABILITY TO MAKE THIRD PARTY ITEMS AND THIRD PARTY SERVICES ACCESSIBLE THROUGH YOUR BLACKBERRY SOLUTION WOULD BE IMPACTED. (i) If You are a Consumer, nothing in this Agreement limits RIM’s liability to You to the extent arising from a fundamental breach by RIM of this Agreement. NOTHING IN THIS AGREEMENT IS INTENDED TO SUPERSEDE ANY EXPRESS WRITTEN AGREEMENTS OR WARRANTIES PROVIDED BY RIM FOR PORTIONS OF YOUR BLACKBERRY SOLUTION OTHER THAN THE SOFTWARE AND RIM SERVICES.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION a) CUSTOMER END USER'S SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY OR EXCLUSION REPRESENTATION BY DOBI MEDICAL CONCERNING ANY PRODUCTS AND SERVICES SHALL BE ONLY UPON WRITTEN REQUEST OF CONSEQUENTIALCUSTOMER END-USER IF RECEIVED BY DOBI MEDICAL WITHIN TWELVE (12) MONTHS OF SUCH ALLEGED BREACH. IN ANY EVENT, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS DOBI MEDICAL'S CUMULATIVE LIABILITY ITS CUSTOMER END USER FOR ANY AND ALL CLAIMS RELATING TO THE EXTENT YOU ARE USE OF OR THE INABILITY TO USE THE PRODUCTS AND SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF THE FEES PAID ITS CUSTOMER END-USERS FOR THE PRODUCTS AND SERVICES, WHETHER BASED ON CONTRACT, TORT OR OTHERWISE. A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM DOBI MEDICAL BE LIABLE FOR ANY LOSS OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIALPROFIT, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED FOR SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER INDIRECT DAMAGES FOR LOSS OF BUSINESS PROFITS SUCH AS, BUT NOT LIMITED TO, EXEMPLARY OR REVENUESPUNITIVE DAMAGES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To . DOBI MEDICAL SHALL NOT BE LIABLE FOR ANY CORRUPTION, ANY DOWN TIME OF THE PRODUCTS OR SERVICES OR SUSPENSION OF THE SERVICES OR USE OF THE PRODUCTS, OR FOR ANY LOSS OR MISTRANSMISSION OF PATIENT DATA, OR FOR THE SECURITY OF PATIENT DATA, OR FOR ANY MEDICAL OR PROFESSIONAL MALPRACTICE CLAIMS. IN NO EVENT WILL DOBI MEDICAL BE LIABLE FOR LOSS OR DAMAGES RESULTING DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM ERRORS, OMISSIONS, INSOLVENCY OR OTHER FAULT OR CIRCUMSTANCES ATTRIBUTABLE TO ANY THIRD PARTY. The foregoing limitations of liability represent the maximum extent permitted by applicable law, allocation of risk of failure between the parties as reflected in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion pricing and is an essential element of the Software at issue; (iii) the amount paid for the relevant period basis of the Paid RIM Service at issue; and (iv) five (5) United States dollarsbargain between the parties. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;

Limitations of Liability. SOME COUNTRIES DO 11.1 WE AND OUR AFFILIATES AND THIRD PARTY LICENSORS WILL NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE TO YOU FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARYINDIRECT, INCIDENTAL, INDIRECTSPECIAL, SPECIALCONSEQUENTIAL, PUNITIVE, MORAL RELIANCE, OR AGGRAVATED DAMAGES, EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUESPROFITS, FAILURE TO REALIZE ANY EXPECTED SAVINGSGOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITYUSE, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITYDATA), FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR THIRD PARTY LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) 11.2 SECTIONS 10 AND 11 WILL NOT APPLY ONLY WHEN AND TO THE MAXIMUM EXTENT PERMITTED BY THAT APPLICABLE LAWLAW SPECIFICALLY REQUIRES LIABILITY, EACH DESPITE THE EXCLUSIONS AND LIMITATIONS OF LIABILITY HEREIN. THESE LIMITATIONS ARE CUMULATIVE AND NOT PER INCIDENT. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREUNDER SHALL FAIL OF ITS ESSENTIAL PURPOSE. CUSTOMER HAS ACCEPTED THE DISCLAIMER OF LIABILITY FOR DAMAGES AS PART OF A BARGAIN TO LOWER THE PRICE OF THE SERVICES AND LICENSOR PRODUCTS AND UNDERSTANDS THAT THE PRICES WOULD BE HIGHER IF SAVVIS AND ITS THIRD PARTY SHALL BE LIABLE LICENSORS WERE REQUIRED TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN BEAR ADDITIONAL LIABILITY FOR DAMAGES. SAVVIS AND ITS THIRD PARTY LICENSORS WOULD NOT AGREE TO ENTER THIS AGREEMENT WITHOUT SUCH DISCLAIMER AND SHALL HAVE LIMITATIONS ON LIABILITY. NO OTHER OBLIGATIONORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SAVVIS, DUTYITS EMPLOYEES, AGENTS, THIRD PARTY LICENSORS, OR LIABILITY WHATSOEVER WHETHER ANYONE ELSE INVOLVED IN CONTRACT, TORT, UNDER STATUTE THE PROVISION OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE SUPPORT OF THE NATURE SERVICES AND LICENSOR PRODUCTS WILL CREATE ANY WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE CAUSE OF ACTION, DEMAND ANY WARRANTY AND CUSTOMER MAY NOT RELY ON SUCH INFORMATION OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;ADVICE.

Limitations of Liability. SOME COUNTRIES DO WE AND OUR AFFILIATES OR LICENSORS WILL NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE TO YOU FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIALDIRECT, EXEMPLARYINDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL CONSEQUENTIAL OR AGGRAVATED DAMAGES, EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUESPROFITS, FAILURE TO REALIZE ANY EXPECTED SAVINGSGOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITYUSE, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITYDATA), FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES., AND EVEN IF SAID DAMAGES RESULT FROM CIN LEGAL’S OWN NEGLIGENCE. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE PRODUCTS OR YOUR CIN ACCOUNT, INCLUDING AS A RESULT OF ANY (bI) To the maximum extent permitted by applicable lawTERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO YOUR CIN ACCOUNT, in no event shall the aggregate liability of RIM exceed the greater of: (iII) the amount paid by You for the RIM Product(sOUR DISCONTINUATION OF ANY OR ALL OF THE PRODUCTS, OR, (III) at issueANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF CIN LEGAL’S INFRASTRUCTURE FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (iiB) the amount paid for that portion of the Software at issueTHE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE; (iiiC) the amount paid for the relevant period of the Paid RIM Service at issueANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO PRODUCTS OR YOUR CIN ACCOUNT; and OR (ivD) five (5) United States dollars. (c) To the maximum extent permitted by applicable lawANY UNAUTHORIZED ACCESS TO, to the extent RIM is liable to You hereunderALTERATION OF, RIM shall only be liable for damages incurred during the period of such failureOR THE DELETION, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR DATA OR OTHER DATA RELATED TO YOUR CIN ACCOUNT. IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE PRODUCT(S) THAT GAVE RISE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISECLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW YOUR EXCLUSIVE REMEDY FOR ANY FAILURE OF CLUBESSENTIAL’S OBLIGATIONS UNDER THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO AGREEMENT SHALL BE THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT FORTH IN THIS AGREEMENT, SECTION 5 ABOVE AND ANY CREDIT DUE PURSUANT TO AN APPLICABLE SERVICE LEVEL AGREEMENT (WHERE A SERVICE LEVEL AGREEMENT IS OFFERED). IN NO EVENT SHALL RIM CLUBESSENTIAL BE LIABLE OR RESPONSIBLE TO YOU FOR ANY TYPE OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL DIRECT, INDIRECT OR AGGRAVATED CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUESINCLUDING BUT NOT LIMITED TO, FAILURE TO REALIZE ANY EXPECTED SAVINGSLOST REVENUE, BUSINESS INTERRUPTIONLOST PROFITS, REPLACEMENT GOODS, LOSS OF BUSINESS INFORMATIONTECHNOLOGY, RIGHTS OR SERVICES, LOSS OF BUSINESS OPPORTUNITYDATA, OR CORRUPTION INTERRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMSEQUIPMENT, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, ARISING UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL CLUBESSENTIAL’S LIABILITY TO YOU OR ANY OTHER LEGAL THEORY;THIRD PARTY IN ANY CIRCUMSTANCES EXCEED THE AMOUNT OF FEES YOU ACTUALLY PAID TO CLUBESSENTIAL FOR SERVICES IN THE ONE (1) MONTH PERIOD DIRECTLY PRIOR TO THE ACTION GIVING RISE TO ALLEGED LIABILITY. YOU FURTHER AGREE THAT ANY CLAIM WHICH YOU MAY HAVE AGAINST CLUBESSENTIAL MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE, OTHERWISE THE CLAIM SHALL BE PERMANENTLY BARRED.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIMXXX’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY; (ii) SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN; (iii) NOT APPLY TO THE INDEMNITY OBLIGATIONS SET OUT HEREIN OR MISAPPROPRIATION OR INFRINGEMENT BY EITHER PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY OR A BREACH OF THE SECTIONS OF THIS AGREEMENT ENTITLED: "RULES OF USE FOR BLACKBERRY SOLUTION" (SECTION 3), "SOFTWARE AND DOCUMENTATION LICENSE" (SECTION 2), "INTELLECTUAL PROPERTY" (SECTION 11), "EXPORT, IMPORT AND USE RESTRICTIONS AND U.S. GOVERNMENT LICENSES" (SECTION 12), "CONFIDENTIALITY AND NO REVERSE ENGINEERING" (SECTION 15) AND "USER DATA" (SECTION 25), AND (iv) APPLY IN THE AGGREGATE, TO RIM OR THE RIM GROUP OF COMPANIES, THEIR SUCCESSORS, ASSIGNS, AND AUTHORISED RIM DISTRIBUTORS (INCLUDING AIRTIME SERVICE PROVIDERS ACTING AS AUTHORISED RIM DISTRIBUTORS OF THE SOFTWARE).

Limitations of Liability. SOME COUNTRIES DO WE AND OUR AFFILIATES OR LICENSORS WILL NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE TO YOU FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIALDIRECT, EXEMPLARYINDIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL CONSEQUENTIAL OR AGGRAVATED DAMAGES, EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUESPROFITS, FAILURE TO REALIZE ANY EXPECTED SAVINGSGOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITYUSE, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITYDATA), FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law. FURTHER, in no event shall the aggregate liability of RIM exceed the greater ofNEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (iA) the amount paid by You for the RIM Product(s) at issueYOUR INABILITY TO USE THE XXXX, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY TERMINATION OR SUSPENSION OF THE XXXX NETWORK OR THIS AGREEMENT, INCLUDING AS A RESULT OF POWER OUTAGES, MAINTENANCE, DEFECTS, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (iiB) the amount paid for that portion of the Software at issueTHE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (iiiC) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable lawANY INVESTMENTS, to the extent RIM is liable to You hereunderEXPENDITURES, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWXXXX; OR (D) ANY UNAUTHORIZED ACCESS TO, EACH PARTY SHALL ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY DATA, INCLUDING RECORDS, PRIVATE KEY OR OTHER CREDENTIALS, ASSOCIATED WITH ANY XXXX, WHETHER OR NOT OBTAINED UNDER THIS AGREEMENT AS PART OF THE RESULTING DISTRIBUTION. IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIABLE LIMITED TO THE OTHER ONLY AS EXPRESSLY PROVIDED VALUE (IN UNITED STATES DOLLARS AT THE TIME OF THE PRESALE) YOU PAID US IN EXCHANGE FOR XXXX UNDER THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATIONIN THE PRESALE. YOU WAIVE YOUR RIGHT TO DEMAND THE RETURN OF ANY VIRTUAL CURRENCY YOU PAID US IN THE PRESALE UNDER ANY CIRCUMSTANCES, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;A DEMAND FOR SPECIFIC PERFORMANCE.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION IN NO EVENT SHALL ANY PARTY HAVE ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE OR EXCLUSION OF STRICT LIABILITY), WARRANTY OR ANY OTHER LEGAL OR EQUITABLE GROUNDS, FOR ANY PUNITIVE, CONSEQUENTIAL, INDIRECT INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL LOSS OR DAMAGE SUFFERED BY THE OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND ARISING FROM OR RELATED TO THE EXTENT YOU ARE A CONSUMER PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT, INCLUDING LOSS OF DATA, PROFITS, INTEREST OR REVENUE OR INTERRUPTION OF BUSINESS, EVEN IF SUCH PARTY HAS BEEN INFORMED OF OR MIGHT OTHERWISE HAVE ANTICIPATED OR FORESEEN THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE LIMITATIONS OR EXCLUSIONS OF LIABILITY SET FORTH IN THIS SECTION MAY 4.6 SHALL NOT APPLY TO: PERSONAL INJURY, INCLUDING DEATH, AND DAMAGES TO YOU. (a) TANGIBLE PROPERTY CAUSED BY THE WILLFUL OR INTENTIONAL ACTS OF A PARTY OR ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS. SHARER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL SUCH LIABILITY WITH RESPECT TO SHAREE’S STATION, AND XXXXXX HEREBY EXPRESSLY DISCLAIMS ANY AND ALL SUCH LIABILITY WITH RESPECT TO SHARER’S STATION NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND CONTRARY, BUT SUBJECT TO ALL OF THE SPECIFIC REMEDIES SET OUT OTHER LIMITATIONS IN THIS AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL CONNECTION WITH ALL LOSSES OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES OTHERWISE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING AND THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TRANSACTIONS CONTEMPLATED HEREBY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY ACTUAL REASONABLE AND DOCUMENTED COSTS OF RELOCATING SUCH PARTY’S BROADCAST SIGNAL TO A DIFFERENT TRANSMITTER SITE WITHIN THE SAME MARKET. THIS SECTION 4.6 SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISEAGREEMENT. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW LAW, MARKETING 360® SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND SUBJECT TO NOTWITHSTANDING THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENTFAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT FOR YOUR LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE INDEMNIFICATION SECTION AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTIONAGREEMENT, WHETHER ARISING OUT OF OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) RELATED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO MARKETING 360® IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM. WITHOUT LIMITING THE FOREGOING, MARKETING 360® IS NOT RESPONSIBLE FOR ANY DAMAGES DUE TO ANY CONTENT, OMISSIONS, OR ERRONEOUS DATA APPEARING IN CLIENT’S WEBSITE, BLOGS, OR ON SOCIAL MEDIA OR ANY OTHER LEGAL THEORY;LOSS, DAMAGE, CORRUPTION, OR BREACH OF CLIENT DATA WITHIN CLIENT’S

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY NVIDIA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS, PROJECT DELAYS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL, OR THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE OR THE USE OR PERFORMANCE OF RIVA PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF NVIDIA HAS PREVIOUSLY BEEN ADVISED OF, OR COULD REASONABLY HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS IF A REMEDY FAILS ITS ESSENTIAL PURPOSE. IN NO EVENT WILL NVIDIA’S AND ITS AFFILIATES TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THIS LICENSE EXCEED THE NET AMOUNTS RECEIVED BY NVIDIA OR ITS AFFILIATES FOR YOUR USE OF THE PARTICULAR UNEXPIRED RIVA PRODUCTS LICENSES GIVING RISE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR CLAIM BEFORE THE LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. AROSE (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF or up to US$10.00 if you obtained licenses or services at no charge). THE NATURE OF THE CAUSE LIABILITY OR THE NUMBER OF ACTIONCLAIMS OR SUITS SHALL NOT ENLARGE OR EXTEND THIS LIMIT. The disclaimers, DEMAND OR ACTION BY YOU INCLUDINGexclusions and limitations of liability set forth in this license form an essential basis of the bargain between the parties, BUT NOT LIMITED TOand, NEGLIGENCEabsent any such disclaimers, TORTexclusions or limitations of liability, STRICT LIABILITYthe provisions of the license, STATUTEincluding, BREACH OF CONTRACTwithout limitation, OR ANY OTHER LEGAL THEORY;the economic terms, would be substantially different.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND NOTWITHSTANDING ANYTHING TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT CONTRARY IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY EXCEPT WITH RESPECT TO A PARTY’S BREACH OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIALITS CONFIDENTIALITY OBLIGATIONS HEREIN, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH A PARTY SHALL WILL NOT BE LIABLE TO THE OTHER ONLY PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) OR FOR LOST DATA SUSTAINED OR INCURRED IN CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE. IN ADDITION, VENDORS TOTAL LIABILITY TO TIPS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL IN NO EVENT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY TIPS MEMBERS TO VENDOR FOR TIPS SALES MADE UNDER THIS AGREEMENT. THE PARTIES ARE NOT LIABLE TO THE OTHER PARTY FOR DAMAGES CAUSED IN ANY PART BY THEIR OWN NEGLIGENCE OR INTENTIONAL ACTS OR, EXCEPT AS EXPRESSLY PROVIDED SET FORTH HEREIN, FOR ANY CLAIM AGAINST THEM OR ANYONE ELSE BY ANY THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE EXCLUSIONS AND/OR LIMITATIONS MAY NOT APPLY TO TIPS. THE PARTIES AGREE THAT THE LIABILITY LIMITATIONS SET FORTH IN THIS AGREEMENT ARE A REASONABLE ALLOCATION OF RISK AND LIABILITY CONSIDERING THE RESPECTIVE BENEFITS OBTAINED HEREUNDER. THE FOREGOING LIMITATIONS SHALL HAVE NO OTHER OBLIGATIONAPPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN. In Witness Whereof, DUTYthe parties hereto, OR LIABILITY WHATSOEVER WHETHER IN CONTRACTeach acting under due and proper authority, TORThave signed this Agreement. Vendor Name: Xxxx InterCivic, UNDER STATUTE OR OTHERWISE. Inc. Vendor Address: 0000 Xxxxx Xxxx Xxxx, Xxxx 0, Xxxxx 000 City: Austin State: TX Zip Code: 78728 Vendor Authorized Signatory Name: Xxxxx Xxxxxx Vendor Authorized Signatory Title: President & CEO Vendor Authorized Signatory Phone: 000-000-0000 Vendor Authorized Signatory Email: _xxxxxxx@xxxxxx.xxx Vendor Authorized Signature: Date: 08/19/2024 (fThe following is for TIPS completion only) TIPS Authorized Signatory Name: Xx. Xxxxx Xxxxx _____________________ TIPS Authorized Signatory Title: Executive Director TIPS Authorized Signature: Date: TIPS Vendor Agreement Signature Form Page 1 Number: 240506 Title: Election Equipment and Services Type: Request for Proposal Issue Date: 5/2/2024 Deadline: 6/21/2024 03:00 PM (CT) Notes: This is a solicitation issued by The Interlocal Purchasing System (TIPS), a department of Texas Region 8 Education Service Center. It is an Indefinite Delivery, Indefinite Quantity ("IDIQ") solicitation. It will result in contracts that provide, through adoption/"piggyback" an indefinite quantity of supplies/services, during a fixed period of time, to TIPS public entity and qualifying non-profit "TIPS Members" throughout the nation. Thus, there is no specific project or scope of work to review. Rather this solicitation is issued as a prospective award for utilization when any TIPS Member needs the goods or services offered during the life of the agreement. IF YOU CURRENTLY HOLDS TIPS CONTRACT 210501 ELECTION EQUIPMENT AND SERVICES ("210501"), YOU MUST RESPOND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWTHIS SOLICITATION TO PREVENT LAPSE OF CONTRACT UNLESS YOU HOLD ANOTHER CURRENT TIPS CONTRACT THAT COVERS ALL OF YOUR ELECTION EQUIPMENT AND SERVICE OFFERINGS. THIS AWARDED CONTRACT WILL REPLACE YOUR EXPIRING TIPS CONTRACT 210501. Address: Region 8 Education Service Center 0000 XX Xxxxxxx 000 Xxxxx Pittsburg, THE LIMITATIONSTX 75686 Phone: +0 (000) 000-0000 Email: xxxx@xxxx-xxx.xxx Contact: Xxxx Xxxxxx Address: PO Box 80649 Austin, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALLTX 00000-0000 Phone: (i000) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION000-0000 Fax: (000) 000-0000 Email: xxxx@xxxxxx.xxx Web Address: xxx.xxxxxxxxxxxxxx.xxx By submitting your response, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;you certify that you are authorized to represent and bind your company.

Limitations of Liability. SOME COUNTRIES STREAM WILL ENDEAVOR TO PROVIDE SERVICE IN A COMMERCIALLY REASONABLE MANNER: HOWEVER WE DO NOT ALLOW THE LIMITATION OR EXCLUSION GUARANTEE A CONTINUOUS SUPPLY OF CONSEQUENTIALNATURAL GAS. EVENTS THAT ARE OUTSIDE OF OUR CONTROL, INDIRECT OR OTHER DAMAGES REFERRED TO AS FORCE MAJEURE EVENTS, MAY RESULT IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY SERVICE INTERRUPTIONS. STREAM WILL NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY SERVICE INTERRUPTIONS CAUSED BY FORCE MAJEURE EVENTS. STREAM DOES NOT PRODUCE NATURAL GAS, NOR DOES IT TRANSPORT IT FROM THE GENERATION POINT TO CUSTOMER’S SERVICE ADDRESS, NOR DOES STREAM OWN OR OPERATE SERVICES RELATED TO THE CUSTOMER’S METER. FURTHERMORE, CUSTOMER SPECIFICALLY AGREES THAT STREAM ENERGY HAS NO LIABILITY OR RESPONSIBILITY FOR THE OPERATIONS OF LOCAL DISTRIBUTION UTILITY AND MAINTENANCE OF ITS SYSTEM OR THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIALTRANSMISSION OR DISTRIBUTION SYSTEM, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITYAS APPLICABLE, OR CORRUPTION FOR INTERRUPTIONS, TERMINATION, REPAIR OR LOSS OF DATA OR BREACHES OF DATA SECURITYRECONSTRUCTION, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTIONTIMELY SERVICING, OR ANY PORTION THEREOF, BY ANYONE DETERIORATION OF THAT SERVICE. IF THE LOCAL DISTRIBUTION UTILITY OR OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES EXPERIENCES AN EVENT OF FORCE MAJEURE, THAT, DIRECTLY OR THIRD INDIRECTLY, AFFECTS THE DELIVERY AND CUSTOMER’S RECEIPT OF NATURAL GAS SERVICE, STREAM ENERGY IS LIKEWISE ENTITLED TO CLAIM AN EVENT OF FORCE MAJEURE UNDER THE TERMS OF SERVICE. LIABILITIES NOT EXCUSED BY REASON OF FORCE MAJEURE OR OTHERWISE SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY AND SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES AT LAW OR IN EQUITY ARE WAIVED. NEITHER PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL WILL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATIONFOR CONSEQUENTIAL, DUTYINCIDENTAL, PUNITIVE, EXEMPLARY OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) INDIRECT DAMAGES. THESE LIMITATIONS APPLY WITHOUT REGARD TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND ANY LIABILITY OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;DAMAGE. THERE ARE NO THIRD PARTY BENEFICIARIES TO THIS AGREEMENT.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM WILL SE, SE’S LICENSORS OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE FOLLOWING TYPES SOFTWARE, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF DAMAGES: CONSEQUENTIALGOODWILL, EXEMPLARYCOMPUTER FAILURE OR MALFUNCTION AND, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGESTO THE EXTENT PERMITTED BY LAW, DAMAGES FOR LOSS OF BUSINESS PROFITS PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS, COVER DAMAGES OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING PUNITIVE DAMAGES FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS CAUSES OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT XXXX OR YOUR BLACKBERRY SOLUTIONTHE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING THE USENEGLIGENCE), INABILITY TO USECONTRACT, THE PERFORMANCE STRICT LIABILITY OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, OTHERWISE AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEN SE, SE’S LICENSORS OR UNFORESEEN, AND EVEN IF RIM HAS RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law. FOR PURPOSES OF THIS SECTION 8, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) SE’S LICENSORS AND RESELLERS ARE THIRD PARTY BENEFICIARIES TO THE MAXIMUM EXTENT PERMITTED LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS XXXX AGAINST END USER. IN NO EVENT SHALL SE’S, SE’S LICENSORS’ OR RESELLERS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID FOR END USER’S USE OF THE SOFTWARE DURING THE MOST RECENT 3 MONTHS TERM. IF THERE IS A RISK OF INFRINGEMENT OF THIRD PARTY RIGHTS BY THE CONTINUED USE OF THE SOFTWARE, EACH PARTY SHALL BE LIABLE SE IS ENTITLED TO ITS OWN CHOICE OF (A) PROVIDING END USER WITH THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATIONRIGHT TO CONTINUE USING THE SOFTWARE, DUTY(B) CHANGING THE SOFTWARE SO THAT THE VIOLATION CEASES, OR LIABILITY WHATSOEVER WHETHER (C) TERMINATING THIS XXXX WITH IMMEDIATE EFFECT AND IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LATTER CASE REIMBURSING ANY PREPAID LICENSE FEE. SUCH REIMBURSEMENT SHALL CONSTITUTE END USER’S SOLE AND EXCLUSIVE REMEDY FOR THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE EARLY TERMINATION OF THE NATURE XXXX AND ANY CLAIMS OF INFRINGEMENT. END USER MAY NOT RAISE ANY ADDITIONAL CLAIMS, INCLUDING ANY CLAIMS AGAINST SE REGARDING THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT(DIS-)CONTINUED, OR ANY OTHER LEGAL THEORY;DISRUPTION IN THE, USE OF THE SOFTWARE.

Limitations of Liability. SOME COUNTRIES DO 11.1 WE AND OUR AFFILIATES AND THIRD PARTY LICENSORS WILL NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE TO YOU FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARYINDIRECT, INCIDENTAL, INDIRECTSPECIAL, SPECIALCONSEQUENTIAL, PUNITIVE, MORAL RELIANCE, OR AGGRAVATED DAMAGES, EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUESPROFITS, FAILURE TO REALIZE ANY EXPECTED SAVINGSGOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITYUSE, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITYDATA), FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law. FURTHER, in no event shall the aggregate liability of RIM exceed the greater ofNEITHER WE NOR ANY OF OUR AFFILIATES OR THIRD PARTY LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (i) the amount paid by You for the RIM Product(sYOUR INABILITY TO USE THE SERVICES OR LICENSOR PRODUCTS, INCLUDING AS A RESULT OF ANY (a) at issueTERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES OR LICENSOR PRODUCTS, (b) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICES OR LICENSOR PRODUCTS, OR, (c) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SLAS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (ii) the amount paid for that portion of the Software at issueTHE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (iii) the amount paid for the relevant period of the Paid RIM Service at issueANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES OR LICENSOR PRODUCTS; and OR (iv) five (5) United States dollarsANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, OUR AND OUR AFFILIATES’ AND THIRD PARTY LICENSORS’ TOTAL, AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 3 MONTH PERIOD PRECEDING THE CLAIM. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) 11.2 SECTIONS 10 AND 11 WILL NOT APPLY ONLY WHEN AND TO THE MAXIMUM EXTENT PERMITTED BY THAT APPLICABLE LAWLAW SPECIFICALLY REQUIRES LIABILITY, EACH DESPITE THE EXCLUSIONS AND LIMITATIONS OF LIABILITY HEREIN. THESE LIMITATIONS ARE CUMULATIVE AND NOT PER INCIDENT. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREUNDER SHALL FAIL OF ITS ESSENTIAL PURPOSE. CUSTOMER HAS ACCEPTED THE DISCLAIMER OF LIABILITY FOR DAMAGES AS PART OF A BARGAIN TO LOWER THE PRICE OF THE SERVICES AND LICENSOR PRODUCTS AND UNDERSTANDS THAT THE PRICES WOULD BE HIGHER IF SAVVIS AND ITS THIRD PARTY SHALL BE LIABLE LICENSORS WERE REQUIRED TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN BEAR ADDITIONAL LIABILITY FOR DAMAGES. SAVVIS AND ITS THIRD PARTY LICENSORS WOULD NOT AGREE TO ENTER THIS AGREEMENT WITHOUT SUCH DISCLAIMER AND SHALL HAVE LIMITATIONS ON LIABILITY. NO OTHER OBLIGATIONORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SAVVIS, DUTYITS EMPLOYEES, AGENTS, THIRD PARTY LICENSORS, OR LIABILITY WHATSOEVER WHETHER ANYONE ELSE INVOLVED IN CONTRACT, TORT, UNDER STATUTE THE PROVISION OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE SUPPORT OF THE NATURE SERVICES AND LICENSOR PRODUCTS WILL CREATE ANY WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE CAUSE OF ACTION, DEMAND ANY WARRANTY AND CUSTOMER MAY NOT RELY ON SUCH INFORMATION OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;ADVICE.

Limitations of Liability. SOME COUNTRIES DO BWIS, THE INFORMATION PROVIDERS, INFORMATION TRANSMITTERS, THIRD-PARTY RESEARCH PROVIDERS AND ANY OTHER PERSON INVOLVED IN TRANSMITTING INFORMATION WILL NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL SPECIAL OR AGGRAVATED DAMAGES, INDIRECT DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED YOU ADVISE THEM OF THE POSSIBILITY OF SUCH DAMAGES. . THIS INCLUDES, BUT IS NOT LIMITED TO, CLAIMS FOR LOST PROFITS, TRADING LOSSES AND DAMAGES THAT MAY RESULT FROM THE USE, INCONVENIENCE, DELAY OR LOSS OF USE OF THE INFORMATION OR FOR OMISSIONS OR INACCURACIES IN THE INFORMATION. AS A CONDITION TO ACCESSING OR RECEIVING THE INFORMATION, YOU EXPRESSLY AGREE TO WAIVE ANY CLAIM YOU MAY HAVE AGAINST BWIS, ANY INFORMATION PROVIDER, RESEARCH PROVIDER OR ANY OTHER PERSONS INVOLVED IN TRANSMITTING ANY INFORMATION BWIS MAKES AVAILABLE TO YOU. BY ACCESSING OR RECEIVING INFORMATION, YOU AGREE THAT THE LIABILITY OF BWIS, THE INFORMATION PROVIDERS, THE THIRD-PARTY RESEARCH PROVIDERS OR ANY OTHER PERSONS INVOLVED IN TRANSMITTING INFORMATION ARISING OUT OF ANY LEGAL CLAIM (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE TORT OR OTHERWISE. (f) IN ANY WAY CONNECTED WITH THE ONLINE INVESTING SERVICE OR INFORMATION WILL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE ELECTRONIC SERVICES RELATED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWYOUR CLAIM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST, THE LIMITATIONSEXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, EXCLUSIONS, SO THAT THESE DISCLAIMERS AND DISCLAIMERS IN LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT SHALLGIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. No Liability for Events Outside of Direct Control. BWIS, the Financial Information Providers, Financial Information Transmitters, Third-Party Research Providers and any other person involved in transmitting Financial Information will not be liable for any loss that results from a cause over which that entity does not have direct control. Such causes include, but are not limited to: (i1) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTIONthe failure of electronic or mechanical equipment or communication lines; (2) telephone or other interconnect problems; (3) bugs, DEMAND OR ACTION BY YOU INCLUDINGerrors, BUT NOT LIMITED TOconfiguration problems or the incompatibility of computer hardware or software; (4) the failure or unavailability of Internet access; (5) problems with Internet service providers or other equipment or services relating to your computer or network; (6) problems with intermediate computer or communications networks or facilities; (7) problems with data transmission facilities or your telephone, NEGLIGENCEcable or wireless service; or (8) unauthorized access, TORTtheft, STRICT LIABILITYoperator errors, STATUTEsevere weather, BREACH OF CONTRACTearthquakes, OR ANY OTHER LEGAL THEORY;other natural disasters or labor disputes. BWIS is also not responsible for any damage to your computer, software, modem, telephone, wireless device or other property resulting in any way from your use of the Online Investing Service.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW Norand does not guarantee delivery of Products by any particular date. If Norand accepts Western Atlas' order and fails to deliver ordered Products, Western Atlas' sole remedy will be limited to refund of money paid to Norand for the undelivered products. NEITHER NORAND NOR WESTERN ATLAS WILL HAVE ANY LIABILITY OR RESPONSIBILITY TO WESTERN ATLAS OR NORAND, AS THE LIMITATION CASE MAY BE, OR EXCLUSION OF CONSEQUENTIAL, INDIRECT ANY OTHER PERSON OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE ENTITY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL PUNITIVE OR AGGRAVATED DAMAGES, INCIDENTAL DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTIONLOST PROFITS, WHETHER FORESEEABLE OR NOT SUCH DAMAGES WERE FORESEEN UNFORESEEABLE, BASED ON CLAIMS OF NORAND, WESTERN ATLAS OR UNFORESEENWESTERN ATLAS' CUSTOMERS, AND EVEN IF RIM HAS BEEN ADVISED OF AS THE POSSIBILITY OF SUCH DAMAGES. CASE MAY BE, (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCECLAIMS FOR LOSS OF DATA, TORTGOODWILL, STRICT LIABILITYPROFITS, STATUTEUSE OF MONEY OR USE OF PRODUCT, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY INCURRED BY NORAND OR WESTERN ATLAS, AS THE CASE MAY BE, IN ANY OTHER LEGAL THEORY;ACTION OR PROCEEDING EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO NORAND BY WESTERN ATLAS OR BY WESTERN ATLAS TO NORAND, AS THE CASE MAY BE, FOR THE PURCHASE OF THE PRODUCT(S) THAT ACTUALLY CAUSED THE DAMAGE OR LOSS.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIALWe have worked very hard in an attempt to remove any bugs in our smart contract and hope that our NFT launch is smooth. As we have seen in many previous projects, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND however, sometimes things break. TO THE FULLEST EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED PROVIDED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENTLAW, IN NO EVENT SHALL RIM WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIALWEBSITE OR THE NFTs, EXEMPLARYANY WEBSITES LINKED TO THE WEBSITE, INCIDENTALANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, PUNITIVEINCIDENTAL, MORAL CONSEQUENTIAL, OR AGGRAVATED PUNITIVE DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. YOU AGREE TO HOLD THE COMPANY HARMLESS FROM ANY OTHER LEGAL THEORY;LOSSES YOU MAY INCUR AS A CONSEQUENCE OF MINTING YOUR NFT. THESE POTENTIAL LOSES INCLUDE ANY GAS FEES FOR FAILED TRANSACTIONS, ANY EXCESSIVE GAS FEES CHARGED DUE TO WEBSITE OR SMART CONTRACT BUGS, AND ANY LOSS OF YOUR NFT DUE TO WEBSITE OR SMART CONTRACT BUGS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. RealFloydNft NFTs are meant to be a token for you to collect. They are not meant as investment vehicles. We make absolutely no promise or guarantee that these NFTs will be worth anything. You understand that they have no inherent monetary value, and they should be treated as a fun and beautiful collectible with significant utility and exclusive access to Xxxxx Xxxxxxxxxx world.

Limitations of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND 5.1 Limitation of liability in case of interruption SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENTLIMITATIONS OF PUBLIC ORDER PROVIDED BY LAW, IN NO EVENT SHALL RIM BE LIABLE PROACTION GROUP ENTITIES EXCLUDE ALL LIABILITY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARYDIRECT AND/OR INDIRECT, INCIDENTALPUNITIVE, INDIRECTACCESSORY, SPECIAL, PUNITIVECONSEQUENTIAL OR OTHER OF ANY KIND, MORAL OR AGGRAVATED DAMAGESINCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS DATA ARISING FROM OR REVENUES, FAILURE RELATING TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITYTHE UTRAKK APPLICATION, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES RELATING TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTIONTHE UTRAKK APPLICATION, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN RIM, DOWNTIME COSTS, LOSS THE CONTENT OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITALOR THE INABILITY TO USE THE SAME WHETHER BASED ON AGREEMENT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTIONLEGAL THEORY, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM PROACTION HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO THE CUSTOMER ANY INTERRUPTION OR SUSPENSION OF ACCESS TO THE UTRAKK_DMES APPLICATION, EXCEPT FOR DIRECT DAMAGES THAT MAY BE CAUSED TO CUSTOMER AS A RESULT OF THE UNAVAILABILITY OF THE UTRAKK_DMES APPLICATION FOR A PERIOD OF MORE THAN THIRTY (30) CONSECUTIVE DAYS. IN SUCH DAMAGESCASE, PROACTION'S LIABILITY IS LIMITED TO THE PROPORTIONAL REIMBURSEMENT OF THE UTRAKK_DMES SUBSCRIPTION FEES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE CUSTOMER ACKNOWLEDGES AND AGREES THAT PROACTION MAY OCCASIONALLY SUSPEND ACCESS TO THE UTRAKK_DMES APPLICATION IN ORDER TO ENSURE MAINTENANCE OR PRESERVE ITS INTEGRITY, WITHOUT SUCH INTERRUPTION CONSTITUTING A DEFAULT UNDER THE PROACTION SERVICES AGREEMENT. (b) To 5.2 Monetary limitation of liability Subject to the maximum extent permitted limitations of public order provided by applicable law, the total aggregate liability of Proaction and all Proaction Group entities to the Customer under the Proaction Services Agreement may in no event shall exceed an amount equal to the aggregate liability of RIM exceed the greater of: (i) the amount Applicable Fees paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred Customer during the period of such failure, delay or non- performance of Your BlackBerry Solution. twelve (d12) Nothing in this Section limits RIM’s liability to You in months preceding the event of death or bodily injury giving rise to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contributionliability. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY;

Limitations of Liability. SOME COUNTRIES DO EWSHosting, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS (IT BEING ACKNOWLEDGED BY THE SUBSCRIBER THAT FOR THE PURPOSES OF THIS SECTION ONLY, EWSHosting IS CONTRACTING AS AGENT ON BEHALF OF ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS) SHALL NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND BE LIABLE TO THE EXTENT YOU ARE SUBSCRIBER OR ANY OTHER PERSON (EXCEPT FOR PHYSICAL INJURIES AS A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. RESULT OF EWSHosting‟S NEGLIGENCE) FOR (a1) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL RIM BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARYSPECIAL, INCIDENTAL, INDIRECTCONSEQUENTIAL OR PUNITIVE DAMAGES OR LOSSES INCLUDING, SPECIALWITHOUT LIMITATION, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTIONPROPERTY DAMAGE, LOSS OF BUSINESS INFORMATIONDATA, LOSSES RESULTING FROM A THIRD PARTY‟S UNAUTHORISED ACCESS TO DATA, LOSS OF PROFIT, LOSS OF EARNINGS, FINANCIAL LOSS, LOSS OF BUSINESS OPPORTUNITY, PERSONAL INJURY, DEATH OR CORRUPTION ANY OTHER DAMAGE OR LOSS OF DATA HOWEVER CAUSED, RESULTING DIRECTLY OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH YOUR BLACKBERRY SOLUTION OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO YOUR BLACKBERRY SOLUTIONINDIRECTLY, OR RELATING, IN ANY PORTION THEREOFMANNER, BY ANYONE TO THE TERMS AND CONDITIONS HEREIN, THE EWSHosting SERVICES, OR THE SUBSCRIBER‟S COMPUTER SYSTEM; OR (2) DEFAMATION OR COPYRIGHT INFRINGEMENT THAT RESULTS FROM MATERIAL TRANSMITTED OR RECEIVED OTHER THAN RIMTHE EWSHosting‟S SERVICES. THESE LIMITS APPLY TO ANY ACT OR OMMISION OF EWSHosting, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY SOLUTION OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITALEWSHosting‟S EMPLOYEES, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT AGENTS, WHICH WOULD OTHERWISE BE A CAUSE OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY SOLUTION, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY SOLUTION, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of RIM exceed the greater of: (i) the amount paid by You for the RIM Product(s) at issue; (ii) the amount paid for that portion of the Software at issue; (iii) the amount paid for the relevant period of the Paid RIM Service at issue; and (iv) five (5) United States dollars. (c) To the maximum extent permitted by applicable law, to the extent RIM is liable to You hereunder, RIM shall only be liable for damages incurred during the period of such failure, delay or non- performance of Your BlackBerry Solution. (d) Nothing in this Section limits RIM’s liability to You in the event of death or bodily injury to the extent resulting directly from RIM’s negligence; provided that any damages payable by RIM shall be reduced to the extent of Your or another’s contribution. (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER ACTION IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE. (f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY;DOCTRINE OF LAW AND IN NO EVENT SHALL EWSHosting‟S LIABILITY TOWARD THE SUBSCRIBER EXCEED THE TOTAL AMOUNT PAID TO EWSHosting BY THE SUBSCRIBER FOR ANY AFFECTED SERVICE, DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. THIS SECTION SHALL CONTINUE TO APPLY NOTWITHSTANDING EXPIRATION OR TERMINATION OF THESE TOS.