Common use of Limitations of Liability Clause in Contracts

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8.

Limitations of Liability. UNDER NO CIRCUMSTANCES UNLESS APPLICABLE LAW OTHERWISE REQUIRES, SELLER’S AND ANY VENDOR’S TOTAL LIABILITY TO BUYER, BUYER’S CUSTOMERS OR TO ANY OTHER PERSON, RELATING TO ANY PURCHASES GOVERNED BY THESE TERMS & CONDITIONS, FROM THE USE OF THE GOODS FURNISHED OR FROM ANY ADVICE, INFORMATION OR ASSISTANCE PROVIDED BY SELLER (BY ANY METHOD, INCLUDING A WEB SITE), IS LIMITED TO THE PRICE OF THE GOODS GIVING RISE TO THE CLAIM. NEITHER SELLER NOR ITS VENDORS SHALL EITHER PARTY BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, CIRCUMSTANCES FOR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, DIRECT, CONSEQUENTIAL OR CONSEQUENTIAL PENAL DAMAGES (INCLUDING, BUT NOT LIMITED TO BACKCHARGES, LABOR COSTS, COSTS OF REMOVAL, REPLACEMENT, TESTING OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGESINSTALLATION, OR ANY LOSS OF EFFICIENCY, LOSS OF PROFITS OR REVENUES, LOSS OF USE OF THE GOODS OR ANY ASSOCIATED GOODS, DAMAGE TO ASSOCIATED GOODS, LATENESS OR DELAYS IN DELIVERY, UNAVAILABILITY OF GOODS, COST OF LABORCAPITAL, RESULTING FROM COST OF SUBSTITUTE GOODS, FACILITIES OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDERSERVICES, DOWNTIME, OR BREACH OFCLAIMS FROM BUYER’S CUSTOMERS OR OTHER PARTIES). IF SELLER FURNISHES BUYER WITH ADVICE OR OTHER ASSISTANCE WHICH CONCERNS ANY GOODS SUPPLIED HEREUNDER, THIS AGREEMENTOR ANY SYSTEM OR EQUIPMENT IN WHICH ANY SUCH GOODS MAY BE INSTALLED, EVEN IF AND WHICH IS NOT REQUIRED PURSUANT TO THESE TERMS & CONDITIONS, THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY FURNISHING OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ADVICE OR ASSISTANCE WILL NOT SUBJECT SELLER TO ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVERLIABILITY, WHETHER IN BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITYNEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8OTHER GROUNDS.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE WHETHER IN a. BY ENROLLING IN, ACTIVATING, USING OR PAYING FOR THE SERVICES, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE LIMITATIONS OF DYNA RING VOIP SERVICE DESCRIBED HEREIN. b. DYNA RING'S LIABILITY TO YOU ON ACCOUNT OF ANY ACT OR OMISSION OF DYNA RING RELATED TO THIS AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE)ACTS OR OMISSIONS RELATED TO 911 DIALING, UNDER SHALL BE LIMITED TO ACTUAL DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY, OR BODILY INJURY OR DEATH PROXIMATELY CAUSED BY DYNA RING'S INTENTIONAL MISCONDUCT OR RECKLESSNESS. EXCEPT FOR DAMAGES THAT ARE THE DIRECT RESULT OF DYNA RING'S WILLFUL OR INTENTIONAL MISCONDUCT, YOU WILL NOT BE ENTITLED TO ANY WARRANTY OTHER DAMAGES, INCLUDING INDIRECT OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS OR REVENUE OR OTHERWISE, REGARDLESS OF THE FORM OF ACTION. DYNA RING AND OUR EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUESREVENUE OR ANY DAMAGES OR MODIFICATIONS TO, OR LOSS OR DESTRUCTION OF, ANY COST OF LABORYOUR SOFTWARE, FILES, DATA OR PERIPHERALS. c. DYNA RING SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES RESULTING FROM INSTALLATION WORK PERFORMED BY YOU OR BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, ANY WIRING, SOFTWARE DOWNLOAD OR OTHER WORK ASSOCIATED WITH ENABLING THE SERVICE OR CREATING EXTENSIONS THERETO. d. DYNA RING SHALL NOT BE LIABLE TO THE CUSTOMER FOR ANY LOSS, DAMAGE, LIABILITY, CLAIM OR EXPENSE ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, RELATION TO THIS AGREEMENT, THE SERVICES, OR DYNA RING EQUIPMENT. MOREOVER, YOU EXPRESSLY UNDERSTAND AND AGREE THAT DYNA RING WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE BUYER OR THE SELLER DYNA RING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE AND/OR SOFTWARE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE AND/OR SOFTWARE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE AND/ OR SOFTWARE; (e) FAILURE TO INSURE THE COMPATIBILITY OF YOUR SYSTEM (I.E., THE EQUIPMENT, DEVICES, AND SOFTWARE THAT YOU PROVIDE TO RECEIVE THE SERVICE) WITH THE SERVICE AND/OR SOFTWARE, OR (f) ANY OTHER MATTER RELATING TO THE SERVICE AND/OR SOFTWARE. e. DYNA RING DOES NOT GUARANTEE ACTUAL DATES OF INSTALLATION, OR DATES OF SERVICE DELIVERY. SAVE ANY DATES QUOTED BY A DYNA RING REPRESENTATIVE ARE MEANT AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATIONESTIMATES ONLY. DYNA RING SHALL NOT BE LIABLE FOR ANY LOSS, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY DAMAGE, CLAIM, OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING EXPENSE RISING OUT OF OR IN CONNECTION WITH DELAY OF RELATION TO INSTALLATION DATES, TIMES, OR ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8OTHER SCHEDULING FACTORS.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE WHETHER XXXXXXX’X CUMULATIVE LIABILITY TO CUSTOMER FOR ALL CLAIMS IN ANY WAY ARISING OUT OF OR RELATING TO THE ORDER, ANY SOW, THIS AGREEMENT, IN AND THE PRODUCTS OR SERVICES, REGARDLESS OF THE FORM OR THEORY OF ACTION (INCLUDING BREACH OF CONTRACT, STRICT LIABILITY, TORT (INCLUDING GROSS NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY), SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID TO TRIMBLE BY CUSTOMER FOR THE RELEVANT PRODUCT OR SERVICES IN THE PRIOR 12 MONTHS UNDER THIS AGREEMENT. IN NO EVENT WILL TRIMBLE OR ITS SUPPLIERS OR THIRD-PARTY VENDORS HAVE ANY WARRANTY OBLIGATION OR OTHERWISE, LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR AGGRAVATED DAMAGES, OR ANY LOSS OF PROFITS OR REVENUESGOODWILL, LOSS OF DATA, OR ANY COST OF LABOR, RESULTING ANTICIPATED PROFITS ARISING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, RELATING TO THIS AGREEMENT, CUSTOMER’S USE OF OR THE PERFORMANCE OF THE PRODUCTS OR FROM THE SERVICES, OR FOR ANY OTHER REASON, EVEN IF THE BUYER TRIMBLE OR THE SELLER HAS ITS SUPPLIERS OR THIRD-PARTY VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPOTENTIAL LOSS OR DAMAGE. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY CUSTOMER ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS FEES REFLECT THE ALLOCATION OF LIABILITIES RISK SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT AND THAT TRIMBLE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL LIMIT APPLY REGARDLESS OF THE SUCCESS OR EXCLUDE THE LIABILITY EFFECTIVENESS OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8OTHER REMEDIES.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER CONSEQUENTIAL-TYPE DAMAGES. Bolt AND OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD-PARTY BE VENDORS (“ Bolt PARTIES”) ARE NOT LIABLE WHETHER IN THE AGREEMENTFOR CONSEQUENTIAL, IN TORT (INCLUDING GROSS NEGLIGENCE)INDIRECT, UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECTINCIDENTAL, SPECIAL, INCIDENTAL EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL ENHANCED DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGESUSE, OR ANY OTHER PECUNIARY LOSS OF PROFITS BY YOU OR REVENUESANY OTHER THIRD PARTY ARISING OUT OF, OR ANY COST OF LABORRELATING TO, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE PRODUCT SERVICES, REGARDLESS OF (I) WHETHER SUCH DAMAGES WERE FORESEEABLE, (II) WHETHER OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. SAVE AS SPECIFIED UNDER • ABSOLUTE LIMITATION OF LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE Bolt PARTIES ARISING OUT OF OR RELATED TO THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVERSERVICES, WHETHER IN ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITYWILLFUL MISCONDUCT) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID TO Bolt FOR THE AVOIDANCE SERVICES DURING THE PREVIOUS MONTH OR $500, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENTLIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; PROVIDED, HOWEVER, YOU AGREE THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, IN THOSE JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8.

Limitations of Liability. UNDER NO CIRCUMSTANCES a. CARRIER SHALL EITHER PARTY NOT BE LIABLE WHETHER IN THE AGREEMENTFOR INJURY, IN TORT (INCLUDING GROSS NEGLIGENCE)DEATH, UNDER ANY WARRANTY ILLNESS, DAMAGE, DELAY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OTHER LOSS TO PERSON OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGESPROPERTY, OR ANY LOSS OTHER CLAIM BY ANY PASSENGER CAUSED BY ACT OF PROFITS GOD, WAR, TERRORISM, CIVIL COMMOTION, LABOR TROUBLE, GOVERNMENT INTERFERENCE, PERILS OF THE SEA, FIRE, THEFTS OR REVENUESANY OTHER CAUSE BEYOND CARRIER’S REASONABLE CONTROL, OR ANY COST ACT NOT SHOWN TO BE CAUSED BY CARRIER’S NEGLIGENCE. b. PASSENGER AGREES TO SOLELY ASSUME THE RISK OF LABORINJURY, RESULTING FROM DEATH, x. XXXXXXX HEREBY DISCLAIMS ALL LIABILITY TO THE PASSENGER FOR DAMAGES FOR EMOTIONAL DISTRESS, MENTAL SUFFERING OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY PSYCHOLO- GICAL INJURY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR KIND UNDER ANY CIRCUMSTANCES, WHEN SUCH DAMAGES WERE NEITHER THE AVOIDANCE RESULT OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, A PHYSICAL INJURY TO THE FULL EXTENT PERMITTED PASSENGER, NOR THE RESULT OF PASSENGER HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY, NOR WERE INTENTIONALLY INFLICTED BY APPLICABLE LAWTHE CARRIER. WITHOUT LIMITING THE PRECEDING SENTENCE, IN NO EVENT WILL CARRIER BE LIABLE TO PASSENGER FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMP- XXXX OR PUNITIVE DAMAGES. d. ON CRUISES WHICH NEITHER EMBARK, DISEMBARK NOR CALL AT ANY PORT IN THE UNITED STATES, CARRIER SHALL BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS, IMMUNITIES AND RIGHTS APPLICABLE TO IT UNDER THE SELLER‘‘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 IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING TO A PASSENGER TO NO MORE THAN 46,666 SPECIAL DRAWING RIGHTS AS DEFINED THEREIN (APPROXIMATELY U.S. $70,000, 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 ITS NEGLIGENCE AND LIMITATIONS OF LIABILITY PROVIDED IN OR FOR FRAUDULENT MISREPRESENTATION. 8AUTHORIZED BY THE LAWS OF THE UNITED STATES (INCLUDING TITLE 46, UNITED STATES CODE SECTIONS 30501 THROUGH 30509 AND 30511) WILL APPLY.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE WHETHER IN THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, IN TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING GROSS NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER ANY WARRANTY THIS AGREEMENT BY YOU AND/OR OTHERWISESUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE). NOTWITSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS BREACH OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF A STATUTORY DUTY OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, ANY OTHER WAY (EVEN IF THE BUYER OR THE SELLER TREND MICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR: (I) ANY ECONOMIC LOSS (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS); (II) TO THE EXTENT ALLOWED BY APPLICABLE LAW, ANY LOSS OR DAMAGE RESULTING FROM DEATH OR INJURY OF SUBSCRIBER AND/OR ANY RELYING PARTY OR ANYONE ELSE; (III) ANY LOSS OF GOODWILL OR REPUTATION; OR (IV) ANY OTHER INDIRECT, CONSEQUENTIAL, INCIDENTAL, MULTIPLE, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES IN ANY CASE WHETHER OR NOT SUCH LOSSES OR DAMAGES WERE WITHIN THE CONTEMPLATION OF THE PARTIES AT THE TIME OF THE APPLICATION FOR, INSTALLATION OF, USE OF OR RELIANCE ON THE CERTIFICATE, OR AROSE OUT OF ANY OTHER MATTER OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY SUPPORT SERVICES) UNDER ITS CPS OR WITH REGARD TO THE USE OF OR RELIANCE ON THE CERTIFICATE. SAVE AS SPECIFIED UNDER THIS AGREEMENT BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE BUYER’S RIGHT EXCLUSION OR LIMITATION OF TERMINATIONINCIDENTAL OR CONSEQUENTIAL DAMAGES, LIQUIDATED THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO A SUBSCRIBER AND/OR A RELYING PARTY BUT SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, GIVEN EFFECT TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY ON A CERTIFICATE-BY-CERTIFICATE BASIS, IN NO EVENT REGARDLESS OF THE NUMBER OF TRANSACTIONS OR CLAIMS RELATED TO EACH CERTIFICATE, AND SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID BE APPORTIONED FIRST TO THE SELLER BY THE BUYER FOR THE PRODUCTEARLIER CLAIMS TO ACHIEVE FINAL RESOLUTION. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENTIn no event will Trend Micro be liable for any damages to Subscribers, Relying Parties or any other party arising out of or related to the use or misuse of, or reliance on any Certificate issued under this Agreement or the CPS that: (i) has expired or been revoked; (ii) has been used for any purpose other than as set forth in this Agreement or the CPS (See CPS Section 1.3. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATIONfor more detail); (iii) has been tampered with; (iv) with respect to which the Key Pair underlying such Certificate or the cryptography algorithm used to generate such Certificate's Key Pair, has been compromised by the action of any party other than Trend Micro (including without limitation the Subscriber or Relying Party); or (v) is the subject of misrepresentations or other misleading acts or omissions of any other party, including but not limited to Subscribers and Relying Parties. 8In no event shall Trend Micro be liable to the Subscriber, Relying Party or other party for damages arising out of any claim that a Certificate infringes any patent, trademark, copyright, trade secret or other intellectual property right of any party.

Limitations of Liability. 6.1 EXCEPT FOR AMOUNTS PAYABLE BY CUSTOMER PURSUANT TO THE AGREEMENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY TELEHOUSE BE LIABLE WHETHER IN TO THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, OTHER PARTY FOR ANY INDIRECT, SPECIALINCIDENTAL, INCIDENTAL CONSEQUENTIAL, SPECIAL OR CONSEQUENTIAL EXEMPLARY DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR UNDER ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, LEGAL THEORY (EVEN IF THE BUYER OR THE SELLER THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED ), ARISING FROM PERFORMANCE UNDER THIS OR FAILURE OF PERFORMANCE OF ANY PROVISION OF THE AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE SUCH DAMAGES INCURRED BY THIRD PARTIES), SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR STRICT LIABILITY) ANTICIPATED PROFITS OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOFLOST BUSINESS. EXCEPT FOR AMOUNTS PAYABLE BY CUSTOMER PURSUANT TO THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TELEHOUSE BE LIABLE FOR DAMAGES IN EXCESS OF THE SELLER’S LIABILITY VALUE RECEIVED BY THE OTHER PARTY UNDER THE AGREEMENT. ALL CLAIMS BEYOND THOSE ALLOWED IN CONNECTION WITH THE PRODUCT THESE NYIIX MASTER SERVICES AGREEMENT OF GENERAL TERMS AND CONDITIONS FOR ANY LOSS OR THIS AGREEMENT EXCEED THE PRICE PAID DAMAGE FROM WHATEVER CAUSE ARISING, INCLUDING DAMAGE TO THE SELLER OTHER PARTY’S PROPERTY, SHALL BE EXCLUDED AND HEREBY WAIVED BY THE BUYER FOR OTHER PARTY UNLESS SUCH CLAIM IS MADE BASED ON PROVEN INTENTIONAL BAD ACTS OR GROSS NEGLIGENCE BY TELEHOUSE; IN SUCH CASE, DAMAGES SHALL BE LIMITED TO THOSE THAT ARE REASONABLY FORESEEABLE AS A RESULT OF THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT INTENTIONAL BAD ACTS OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8GROSS NEGLIGENCY BY TELEHOUSE.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY WILL EFILECABINET OR ANY OF ITS LICENSORS OR SERVICE PROVIDERS BE LIABLE UNDER OR IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, DAMAGE OR LOSS OF USE OF DATA, BUSINESS INTERRUPTIONS, AND LOST BUSINESS OPPORTUNITY), REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF EFILECABINET AND ITS LICENSORS AND SERVICE PROVIDERS UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE (REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE), EXCEED THE PRICE TOTAL FEES PAID BY CUSTOMER TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN EFILECABINET UNDER THIS AGREEMENT SHALL LIMIT DURING THE PRECEEDING 12 MONTH PERIOD. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR EXCLUDE THE LIABILITY OTHER REMEDY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8ESSENTIAL PURPOSE.

Limitations of Liability. UNDER NO CIRCUMSTANCES a. CARRIER SHALL EITHER PARTY NOT BE LIABLE WHETHER IN THE AGREEMENTFOR INJURY, IN TORT (INCLUDING GROSS NEGLIGENCE)DEATH, UNDER ANY WARRANTY ILLNESS, DAMAGE, DELAY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OTHER LOSS TO PERSON OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGESPROPERTY, OR ANY LOSS OTHER CLAIM BY ANY PASSENGER CAUSED BY ACT OF PROFITS GOD, WAR, TERRORISM, CIVIL COMMOTION, LABOR TROUBLE, GOVERNMENT INTERFERENCE, PERILS OF THE SEA, FIRE, THEFTS OR REVENUESANY OTHER CAUSE BEYOND CARRIER'S REASONABLE CONTROL, OR ANY COST ACT NOT SHOWN TO BE CAUSED BY CARRIER'S NEGLIGENCE. b. PASSENGER AGREES TO SOLELY ASSUME THE RISK OF LABORINJURY, RESULTING FROM DEATH, ILLNESS OR ARISING OUT OTHER LOSS, AND CARRIER IS NOT RESPONSIBLE FOR PASSENGER'S USE OF ANY ATHLETIC OR IN CONNECTION WITH RECREATIONAL EQUIPMENT; OR FOR THE PRODUCT NEGLIGENCE OR SELLER’S PERFORMANCE UNDERWRONGDOING 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 BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY SHORE EXCURSION, TOUR OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, ACTIVITY. x. XXXXXXX HEREBY DISCLAIMS ALL LIABILITY TO THE FULL EXTENT PERMITTED 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 PHYSICAL INJURY TO THE PASSENGER, NOR THE RESULT OF PASSENGER HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY, NOR WERE INTENTIONALLY INFLICTED BY APPLICABLE LAWTHE CARRIER. 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 NEITHER EMBARK, DISEMBARK NOR CALL AT ANY PORT IN THE UNITED STATES, CARRIER SHALL BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS, IMMUNITIES AND RIGHTS APPLICABLE TO IT UNDER THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID “ATHENS CONVENTION RELATING TO THE SELLER CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA” OF 1974, AS WELL AS THE BUYER FOR “PROTOCOL TO THE PRODUCTATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA” OF 1976 (“ATHENS CONVENTION”). EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE ATHENS CONVENTION LIMITS THE CARRIER'S LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING TO A PASSENGER TO NO MORE THAN 46,666 SPECIAL DRAWING RIGHTS AS DEFINED THEREIN (APPROXIMATELY U.S. $70,000, 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 ITS NEGLIGENCE AND LIMITATIONS OF LIABILITY PROVIDED IN OR FOR FRAUDULENT MISREPRESENTATION. 8AUTHORIZED BY THE LAWS OF THE UNITED STATES (INCLUDING TITLE 46, UNITED STATES CODE SECTIONS 30501 THROUGH 30509 AND 30511) WILL APPLY.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY COMPANY WILL NOT BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, TO CUSTOMER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL CONSEQUENTIAL OR CONSEQUENTIAL EXEMPLARY DAMAGES OR (INCLUDING DAMAGES FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGESLOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENTDATA), EVEN IF THE BUYER OR THE SELLER A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE FURTHER, COMPANY WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) CUSTOMER INABILITY TO USE THE SERVICES, INCLUDING AS SPECIFIED A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR CUSTOMER USE OF OR ACCESS TO THE SERVICE OFFERINGS, (II) COMPANY 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; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR CUSTOMER USE OF OR ACCESS TO THE SERVICE OFFERINGS; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY CUSTOMER CONTENT OR DATA. IN ANY CASE, COMPANY AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. AMOUNT CUSTOMER ACTUALLY PAYS COMPANY UNDER THIS AGREEMENT FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, SERVICE THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, GAVE RISE TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLAIM DURING THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE 12 MONTHS BEFORE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8AROSE.

Limitations of Liability. UNDER NOTWITHSTANDING ANYTHING TO THE CONTRARY EXPRESSED OR IMPLIED HEREIN: a. IN NO CIRCUMSTANCES EVENT SHALL EITHER PARTY TRUCE BE LIABLE TO CUSTOMER OR ANY OF CUSTOMER’S USERS, ADMINISTRATORS OR ANY OTHER EMPLOYEE, CONTRACTOR, AGENT OR OTHER PERSONNEL (THE “CUSTOMER PARTIES”) FOR ANY OF THE FOLLOWING, WHETHER IN TRUCE KNEW OR SHOULD HAVE KNOWN OF THE AGREEMENT, IN TORT POSSIBILITY OF SUCH DAMAGES: (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR 1) ANY INDIRECT, SPECIAL, INCIDENTAL CONSEQUENTIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, INCLUDING LOST PROFITS AND LOST SAVINGS; (2) ANY CLAIM ASSERTED BY ANY THIRD PARTY (EXCEPT FOR THIRD PARTY CLAIMS SUBJECT TO TRUCE’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 15); (3) TO THE EXTENT ALLOWED BY APPLICABLE LAW, ANY CLAIMS OR DAMAGES RESULTING FROM DEATH OF OR INJURY TO ANY OF THE CUSTOMER PARTIES OR ANY LOSS OF PROFITS OTHER PERSON OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ENTITY ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDERINSTALLATION, USE, IMPROPER USE, OR BREACH OFINABILITY TO USE THE TRUCE SYSTEM; AND, (4) ANY LEGAL FEES OR OTHER EXPENSES RELATED THERETO (EXCEPT FOR THIRD PARTY CLAIMS SUBJECT TO TRUCE’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 15). b. THE TOTAL LIABILITY OF TRUCE TO THE CUSTOMER PARTIES WILL BE LIMITED TO THE LESSER OF (1) CUSTOMER’S ACTUAL DIRECT DAMAGES, IF ANY OR (2) THE CUMULATIVE PAYMENTS ACTUALLY RECEIVED BY TRUCE FROM CUSTOMER PURSUANT TO THIS AGREEMENT, AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE; PROVIDED THAT THE FOREGOING LIMITATION ON LIABILITY SHALL NOT APPLY TO TRUCE’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 15 BELOW. c. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY ARE AN ESSENTIAL CONDITION OF THE POSSIBILITY AGREEMENT. d. THE LIMITATIONS SET FORTH IN THIS SECTION 14 SHALL APPLY REGARDLESS OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT FORM, NATURE OR TYPE OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN CLAIM OR CAUSE OF ACTION ASSERTED BY ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVERCUSTOMER PARTY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF OTHERWISE, AND SHALL SURVIVE ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS TERMINATION OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE , REGARDLESS OF THE LIABILITY OF EITHER PARTY REASON FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8SUCH TERMINATION. e. Notwithstanding the foregoing, the parties acknowledge that, in some jurisdictions, applicable law does not allow the exclusion or limitation of incidental, consequential or special damages, the exclusion of implied warranties, or limitations on how long a given warranty may last, so some of the above limitations may not apply.

Limitations of Liability. 5.6.1. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE WHETHER IN THE AGREEMENTCONTRACT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS (SAVE IN RELATION TO SELLER’S LOSS OF PROFIT ARISING FROM THE BUYER’S FAILURE OR REFUSAL TO TAKE OR ACCEPT DELIVERY OF THE GOODS OR ANY PART THEREOF CONTRARY TO THE TERMS OF THE PURCHASE ORDER) OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT GOODS OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENTTHE PURCHASE ORDER, EVEN IF THE BUYER OR THE SELLER HAS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES EACH PARTY SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOFUNDERTAKE ITS BEST EFFORTS TO MITIGATE ITS LOSSES. 5.6.2. FOR THE AVOIDANCE OF DOUBT, THE BUYER EITHER PARTY MAY SEEK TO RECOVER FROM THE DEFAULTING PARTY ANY ACTUAL DIRECT DAMAGES IF INCURRED AS A RESULT OF THE SELLER BREACHES THIS AGREEMENTDEFAULTING PARTY’S BREACH OF PURCHASE ORDER (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES AND COSTS); PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLERBUYER’S LIABILITY IN CONNECTION WITH THE PRODUCT GOODS OR THIS AGREEMENT THE PURCHASE ORDER EXCEED THE PRICE TOTAL GOODS VALUE (INCLUDING, BUT NOT LIMITED TO TRANSPORTATION COSTS, STORAGE COSTS, ETC.) PAID TO THE SELLER BY THE BUYER FOR THE PRODUCTGOODS. 5.6.3. EITHER PARTY ACKNOWLEDGES UNDER NO CIRCUMSTANCES SHALL THE BUYER BE LIABLE FOR THE SELLER’S LOSS OF PROFIT, NON RECEIPT OF REVENUE, BUSINESS INTERRUPTIONS, THE SUSPENSION OF COMMERCIAL ACTIVITIES, OR FOR ANY INDIRECT LOSS IRRESPECTIVE OF ITS CHARACTER AND AGREES REASON. 5.6.4. BOTH PARTIES ACKNOWLEDGE AND AGREE THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR ON AN EQUAL FOOTING AND ARE ESSENTIAL TERMS CONDITIONS OF THIS AGREEMENTTHE PURCHASE ORDER. 5.6.5. NOTHING IN THIS AGREEMENT THE PURCHASE ORDER SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE WHETHER IN TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF rf IDEAS AND ITS SUPPLIERS FOR ALL DAMAGES RELATING TO OR ARISING FROM THIS AGREEMENT, IN TORT INCLUDING, WITHOUT LIMITATION, CONTRACT DAMAGES AND DAMAGES FOR INJURIES TO PERSONS OR PROPERTY, WHETHER ARISING FROM rf IDEAS’ BREACH OF THIS AGREEMENT, BREACH OF WARRANTY, NEGLIGENCE (INCLUDING GROSS NEGLIGENCEWHETHER ACTIVE, AFFIRMATIVE, OR GROSS), UNDER ANY WARRANTY STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGESOTHER TORT WITH RESPECT TO THE PRODUCTS, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR SERVICE PROVIDED IN CONNECTION WITH THE PRODUCTS OR OTHERWISE, SHALL IN NO EVENT EXCEED THE AMOUNT RF IDEAS RECEIVED FROM YOU FOR THE PARTICULAR PRODUCT OR SELLER’S SERVICE GIVING RISE TO THE LIABILITY. RF IDEAS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE OR LOSS RESULTING FROM THE OPERATION OR PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY THIRD PARTY PRODUCT DELIVERY OR PART THEREOFANY SYSTEMS IN WHICH AN RF IDEAS PRODUCT IS INCORPORATED. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT RF IDEAS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR THIS AGREEMENT EXCEED THE PRICE PAID CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA OR OTHER ECONOMIC ADVANTAGE, AND ANY NON-ECONOMIC LOSSES, REGARDLESS OF THE LEGAL THEORY ON WHICH ANY SUCH DAMAGES MAY BE BASED AND EVEN IF A PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8The limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy specified herein.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE WHETHER 12.1 THE PARTIES CONFIRM THAT THE EXPRESS REMEDIES AND MEASURES OF DAMAGES PROVIDED IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT SATISFY THE BUYER’S RIGHT ESSENTIAL PURPOSES HEREOF. FOR BREACH OF TERMINATIONANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, LIQUIDATED SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY, THE OBLIGOR’S LIABILITY SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN, THE OBLIGOR’S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE DAMAGES. UNLESS EXPRESSLY HEREIN PROVIDED, NEITHER PARTY SHALL BE LIABLE FOR DELAY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT OR OTHERWISE. . TO THE EXTENT ANY PRODUCT DELIVERY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR PART THEREOF IMPOSSIBLE TO DETERMINE, OR OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE SELLER DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE HARM OR LOSS. NOTWITHSTANDING THE FOREGOING, PROVIDER SHALL HAVE NO FURTHER LIABILITY WHATSOEVERREMAIN LIABLE, WHETHER IN CONTRACTWITHOUT MONETARY LIMITATION, TORT (INCLUDING FOR DIRECT DAMAGES FOR PERSONAL INJURY, DEATH OR DAMAGE TO REAL PROPERTY OR TANGIBLE PERSONAL PROPERTY ATTRIBUTABLE TO THE NEGLIGENCE OR STRICT LIABILITY) OTHER TORT OF THE PROVIDER, ITS OFFICERS, EMPLOYEES OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8AGENTS.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE WHETHER NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE AGREEMENTTHESE TERMS AND CONDITIONS, IN TORT (INCLUDING GROSS NEGLIGENCE)FOURTH WILL NOT, UNDER ANY WARRANTY CIRCUMSTANCES, BE LIABLE TO SUBSCRIBER OR OTHERWISE, ANY OTHER PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGESPUNITIVE, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDERRELATED TO THESE TERMS AND CONDITIONS, OR BREACH OFFOR ANY LOST GOODWILL OR BUSINESS VALUE, THIS AGREEMENTLOST PROFITS, OR LOSS OF BUSINESS OR DATA, ARISING OUT OF OR RELATED TO THE SERVICES, EVEN IF FOURTH IS APPRISED OR SHOULD HAVE KNOWN OF THE BUYER LIKELIHOOD OF SUCH DAMAGES OCCURRING. UNDER NO CIRCUMSTANCES WILL FOURTH'S TOTAL LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THE SELLER SERVICES (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY SUBSCRIBER TO FOURTH UNDER THE APPLICABLE ORDER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE LIABILITY. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT INCREASE THIS LIMIT. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY WHETHER OR NOT (a) SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE; (b) SUCH LIABILITY IS FORESEEABLE OR CONTEMPLATED BY THE PARTIES AT THE EFFECTIVE DATE; AND (c) THE DAMAGED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSS OR DAMAGE. SAVE INSOFAR AS SPECIFIED UNDER APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMAWDLALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. EACH PROVISION OF THESE TERMS AND CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THESE TERMS AND CONDITIONS BETWEEN THE PARTIES. THIS AGREEMENT ALLOCATION IS REFLECTED IN THE BUYER’S RIGHT PRICING OFFERED BY FOURTH TO SUBSCRIBER AND IS AN ESSENTIAL ELEMENT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND EXCLUSIVE REMEDY FOR DELAY INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS AND CONDITIONS. THE LIMITATIONS IN ANY PRODUCT DELIVERY OR PART THEREOF AND THIS SECTION 9 WILL APPLY NOTWITHSTANDING THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT FAILURE OF OR IN CONNECTION WITH DELAY ESSENTIAL PURPOSE OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, LIMITED REMEDY IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES THESE TERMS AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8CONDITIONS.

Limitations of Liability. UNDER NO CIRCUMSTANCES TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKETING 360 SHALL EITHER PARTY NOT BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY EXEMPLARY, OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF LOST PROFITS OR REVENUESREVENUES OR DIMINUTION IN VALUE, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF NOT THE POSSIBILITY OF SUCH DAMAGESDAMAGES 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 NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. SAVE AS SPECIFIED 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 AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVERAGREEMENT, WHETHER IN ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITYNEGLIGENCE) OR OTHERWISE ARISING OUT OTHERWISE, EXCEED THE TOTAL OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. THE AMOUNTS YOU PAID TO MARKETING 360 FOR THE AVOIDANCE OF DOUBTSERVICES SOLD HEREUNDER. WITHOUT LIMITING THE FOREGOING, THE BUYER MAY SEEK MARKETING 360 IS NOT RESPONSIBLE FOR ANY DAMAGES DUE TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDEDCONTENT, HOWEVEROMISSIONS OR ERRONEOUS DATA APPEARING IN CLIENT’S WEBSITE, BLOGS OR ON SOCIAL MEDIA.WE FURTHER DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8YOU USE.

Limitations of Liability. UNDER TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL EITHER PARTY EVENT WILL THE COMPANY ENTITIES BE LIABLE WHETHER IN THE AGREEMENT(A) FOR DAMAGES OF ANY KIND, IN TORT (INCLUDING GROSS NEGLIGENCE)DIRECT, UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA , WALLET KEYS, OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR FOR EXEMPLARY LOSSES, ARISING OUT OF OR PUNITIVE LOSSES RELATED TO YOUR USE OR DAMAGESINABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY LOSS OF PROFITS OTHER CLAIM, DEMAND OR REVENUES, OR ANY COST OF LABOR, DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PRODUCT DELIVERY, USE OR SELLER’S PERFORMANCE UNDEROF THE SERVICES. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR BREACH OFTHE AMOUNT YOU PAID THE COMPANY ENTITIES, THIS AGREEMENTIF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR COMPANY NFTS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED ABOVE STATED REMEDY FAILS OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ITS ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8PURPOSE.

Limitations of Liability. UNDER IN NO CIRCUMSTANCES SHALL EITHER PARTY EVENT WILL VCC OR ITS SUPPLIERS BE LIABLE WHETHER IN THE AGREEMENTTO BUYER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, IN TORT (INCLUDING GROSS NEGLIGENCE)LOSS OF USE, UNDER LOSS OF REVENUE, LOSS OF GOODWILL, ANY WARRANTY INTERRUPTION OF BUSINESS, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR OF ANY KIND (COLLECTIVELY, “DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ”) ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT AGREEMENT OR SELLER’S PERFORMANCE UNDERTHE PRODUCTS REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR BREACH OF, THIS AGREEMENTOTHERWISE, EVEN IF THE BUYER OR THE SELLER VCC HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYERVCC’S RIGHT OF TERMINATIONTOTAL CUMULATIVE LIABILITY FOR ANY LOSSES OR ANY DIRECT DAMAGES, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY THE AGREEMENT OR THE PRODUCTS REGARDLESS OF ANY PRODUCT DELIVERY THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR PART THEREOF. OTHERWISE, EVEN IF VCC HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, WILL NOT EXCEED THE AMOUNT PAYABLE BY BUYER TO VCC FOR THE AVOIDANCE PRODUCTS PURCHASED PURSUANT TO THE ORDER, OR THE AMOUNT PAID BY BUYER, IF THE CLAIM IS BROUGHT BY BUYER. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THE FOREGOING REMEDIES ARE EXCLUSIVE, AND BUYER WAIVES AND RELEASES ALL OTHER WARRANTIES, OBLIGATIONS, AND LIABILITIES OF DOUBTVCC AND ALL OTHER REMEDIES, THE CLAIMS, AND RIGHTS THAT BUYER MAY SEEK TO RECOVER HAVE RELATING IN ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, WAY TO THE FULL EXTENT PERMITTED PRODUCTS COVERED BY APPLICABLE LAWTHESE TERMS AND CONDITIONS, IN NO EVENT SHALL THE SELLER’S WHETHER ARISING FROM CONTRACT, WARRANTY, STRICT LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TORT OR FROM OUR NEGLIGENCE, TORT, OR OTHER FAULT, INCLUDING CLAIMS FOR LOSS OF OR DAMAGE TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8PRODUCTS.

Limitations of Liability. UNDER NO CIRCUMSTANCES In the event of Socket Mobile’s breach of this Agreement, Your sole remedy shall be the termination of this Agreement. NOT WITHSTANDING ANYTHING TO THE CONTRARY HEREIN, SOCKET MOBILE SHALL EITHER PARTY NOT BE LIABLE WHETHER TO YOU, YOUR AFFILIATES, AND END USERS FOR ANY DAMAGES/LOSSES WHATSOEVER ARISING OUT OF, IN THE CONNECTION WITH, RELATING TO, OR RESULTING FROM THIS AGREEMENT, IN INCLUDING BUT NOT LIMITED TO SOCKET MOBILE SOFTWARE OR ANY PORTIONS THEREOF, SOCKET MOBILE’S LICENSE GRANT OF SOCKET MOBILE SOFTWARE, YOUR EXERCISE OF YOUR RIGHTS UNDER THIS AGREEMENT, AND YOUR APPLICATION(S). THE FOREGOING LIMITATIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO ANY AND ALL DAMAGES/LOSSES, HOWEVER CAUSED , WHETHER IMPOSED BY CONTRACT, LAW, STATUTE, OR AS A RESULT OF A COURSE OF DEALING, CUSTOM, USEAGE OR OTHERWISE, REGARDLESS OF THE FORM OF ACTION THAT MAY BE BROUGHT AGAINST SOCKET MOBILE,WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY PRODUCT LIABILITY, PROPRIETARY OR INTELLECTUAL RIGHTS, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER SOCKET MOBILE HAS BEEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED SOCKET MOBILE’S AGGREGATE LIABILITY TO THE YOU UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE LIMITED TO THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY LESSER OF THE AMOUNTS PAYABLE, OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVERACTUALLY PAID, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK BY YOU TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES SOCKET MOBILE UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8.

Limitations of Liability. UNDER IN NO CIRCUMSTANCES SHALL EVENT WILL EITHER PARTY BE LIABLE WHETHER IN TO THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), OTHER PARTY UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT THIS AGREEMENT UNDER ANY LEGAL OR SELLER’S PERFORMANCE UNDEREQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OFOF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, THIS AGREEMENT, EVEN IF IN EACH CASE REGARDLESS OF WHETHER THE BUYER OR THE SELLER HAS BEEN PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATIONEXCEPT FOR ITS INDEMNIFICATION OBLIGATIONS SET FORTH ABOVE IN SECTION 8(A), LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING MATTERS ARISING FROM ITS NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE INTENTIONAL MISCONDUCT, IN NO EVENT WILL LICENSOR'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH DELAY RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR CONTRACT, TORT, STRICT LIABILITY, AND OTHERWISE EXCEED THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TOTAL AMOUNTS PAID TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES LICENSOR UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, . IN NO EVENT SHALL THE SELLERLICENSEE’S AGGREGATE LIABILITY IN CONNECTION WITH THE PRODUCT ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND OTHERWISE EXCEED THE PRICE TOTAL AMOUNTS PAID BY LICENSEE TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF LICENSOR UNDER THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY WE AND OUR AFFILIATES AND LICENSORS WILL NOT BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL CONSEQUENTIAL OR CONSEQUENTIAL EXEMPLARY DAMAGES OR (INCLUDING DAMAGES FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGESLOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENTDATA), EVEN IF THE BUYER OR THE SELLER A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE 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 SERVICES, INCLUDING AS SPECIFIED A RESULT OF ANY (I) TERMINATION 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; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS; OR (D) ANY 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, EXCEPT FOR PAYMENT OBLIGATIONS UNDER SECTION 9.2, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, SERVICE THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, GAVE RISE TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLAIM DURING THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE 12 MONTHS BEFORE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8AROSE.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE WARRANTY AND OTHER DISCLAIMERS IN THIS AGREEMENT, IN NO EVENT SHALL TOMOFUN, ITS OFFICERS, EMPLOYEES, PARTNERS, AGENTS, OR AFFILIATES, BE (A) LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING FROM OR RELATING TO THE SELLERSERVICES, WHETHER OR NOT WE HAVE BEEN INFORMED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND (B) HAVE TOTAL CUMULATIVE LIABILITY FOR ANY DIRECT DAMAGES, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF LIFE OR ANY OTHER DAMAGES NOT EXCLUDED OR PRECLUDED PURSUANT TO (A) ABOVE, ARISING FROM OR RELATED TO THE SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT NEVER TO EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO TOMOFUN OR AN AUTHORIZED TOMOFUN RESELLER FOR THE SERVICES AT ISSUE WITHIN THE PRIOR TWELVE (12) MONTHS (IF ANY). TOMOFUN DISCLAIMS ALL LIABILITY OF ANY KIND OF TOMOFUN’S LICENSORS AND SUPPLIERS. TOMOFUN DISCLAIMS ALL LIABILITY ARISING FROM OR RELATING TO ANY CONTENT OR PRIVATE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR PRIVATE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR PRIVATE CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF, OR EXPOSURE TO, ANY CONTENT OR PRIVATE CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, DISSEMINATED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THIS SECTION SHALL APPLY EVEN IF TOMOFUN IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED OR LIMITED WARRANTY, NEGLIGENCE OF ANY KIND OR DEGREE, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY OF LIABILITY. FOR THOSE JURISDICTIONS THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE, THIS AGREEMENT EXCEED THE PRICE PAID LIMITATION OF LIABILITY SHALL NOT APPLY TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS ANY WILLFUL, WANTON, INTENTIONAL, RECKLESS MISCONDUCT, OR GROSS NEGLIGENCE OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8TOMOFUN.

Limitations of Liability. UNDER IN NO CIRCUMSTANCES SHALL EITHER PARTY EVENT WILL XXXXX OR ITS RESELLERS, OR ITS OR THEIR SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT THIS AGREEMENT UNDER ANY LEGAL OR SELLER’S PERFORMANCE UNDEREQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR BREACH OFPUNITIVE DAMAGES; (b) INCREASED COSTS, THIS AGREEMENTDIMINUTION IN VALUE OR LOST BUSINESS, EVEN IF THE BUYER PRODUCTION, REVENUES, OR THE SELLER HAS BEEN PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, IN EACH CASE REGARDLESS OF WHETHER XXXXX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. SAVE AS SPECIFIED UNDER IN NO EVENT WILL XXXXX’X OR ITS RESELLERS’, OR ITS OR THEIR SERVICE PROVIDERS’, LICENSORS’ OR SUPPLIERS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT THE BUYER’S RIGHT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS ACTUALLY PAID TO XXXXX OR (IF APPLICABLE) OR OTHERWISE ARISING OUT OF OR ITS RESELLER UNDER THIS AGREEMENT IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, TWELVE (12) MONTH PERIOD PRECEDING THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, EVENT GIVING RISE TO THE FULL EXTENT PERMITTED BY APPLICABLE LAWCLAIM. AS BETWEEN XXXXX AND ITS RESELLERS, IN NO EVENT SHALL ON THE SELLER’S LIABILITY IN CONNECTION WITH ONE HAND, AND CUSTOMER, ITS AFFILIATES AND ITS AND THEIR AUTHORIZED USERS, ON THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY OTHER HAND, CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER, ITS AFFILIATES AND ITS AND THEIR AUTHORIZED USERS ARE SOLELY RESPONSIBLE FOR ALL USES SUCH PERSONS OR ENTITIES MAY MAKE OF THE EXCLUSIVE REMEDIES SOFTWARE, AND ALL DECISIONS SUCH PERSONS OR ENTITIES MAY MAKE BASED ON THE SOFTWARE OR ANY CONTENT OR MATERIALS AVAILABLE ON OR THROUGH THE FOREGOING, AND XXXXX AND ITS RESELLERS HEREBY DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON THE SOFTWARE, OR ANY CONTENT OR MATERIALS AVAILABLE ON OR THROUGH THE SOFTWARE BY CUSTOMER, ITS AFFILIATES OR ITS OR THEIR AUTHORIZED USERS OR ANY OTHER PERSON OR ENTITY WHO MAY BE INFORMED OF ANY OF THE CONTENTS OF THE FOREGOING. HOWEVER, THE FOREGOING EXCLUSIONS OF DAMAGES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED LIABILITY SHALL NOT APPLY TO XXXXX’X BREACH OF ITS OBLIGATIONS UNDER SECTION 6 (CONFIDENTIALITY), XXXXX’X INDEMNIFICATION OBLIGATIONS UNDER AND PURSUANT TO SECTION 9 OR XXXXX’X LIABILITY FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS OWN FRAUD, GROSS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8WILLFUL MISCONDUCT.

Limitations of Liability. UNDER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF HID AND ITS SUPPLIERS FOR ALL DIRECT DAMAGES RELATING TO OR ARISING FROM THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT DAMAGES AND DAMAGES FOR INJURIES TO PERSONS OR PROPERTY, WHETHER ARISING FROM HID’S BREACH OF THIS AGREEMENT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT WITH RESPECT TO THE PRODUCTS, OR ANY SERVICE PROVIDED IN CONNECTION WITH THE PRODUCTS OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EVENT EXCEED THE AMOUNT HID RECEIVED FROM CUSTOMER FOR THE PARTICULAR PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY. HID WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE OR LOSS RESULTING FROM THE OPERATION OR PERFORMANCE OF ANY THIRD PARTY PRODUCT OR ANY SYSTEMS IN WHICH AN HID PRODUCT IS INCORPORATED. TO THE EXTENT PERMITTED BY APPLICABLE LAW HID SHALL EITHER PARTY NOT BE LIABLE WHETHER IN THE AGREEMENTCONTRACT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGESBREACH OF STATUTORY DUTY, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR OTHERWISE FOR: ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, RELATING TO THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY ON WHICH ANY SUCH DAMAGES MAY BE BASED AND EVEN IF THE BUYER OR THE SELLER A PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENTThese limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy specified herein. NOTHING IN THIS AGREEMENT SHALL LIMIT EXCLUDES OR EXCLUDE LIMITS THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8.PARTY:

Limitations of Liability. 9.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, ARISING FROM COURSE OF DEALING, COUSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE. 9.2 EACH PARTY’S TOTAL AGGREGATE LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL UNDER NO CIRCUMSTANCES EXCEED $ 500,000 EXCEPT AS PROVIDED BELOW. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE WHETHER IN TO THE AGREEMENTOTHER OR ANY OTHER PERSON FOR LOST REVENUES, IN TORT (INCLUDING GROSS NEGLIGENCE)LOST PROFITS, UNDER LOSS OF BUSINESS, OR ANY WARRANTY OR OTHERWISEINCIDENTAL, FOR ANY INDIRECT, EXEMPLARY, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES DAMAGES OF ANY KIND, WHETHER OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENTNOT FORESEEABLE, EVEN IF THE BUYER OR THE SELLER ONE PARTY HAS BEEN ADVISED OR WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGESLOSS OR DAMAGE. SAVE AS SPECIFIED THE FOREGOING LIMITATIONS SET FORTH IN THE TWO PREVIOUS SENTENCES SHALL NOT APPLY WITH RESPECT TO (i) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT AGREEMENT, (ii) BREACHES BY EITHER PARTY OF THE BUYEROTHER PARTY’S RIGHT INTELLECTUAL PROPERTY RIGHTS, (iii) BREACHES BY DEBIOTECH OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY LICENSE GRANTED ANIMAS IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED (iv) BREACHES BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS ANIMAS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS SECTION 2.4 OF THIS AGREEMENT, OR (V) FRAUDULENT MISREPRESENTATIONS. 9.3 The representations made by each Party under this Agreement and the obligations of each Party under this Agreement, run only to the other Party, and not to any Affiliate, sublicensee, customer or any other Person. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATIONUnder no circumstances shall any Affiliate of the other Party, its customers, or any other Person be considered a third party beneficiary of this Agreement or otherwise entitled to any rights or remedies under this Agreement. 8****** - Material has been omitted and filed separately with the Commission.

Limitations of Liability. 16.1 THE MOST THAT GEOTRUST MUST PAY YOU UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE WHETHER THE GEOSURE PROTECTION PLAN IS THE AMOUNT DETERMINED UNDER THE PLAN. THE LIMITATIONS ON DAMAGES AND PAYMENTS IN THE AGREEMENT, IN TORT THIS SECTION 16.1 DO NOT APPLY TO REFUND PAYMENTS. 16.2 THIS SECTION 16.2 APPLIES TO LIABILITY UNDER CONTRACT (INCLUDING GROSS NEGLIGENCEBREACH OF WARRANTY), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND/OR STRICT LIABILITY) ), AND ANY OTHER LEGAL OR OTHERWISE ARISING OUT EQUITABLE FORM OF CLAIM. IF YOU INITIATE ANY CLAIM, ACTION, SUIT, ARBITRATION, OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. OTHER PROCEEDING SEPARATE FROM A REQUEST FOR PAYMENT UNDER THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK GEOSURE PROTECTION PLAN RELATING TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES SERVICES PROVIDED UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, GEOTRUST SHALL NOT BE LIABLE FOR (I) ANY LOSS OF PROFIT, BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS, OR (II) ANY INDIRECT OR CONSEQUENTIAL LOSS. GEOTRUST'S TOTAL LIABILITY FOR DAMAGES SUSTAINED BY YOU AND ANY THIRD PARTY FOR ANY USE OR RELIANCE ON A CERTIFICATE SHALL BE LIMITED, IN NO EVENT THE AGGREGATE, TO ONE HUNDRED THOUSAND U.S. DOLLARS (US$100,000) OR THE EQUIVALENT IN LOCAL CURRENCY. THE LIABILITY LIMITATIONS PROVIDED IN THIS SECTION 16.2 SHALL BE THE SELLERSAME REGARDLESS OF THE NUMBER OF DIGITAL SIGNATURES, TRANSACTIONS, OR CLAIMS RELATED TO SUCH CERTIFICATE. THIS SECTION 16.2 DOES NOT LIMIT REFUND PAYMENTS OR PAYMENTS UNDER THE GEOSURE PROTECTION PLAN. NOTWITHSTANDING THE FOREGOING, GEOTRUST’S LIABILITY SHALL NOT BE LIMITED UNDER THIS SECTION 16 IN CONNECTION WITH THE PRODUCT CASES OF PERSONAL INJURY OR THIS AGREEMENT EXCEED THE PRICE PAID DEATH ARISING FROM GEOTRUST’S NEGLIGENCE OR TO ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED BY APPLICABLE LAW (INCLUDING MANDATORY LAWS OF ANY APPLICABLE JURISDICTION). TO THE SELLER BY EXTENT JURISDICTIONS DO NOT ALLOW THE BUYER FOR EXCLUSION OF CERTAIN LIABILITY LIMITATIONS, SOME OF THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitations of Liability. UNDER NO CIRCUMSTANCES a) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ARTICLE 6 (e), CARRIER SHALL EITHER PARTY NOT BE LIABLE WHETHER IN THE AGREEMENTFOR INJURY, IN TORT (INCLUDING GROSS NEGLIGENCE)DEATH, UNDER ANY WARRANTY ILLNESS, DAMAGE, DELAY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OTHER LOSS TO PERSON OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGESPROPERTY, OR ANY LOSS OTHER CLAIM BY ANY PASSENGER CAUSED BY ACT OF PROFITS GOD, WAR, TERRORISM, CIVIL COMMOTION, LABOR TROUBLE, GOVERNMENT INTERFERENCE, PERILS OF THE SEA, FIRE, THEFTS OR REVENUESANY OTHER CAUSE BEYOND CARRIER’S REASONABLE CONTROL, OR ANY COST ACT NOT SHOWN TO BE CAUSED BY CARRIER’S NEGLIGENCE. b) PASSENGER AGREES TO SOLELY ASSUME THE RISK OF LABORINJURY, RESULTING FROM DEATH, ILLNESS OR ARISING OUT OTHER LOSS, AND CARRIER IS NOT RESPONSIBLE FOR PASSENGER’S USE OF ANY ATHLETIC OR IN CONNECTION WITH RECREATIONAL EQUIPMENT; OR FOR THE PRODUCT NEGLIGENCE OR SELLERWRONGDOING OF ANY INDEPENDENT CONTRACTORS, INCLUDING BUT NOT LIMITED TO PHOTOGRAPHERS, SPA PERSONNEL OR ENTERTAINERS; OR FOR EVENTS TAKING PLACE OFF THE CARRIER’S PERFORMANCE UNDERVESSELS, LAUNCHES OR TRANSPORTS, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY SHORE EXCURSION, TOUR OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, ACTIVITY. c) CARRIER HEREBY DISCLAIMS ALL LIABILITY TO THE FULL EXTENT PERMITTED 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 PHYSICAL INJURY TO THE PASSENGER, NOR THE RESULT OF PASSENGER HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY, NOR WERE INTENTIONALLY INFLICTED BY APPLICABLE LAWTHE CARRIER. 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 BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS, IMMUNITIES AND RIGHTS APPLICABLE TO IT UNDER THE SELLER“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 IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING 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 ITS NEGLIGENCE 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 FRAUDULENT MISREPRESENTATIONDEATH 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. 8) 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 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 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 THIS REGULATION INCLUDE: SHIPWRECK, CAPSIZING, COLLISION OR STRANDING OF THE SHIP, EXPLOSION OR FIRE IN THE SHIP OR DEFECT IN THE SHIP BUT DOES INCLUDING ACTS OF WAR, HOSTILITIES, CIVIL WAR, INSURRECTION, NATURAL DISASTERS OR INTENTIONAL 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, ALL THE RESTRICTIONS, EXEMPTIONS FROM, AND LIMITATIONS OF LIABILITY PROVIDED IN, OR AUTHORIZED BY THE LAWS OF THE UNITED STATES SHALL APPLY, INCLUDING BUT NOT LIMITED TO, TITLE 46 OF THE UNITED STATES CODE §§ 30501 THROUGH 30509, AND 30511. EXCEPT AS OTHERWISE SET FORTH, THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE GENERAL MARITIME LAW OF THE UNITED STATES OF AMERICA.

Limitations of Liability. UNDER NO CIRCUMSTANCES NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, NEITHER SPINCO NOR ITS AFFILIATES, ON THE ONE HAND, NOR REMAINCO NOR ITS AFFILIATES, ON THE OTHER HAND, SHALL EITHER PARTY BE LIABLE WHETHER IN UNDER THIS AGREEMENT TO THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, OTHER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, SPECIAL, INCIDENTAL INDIRECT, PUNITIVE, EXEMPLARY, REMOTE, SPECULATIVE OR CONSEQUENTIAL SIMILAR DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS IN EXCESS OF PROFITS OR REVENUES, OR ANY COST COMPENSATORY DAMAGES OF LABOR, RESULTING FROM OR THE OTHER ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDERTRANSACTIONS CONTEMPLATED HEREBY (OTHER THAN ANY SUCH LIABILITY WITH RESPECT TO A THIRD-PARTY CLAIM). IN ADDITION, OR BREACH OF, NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, EVEN IF NO INDIVIDUAL WHO IS A SHAREHOLDER, DIRECTOR, EMPLOYEE, OFFICER, AGENT OR REPRESENTATIVE OF REMAINCO OR SPINCO, IN SUCH INDIVIDUAL’S CAPACITY AS SUCH, SHALL HAVE ANY LIABILITY IN RESPECT OF OR RELATING TO THE BUYER COVENANTS OR THE SELLER HAS BEEN ADVISED OBLIGATIONS OF THE POSSIBILITY OF SUCH DAMAGES. SAVE REMAINCO OR SPINCO, AS SPECIFIED APPLICABLE, UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREINAND, TO THE FULL FULLEST EXTENT PERMITTED BY LEGALLY PERMISSIBLE, EACH OF REMAINCO, FOR ITSELF AND THE REMAINCO ENTITIES, AND SPINCO FOR ITSELF AND THE SPINCO ENTITIES, AND IN EACH CASE, FOR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, EMPLOYEES AND OFFICERS, WAIVES AND AGREES NOT TO SEEK TO ASSERT OR ENFORCE ANY SUCH LIABILITY THAT ANY SUCH PERSON OTHERWISE MIGHT HAVE PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8.[Signature Page Follows]

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY WE AND OUR AFFILIATES AND LICENSORS WILL NOT BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGESCONSEQUENTIAL, OR ANY EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS OR PROFITS, REVENUES, OR ANY COST OF LABORCUSTOMERS, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDEROPPORTUNITIES, GOODWILL, USE, OR BREACH OF, THIS AGREEMENTDATA), EVEN IF THE BUYER OR THE SELLER A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE 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 SERVICES, INCLUDING AS SPECIFIED A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICES, OR, (III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SUBSCRIPTION SERVICES FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY 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 BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. AMOUNT YOU PAY US UNDER THIS AGREEMENT FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, SERVICE THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, GAVE RISE TO THE FULL CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE. THE LIMITATIONS IN THIS SECTION 11 APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8.

Limitations of Liability. UNDER NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, (A) THE MAXIMUM LIABILITY OF PROVIDER, ITS AFFILIATES, AND SUPPLIERS, FOR ANY DAMAG- ES FOR ANY AND ALL CAUSES WHATSOEVER, SHALL BE LIMITED TO THE FEES PAID TO PROVIDER DURING THE 6 MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM THAT GAVE RISE TO SUCH DAMAGES, AND (B) IN NO CIRCUMSTANCES SHALL EVENT WILL EITHER PARTY BE LIABLE WHETHER IN TO THE AGREEMENTOTHER PARTY (OR ANY PARTY CLAIMING THROUGH THE OTHER PARTY) FOR (I) LOST PROFITS, IN TORT LOSS OF GOODWILL OR REPUTATION, LOST REVENUES, LOST SAVINGS, LOST, CORRUPTED, OR DAMAGED DATA OR EQUIPMENT, COST OF COVER, LOSS OF BUSINESS OPPORTUNITY, OR (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, II) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL CONSE- QUENTIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LIKE DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH RELATING TO THIS AGREEMENT OR THE PRODUCT OR SELLER’S PERFORMANCE UNDERPROVIDER IP, SERVICES, OR BREACH OF, THIS AGREEMENT, EVEN IF DOCUMENTATION PROVID- ED HEREUNDER. THE BUYER OR THE SELLER HAS BEEN ADVISED DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE SHALL APPLY REGARDLESS OF THE POSSIBILITY FORM OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVERACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE NEGLIGENCE, PROD- UCT LIABILITY OR STRICT LIABILITY) ANY OTHER LEGAL OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOFEQUITABLE THEORY). FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, FOREGOING LIM- ITATIONS SHALL APPLY TO THE FULL MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EACH CASE REGARDLESS OF WHETHER THE SELLER’S LIABILITY IN CONNECTION WITH PARTY WAS ADVISED OF THE PRODUCT POSSIBILITY OF SUCH LOSSES OR THIS AGREEMENT EXCEED DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS FAILURE OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ANY AGREED OR OTHER REM- EDY OF ITS ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8PURPOSE.

Limitations of Liability. UNDER IN NO CIRCUMSTANCES SHALL EVENT EITHER PARTY BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT THESE TERMS UNDER ANY LEGAL OR SELLER’S PERFORMANCE UNDEREQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, LIQUIDATED, 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 OFOF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN IN EACH CASE REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. SAVE AS SPECIFIED IN NO EVENT WILL PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS UNDER THIS AGREEMENT THE BUYER’S RIGHT ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR NEGLIGENCE), STRICT LIABILITY) OR , AND OTHERWISE ARISING OUT OF OR EXCEED THE TOTAL AMOUNTS PAID TO PROVIDER UNDER THIS AGREEMENT IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, TWELVE MONTH PERIOD PRECEDING THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, EVENT GIVING RISE TO THE FULL EXTENT PERMITTED BY APPLICABLE LAWCLAIM OR CUSTOMER’S ACTUAL DAMAGES, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8WHICHEVER IS LESS.

Limitations of Liability. UNDER NOTWITHSTANDING ANYTHING TO THE CONTRARY EXPRESSED OR IMPLIED HEREIN: a. IN NO CIRCUMSTANCES EVENT SHALL EITHER PARTY TRUCE BE LIABLE TO CUSTOMER OR ANY OF CUSTOMER’S USERS, ADMINISTRATORS OR ANY OTHER EMPLOYEE, CONTRACTOR, AGENT OR OTHER PERSONNEL (THE “CUSTOMER PARTIES”) FOR ANY OF THE FOLLOWING, WHETHER IN TRUCE KNEW OR SHOULD HAVE KNOWN OF THE AGREEMENT, IN TORT POSSIBILITY OF SUCH DAMAGES: (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR 1) ANY INDIRECT, SPECIAL, INCIDENTAL CONSEQUENTIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, INCLUDING LOST PROFITS AND LOST SAVINGS; (2) ANY CLAIM ASSERTED BY ANY THIRD PARTY (EXCEPT FOR THIRD PARTY CLAIMS SUBJECT TO TRUCE’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 15); (3) TO THE EXTENT ALLOWED BY APPLICABLE LAW, ANY CLAIMS OR DAMAGES RESULTING FROM DEATH OF OR INJURY TO ANY OF THE CUSTOMER PARTIES OR ANY LOSS OF PROFITS OTHER PERSON OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ENTITY ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDERINSTALLATION, USE, IMPROPER USE, OR BREACH OFINABILITY TO USE THE TRUCE SYSTEM; AND, (4) ANY LEGAL FEES OR OTHER EXPENSES RELATED THERETO (EXCEPT IN CONNECTION WITH THIRD PARTY CLAIMS SUBJECT TO TRUCE’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 15). b. THE TOTAL LIABILITY OF TRUCE TO THE CUSTOMER PARTIES WILL BE LIMITED TO THE LESSER OF (i) CUSTOMER’S ACTUAL DIRECT DAMAGES, IF ANY OR (ii) THE CUMULATIVE PAYMENTS ACTUALLY RECEIVED BY TRUCE FROM CUSTOMER PURSUANT TO THIS AGREEMENT, AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE; PROVIDED THAT THE FOREGOING LIMITATION ON LIABILITY SHALL NOT APPLY TO TRUCE’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 15 BELOW. c. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY ARE AN ESSENTIAL CONDITION OF THE POSSIBILITY AGREEMENT. d. THE LIMITATIONS SET FORTH IN THIS SECTION 14 SHALL APPLY REGARDLESS OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT FORM, NATURE OR TYPE OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN CLAIM OR CAUSE OF ACTION ASSERTED BY ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVERCUSTOMER PARTY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF OTHERWISE, AND SHALL SURVIVE ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS TERMINATION OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE , REGARDLESS OF THE LIABILITY OF EITHER PARTY REASON FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8SUCH TERMINATION. e. Notwithstanding the foregoing, the parties acknowledge that, in some jurisdictions, applicable law does not allow the exclusion or limitation of incidental, consequential or special damages, the exclusion of implied warranties, or limitations on how long a given warranty may last, so some of the above limitations may not apply.

Limitations of Liability. EXCEPT AS EXPRESSLY CONTEMPLATED BY PROVISIONS OF THIS AGREEMENT, TO THE MAXIMUM EXTENT SUCH DAMAGES CAN BE EXCLUDED UNDER NO CIRCUMSTANCES APPLICABLE LAW, NEITHER BROADVOICE, ITS AFFILIATES OR ANY OTHER BROADVOICE PARTNERS, NOR ANY OF THEIR REPRESENTATIVES, SHALL EITHER PARTY BE LIABLE TO SUBSCRIBER OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR COVER DAMAGES, LOSS OF PROFITS, REVENUES OR GOODWILL, LOSS OR CORRUPTION OF DATA, BUSINESS INTERRUPTION, OR DELAY IN PERFORMANCE, WHETHER IN THE AGREEMENTFROM BREACH OR REPUDIATION OF CONTRACT, IN TORT (INCLUDING GROSS BREACH OF WARRANTY, NEGLIGENCE), UNDER ANY WARRANTY TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER AGREEMENT OR THE SELLER SERVICES PROVIDED THEREUNDER, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, EQUIPMENT, AND SOFTWARE SUPPLIED HEREUNDER ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY SOFTWARE OR EQUIPMENT PROVIDED BY BROADVOICE (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE OR EQUIPMENT). BROADVOICE (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS, AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, SOFTWARE, AND EQUIPMENT WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NONINFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY BROADVOICE OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF BROADVOICE TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED. BROADVOICE DOES NOT WARRANT AND IS NOT LIABLE OR RESPONSIBLE FOR ENSURING THAT VOIP SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF BROADVOICE HAS ACCEPTED YOUR ORDER FOR VOIP SERVICE. THE PROVISIONING OF VOIP SERVICE IS SUBJECT TO CIRCUIT AVAILABILITY AND OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR BROADVOICE SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY PROVIDED EQUIPMENT, PURSUANT TO THE BUYER’S RIGHT TERMS OF TERMINATIONTHIS AGREEMENT). BROADVOICE DOES NOT WARRANT AND IS NOT LIABLE OR RESPONSIBLE FOR ENSURING THAT THE SERVICE, LIQUIDATED DAMAGES SOFTWARE, OR EQUIPMENT PROVIDED BY BROADVOICE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH, OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED OR ERROR-FREE. BROAVOICE SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE BUYER’S SOLE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. BROADVOICE MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT, OR THE INTERNET. YOU EXPRESSLY ASSUME ALL RISK AND EXCLUSIVE REMEDY RESPONSIBILITY FOR DELAY USE OF THE SERVICE, THE SOFTWARE, THE EQUIPMENT, AND THE INTERNET GENERALLY. YOU AGREE NOT TO USE THE SERVICE, THE SOFTWARE, OR THE EQUIPMENT IN ANY PRODUCT DELIVERY HIGH-RISK ACTIVITIES WHERE DAMAGE OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVERINJURY TO PERSON, WHETHER IN CONTRACTPROPERTY, TORT (INCLUDING NEGLIGENCE ENVIRONMENT, OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOFBUSINESS MAY RESULT IF AN ERROR OCCURS. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BROADVOICE (OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS, OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF REVENUE, OR DAMAGE TO DATA ARISING OUT OF THE SELLER’S LIABILITY USE, PARTIAL USE, OR INABILITY TO USE THE SERVICE, THE SOFTWARE, OR THE EQUIPMENT,REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF BROADVOICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. ALL LIMITATIONS AND DISCLAIMERS STATED IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID SECTION 8 ALSO APPLY TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER BROADVOICE'S THIRD PARTY ACKNOWLEDGES LICENSORS, PROVIDERS, AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS SUPPLIERS AS THIRD-PARTY BENEFICIARIES OF THIS AGREEMENT. NOTHING ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH BROADVOICE (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), BROADVOICE'S THIRD PARTY LICENSORS, PROVIDERS, AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT SHALL LIMIT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR EXCLUDE THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. BROADVOICE RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE, THE SOFTWARE, OR THE EQUIPMENT, OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE)WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER OBLIGATIONS BROADVOICE (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS, OR SUPPLIERS ARE OTHERWISE SUBJECT TO PURSUANT TO THIS AGREEMENT OR SUBJECTING BROADVOICE (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS, OR SUPPLIERS TO ANY ADDITIONAL LIABILITIES OR OTHER OBLIGATIONS, OR (B) INCREASING ANY OF THE RIGHTS YOU ARE OTHERWISE ENTITLED TO PURSUANT TO THIS AGREEMENT OR PROVIDING YOU WITH ANY ADDITIONAL RIGHTS, THE MAXIMUM AGGREGATE LIABILITY OF EITHER BROADVOICE (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR DAMAGES HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID TO BROADVOICE FOR FRAUDULENT MISREPRESENTATION. 8SERVICE.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE WHETHER IN THE AGREEMENTEXCEPT FOR INDEMNIFICATION OBLIGATIONS HEREUNDER, IN TORT (INCLUDING GROSS NEGLIGENCE)CUSTOMER’S FAILURE TO PAY FEES HEREUNDER, UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR VIOLATION ARISING OUT OF SECTION 1 (SERVICE ACCESS & USE), AND/OR IN CONNECTION WITH ANY INFRINGEMENT OR VIOLATION OF THE PRODUCT TERMS OR SELLERMAPBOX’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREININTELLECTUAL PROPERTY RIGHTS, TO THE FULL MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WILL: (A) EITHER PARTY (AND/OR MAPBOX LICENSORS/SUPPLIERS) BE LIABLE TO THE SELLER’S LIABILITY OTHER PARTY UNDER OR IN CONNECTION WITH THIS AGREEMENT (UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING 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 PRODUCT POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND (B) EACH PARTY’S AGGREGATE, CUMULATIVE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE PRICE TOTAL FEES PAID OR PAYABLE TO MAPBOX FOR THE RELEVANT SERVICE OFFERING DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRIOR TO THE SELLER BY EVENT GIVING RISE TO SUCH LIABILITY. THE BUYER FOR FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE. MULTIPLE CLAIMS WILL NOT EXPAND THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING SPECIFIED IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8SECTION.

Limitations of Liability. UNDER IN NO CIRCUMSTANCES SHALL EITHER PARTY EVENT WILL HTC OR ANY HTC SUPPLIER OR LICENSOR BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL CONSEQUENTIAL, PUNITIVE OR CONSEQUENTIAL EXEMPLARY DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS PROFITS, GOODWILL, ANTICIPATED SAVINGS, LOSS OR REVENUES, CORRUPTION OF DATA OR ANY COST OF LABOR, RESULTING FROM OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH ANY WAY RELATED TO THIS AGREEMENT OR THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENTENTERPRISE SOLUTION, EVEN IF THE BUYER OR THE SELLER A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED THE AGGREGATE LIABILITY OF HTC AND ITS SUPPLIERS AND LICENSORS UNDER THIS AGREEMENT WILL BE LIMITED TO THE BUYER’S RIGHT AMOUNT YOU PAID FOR YOUR AFFECTED VIVE DEVICE. THE ENTERPRISE SOLUTION WAS DESIGNED FOR SYSTEMS THAT DO NOT REQUIRE FAIL- SAFE PERFORMANCE. HTC IS NOT LIABLE FOR USE OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY ENTERPRISE SOLUTION IN ANY PRODUCT DELIVERY DEVICE OR PART THEREOF AND SYSTEM IN WHICH A MALFUNCTION OF THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER ENTERPRISE SOLUTION WOULD RESULT IN CONTRACT, TORT (INCLUDING NEGLIGENCE FORESEEABLE RISK OF INJURY OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF DEATH TO ANY PRODUCT DELIVERY OR PART THEREOFPERSON. FOR UNLESS THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED FOLLOWING LIMITATION IS PROHIBITED BY APPLICABLE LAW, IN YOU AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU WILL NO EVENT SHALL LONGER HAVE THE SELLER’S LIABILITY IN CONNECTION WITH RIGHT TO ASSERT SUCH CLAIM REGARDING THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8DISPUTE).

Limitations of Liability. UNDER 12.1 Disclaimer. EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, DEDRONE MAKES NO CIRCUMSTANCES WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING OR RELATING TO ANY PRODUCT OR THIRD-PARTY HARDWARE, OR ANY MATERIAL OR SERVICE FURNISHED OR PROVIDED TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT, INCLUDING UPDATES OR SUPPORT. WITHOUT LIMITING THE FOREGOING, DEDRONE HEREBY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR TITLE. DEDRONE DOES NOT WARRANT THAT ANY PRODUCT WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS, THAT USE OF ANY PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECT WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, DEDRONE DOES NOT GUARANTEE ANY RESULT OF ANY PRODUCT, AND IN NO EVENT SHALL EITHER PARTY DEDRONE BE LIABLE WHETHER TO CUSTOMER FOR CUSTOMER’S RELIANCE ON USE OF ANY PRODUCT OR APPLICATION OF ANY DATA ARISING FROM USE OF ANY PRODUCT. WITHOUT LIMITING THE FOREGOING, CUSTOMER ACKNOWLEDGES THAT PRODUCTS ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE IN WHICH THE AGREEMENTFAILURE OF SUCH PRODUCT COULD LEAD DIRECTLY TO DEATH, IN TORT PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE OR ENVIRONMENTAL DAMAGE (INCLUDING COLLECTIVELY, “HIGH RISK ACTIVITIES”). DEDRONE EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED GUARANTEE OF FITNESS FOR SUCH HIGH RISK ACTIVITIES. 12.2 Limitation of Liability. EACH PARTY HERETO AGREES THAT WITH THE EXCEPTION OF THE INDEMNIFICATION OBLIGATIONS UNDER SECTION 11, THE CONFIDENTIALITY OBLIGATIONS UNDER SECTION 8, AND ABSENT GROSS NEGLIGENCENEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE OTHER PARTY (COLLECTIVELY, “EXCLUDED CLAIMS”), UNDER NEITHER THE OTHER PARTY NOR ITS AFFILIATES NOR THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES OF ANY WARRANTY OR OTHERWISE, OF THEM WILL BE LIABLE TO SUCH PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, INCIDENTAL EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, WHETHER FORESEEABLE OR ANY LOSS OF PROFITS OR REVENUESUNFORESEEABLE, OR ANY COST OF LABOR, RESULTING FROM OR ARISING THAT MAY ARISE OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER OTHER PARTY HAS BEEN ADVISED NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE OR COSTS OCCURRING AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER WHETHER SUCH LIABILITY WHATSOEVER, WHETHER IN IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE OR TORT, NEGLIGENCE, STRICT LIABILITY) , PRODUCTS LIABILITY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8OTHERWISE.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE WHETHER IN THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE)TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGESCAUSE OF ACTION, OR ANY LOSS OF PROFITS OR REVENUESCONTRACT, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACTSTRICT LIABILITY, TORT (INCLUDING NEGLIGENCE NEGLIGENCE), OR STRICT LIABILITYOTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE (I) ANY ECONOMIC LOSS (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR OTHERWISE ARISING ANTICIPATED SAVINGS); (II) TO THE EXTENT ALLOWED BY APPLICABLE LAW, ANY LOSS OR DAMAGE RESULTING FROM DEATH OR INJURY OF SUBSCRIBER AND/OR ANY RELYING PARTY OR ANYONE ELSE; (III) ANY LOSS OF GOODWILL OR REPUTATION; OR (IV) ANY OTHER INDIRECT, CONSEQUENTIAL, INCIDENTAL, MULTIPLE, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES IN ANY CASE WHETHER OR NOT SUCH LOSSES OR DAMAGES WERE WITHIN THE CONTEMPLATION OF THE PARTIES AT THE TIME OF THE APPLICATION FOR, INSTALLATION OF, USE OF OR RELIANCE ON THE CERTIFICATE, OR AROSE OUT OF ANY OTHER MATTER OR IN CONNECTION SERVICES (INCLUDING, WITHOUT LIMITATION, ANY SUPPORT SERVICES) UNDER OUR CPS OR WITH DELAY REGARD TO THE USE OF ANY PRODUCT DELIVERY OR PART THEREOFRELIANCE ON THE CERTIFICATE. FOR BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE AVOIDANCE EXCLUSION OR LIMITATION OF DOUBTINCIDENTAL OR CONSEQUENTIAL DAMAGES, THE BUYER ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY SEEK NOT APPLY TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, A SUBSCRIBER AND/OR A RELYING PARTY BUT SHALL BE GIVEN EFFECT TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY ON A CERTIFICATE-BY- CERTIFICATE BASIS, IN NO EVENT REGARDLESS OF THE NUMBER OF TRANSACTIONS OR CLAIMS RELATED TO EACH CERTIFICATE, AND SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID BE APPORTIONED FIRST TO THE SELLER BY THE BUYER FOR THE PRODUCTEARLIER CLAIMS TO ACHIEVE FINAL RESOLUTION. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8.In no event will Trend Micro be liable for any damages to Subscribers, Relying Parties or any other party arising out of or related to the use or misuse of, or reliance on any Certificate issued under this Agreement or the CPS that: (i) has expired or been revoked; (ii) has been used for any purpose other than as set forth in this Agreement or the CPS; (iii) has been tampered with;

Limitations of Liability. UNDER IN NO CIRCUMSTANCES EVENT SHALL EITHER PARTY BE LIABLE WHETHER IN THE AGREEMENTFOR LOST PROFITS OR BUSINESS, IN TORT LOSS OF GOODWILL, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR FOR ANY EXEMPLARY, PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING GROSS NEGLIGENCEINCLUDING, WITHOUT LIMITATION, CLAIMS RELATED TO DIAGNOSTIC ACCURACY AND/OR MEDICAL MALPRACTICE), REGARDLESS OF WHETHER SUCH DAMAGES ARISE UNDER ANY WARRANTY THEORY OF TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS AND REGARDLESS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN WHETHER SUCH PARTY IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT EXCEPTING INSTANCES OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY GROSS NEGLIGENCE OR PART THEREOF WILLFUL MISCONDUCT AND THE SELLER SHALL HAVE NO FURTHER SPECIFIC OBLIGATIONS OF EFL UNDER SECTION 6.1, THE CUSTOMER ACKNOWLEDGES AGGREGATE LIABILITY WHATSOEVEROF IMPACT APPLICATIONS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE INC. TO THE EFL FOR ANY AND ALL CLAIMS ARISING OUT OF UNDER OR IN CONNECTION WITH DELAY THIS AGREEMENT OR ITS SUBJECT MATTER SHALL NOT EXCEED THE FEES PAID BY EFL TO IMPACT APPLICATIONS, INC., DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH ANY SUCH CLAIM FIRST ARISES. NOTWITHSTANDING ANY OTHER PROVISION OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBTTHIS AGREEMENT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY LIABILITY ON THE EXCLUSIVE REMEDIES AND LIMITATIONS PART OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR THE EFL TO THE CUSTOMER (INCLUDING UNDER ANY LIMITATION OF LIABILITY ABOVE IN THIS SECTION 6.3 OR ANY INDEMNITY OR OTHERWISE) WILL BE FURTHER LIMITED SUCH THAT THE CUSTOMER SHALL ONLY BE ENTITLED TO RECEIVE A PRO-RATA AMOUNT OF ANY SUMS THE EFL ACTUALY RECOVERS FROM IMPACT APPLICATIONS, AS ANY AMOUNT RECOVERED FROM IMPACT APPLICATIONS SHALL BE APPORTIONED BY THE EFL ON A PRO-RATA BASIS BETWEEN ALL THOSE CUSTOMERS WHICH ARE MEMBER CLUBS OF THE EFL AND ARE ESSENTIAL TERMS AFFECTED BY THE EVENT GIVING RISE TO LIABILITY. THE EFL SHALL MAKE SUCH PRO-RATA PAYMENT TO THE CUSTOMER WITHIN 30 DAYS OF THIS AGREEMENTRECEIPT OF AGGREGATE MONIES FROM IMPACT APPLICATIONS. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE SUCH PRO-RATA PAYMENT BEING THE CUSTOMER’S SOLE REMEDY FOR THE EVENT(S) GIVING RISE TO THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8HEREUNDER.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, a. IN NO EVENT SHALL THE SELLER BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM SELLER’S PERFORMANCE ORF AILURE TO PERFORM PURSUANT TO ANY CONTRACT FOR THE SALE OF ANY PRODUCTS, OR THE FURNISHING, PERFORMANCE OR USE OF ANY PRODUCT SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OF SELLER, STRICT LIABILITY OR OTHERWISE. THE MAXIMUM LIABILITY, IF ANY, OF SELLER FOR ALL DIRECT DAMAGES TO ANYONE, IN CONNECTION WITH THE PRODUCT CONTRACT OR THIS AGREEMENT EXCEED THE PRICE PAID IN TORT, IS LIMITED TO THE SELLER BY LESSER OF THE BUYER FOR FOLLOWING: (i) THE AMOUNT OF ACTUAL DAMAGES WHICH ARE PROVEN; OR (ii) THE PURCHASE PRICE OF THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THE RIGHT TO RECOVER DAMAGES WITHIN THE LIMITATION SPECIFIED IS BUYER'S EXCLUSIVE REMEDY. b. IN NO EVENT SHALL SELLER BE LIABLE FOR DELAY, FAILURE IN PERFORMANCE, LOSS OR DAMAGE DUE TO ANY FORCE MAJEURE CONDITION INCLUDING, BUT NOT LIMITED TO, 07/24 / V1 LASER COMPONENTS USA, Inc. 000 X. Xxxxx Xxxx, Xxxx X / Xxxxxxx, XX 00000 +0 000 000 0000 / xxxx@xxxxx-xxxxxxxxxx.xxx FIRE, STRIKE, EMBARGO, EXPLOSION, POWER BLACK OUT, EARTHQUAKE, VOLCANIC ACTION, FLOOD, WAR, WATER, THE ELEMENTS, LABOR DISPUTES, CIVIL OR MILITARY AUTHORITY, ACTS OF GOD, PUBLIC ENEMY, INABILITY TO SECURE RAW MATERIALS, INABILITY TO SECURE PRODUCTS, INABILITY TO SECURE FUEL, TRANSPORTATION FACILITIES, ACTS OR OMISSIONS OF CARRIERS, PANDEMICS, EPIDEMICS, OR OUTBREAKS, OR OTHER CAUSES BEYOND SELLER'S REASONABLE CONTROL. SELLER SHALL USE DILIGENT EFFORTS TO END THE FAILURE OR DELAY AND/OR MINIMIZE THE EFFECTS OF SUCH FORCE MAJEURE EVENT. SELLER SHALL RESUME THE PERFORMANCE OF ITS OBLIGATIONS AS SOON AS REASONABLY PRACTICABLE AFTER THE REMOVAL OF THE CAUSE. IN THE EVENT THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS SELLER’S FAILURE OR DELAY REMAINS UNCURED FOR A PERIOD OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIRTY (30) CONSECUTIVE DAYS FOLLOWING WRITTEN NOTICE GIVEN BY IT UNDER SECTION 20, BUYER MAY THEREAFTER TERMINATE THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8.UPON THIRTY

Limitations of Liability. UNDER THE CONTENTS OF THE XXXXXX.XXX WEBSITE, AND THE EQUIPMENT LESSOR DELIVERS ARE PROVIDED “AS IS.” LESSOR MAKES NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND ABOUT EQUIPMENT’S ACCURACY OR FUNCTIONALITY. LESSOR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISECONTENT OF THE XXXXXXX.XXX WEBSITE, FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE XXXXXXX.XXX WEBSITE, FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE XXXXXXX.XXX WEBSITE, OR FOR ANY CONDUCT BY USERS OF THE XXXXXXX.XXX WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY LAW, LESSOR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE EQUIPMENT LESSOR DELIVERS, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN ADDITION, LESSOR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE XXXXXXX.XXX WEBSITE IS ACCURATE, COMPLETE, OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. IN NO EVENT SHALL XXXXXXX.XXX BE LIABLE TO LESSEE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGESOF ANY KIND, OR ANY DAMAGES RESULTING FROM LOSS OF PROFITS OR REVENUESUSE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY COST THEORY OF LABORLIABILITY, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT USE OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OF ANY EQUIPMENT OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESINFORMATION ON LESSOR’S WEBSITE. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATIONWHILE LESSOR WILL MAKE A REASONABLE EFFORT TO RETURN ANY NON-LESSOR PROPERTY IT RECEIVES, LIQUIDATED DAMAGES SHALL LESSOR WILL NOT BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY LIABLE FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT LOSSES OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK DAMAGE TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8SUCH PROPERTY.

Limitations of Liability. UNDER NO CIRCUMSTANCES a. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN SECTION 6 (e), CARRIER SHALL EITHER PARTY NOT BE LIABLE WHETHER IN THE AGREEMENTFOR INJURY, IN TORT (INCLUDING GROSS NEGLIGENCE)DEATH, UNDER ANY WARRANTY ILLNESS, DAMAGE, DELAY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OTHER LOSS TO PERSON OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGESPROPERTY, OR ANY LOSS OTHER CLAIM BY ANY PASSENGER CAUSED BY ACT OF PROFITS GOD, WAR, TERRORISM, CIVIL COMMOTION, LABOR TROUBLE, GOVERNMENT INTERFERENCE, PERILS OF THE SEA, FIRE, THEFTS OR REVENUESANY OTHER CAUSE BEYOND CARRIER'S REASONABLE CONTROL, OR ANY COST ACT NOT SHOWN TO BE CAUSED BY CARRIER'S NEGLIGENCE. b. PASSENGER AGREES TO SOLELY ASSUME THE RISK OF LABORINJURY, RESULTING FROM DEATH, ILLNESS OR ARISING OUT OTHER LOSS, AND CARRIER IS NOT RESPONSIBLE FOR PASSENGER'S USE OF ANY ATHLETIC OR IN CONNECTION WITH RECREATIONAL EQUIPMENT; OR FOR THE PRODUCT NEGLIGENCE OR SELLER’S PERFORMANCE UNDERWRONGDOING 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 BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY SHORE EXCURSION, TOUR OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, ACTIVITY. x. XXXXXXX HEREBY DISCLAIMS ALL LIABILITY TO THE FULL EXTENT PERMITTED 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 PHYSICAL INJURY TO THE PASSENGER, NOR THE RESULT OF PASSENGER HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY, NOR WERE INTENTIONALLY INFLICTED BY APPLICABLE LAWTHE CARRIER. 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 BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS, IMMUNITIES AND RIGHTS APPLICABLE TO IT UNDER THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID “ATHENS CONVENTION RELATING TO THE SELLER CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA” OF 1974, AS WELL AS THE BUYER FOR “PROTOCOL TO THE PRODUCTATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA” OF 1976 (“ATHENS CONVENTION”). EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE ATHENS CONVENTION LIMITS THE CARRIER'S LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING 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 ITS NEGLIGENCE 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 FRAUDULENT MISREPRESENTATIONDEATH 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. 8FOR 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 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 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 THIS REGULATION INCLUDE: SHIPWRECK, CAPSIZING, COLLISION OR STRANDING OF THE SHIP, EXPLOSION OR FIRE IN THE SHIP OR DEFECT IN THE SHIP BUT DOES INCLUDING ACTS OF WAR, HOSTILITIES, CIVIL WAR, INSURRECTION, NATURAL DISASTERS OR INTENTIONAL 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, ALL THE RESTRICTIONS, EXEMPTIONS FROM, AND LIMITATIONS OF LIABILITY PROVIDED IN, OR AUTHORIZED BY THE LAWS OF THE UNITED STATES SHALL APPLY, INCLUDING BUT NOT LIMITED TO, TITLE 46 OF THE UNITED STATES CODE §§ 30501 THROUGH 30509, AND 30511. EXCEPT AS OTHERWISE SET FORTH, THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE GENERAL MARITIME LAW OF THE UNITED STATES OF AMERICA.

Limitations of Liability. UNDER NO CIRCUMSTANCES EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, DIGICERT SHALL EITHER PARTY NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, WHETHER IN THE AGREEMENTCONTRACT (INCLUDING UNDER ANY INDEMNITY OR WARRANTY), IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER STATUTE OR OTHERWISE FOR ANY WARRANTY LOSS OR DAMAGES INCURRED BY YOU OR ANY OTHER PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, 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 CONSEQUENTIAL. YOU AGREE THAT OUR ENTIRE MAXIMUM LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY DIGICERT SERVICE(S) AND/OR THIS AGREEMENT AND/OR YOUR RELIANCE ON ANY CERTIFICATE OR SITE SEAL IS SOLELY LIMITED TO ANY PAYMENT, IF ANY, MADE TO YOU UNDER THE DIGICERT IDENTITY WARRANTY ASSOCIATED WITH THE CERTIFICATE OR SITE SEAL UPON WHICH YOU HAVE RELIED IN ACCORDANCE WITH THIS AGREEMENT. IN NO EVENT SHALL DIGICERT, ITS LICENSORS AND CONTRACTORS BE LIABLE FOR ANY INDIRECT, SPECIALINCIDENTAL, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER DIGICERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED SET FORTH HEREIN, DIGICERT'S LIABILITY IS LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, LAW IN NO EVENT SUCH STATE. DIGICERT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED BY YOU DUE TO THE SELLER SUBSCRIBER’S BREACH OF THE SUBSCRIBER AGREEMENT. YOU ARE HEREBY NOTIFIED OF THE POSSIBILITY OF THEFT OR OTHER FORM OF COMPROMISE OF A PRIVATE KEY CORRESPONDING TO A PUBLIC KEY CONTAINED IN A CERTIFICATE, WHICH MAY OR MAY NOT BE DETECTED. DIGICERT SHALL NOT BE LIABLE TO YOU 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 USE, OR ANY OTHER COMPROMISE OF ANY PRIVATE KEY USED BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8SUBSCRIBER.

Limitations of Liability. UNDER NO CIRCUMSTANCES 9.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL EITHER PARTY BE LIABLE WHETHER IN THE AGREEMENTUNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, INDEMNIFICATION, STRICT LIABILITY IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER OR WARRANTY OF ANY WARRANTY OR OTHERWISE, KIND) FOR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, PUNITIVE, MULTIPLE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES(INCLUDING BUT NOT LIMITED TO COSTS OF COVER, OR ANY LOST PROFITS, LOST DATA, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF PROFITS DUE TO PRODUCTS (INCLUDING INSTRUMENTS) DOWN TIME OR REVENUESLOSS OF REVENUE) THAT THE OTHER PARTY MIGHT INCUR UNDER THE AGREEMENT, OR ANY COST OF LABOR, RESULTING THAT MAY ARISE FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, PRODUCTS EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED SUCH PARTY HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED THE TOTAL CUMULATIVE LIABILITY OF CODEX DNA IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ANY PRODUCTS SOLD AND/OR ANY SERVICES RENDERED HEREUNDER, THE LIABILITY OF CODEX DNA UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATIONITS INDEMNIFICATION OBLIGATIONS, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER A BREACH BY CODEX DNA HEREOF OR FAILURE TO PERFORM IN CONTRACT, TORT (INCLUDING NEGLIGENCE TORT, WARRANTY, OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OTHERWISE, WILL NOT EXCEED THE AMOUNT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FEES CUSTOMER ACTUALLY PAID TO CODEX DNA FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, SPECIFIC PRODUCT OR SERVICE THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, GAVE RISE TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLAIM(S). THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY CUSTOMER ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND THESE LIMITATIONS OF LIABILITIES LIABILITY REFLECT THE ALLOCATION OF RISK SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT AND THAT CODEX DNA WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. DELIVERY DATES AND TIMES ARE ESTIMATES ONLY AND CODEX DNA WILL NOT BE LIABLE (IN CONTRACT, DELICT, TORT OR EXCLUDE THE LIABILITY OF EITHER PARTY OTHERWISE) FOR DEATH ANY LOSSES, EXPENSES, CLAIMS OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8DAMAGES CAUSED BY A LATE DELIVERY.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE WHETHER IN TO THE AGREEMENTEXTENT PERMITTED BY LAW, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR NEITHER PARTY’S TOTAL AND AGGREGATED LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, RELATED TO THIS AGREEMENT, EVEN IF THE BUYER AGREEMENT OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, SERVICES PROVIDED HEREUNDER WHETHER IN BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITYNEGLIGENCE) OR OTHERWISE ARISING OUT OF ANY OTHER LEGAL OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY EQUITABLE THEORY, SHALL EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR DUE FROM CUSTOMER UNDER THIS AGREEMENT EXCEED IN THE PRICE PAID TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF SUCH LIABILITY UNDER THIS AGREEMENT. NOTHING THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT. THE FOREGOING SHALL NOT LIMIT CUSTOMER’S OBLIGATION TO PAY FEES LEGALLY OWED UNDER THIS AGREEMENT. HAFTUNGSBESCHRÄNKUNGEN. SOWEIT RECHTLICH ZULÄSSIG IST DIE JEWEILIGE GESAMTHAFTUNG BEIDER PARTEIN AUS ODER IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATIONZUSAMMENHANG MIT DIESEM VERTRAG ODER DEN GEMÄSS DIESEM VERTRAG ERBRACHTEN DIENSTLEISTUNGEN, OB VERTRAGLICH, DELIKTISCH (EINSCHLIESSLICH FAHRLÄSSIGKEIT) ODER AUFGRUND EINES ANDEREN RECHTLICHEN KONZEPTS, AUF DIE BETRÄGE BESCHRÄNKT, DIE VOM KUNDEN IN DEN ZWÖLF (12) MONATEN, DIE DEM HAFTUNGSAUSLÖSENDEN EREIGNIS GEMÄSS DIESEM VERTRAG UNMITTELBAR VORAUSGINGEN, GEMÄSS DIESEM VERTRAG TATSÄCHLICH GEZAHLT UND/ODER GESCHULDET WURDEN. 8DAS VORLIEGEN MEHRERER ANSPRÜCHE ERWEITERT DIESE BESCHRÄNKUNG NICHT. VORSTEHENDE BESTIMMUNG BESCHRÄNKT NICHT DIE VERPFLICHTUNG DES KUNDEN ZUR ZAHLUNG VON GEBÜHREN, DIE ER GEMÄSS DIESEM VERTRAG RECHTMÄSSIG SCHULDET.

Limitations of Liability. UNDER NO CIRCUMSTANCES CLIENT AGREES THAT GIA AND ITS EMPLOYEES AND AGENTS SHALL EITHER PARTY NOT BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIALCONSEQUENTIAL, INCIDENTAL INCIDENTAL, EXEMPLARY, PUNITIvE, STATUTORY, OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR SPECIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUESINCLUDING WITHOUT LIMITATION LOST PROFITS, OR ANY COST OF LABOR, RESULTING FROM WITH RESPECT TO OR ARISING OUT OF UNDER OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, RELATED TO THIS AGREEMENT, EVEN THE SERvICES OR A REPORT, EvEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED ADvISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED EXCEPT FOR GIA’S OBLIGATION TO PAY CLIENT THE INSURANCE PROCEEDS REFERENCED ABOvE, IN NO EvENT SHALL THE TOTAL, CUMULATIvE LIABILITY OF GIA EXCEED THE PRICE OF THE SERvICES PROvIDED BY GIA UNDER THIS AGREEMENT TO CLIENT FOR WHICH LIABILITY ARISES. THE BUYER’S RIGHT LIMITATIONS ON LIABILITY IN THIS AGREEMENT (i) SHALL APPLY TO ANY CLAIMS AND CAUSES OF TERMINATIONACTION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN UNDER ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVERTHEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE WITHOUT LIMITATION NEGLIGENCE), INDEMNITY, OR STRICT LIABILITYOTHERWISE; AND (ii) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK SHALL BE DEEMED TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, APPLY TO THE FULL MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH IN THIS AGREEMENT. CLIENT AGREES THAT GIX XS NOT OBLIGATED TO DEFEND, IN NO EVENT SHALL THE SELLER’S LIABILITY INDEMNIFY, OR HOLD CLIENT HARMLESS IN CONNECTION WITH ANY THIRD PARTY CLAIMS, SUITS, OR ACTIONS BROUGHT AGAINST CLIENT, INCLUDING WITHOUT LIMITATION CLAIMS BROUGHT BY ANY ARTICLE OWNER, PURCHASER, OR DOWNSTREAM PURCHASER. THE PRODUCT OR THIS AGREEMENT EXCEED PARTIES HAvE FULLY CONSIDERED THE PRICE PAID TO FOREGOING ALLOCATION OF RISK AND THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT AND FIND SUCH ALLOCATION AND REMEDIES TO BE REASONABLE, AND AGREE THAT THE FOREGOING LIMITATION AND THE OTHER LIMITATIONS IN THIS AGREEMENT ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THIS SECTION SHALL NOT OPERATE IN SUCH A WAY AS TO LIMIT GIA’S LIABILITY FOR GIA’S ACTS OR EXCLUDE THE OMISSIONS FOR WHICH LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8MAY NOT BE LIMITED UNDER APPLICABLE LAW.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER (a) IF ANY PARTY IS HELD OR FOUND TO BE LIABLE WHETHER IN THE TO ANY OTHER PARTY FOR ANY MATTER RELATING TO OR ARISING FROM ANY BREACH OF THIS LICENSE AGREEMENT, WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, NEGLIGENCE, TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, THE AMOUNT RECOVERABLE FROM THE BREACHING PARTY WILL NOT EXCEED $200,000 FOR EACH INCIDENT OR SERIES OF RELATED INCIDENTS GIVING RISE TO SUCH LIABILITY, PROVIDED THAT THIS SECTION 16.4(a) SHALL NOT APPLY TO ANY CLAIM FOR PAYMENT OF ROYALTIES UNDER SECTION 8 OR ANY CLAIM ARISING FROM A BREACH OF A REPRESENTATION OR WARRANTY BY CL, XXXXX, OR LINK RELATING TO CL’S TITLE TO, OR ABILITY TO LICENSE TO FRANKLINCOVEY, THE LICENSED MATERIALS. (b) IF ANY OF CL, XXXXX OR LINK IS HELD OR FOUND TO BE LIABLE TO ANY OTHER PARTY FOR ANY INDIRECTMATTER RELATING TO OR ARISING FROM ANY BREACH OF A REPRESENTATION OR WARRANTY BY ANY OF CL, SPECIAL, INCIDENTAL XXXXX OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGESLINK RELATING TO CL’S TITLE TO, OR ANY LOSS ABILITY TO LICENSE TO FRANKLINCOVEY, THE LICENSED MATERIALS, THE AMOUNT RECOVERABLE FROM THE BREACHING PARTY WILL NOT EXCEED THE CAP AMOUNT FOR EACH INCIDENT OR SERIES OF PROFITS OR REVENUESRELATED INCIDENTS GIVING RISE TO SUCH LIABILITY. AS USED IN THIS PARAGRAPH 16.4(b), OR ANY COST “THE CAP AMOUNT” SHALL MEAN THE AGGREGATE OF LABOR, RESULTING FROM OR ARISING OUT THE AMOUNTS (1) PAID BY THE BUYER TO THE SELLER UNDER SECTION 2.3(a) OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS PURCHASE AGREEMENT, EVEN IF (2) THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE EARNOUT PAID TO THE SELLER UNDER SECTION 2.8 OF THE PURCHASE 15 AGREEMENT, AND (3) THE DIRECT COSTS AND DAMAGES INCURRED BY FRANKLINCOVEY IN CONNECTION WITH SUCH BREACH OF REPRESENTATION OR WARRANTY BY CL, XXXXX OR LINK RELATING TO CL’S TITLE TO, OR ABILITY TO LICENSE THE BUYER FOR THE PRODUCTLICENSED MATERIALS TO XXXXXXXX XXXXX. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT17. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8Term; Termination.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECTLOST PROFITS, GOODWILL, OR REVENUES OR FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY INDIRECT, COVER, BUSINESS INTERRUPTION, OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR DAMAGES IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDERANY CLAIM OF ANY NATURE, WHETHER IN CONTRACT, TORT, OR BREACH OFUNDER ANY THEORY OF LIABILITY, ARISING UNDER THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER A PARTY HAS BEEN ADVISED OF THE POSSIBILITY GIVEN ADVANCE NOTICE OF SUCH DAMAGESPOSSIBLE DAMAGES OR IF A PARTY’S REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. SAVE AS SPECIFIED TO THE EXTENT PERMITTED BY LAW, EACH PARTY’S ENTIRE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE BUYER’S RIGHT FEES PAID BY CUSTOMER TO DISPATCH UNDER THIS AGREEMENT FOR THE SERVICES GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE ON WHICH THE LIABILITY AROSE. THE EXISTENCE OF TERMINATION, LIQUIDATED MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. THE FOREGOING EXCLUSIONS AND LIABILITY LIMITS IN THIS SECTION 11 SHALL NOT APPLY TO DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT RESULTING FROM CLAIMS OR OBLIGATIONS ARISING UNDER SECTIONS 2.2 (INCLUDING NEGLIGENCE OR STRICT LIABILITYRESTRICTIONS) OR OTHERWISE ARISING OUT 10 (INDEMNIFICATION), INFRINGEMENT OR MISAPPROPRIATION BY A PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY CUSTOMER’S OBLIGATION TO PAY FOR SERVICES OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES TAXES UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE WHETHER NOTWITHSTANDING ANY OTHER PROVISION HEREIN OR IN THE AGREEMENTNOTES TO THE CONTRARY, IN TORT ALL AMOUNTS PAYABLE BY THE LESSOR UNDER THE NOTES AND THIS INDENTURE SHALL BE MADE ONLY FROM THE INCOME AND PROCEEDS OF THE INDENTURE ESTATE AND EACH PURCHASER AND THE SUCCESSORS OR ASSIGNS OF SAID PERSONS, BY ITS ACCEPTANCE OF ITS NOTE, AGREES THAT (INCLUDING GROSS NEGLIGENCE)A) IT WILL LOOK SOLELY TO THE INCOME AND PROCEEDS OF THE INDENTURE ESTATE FOR THE PAYMENT OF SUCH AMOUNTS, UNDER TO THE EXTENT AVAILABLE FOR DISTRIBUTION TO IT AS HEREIN PROVIDED, AND (B) THE LESSOR IS NOT AND SHALL NOT BE PERSONALLY LIABLE TO ANY WARRANTY PURCHASER NOR THE SUCCESSORS OR OTHERWISE, ASSIGNS OF SAID PERSONS FOR ANY INDIRECT, SPECIAL, INCIDENTAL AMOUNT PAYABLE UNDER SUCH NOTE OR CONSEQUENTIAL DAMAGES THIS INDENTURE OR FOR EXEMPLARY ANY LIABILITY THEREUNDER OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENTHEREUNDER; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING NOTHING CONTAINED HEREININ THIS SECTION 13.8 SHALL LIMIT, RESTRICT OR IMPAIR THE RIGHTS OF THE INDENTURE TRUSTEE TO ACCELERATE THE MATURITY OF THE NOTES UPON AN INDENTURE EVENT OF DEFAULT, TO BRING SUIT AND OBTAIN A JUDGMENT AGAINST THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LESSOR ON THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID NOTES (SUCH JUDGMENT TO BE LIMITED TO THE SELLER BY LESSOR'S INTEREST IN THE BUYER FOR PROPERTY AND THE PRODUCT. EITHER PARTY ACKNOWLEDGES COLLATERAL) OR TO EXERCISE ALL RIGHTS AND AGREES THAT REMEDIES PROVIDED UNDER THIS INDENTURE OR OTHERWISE REALIZE UPON THE EXCLUSIVE REMEDIES PROPERTIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENTTHE OTHER COLLATERAL SECURING THE NOTES. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE SECTION 13.8SHALL RELEASE THE LESSOR FROM LIABILITY OF EITHER PARTY HEREUNDER FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS OWN GROSS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8WILFULL MISCONDUCT.

Limitations of Liability. UNDER EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN ARTICLE VI ABOVE, HEALTHAXIS GRANTS NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY LICENSED SOFTWARE OR SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE STATED EXPRESS WARRANTIES ARE IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY LIEU OF ALL LIABILITIES OR OTHERWISE, OBLIGATIONS OF HEALTHAXIS FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDERDELIVERY, USE, OR BREACH OFPERFORMANCE OF THE LICENSED SOFTWARE. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF USE OR DATA, OR INTERRUPTION OF BUSINESS SUFFERED OR INCURRED BY THE OTHER OR ANY OTHER PARTY, WHETHER SUCH DAMAGES ARE LABELED IN TORT, CONTRACT, OR INDEMNITY. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, EVEN IF IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL EITHER PARTY BE LIABLE OR OBLIGATED TO THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER OTHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT FOR ANY AMOUNT IN EXCESS OF THE AMOUNT OF THE ACTUAL PAYMENTS MADE BY UICI TO HEALTHAXIS DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PROCEEDING THE EVENT OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBTOCCURENCE GIVING RISE TO SUCH LIABILITY, THE BUYER MAY SEEK EACH PARTY'S MAXIMUM LIABILITY HEREUNDER BEING HEREBY LIMITED TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8SUCH AMOUNT.

Limitations of Liability. UNDER EXCEPT WITH RESPECT TO P3TECH’S INDEMNIFICATION OBLIGATIONS OR A BREACH OF EITHER PARTY'S CONFIDENTIALITY OBLIGATIONS, P3TECH’S AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE) FOR ALL CLAIMS OF LIABILITY ARISING OUT OF, OR IN CONNECTION WITH ANY WORK PROVIDED PURSUANT TO THIS MSA SHALL NOT EXCEED THE AMOUNTS PAID BY CLIENT FOR THE SPECIFIC WORK GIVING RISE TO SUCH CLAIM DURING THE PRIOR TWELVE (12) MONTH PERIOD. IN NO CIRCUMSTANCES EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF PROFITS, ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, USE OF MONEY OR USE OF THE SOFTWARE, INTERRUPTION IN THE AGREEMENTUSE 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 (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESCLAIMS OR DEMANDS. SAVE AS SPECIFIED UNDER THIS AGREEMENT EACH PARTY ACKNOWLEDGES THAT THESE LIMITATIONS APPLY EVEN IF A PARTY HAS BEEN ADVISED OF THE BUYER’S RIGHT POSSIBILITY OF TERMINATIONSUCH DAMAGES OR THE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE AND THAT, LIQUIDATED DAMAGES SHALL BE WITHOUT THESE LIMITATIONS, THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FEE FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8WORK PROVIDED HEREUNDER WOULD BE HIGHER.

Limitations of Liability. UNDER NO CIRCUMSTANCES a. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ARTICLE 6 (e), CARRIER SHALL EITHER PARTY NOT BE LIABLE WHETHER IN THE AGREEMENTFOR INJURY, IN TORT (INCLUDING GROSS NEGLIGENCE)DEATH, UNDER ANY WARRANTY ILLNESS, DAMAGE, DELAY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OTHER LOSS TO PERSON OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGESPROPERTY, OR ANY LOSS OTHER CLAIM BY ANY PASSENGER CAUSED BY ACT OF PROFITS GOD, WAR, TERRORISM, CIVIL COMMOTION, LABOR TROUBLE, GOVERNMENT INTERFERENCE, PERILS OF THE SEA, FIRE, THEFTS OR REVENUESANY OTHER CAUSE BEYOND CARRIER'S REASONABLE CONTROL, OR ANY COST ACT NOT SHOWN TO BE CAUSED BY CARRIER'S NEGLIGENCE. b. PASSENGER AGREES TO SOLELY ASSUME THE RISK OF LABORINJURY, RESULTING FROM DEATH, ILLNESS OR ARISING OUT OTHER LOSS, AND CARRIER IS NOT RESPONSIBLE FOR PASSENGER'S USE OF ANY ATHLETIC OR IN CONNECTION WITH RECREATIONAL EQUIPMENT; OR FOR THE PRODUCT NEGLIGENCE OR SELLER’S PERFORMANCE UNDERWRONGDOING 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 BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY SHORE EXCURSION, TOUR OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, ACTIVITY. x. XXXXXXX HEREBY DISCLAIMS ALL LIABILITY TO THE FULL EXTENT PERMITTED 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 PHYSICAL INJURY TO THE PASSENGER, NOR THE RESULT OF PASSENGER HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY, NOR WERE INTENTIONALLY INFLICTED BY APPLICABLE LAWTHE CARRIER. 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 BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS, IMMUNITIES AND RIGHTS APPLICABLE TO IT UNDER THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID “ATHENS CONVENTION RELATING TO THE SELLER CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA” OF 1974, AS WELL AS THE BUYER FOR “PROTOCOL TO THE PRODUCTATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA” OF 1976 (“ATHENS CONVENTION”). EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE ATHENS CONVENTION LIMITS THE CARRIER'S LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING 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 ITS NEGLIGENCE 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 FRAUDULENT MISREPRESENTATIONDEATH 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. 8FOR 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 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 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 THIS REGULATION INCLUDE: SHIPWRECK, CAPSIZING, COLLISION OR STRANDING OF THE SHIP, EXPLOSION OR FIRE IN THE SHIP OR DEFECT IN THE SHIP BUT DOES INCLUDING ACTS OF WAR, HOSTILITIES, CIVIL WAR, INSURRECTION, NATURAL DISASTERS OR INTENTIONAL 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, ALL THE RESTRICTIONS, EXEMPTIONS FROM, AND LIMITATIONS OF LIABILITY PROVIDED IN, OR AUTHORIZED BY THE LAWS OF THE UNITED STATES SHALL APPLY, INCLUDING BUT NOT LIMITED TO, TITLE 46 OF THE UNITED STATES CODE §§ 30501 THROUGH 30509, AND 30511. EXCEPT AS OTHERWISE SET FORTH, THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE GENERAL MARITIME LAW OF THE UNITED STATES OF AMERICA.

Limitations of Liability. UNDER NO CIRCUMSTANCES (a) MANAGER SHALL EITHER PARTY NOT BE LIABLE WHETHER OR RESPONSIBLE HEREUNDER FOR BREACH OF WARRANTY OR STANDARD OF PERFORMANCE WITH RESPECT TO THE PROVISION OF SERVICES, OR ACCOUNTABLE IN DAMAGES OF ANY KIND TO RESERVES WITH RESPECT THERETO: (I) FOR ANY ACT, OR OMISSION PERFORMED OR OMITTED BY MANAGER IN GOOD FAITH AND IN A MANNER REASONABLY BELIEVED BY MANAGER TO BE WITHIN THE SCOPE OF THIS AGREEMENT AND IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGESBEST INTERESTS OF RESERVES, OR ANY LOSS (II) FOR A FAILURE OR INABILITY TO ACT IN RENDERING THE SERVICES DUE SOLELY TO A FAILURE OR NON-PERFORMANCE BY RESERVES; PROVIDED, HOWEVER, THAT SUCH DAMAGES IN SUBSECTIONS (I) OR (II) DO NOT ARISE FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF PROFITS MANAGER OR REVENUESFROM A BREACH OF THIS AGREEMENT BY MANAGER. (b) NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN CONTAINED, OR ANY COST THE AGGREGATE LIABILITY OF LABOR, RESULTING FROM OR MANAGER ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVERPERFORMANCE OR NON-PERFORMANCE THEREOF, WHETHER IN BASED ON CONTRACT, INDEMNITY, TORT (INCLUDING NEGLIGENCE NEGLIGENCE), STRICT LIABILITY OR STRICT LIABILITYOTHERWISE, SHALL IN NO EVENT EXCEED THE AMOUNT OF THE MANAGEMENT INCENTIVE FEES PAID TO MANAGER DURING THE PREVIOUS TWELVE (12) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENTMONTH; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, THIS LIMITATION OF LIABILITY SHALL NOT APPLY (A) TO THE FULL EXTENT PERMITTED BY APPLICABLE LAWATTRIBUTABLE TO MANAGER'S (OR ANY OF MANAGER INDEMNITEES') FRAUD OR INTENTIONAL MISCONDUCT, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION OR (B) WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID RESPECT TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING INDEMNITIES PROVIDED IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8SECTION 6.1.

Limitations of Liability. UNDER NO CIRCUMSTANCES TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKETING 360 SHALL EITHER PARTY NOT BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY EXEMPLARY, OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF LOST PROFITS OR REVENUESREVENUES OR DIMINUTION IN VALUE, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF NOT THE POSSIBILITY OF SUCH DAMAGESDAMAGES 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 NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. SAVE AS SPECIFIED 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 AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVERAGREEMENT, WHETHER IN ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITYNEGLIGENCE) OR OTHERWISE ARISING OUT OTHERWISE, EXCEED THE TOTAL OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. THE AMOUNTS YOU PAID TO MARKETING 360 FOR THE AVOIDANCE OF DOUBTSERVICES SOLD HEREUNDER. WITHOUT LIMITING THE FOREGOING, THE BUYER MAY SEEK MARKETING 360 IS NOT RESPONSIBLE FOR ANY DAMAGES DUE TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDEDCONTENT, HOWEVEROMISSIONS OR ERRONEOUS DATA APPEARING IN CLIENT’S WEBSITE, BLOGS OR ON SOCIAL MEDIA.WE FURTHER DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, YOU USE IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION CONJUNCTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8THESE SERVICES.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT EQUIPMENT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT EQUIPMENT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT EQUIPMENT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT EQUIPMENT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCTEQUIPMENT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY WASABI AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL CONSEQUENTIAL OR CONSEQUENTIAL EXEMPLARY DAMAGES OR (INCLUDING DAMAGES FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGESLOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENTDATA), EVEN IF THE BUYER OR THE SELLER HAS WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER(WHETHER SUCH CLAIM IS BASED ON WARRANTY, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, 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 WASABI SERVICE, INCLUDING NEGLIGENCE AS A RESULT OF ANY (I) TERMINATION OR STRICT LIABILITY) SUSPENSION OF THIS AGREEMENT OR OTHERWISE ARISING OUT YOUR USE OF OR ACCESS TO THE WASABI SERVICE, (II) OUR DISCONTINUATION OF ANY OR ALL OF WASABI SERVICE, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE WASABI SERVICE LEVEL AGREEMENT, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE WASABI SERVICE FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH DELAY THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE WASABI SERVICE; OR (D) ANY PRODUCT DELIVERY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR PART THEREOFTHE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. WASABI AND ITS AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED TWO TIMES (2X) THE AMOUNT YOU ACTUALLY PAY WASABI UNDER THIS AGREEMENT FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, WASABI SERVICE THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, GAVE RISE TO THE FULL EXTENT PERMITTED BY APPLICABLE LAWCLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE. IF WASABI SERVICE (OR ANY OTHER WASABI PRODUCT) IS PROVIDED TO YOU WITHOUT CHARGE, THEN WASABI WILL HAVE NO LIABILITY TO YOU WHATSOEVER. IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT WILL WASABI BE LIABLE TO YOU OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER ANY THIRD PARTY FOR DEATH ANY COST TO PROCURE SUBSTITUTE SERVICES, YOUR CONTENT (WHETHER LOST OR PERSONAL DAMAGED) OR THE COST OF RETRIEVING ANY OF YOUR LOST CONTENT. UNDER NO CIRCUMSTANCES WILL WASABI BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM ITS NEGLIGENCE HACKING, TAMPERING OR FOR FRAUDULENT MISREPRESENTATIONOTHER UNAUTHORIZED ACCESS OR USE OF THE WASABI SERVICE, YOUR CUSTOMER ACCOUNT OR YOUR CONTENT. 8YOU EXPRESSLY RECOGNIZE AND ACKNOWLEDGE THAT THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION ARE AN ESSENTIAL PART OF THE AGREEMENT AND AN ESSENTIAL FACTOR IN ESTABLISHING THE PRICE OF WASABI SERVICE. THE FOREGOING DISCLAIMERS AND LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW AND NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY PROVIDED IN THIS AGREEMENT.

Limitations of Liability. UNDER NO CIRCUMSTANCES TO THE FULLEST EXTENT ALLOWED BY LAW, INTUIT SHALL EITHER PARTY NOT BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, CIRCUMSTANCE FOR ANY INDIRECTSPECIAL, SPECIALCONSEQUENTIAL, INCIDENTAL OR CONSEQUENTIAL EXEMPLARY DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION ANY WAY CONNECTED WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, THE PROGRAM OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA OR ANY DAMAGES OR SUMS PAID BY COMPANY TO THIRD PARTIES, EVEN IF THE BUYER OR THE SELLER INTUIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT FOREGOING LIMITATION OF TERMINATIONLIABILITY SHALL APPLY WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, LIQUIDATED DAMAGES SHALL BE WARRANTY OR ANY STATUTORY DUTY, NEGLIGENCE OR OTHER TORT, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE BUYER’S SOLE AND FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. SINCE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL DAMAGES, THIS LIMITATION MAY NOT APPLY TO COMPANY. INTUIT’S TOTAL LIABILITY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF ALL DAMAGES, ALLEGED DAMAGES, AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVERLOSSES HEREUNDER, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) NEGLIGENCE, OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOFSHALL NOT EXCEED FIVE HUNDRED $500.00 SINGAPORE DOLLARS (SGD). FOR THE AVOIDANCE OF DOUBT, INTUIT DOES NOT EXCLUDE LIABILITY ARISING UNDER THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES COMPETITION AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS CONSUMER XXX 0000 (CTH) OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8AUSTRALIA.

Limitations of Liability. UNDER NO CIRCUMSTANCES a) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ARTICLE 6 (e), CARRIER SHALL EITHER PARTY NOT BE LIABLE WHETHER IN THE AGREEMENTFOR INJURY, IN TORT (INCLUDING GROSS NEGLIGENCE)DEATH, UNDER ANY WARRANTY ILLNESS, DAMAGE, DELAY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OTHER LOSS TO PERSON OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGESPROPERTY, OR ANY LOSS OTHER CLAIM BY ANY PASSENGER CAUSED BY ACT OF PROFITS GOD, WAR, TERRORISM, CIVIL COMMOTION, LABOR TROUBLE, GOVERNMENT INTERFERENCE, PERILS OF THE SEA, FIRE, THEFTS OR REVENUESANY OTHER CAUSE BEYOND CARRIER'S REASONABLE CONTROL, OR ANY COST ACT NOT SHOWN TO BE CAUSED BY CARRIER'S NEGLIGENCE. b) PASSENGER AGREES TO SOLELY ASSUME THE RISK OF LABORINJURY, RESULTING FROM DEATH, ILLNESS OR ARISING OUT OTHER LOSS, AND CARRIER IS NOT RESPONSIBLE FOR PASSENGER'S USE OF ANY ATHLETIC OR IN CONNECTION WITH RECREATIONAL EQUIPMENT; OR FOR THE PRODUCT NEGLIGENCE OR SELLER’S PERFORMANCE UNDERWRONGDOING 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 BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY SHORE EXCURSION, TOUR OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, ACTIVITY. c) CARRIER HEREBY DISCLAIMS ALL LIABILITY TO THE FULL EXTENT PERMITTED 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 PHYSICAL INJURY TO THE PASSENGER, NOR THE RESULT OF PASSENGER HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY, NOR WERE INTENTIONALLY INFLICTED BY APPLICABLE LAWTHE CARRIER. 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 NEITHER XXXXXX, DISEMBARK NOR CALL AT ANY PORT IN THE UNITED STATES, CARRIER SHALL BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS, IMMUNITIES AND RIGHTS APPLICABLE TO IT UNDER THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID “ATHENS CONVENTION RELATING TO THE SELLER CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA” OF 1974, AS WELL AS THE BUYER FOR “PROTOCOL TO THE PRODUCTATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA” OF 1976 (“ATHENS CONVENTION”). EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE ATHENS CONVENTION LIMITS THE CARRIER'S LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING TO A PASSENGER TO NO MORE THAN 46,666 SPECIAL DRAWING RIGHTS AS DEFINED THEREIN (APPROXIMATELY U.S. $70,000, 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 ITS NEGLIGENCE AND LIMITATIONS OF LIABILITY PROVIDED IN OR FOR FRAUDULENT MISREPRESENTATION. 8AUTHORIZED BY THE LAWS OF THE UNITED STATES (INCLUDING TITLE 46, UNITED STATES CODE SECTIONS 30501 THROUGH 30509 AND 30511) WILL APPLY.

Limitations of Liability. UNDER IN NO CIRCUMSTANCES EVENT SHALL EITHER PARTY THE CUMULATIVE LIABILITY OF AIRCALL OR ITS AFFILIATES EXCEED ONE TIME THE TOTAL AMOUNTS PAID OR PAYABLE BY CUSTOMER DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM GIVING RISE TO SUCH DAMAGES OR ONE HUNDRED EUROS (100€) IF FOR A FREE TRIAL PERIOD. IN NO EVENT SHALL AIRCALL OR ITS AFFILIATES BE LIABLE WHETHER IN THE AGREEMENTFOR: (I) ANY CONSEQUENTIAL, IN TORT (INCLUDING GROSS NEGLIGENCE)INDIRECT, UNDER ANY WARRANTY OR OTHERWISEINCIDENTAL, FOR ANY INDIRECTEXEMPLARY, REPUTATIONAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES DAMAGES OF ANY KIND SUCH AS LOSS OF DATA OR DAMAGESPROFIT, OR ANY BUSINESS INTERRUPTION, LOSS OF PROFITS BUSINESS OPPORTUNITY, HARM TO THE IMAGE OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVERREPUTATION, WHETHER IN ANY OF THE FOREGOING, ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT ANY OTHER THEORY OF LIABILITY EVEN IF AIRCALL OR ITS AFFILIATES HAVE BEEN NOTIFIED ORALLY OR IN CONNECTION WRITING OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIM OR CAUSE OF ACTION RESULTING FROM CUSTOMER’S USE OF THE SITE AND THE SERVICES MUST BE PROVIDED OFFICIALLY IN WRITING TO AIRCALL BY REGISTERED MAIL WITH DELAY RECEIPT ACKNOWLEDGEMENT ADDRESSED TO ITS HEAD OFFICE WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION HAS ARISEN OR IT SHALL BE DEEMED WAIVED BY CUSTOMER. ANY PRODUCT DELIVERY CLAIM OR PART THEREOF. FOR CAUSE OF ACTION RESULTING FROM CUSTOMER’S ACCESS TO AND/OR USE OF THE AVOIDANCE OF DOUBT, SITE AND/OR THE BUYER MAY SEEK SERVICES MUST BE PROVIDED IN WRITING TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, AIRCALL BY REGISTERED MAIL WITH RECEIPT ACKNOWLEDGEMENT ADDRESSED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, ITS HEAD OFFICE IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION ACCORDANCE WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES NOTIFICATION REQUIREMENTS SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS HEREUNDER, WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT ACTION HAS ARISEN OR IT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8BE DEEMED WAIVED BY CUSTOMER.

Limitations of Liability. UNDER IN NO CIRCUMSTANCES SHALL EITHER PARTY EVENT WILL XXXX BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT THIS AGREEMENT UNDER ANY LEGAL OR SELLER’S PERFORMANCE UNDEREQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OFOF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN IN EACH CASE REGARDLESS OF WHETHER BAIN WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. SAVE AS SPECIFIED UNDER IN NO EVENT XXXX XXXX’X AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT THE BUYER’S RIGHT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR NEGLIGENCE), STRICT LIABILITY) OR , AND OTHERWISE ARISING OUT OF OR EXCEED THE TOTAL AMOUNTS PAID TO BAIN UNDER THIS AGREEMENT IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, ONE-YEAR PERIOD PRECEDING THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, EVENT GIVING RISE TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENTCLAIM. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIMITS ANY LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8WHICH CANNOT LEGALLY BE LIMITED.

Limitations of Liability. UNDER TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL EITHER PARTY EVENT WILL THE CREATOR ENTITIES BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, A) FOR ANY INDIRECT, SPECIALSPE- CIAL, INCIDENTAL EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES (IN- CLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SER- VICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR FOR EXEMPLARY LOSSES, ARISING OUT OF OR PUNITIVE LOSSES RELATED TO YOUR USE OR DAMAGESINABILITY TO USE THE PROJECT NFT OR THE NFT MEDIA), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARIS- ING IN ANY WAY IN CONNECTION WITH THE PROJECT NFTS AND NFT MEDIA OR THESE TERMS AND WHETHER IN CONTRACT, PRODUCT LIABILITY OR TORT (IN- CLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, EVEN IF THE CRE- ATOR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY LOSS OF PROFITS OTHER CLAIM, DEMAND OR REVENUES, OR ANY COST OF LABOR, DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER THESE TERMS OR THE SELLER HAS BEEN ADVISED DELIVERY, USE OR PERFORMANCE OF THE POSSIBILITY PROJECT NFTS AND NFT MEDIA. THE MAXIMUM AGGREGATE LIABILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT CREATOR ENTITIES FOR ALL DAMAGES AND CAUS- ES OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVERACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE STRICT LIABILITY OR STRICT LIABILITYNEGLIGENCE) OR OTHERWISE ARISING OUT OTHERWISE, SHALL BE THE GREATER OF (I) $100 OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR (II) THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE AMOUNT YOU PAID TO THE SELLER BY CREATORS FOR YOUR PROJECT NFT. SOME JURISDICTIONS) DO NOT ALLOW THE BUYER FOR EXCLUSION OR LIMITATION OF INCI- DENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT ABOVE EXCLUSION OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8LIMITA- TION MAY NOT APPLY TO YOU.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE WHETHER NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE AGREEMENTTHESE TERMS AND CONDITIONS, IN TORT (INCLUDING GROSS NEGLIGENCE)HOTSCHEDULES WILL NOT, UNDER ANY WARRANTY CIRCUMSTANCES, BE LIABLE TO SUBSCRIBER OR OTHERWISESUBSCRIBER’S USERS FOR CONSEQUENTIAL, FOR ANY INDIRECTINCIDENTAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL EXEMPLARY DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT RELATED TO THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOST GOODWILL OR SELLER’S PERFORMANCE UNDERBUSINESS VALUE, LOST PROFITS, OR BREACH OF, THIS AGREEMENTLOSS OF BUSINESS, EVEN IF THE BUYER HOTSCHEDULES IS APPRISED OR THE SELLER HAS BEEN ADVISED SHOULD HAVE KNOWN OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGESDAMAGES OCCURRING. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT NO CIRCUMSTANCES WILL HOTSCHEDULES' TOTAL LIABILITY OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE KIND ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY SUBSCRIBER TO HOTSCHEDULES UNDER THESE TERMS AND CONDITIONS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT INCREASE THIS LIMIT. EACH PROVISION OF THESE TERMS AND CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THESE TERMS AND CONDITIONS BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN CONNECTION WITH DELAY THE PRICING OFFERED BY HOTSCHEDULES TO SUBSCRIBER AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS AND CONDITIONS. THE LIMITATIONS IN THIS SECTION 9 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, LIMITED REMEDY IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES THESE TERMS AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8CONDITIONS.

Limitations of Liability. UNDER THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE CONSIDERATION WHICH INNOVISE IS CHARGING HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY INNOVISE OF THE RISK OF CUSTOMER’S INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO CIRCUMSTANCES EVENT SHALL EITHER PARTY BE LIABLE WHETHER IN THE AGREEMENTTO ANYONE FOR INCIDENTAL, IN TORT (INCLUDING GROSS NEGLIGENCE)CONSEQUENTIAL, UNDER ANY WARRANTY PUNITIVE, SPECIAL OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR INDIRECT DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF PROFITS DATA, REVENUE, PROFITS, USE OR REVENUESOTHER ECONOMIC ADVANTAGE), ARISING FROM BREACH OF WARRANTY OR BREACH OF CONTRACT, OR NEGLIGENCE, OR ANY COST OTHER LEGAL CAUSE OF LABOR, RESULTING ACTION ARISING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT INCLUDING BUT NOT LIMITED TO THE PRODUCT USE OR SELLER’S PERFORMANCE UNDERINABILITY TO USE THE SERVICE, OR BREACH OFFOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, THIS AGREEMENTANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE BUYER PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE SELLER HAS SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT MAXIMUM LIABILITY OF TERMINATIONEITHER PARTY TO ANY PERSON, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY BUSINESS OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE OTHER BODY WHATSOEVER ARISING OUT OF OR IN THE CONNECTION WITH DELAY ANY LICENSE, USE OR OTHER EMPLOYMENT OF THE SERVICE, WHETHER SUCH LIABILITY ARISES FROM ANY PRODUCT DELIVERY CLAIM BASED ON BREACH OR PART THEREOFREPUDIATION OF CONTRACT, BREACH OF WARRANTY, TORT, OR OTHERWISE, SHALL IN NO CASE EXCEED THE EQUIVALENT OF 12 MONTHS IN FEES APPLICABLE AT THE TIME OF THE EVENT. FOR THE AVOIDANCE ESSENTIAL PURPOSE OF DOUBT, THIS PROVISION IS TO LIMIT THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF POTENTIAL LIABILITY OF THE SELLER BREACHES PARTIES ARISING FROM THIS AGREEMENT; PROVIDED, HOWEVER, . THE PARTIES ACKNOWLEDGE THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, THE LIMITATIONS SET FORTH IN THIS SECTION ARE INTEGRAL TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY AMOUNT OF CONSIDERATION LEVIED IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED LICENSE OF THE PRICE PAID SERVICE AND THAT, WERE INNOVISE TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS HEREIN; SUCH CONSIDERATION WOULD OF NECESSITY BE SET SUBSTANTIALLY HIGHER. THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR EXCLUSION DOES NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM CAUSED BY THE NEGLIGENCE OF INNOVISE, ITS NEGLIGENCE STAFF OR FOR FRAUDULENT MISREPRESENTATION. 8ITS CONTRACTORS AND AGENTS.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE WHETHER IN A. THE AGREEMENTTOTAL LIABILITY OF SELLER, IN TORT (INCLUDING GROSS NEGLIGENCE)ITS SUBCONTRACTORS AND SUPPLIERS, UNDER ON ANY WARRANTY OR OTHERWISE, FOR AND ALL CLAIMS OF ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVERKIND, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR PATENT INFRINGEMENT), STRICT LIABILITY) , EQUITY, QUASI- CONTRACT OR OTHERWISE OTHERWISE, ARISING OUT OF OF, CONNECTED WITH, OR IN CONNECTION WITH DELAY RESULTING FROM THE PERFORMANCE OR NON- PERFORMANCE OF ANY PRODUCT DELIVERY AGREEMENT RESULTING HEREFROM OR FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR, REPLACEMENT OR USE OF ANY PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE OR PRODUCT OR THIS AGREEMENT THE FURNISHING OF ANY SERVICE, SHALL NOT EXCEED THE PRICE PAID ALLOCABLE TO THE SELLER BY PART OR PRODUCT OR SERVICE WHICH GIVES RISE TO THE BUYER FOR CLAIM. EXCEPT AS TO TITLE, ANY SUCH LIABILITY SHALL TERMINATE UPON THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT EXPIRATION OF THE EXCLUSIVE REMEDIES AND LIMITATIONS WARRANTY PERIOD SPECIFIED IN PARAGRAPH 8 ENTITLED “WARRANTIES”. B. IN NO EVENT, WHETHER AS A RESULT OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS BREACH OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR PATENT INFRINGEMENT) EQUITY, QUASI-CONTRACT OR OTHERWISE, SHALL SELLER, OR ITS SUBCONTRACTORS OR SUPPLIERS, BE LIABLE FOR FRAUDULENT MISREPRESENTATIONANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUES, LOSS OF USE OF THE PRODUCTS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR REPLACEMENT POWER, DOWNTIME COSTS OR CLAIMS OF BUYER’S CUSTOMERS FOR SUCH DAMAGES, ALL OF WHICH ARE WAIVED IN FULL BY BUYER. 8IF BUYER TRANSFERS TITLE TO, OR LEASES THE PRODUCTS OR PARTS SOLD HEREUNDER TO, OR OTHERWISE PERMITS OR SUFFERS USE BY, ANY THIRD PARTY, BUYER SHALL OBTAIN FROM SUCH THIRD PARTY A PROVISION AFFORDING SELLER AND ITS SUBCONTRACTORS AND SUPPLIERS THE PROTECTION OF THE PRECEDING SENTENCE. C. If Seller furnishes Buyer with advice or other assistance which concerns any Product, or part or accessory, supplied hereunder or any system or equipment in which any such Product or part may be installed, and which is not required by the terms of this instrument or pursuant to any other written agreement between Seller and Buyer, the furnishing of such advice/assistance shall not subject Seller to any liability, whether in contract, warranty, tort (including negligence or patent infringement), strict liability, equity, quasi- contract or otherwise.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, Ghanem i. TO THE FULL MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY, THE SELLER’S LIABILITY IN CONNECTION WITH SRMG INDEMNITEES OR THE PRODUCT BLOOMBERG INDEMNITEES BE LIABLE FOR ANY INCIDENTAL, SPECULATIVE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, BUSINESS INTERRUPTION, OR LOST PROFITS, WHETHER FORESEEABLE OR NOT (INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM NEGLIGENCE), OCCASIONED BY ANY FAILURE TO PERFORM, OR THE BREACH OF ANY OBLIGATION UNDER THIS AGREEMENT EXCEED FOR ANY CAUSE WHATSOEVER. EXCEPT AS EXPRESSLY SPECIFIED OTHERWISE HEREIN, ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR USE, TITLE, OR NON-INFRINGEMENT, ARE EXPRESSLY EXCLUDED AND DISCLAIMED BY ALL PARTIES. ii. SRMG ACKNOWLEDGES THAT: (A) BTV MAY INCLUDE CERTAIN INFORMATION OBTAINED FROM STOCK EXCHANGES AND OTHER THIRD-PARTY SOURCES FROM AROUND THE PRICE PAID WORLD; (B) NEITHER BLOOMBERG NOR ITS AFFILIATED COMPANIES OR ITS LICENSORS GUARANTEE THE SEQUENCE, ACCURACY, COMPLETENESS, OR TIMELINESS OF THE DATA AND INFORMATION CONTAINED IN BTV; AND (C) THE PROVISION OF CERTAIN INFORMATION IS SUBJECT TO THE SELLER BY TERMS AND CONDITIONS OF OTHER AGREEMENTS TO WHICH BLOOMBERG, ITS AFFILIATED COMPANIES, OR LICENSORS IS A PARTY. ACCORDINGLY, ANYTHING TO THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES CONTRARY SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT NOTWITHSTANDING, BLOOMBERG, ITS AFFILIATED COMPANIES, AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, PARTNERS, SUBSIDIARIES, LICENSORS, SUCCESSORS, AND ASSIGNS SHALL LIMIT NOT, DIRECTLY OR EXCLUDE INDIRECTLY, BE LIABLE, IN ANY WAY, TO ANY PERSON OR ENTITY TO WHOM OR TO WHICH THE LIABILITY WINDOWS ARE PROVIDED, OR TO ANY OTHER PERSON OR ENTITY FOR: (1) ANY INACCURACIES OR ERRORS IN OR OMISSION OF EITHER PARTY FOR DEATH ANY INFORMATION OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8.DATA THEREIN;

Limitations of Liability. UNDER NO CIRCUMSTANCES NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, KEET HEALTH AND ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL EITHER PARTY NOT BE LIABLE WHETHER IN THE AGREEMENTTO CLIENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER AUTHORIZED USERS OR ANY WARRANTY OR OTHERWISE, THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, INCIDENTAL PUNITIVE OR CONSEQUENTIAL DAMAGES OR (INCLUDING ANY DAMAGES FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGESBUSINESS INTERRUPTION, OR ANY LOSS OF PROFITS DATA, LOSS OF USE, ATTORNEYS’ FEES, LOST REVENUES OR REVENUESLOST PROFITS), OR ANY COST OF LABOR, RESULTING FROM OR WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR IN CONNECTION WITH THE PRODUCT OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER NOT KEET HEALTH HAS BEEN ADVISED INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY EVENT, KEET HEALTH’S AGGREGATE LIABILITY FOR DAMAGES, LOSSES, COSTS, AND EXPENSES ARISING OUT OF OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVERRELATED TO THIS AGREEMENT, WHETHER IN ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITYNEGLIGENCE) OR OTHERWISE ARISING OUT OF OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS RECEIVED BY KEET HEALTH FROM CLIENT PURSUANT TO THIS AGREEMENT IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOFTHE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLERCLIENT’S LIABILITY IN CONNECTION WITH THE PRODUCT OR REMEDIES UNDER THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS FAIL OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE THEIR ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8PURPOSE.

Limitations of Liability. IN THE EVENT OF ANY PROBLEM WITH EPICCARE LINK OR ANY OF ITS CONTENT, PROVIDER AGREES THAT PROVIDER’S SOLE REMEDY IS TO CEASE USING EPICCARE LINK. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY SOUTH SHORE BE LIABLE WHETHER IN ANY WAY FOR PROVIDER’S USE OF EPICCARE LINK OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE AGREEMENTINTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, IN TORT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT. UNDER NO CIRCUMSTANCES SHALL SOUTH SHORE BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING GROSS NEGLIGENCE)INCLUDING, UNDER WITHOUT LIMITATION, ANY WARRANTY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON PROVIDER’S INFORMATION HANDLING SYSTEM OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING ) ARISING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT PROVIDER’S USE OF EPICCARE LINK, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENTOTHERWISE, EVEN IF THE BUYER OR THE SELLER HAS SOUTH SHORE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT TO THE BUYER’S RIGHT CONTRARY, PROVIDER HEREBY RELEASES AND AGREES TO HOLD SOUTH SHORE HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF TERMINATIONEVERY KIND AND NATURE (INCLUDING, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF CONSEQUENTIAL), KNOWN AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVERUNKNOWN, WHETHER IN CONTRACTSUSPECTED AND UNSUSPECTED, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN CONNECTION ANY WAY CONNECTED WITH DELAY PROVIDER’S USE OF EPICCARE LINK. PROVIDER WAIVES THE PROVISIONS OF ANY PRODUCT DELIVERY STATE OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT LOCAL LAW LIMITING OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8PROHIBITING A GENERAL RELEASE.

Limitations of Liability. UNDER TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL EITHER PARTY EVENT WILL THE COMPANY ENTITIES BE LIABLE WHETHER IN THE AGREEMENT(A) FOR DAMAGES OF ANY KIND, IN TORT (INCLUDING GROSS NEGLIGENCE)DIRECT, UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA , WALLET KEYS, OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR FOR EXEMPLARY LOSSES, ARISING OUT OF OR PUNITIVE LOSSES RELATED TO YOUR USE OR DAMAGESINABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY LOSS OF PROFITS OTHER CLAIM, DEMAND OR REVENUES, OR ANY COST OF LABOR, DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PRODUCT DELIVERY, USE OR SELLER’S PERFORMANCE UNDEROF THE SERVICES. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR BREACH OFTHE AMOUNT YOU PAID THE COMPANY ENTITIES, THIS AGREEMENTIF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR COMPANY NFTS PURCHASED ON OR USING THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED ABOVE STATED REMEDY FAILS OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ITS ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8PURPOSE.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE THE TOTAL LIABILITY OF SELLER, INCLUDING ITS SUBCONTRACTORS OR SUPPLIERS, ON ANY AND ALL CLAIMS, WHETHER IN THE AGREEMENTCONTRACT, IN WARRANTY, TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY NEGLIGENCE OR PATENT INFRINGEMENT) OR OTHERWISE, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THE PERFORMANCE OR NONPERFORMANCE OF ANY AGREEMENT RESULTING HERE FROM OR FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR, REPLACEMENT OR USE OF ANY PRODUCT RELATING THERETO SHALL NOT EXCEED THE PRICE ALLOCABLE TO THE PURCHASE ORDER WHICH DIRECTLY GIVES RISE TO THE CLAIM. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR PATENT INFRINGEMENT) OR OTHERWISE, SHALL SELLER, OR ITS SUBCONTRACTORS OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL CONSEQUENTIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS PROFIT OR REVENUES, OR ANY COST LOSS OF LABOR, RESULTING FROM OR ARISING OUT USE OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDERANY ASSOCIATED EQUIPMENT OR SOFTWARE OR DATA, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR BREACH OF, THIS AGREEMENTREPLACEMENT POWER OR DOWNTIME COSTS FOR SUCH DAMAGES, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR CLAIM. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, PURCHASER ACKNOWLEDGES THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND THESE LIMITATIONS OF LIABILITIES LIABILITY REFLECT THE ALLOCATION OF RISK SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM AND THAT SELLER WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8LIABILITY.

Limitations of Liability. UNDER NO CIRCUMSTANCES TO THE FULLEST EXTENT PERMITTED BY LAW, SELLER’S TOTAL LIABILITY TO BUYER, BUYER’S CUSTOMERS, OR TO ANY OTHER PERSON, RELATING TO ANY PURCHASES AND/OR PRODUCT GOVERNED BY THIS AGREEMENT, FROM THE USE OF THE PRODUCT FURNISHED, OR FROM ANY ADVICE, INFORMATION OR ASSISTANCE PROVIDED BY SELLER (BY ANY METHOD, INCLUDING A WEBSITE), IS LIMITED TO THE LESSER OF THE PRICE OF THE PRODUCT GIVING RISE TO THE CLAIM OR THE AMOUNT PAID BY BUYER TO SELLER. SELLER SHALL EITHER PARTY NOT BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGESINCIDENTAL, DIRECT, CONSEQUENTIAL, GENERAL, PUNITIVE, OR ANY PENAL DAMAGES (INCLUDING, WITHOUT LIMITATION, BACK- CHARGES, LABOR COSTS, COSTS OF REMOVAL, REPLACEMENT, TESTING, LOSS OF BUSINESS, LOSS OF PROFITS OR REVENUES, OR ANY COST LOSS OF LABOR, RESULTING FROM OR ARISING OUT USE OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDERANY ASSOCIATED GOODS, DAMAGE TO ASSOCIATED GOODS, LATENESS OR DELAYS IN DELIVERY, UNAVAILABILITY OF PRODUCT, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCT, FACILITIES OR SERVICES, DOWNTIME, OR BREACH OFCLAIMS FROM BUYER’S CUSTOMERS OR OTHER PARTIES). IF SELLER FURNISHES BUYER WITH ADVICE OR OTHER ASSISTANCE WHICH CONCERNS ANY PRODUCT SUPPLIED HEREUNDER, OR ANY OTHER PRODUCT OR GOOD IN WHICH ANY SUCH PRODUCT MAY BE PLACED OR TO WHICH SUCH PRODUCT MAY BE COMBINED, AND WHICH IS NOT REQUIRED PURSUANT TO THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY FURNISHING OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ADVICE OR ASSISTANCE WILL NOT SUBJECT SELLER TO ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVERLIABILITY, WHETHER IN BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITYNEGLIGENCE) OR OTHERWISE ARISING OUT OTHER GROUNDS. SELLER MAKES NO WARRANTY OR REPRESENTATION REGARDING THE ABSENCE OF FOREIGN MATERIALS OR SUBSTANCES IN CONNECTION WITH DELAY THE PURCHASED PRODUCT(S). BUYER IS ADVISED AND ACKNOWLEDGES THAT IT SHOULD, AT ALL TIMES, EXERCISE ITS OWN DUE DILIGENCE AND SHOULD IMPLEMENT ALL REASONABLE AND NECESSARY SAFEGUARDS AND MEASURES TO INSURE THAT NO UNDESIRABLE FOREIGN MATERIALS OR SUBSTANCES ARE CONTAINED IN THE PURCHASED PRODUCT(S) AFTER FINAL PROCESSING AND PRIOR TO BUYER’S SALE OR USE OF ANY PRODUCT DELIVERY INGREDIENT(S)/PRODUCT(S) OBTAINED BY OR PART THEREOFTHROUGH SELLER. FOR THE AVOIDANCE OF DOUBT, THE WHEN BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH HAS EXAMINED THE PRODUCT AS FULLY AS IT DESIRED OR THIS AGREEMENT EXCEED THE PRICE PAID HAS REFUSED TO THE SELLER BY THE BUYER FOR EXAMINE THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT , THERE IS NO WARRANTY WITH REGARD TO ANY DEFECTS WHICH AN EXAMINATION OUGHT IN THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8CIRCUMSTANCES TO HAVE REVEALED TO BUYER.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE WHETHER NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE AGREEMENTTHESE TERMS AND CONDITIONS, IN TORT (INCLUDING GROSS NEGLIGENCE)FOURTH WILL NOT, UNDER ANY WARRANTY CIRCUMSTANCES, BE LIABLE TO SUBSCRIBER OR OTHERWISE, ANY OTHER PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGESPUNITIVE, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH RELATED TO THE PRODUCT SERVICES OR SELLER’S PERFORMANCE UNDERTHESE TERMS AND CONDITIONS, OR BREACH OFFOR ANY LOST GOODWILL OR BUSINESS VALUE, THIS AGREEMENTLOST PROFITS, OR LOSS OF BUSINESS OR DATA, EVEN IF FOURTH IS APPRISED OR SHOULD HAVE KNOWN OF THE BUYER LIKELIHOOD OF SUCH DAMAGES OCCURRING. UNDER NO CIRCUMSTANCES WILL FOURTH'S TOTAL LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THE SELLER SERVICES OR THESE TERMS AND CONDITIONS (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY SUBSCRIBER TO FOURTH UNDER THE APPLICABLE ORDER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE LIABILITY. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT INCREASE THIS LIMIT. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY WHETHER OR NOT (a) SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE; (b) SUCH LIABILITY IS FORESEEABLE OR CONTEMPLATED BY THE PARTIES AT THE EFFECTIVE DATE; AND (c) THE DAMAGED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSS OR DAMAGE. SAVE INSOFAR AS SPECIFIED UNDER APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. EACH PROVISION OF THESE TERMS AND CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THESE TERMS AND CONDITIONS BETWEEN THE PARTIES. THIS AGREEMENT ALLOCATION IS REFLECTED IN THE BUYER’S RIGHT PRICING OFFERED BY FOURTH TO SUBSCRIBER AND IS AN ESSENTIAL ELEMENT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND EXCLUSIVE REMEDY FOR DELAY INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS AND CONDITIONS. THE LIMITATIONS IN ANY PRODUCT DELIVERY OR PART THEREOF AND THIS SECTION 9 WILL APPLY NOTWITHSTANDING THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT FAILURE OF OR IN CONNECTION WITH DELAY ESSENTIAL PURPOSE OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, LIMITED REMEDY IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES THESE TERMS AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8CONDITIONS.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE THE TOTAL LIABILITY OF SELLER, INCLUDING ITS SUBCONTRACTORS OR SUPPLIERS, ON ANY AND ALL CLAIMS, WHETHER IN THE AGREEMENTCONTRACT, IN WARRANTY, TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY NEGLIGENCE OR PATENT INFRINGEMENT) OR OTHERWISE, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THE PERFORMANCE OR NONPERFORMANCE OF ANY AGREEMENT RESULTING HERE FROM OR FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR, REPLACEMENT OR USE OF ANY PRODUCT RELATING THERETO SHALL NOT EXCEED THE PRICE ALLOCABLE TO THE PURCHASE ORDER WHICH DIRECTLY GIVES RISE TO THE CLAIM. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR PATENT INFRINGEMENT) OR OTHERWISE, SHALL SELLER, OR ITS SUBCONTRACTORS OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL CONSEQUENTIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS PROFIT OR REVENUES, OR ANY COST LOSS OF LABOR, RESULTING FROM OR ARISING OUT USE OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDERANY ASSOCIATED EQUIPMENT OR SOFTWARE OR DATA, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR BREACH OF, THIS AGREEMENTREPLACEMENT POWER OR DOWNTIME COSTS FOR SUCH DAMAGES, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR CLAIM. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, PURCHASER ACKNOWLEDGES THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND THESE LIMITATIONS OF LIABILITIES LIABILITY REFLECT THE ALLOCATION OF RISK SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM AND THAT SELLER WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATIONLIABILITY. 7. FORCE MAJEURE. Seller will use reasonable efforts to complete shipment of Products in accordance with the requested delivery dates, but will not be liable for any loss or damage for delay in delivery, inability to implant or any other failure due to causes beyond its reasonable control including acts of government or compliance with any governmental rules or regulations, acts of God or the public, war, civil commotion, blockades, embargos, calamities, floods, fires, earthquakes, explosions, storms, strikes, lockouts, labor disputes, or unavailability of labor, raw materials, power or supplies. 8.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE WHETHER NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE AGREEMENTTHESE TERMS, IN TORT (INCLUDING GROSS NEGLIGENCE)RINGCENTRAL AND ITS AFFILIATES WILL NOT, UNDER ANY WARRANTY OR OTHERWISECIRCUMSTANCES, BE LIABLE TO PARTICIPANT FOR ANY INDIRECT(A) CONSEQUENTIAL, INCIDENTAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR ANY LOSS OF PROFITS OR REVENUESBUSINESS, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH RELATED TO THE PRODUCT OR SELLER’S PERFORMANCE UNDERSUBJECT MATTER OF THESE TERMS; (B) ANY LOSS OF REVENUE, PROFITS, BUSINESS OPPORTUNITIES, OR BREACH OFSAVINGS; (C) REPUTATIONAL HARM OR LOSS OR DAMAGE TO GOODWILL; OR (D) LOSS OF USE OR CORRUPTION OF SOFTWARE, THIS AGREEMENTDATA, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATIONINFORMATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVERALL CASES, WHETHER IN ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) ), OR OTHERWISE ANY OTHER THEORY OF LIABILITY, EVEN IF RINGCENTRAL IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL RINGCENTRAL’S AND ITS AFFILIATES’ TOTAL LIABILITY OF ALL KINDS, IN AGGREGATE, ARISING OUT OF OR IN CONNECTION WITH DELAY RELATED TO THESE TERMS (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR PAYMENTS MADE TO PARTICIPANT UNDER THESE TERMS (AND NOT UNDER ANY PARTNER AGREEMENT) DURING THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, SIX MONTHS IMMEDIATELY PRIOR TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO MONTH DURING WHICH THE EVENT SHALL THE SELLER’S FIRST GIVING RISE TO LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8OCCURRED.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER, REGARDLESS OF THE LEGAL THEORY USED TO MAKE A CLAIM, AND WHETHER OR NOT BASED UPON NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, IN NO EVENT SHALL TORT OR ANY OTHER CAUSE OF ACTION, FOR ANY (A) COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS OR SERVICES, OR COST OF REPLACEMENT OR RESTORATION OF ANY LOST OR ALTERED CONTENT, (B) DELAYS OR UNAVAILABILITY OF ANY PRODUCTS OR SERVICES (OTHER THAN AS PROVIDED IN THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT SUPPORT SERVICES), ECONOMIC LOSSES, EXPECTED OR LOST PROFITS, REVENUE, OR ANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF CONTRACTS, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, AND/OR (C) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, WHETHER ARISING OUT OF PERFORMANCE OR BREACH OF THIS AGREEMENT EXCEED OR THE PRICE PAID USE OR INABILITY TO USE THE PRODUCTS, OR FOR ANY MATTER BEYOND THE PARTY’S REASONABLE CONTROL, EVEN IF THE PARTY HAS BEEN ADVISED AS TO THE SELLER BY THE BUYER POSSIBILITY OF SUCH LOSS OR DAMAGES. EXCEPT FOR THE PRODUCT. EITHER PARTIES’ OBLIGATIONS SET FORTH IN SECTIONS 4 AND 9 OF THIS AGREEMENT AND CUSTOMER’S PAYMENT OBLIGATIONS HEREUNDER AND/OR UNDER THE GOOGLE CLOUD MARKETPLACE TERMS OF SERVICE (AS APPLICABLE), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY FOR DEATH ON ALL CLAIMS OF ANY KIND UNDER THE AGREEMENT, WHETHER BASED ON CONTRACT, TORT, OR PERSONAL INJURY ANY OTHER LEGAL OR EQUITABLE THEORY OR RESULTING FROM ITS NEGLIGENCE THIS AGREEMENT OR ANY PRODUCTS OR SERVICES, SHALL NOT EXCEED THE GREATER OF (A) THE FEES PAID OR PAYABLE TO PALANTIR BY CUSTOMER IN RELATION TO THE PRODUCTS AND/OR SERVICES UNDER THE APPLICABLE ORDER FORM AND/OR THE GOOGLE CLOUD MARKETPLACE TERMS OF SERVICE (AS APPLICABLE) IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM FOR FRAUDULENT MISREPRESENTATION. 8THE PRODUCTS OR SERVICES THAT GAVE RISE TO SUCH CLAIM OR (B) FIFTY THOUSAND DOLLARS (USD 50,000), AND THAT SUCH REMEDY IS FAIR AND ADEQUATE.

Limitations of Liability. UNDER TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 15, IN NO CIRCUMSTANCES EVENT SHALL EITHER PARTY DATADOG, ITS AFFILIATES OR THEIR EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS OR DIRECTORS: (a) HAVE ANY LIABILITY TO RESELLER FOR ANY LOSSES ARISING OUT OF OR RELATING TO DISTRIBUTOR, ANY OTHER CONTRACT, THE CUSTOMER ORDER, CUSTOMER’S OR ITS USERS’ ACCESS OR USE OF THE SERVICES, OR RESELLER’S TRANSFER, USE OR PROCESSING OF CUSTOMER INFORMATION OR (b) BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, INCIDENTAL CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS PROFITS, GOODWILL, USE, DATA OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SERVICES OR THESE FLOW-DOWN TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE PROVIDED IN CONNECTION WITH THIS SECTION 15, IN NO EVENT SHALL DATADOG’S CUMULATIVE AND AGGREGATE LIABILITY EXCEED ONE-HALF THE PRODUCT FEES PAID TO DATADOG BY DISTRIBUTOR UNDER THE RESALE ORDER IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION (COLLECTIVELY, THE “EXCLUSIONS”) APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENTANY OTHER BASIS, EVEN IF THE BUYER OR THE SELLER NON- BREACHING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. SAVE AS SPECIFIED THE EXCLUSIONS SHALL NOT APPLY TO A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 14. THE PROVISIONS OF THIS AGREEMENT SECTION 15 ALLOCATE THE BUYER’S RIGHT OF TERMINATIONRISKS UNDER THESE FLOW-DOWN TERMS BETWEEN THE PARTIES, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL PARTIES HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER RELIED ON THE EXCLUSIONS IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK DETERMINING TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8ENTER INTO THESE FLOW-DOWN TERMS.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BITGO PRIME WILL NOT BE LIABLE WHETHER IN THE AGREEMENTTO YOU OR TO ANY THIRD PARTY FOR ANY EXPENSES, IN TORT LOSSES, DAMAGES, LIABILITIES, DEMANDS, CHARGES, AND CLAIMS OF ANY KIND OR NATURE WHATSOEVER (INCLUDING GROSS NEGLIGENCEANY LEGAL EXPENSES AND COSTS OR EXPENSES RELATING TO INVESTIGATING OR DEFENDING ANY DEMANDS, CHARGES, AND CLAIMS) (COLLECTIVELY, "LOSSES") IN CONNECTION WITH OR RELATED TO THE THE TRADING SERVICES, EXCEPT TO THE EXTENT SUCH LOSSES RESULT SOLELY FROM WITHOUT LIMITATION OF THE FOREGOING, BITGO PRIME WILL NOT BE LIABLE FOR ANY LOSSES CAUSED DIRECTLY OR INDIRECTLY BY: GOVERNMENT RESTRICTIONS, EXCHANGE OR MARKET RULINGS, MARKET VOLATILITY OR DISRUPTIONS IN ORDER TRADING ON ANY EXCHANGE OR MARKET, SUSPENSION OF TRADING, WAR, STRIKES, SEVERE WEATHER, NATURAL DISASTERS, OTHER ACTS OF GOD, FAILURE OF COMPUTER OR OTHER ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, ACTS OF TERRORISM, FAILURE OF THIRD PARTIES TO FOLLOW INSTRUCTIONS, ACTS OR OMISSIONS OF ANY TRADING VENUE OR OTHER CONDITIONS AND OCCURRENCES BEYOND OUR CONTROL. BITGO PRIME WILL NOT BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES (INCLUDING TRADING LOSSES), UNDER ANY WARRANTY WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, REGARDLESS OF WHETHER SUCH DAMAGES OR OTHER LOSSES WERE REASONABLY FORESEEABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGESSO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. AFFILIATES AND SERVICE PROVIDERS, OR ANY LOSS OF PROFITS THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, SERVICE PROVIDERS, EMPLOYEES OR REVENUESREPRESENTATIVES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED DO NOT APPLY WHERE LIMITED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8.

Limitations of Liability. EXCEPT IN CONNECTION WITH THE INDEMNIFICATION OBLIGATIONS UNDER SECTION 7, IN NO CIRCUMSTANCES SHALL EVENT WILL EITHER PARTY BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF THESE TERMS OR IN CONNECTION WITH THE PRODUCT PLATFORM UNDER ANY LEGAL OR SELLER’S PERFORMANCE UNDEREQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OFOF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN IN EACH CASE REGARDLESS OF WHETHER UWW WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. SAVE AS SPECIFIED EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT SECTION 7, IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY TO THE BUYER’S RIGHT OTHER ARISING OUT OF TERMINATIONOR RELATED TO THE PLATFORM, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN UNDER ANY PRODUCT DELIVERY LEGAL OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVEREQUITABLE THEORY, WHETHER IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR NEGLIGENCE), STRICT LIABILITY) OR , AND OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE TOTAL FEES PAID BY PROVIDER TO UWW FOR USE OF THE SELLER BY PLATFORM IN THE BUYER FOR TWELVE MONTH PERIOD PRECEDING THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8CLAIM.

Limitations of Liability. UNDER IN NO CIRCUMSTANCES EVENT SHALL EITHER PARTY BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY TO ANYONE FOR LOST PROFITS OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES REVENUE OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, COVER, SPECIAL OR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR INDIRECT DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF PROFITS CUSTOMER DATA, REVENUE, PROFITS, USE OR REVENUESOTHER ECONOMIC ADVANTAGE), WHETHER SUCH LIABILITY ARISES FROM BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STATUTORY DUTY OR ANY COST OTHER LEGAL CAUSE OF LABOR, RESULTING ACTION ARISING FROM OR IN CONNECTION WITH THE APPLICABLE STATEMENT OF WORK (“SOW”). NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE APPLICABLE SOW OR THIS PSA THE MAXIMUM LIABILITY OF SUITE ENGINE TO ANY PERSON, FIRM OR CORPORATION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT ANY PROFESSIONAL SERVICES, DELIVERABLES AND/OR SELLER’S PERFORMANCE UNDER, TOOLS WHETHER SUCH LIABILITY ARISES FROM BREACH OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED REPUDIATION OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE BREACH OF WARRANTY, NEGLIGENCE, TORT, STATUTORY DUTY OR STRICT LIABILITY) OR OTHERWISE ANY OTHER LEGAL CAUSE OF ACTION ARISING OUT OF FROM OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. THE APPLICABLE SOW, SHALL BE THE AMOUNT PAID BY CUSTOMER FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, PROFESSIONAL SERVICES GIVING RISE TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, CLAIM FOR THE PRECEDING TWELVE (12) MONTHS. THE ESSENTIAL PURPOSE OF THIS PROVISION IS TO LIMIT THE POTENTIAL LIABILITY OF THE PARTIES ARISING FROM THIS PSA AND ANY SOW. THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS SET FORTH IN NO EVENT SHALL THIS SECTION ARE INTEGRAL TO THE SELLER’S LIABILITY AMOUNT OF CONSIDERATION LEVIED IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED PROFESSIONAL SERVICES AND THAT, WERE SUITE ENGINE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN, SUCH CONSIDERATION WOULD OF NECESSITY BE SET SUBSTANTIALLY HIGHER. THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES LIABILITY SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS IN THIS SECTION SHALL NOT APPLY TO A CUSTOMER’S BREACH OF SECTION 7 OF THIS AGREEMENTPSA OR WITH REGARDS TO AMOUNTS DUE BY CUSTOMER UNDER THIS PSA. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO CUSTOMER. NOTHING IN THIS AGREEMENT SHALL LIMIT PSA EXCLUDES OR EXCLUDE RESTRICTS THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8NEGLIGENCE.

Limitations of Liability. UNDER NO CIRCUMSTANCES TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL EITHER PARTY NOT BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY EXEMPLARY, OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF LOST PROFITS OR REVENUESREVENUES OR DIMINUTION IN VALUE, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF NOT THE POSSIBILITY OF SUCH DAMAGESDAMAGES 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 NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. SAVE AS SPECIFIED 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 AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVERAGREEMENT, WHETHER IN ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITYNEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBTOTHERWISE, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE TOTAL OF THE AMOUNTS YOU PAID TO THE SELLER BY THE BUYER COMPANY FOR THE PRODUCTSERVICES SOLD HEREUNDER. EITHER WITHOUT LIMITING THE FOREGOING, THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGES DUE TO CONTENT, OMISSIONS OR ERRONEOUS DATA APPEARING IN CLIENT’S WEBSITE, BLOGS OR ON SOCIAL MEDIA.WE FURTHER DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY ACKNOWLEDGES AND AGREES PRODUCTS THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8YOU USE.

Limitations of Liability. UNDER (a) IN NO CIRCUMSTANCES SHALL EITHER PARTY EVENT WILL WE BE LIABLE WHETHER UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE AGREEMENTDCMS SERVICES, IN OR ANY CONTENT OR MATERIAL AVAILABLE THEREIN, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY STRICT LIABILITY, OR OTHERWISE, FOR ANY ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY ENHANCED, OR PUNITIVE LOSSES DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR DAMAGESLOST BUSINESS, OR ANY LOSS OF PROFITS OR PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDERDATA, OR BREACH OFOF DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR SERVICES, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN IN EACH CASE REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. (b) EXCEPT WITH REGARD TO THE PARTY’S OBLIGATIONS UNDER THIS AGREEMENT SECTION 10, IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE BUYER’S RIGHT DCMS SERVICES OR THESE TERMS OF TERMINATIONSERVICE UNDER ANY LEGAL OR EQUITABLE THEORY, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR NEGLIGENCE), STRICT LIABILITY) , OR OTHERWISE ARISING OUT OF OR EXCEED THE TOTAL AMOUNTS PAID TO PROVIDER UNDER THIS AGREEMENT IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, ONE (1) MONTH PERIOD PRECEDING THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, EVENT GIVING RISE TO THE FULL EXTENT PERMITTED BY APPLICABLE LAWCLAIM, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8$1,000, WHICHEVER IS LESS.

Limitations of Liability. UNDER TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL EITHER PARTY EVENT WILL THE CREATOR ENTITIES BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, A) FOR ANY INDIRECT, SPECIAL, INCIDENTAL EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR FOR EXEMPLARY LOSSES, ARISING OUT OF OR PUNITIVE LOSSES RELATED TO YOUR USE OR DAMAGESINABILITY TO USE THE PROJECT NFT OR THE NFT MEDIA), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE PROJECT NFTS AND NFT MEDIA OR THESE TERMS AND WHETHER IN CONTRACT, PRODUCT LIABILITY OR TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, EVEN IF THE CREATOR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY LOSS OF PROFITS OTHER CLAIM, DEMAND OR REVENUES, OR ANY COST OF LABOR, DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER THESE TERMS OR THE SELLER HAS BEEN ADVISED DELIVERY, USE OR PERFORMANCE OF THE POSSIBILITY PROJECT NFTS AND NFT MEDIA. THE MAXIMUM AGGREGATE LIABILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT CREATOR ENTITIES FOR ALL DAMAGES AND CAUSES OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVERACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE STRICT LIABILITY OR STRICT LIABILITYNEGLIGENCE) OR OTHERWISE ARISING OUT OTHERWISE, SHALL BE THE GREATER OF (I) $1,000 OR IN CONNECTION WITH DELAY (II) THE AMOUNT YOU PAID FOR YOUR PROJECT NFT. SOME JURISDICTIONS) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF ANY PRODUCT DELIVERY INCIDENTAL OR PART THEREOF. FOR CONSEQUENTIAL DAMAGES, SO THE AVOIDANCE OF DOUBT, THE BUYER ABOVE EXCLUSION OR LIMITATION MAY SEEK NOT APPLY TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8YOU.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER (a) IF ANY PARTY IS HELD OR FOUND TO BE LIABLE WHETHER IN THE TO ANY OTHER PARTY FOR ANY MATTER RELATING TO OR ARISING FROM ANY BREACH OF THIS LICENSE AGREEMENT, WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, NEGLIGENCE, TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, THE AMOUNT RECOVERABLE FROM THE BREACHING PARTY WILL NOT EXCEED $200,000 FOR EACH INCIDENT OR SERIES OF RELATED INCIDENTS GIVING RISE TO SUCH LIABILITY, PROVIDED THAT THIS SECTION 16.4(a) SHALL NOT APPLY TO ANY CLAIM FOR PAYMENT OF ROYALTIES UNDER SECTION 8 OR ANY CLAIM ARISING FROM A BREACH OF A REPRESENTATION OR WARRANTY BY CL, CXXXX, OR LINK RELATING TO CL’S TITLE TO, OR ABILITY TO LICENSE TO FRANKLINCOVEY, THE LICENSED MATERIALS. (b) IF ANY OF CL, CXXXX OR LINK IS HELD OR FOUND TO BE LIABLE TO ANY OTHER PARTY FOR ANY INDIRECTMATTER RELATING TO OR ARISING FROM ANY BREACH OF A REPRESENTATION OR WARRANTY BY ANY OF CL, SPECIAL, INCIDENTAL CXXXX OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGESLINK RELATING TO CL’S TITLE TO, OR ANY LOSS ABILITY TO LICENSE TO FRANKLINCOVEY, THE LICENSED MATERIALS, THE AMOUNT RECOVERABLE FROM THE BREACHING PARTY WILL NOT EXCEED THE CAP AMOUNT FOR EACH INCIDENT OR SERIES OF PROFITS OR REVENUESRELATED INCIDENTS GIVING RISE TO SUCH LIABILITY. AS USED IN THIS PARAGRAPH 16.4(b), OR ANY COST “THE CAP AMOUNT” SHALL MEAN THE AGGREGATE OF LABOR, RESULTING FROM OR ARISING OUT THE AMOUNTS (1) PAID BY THE BUYER TO THE SELLER UNDER SECTION 2.3(a) OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS PURCHASE AGREEMENT, EVEN IF (2) THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE EARNOUT PAID TO THE SELLER UNDER SECTION 2.8 OF THE PURCHASE AGREEMENT, AND (3) THE DIRECT COSTS AND DAMAGES INCURRED BY FRANKLINCOVEY IN CONNECTION WITH SUCH BREACH OF REPRESENTATION OR WARRANTY BY CL, CXXXX OR LINK RELATING TO CL’S TITLE TO, OR ABILITY TO LICENSE THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8LICENSED MATERIALS TO FXXXXXXX XXXXX.

Limitations of Liability. UNDER NO CIRCUMSTANCES CLIENT AGREES THAT GIA AND ITS EMPLOYEES AND AGENTS SHALL EITHER PARTY NOT BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIALCONSEQUENTIAL, INCIDENTAL INCIDENTAL, EXEMPLARY, PUNITIVE, STATUTORY, OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR SPECIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUESINCLUDING WITHOUT LIMITATION LOST PROFITS, OR ANY COST OF LABOR, RESULTING FROM WITH RESPECT TO OR ARISING OUT OF UNDER OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, RELATED TO THIS AGREEMENT, THE SERVICES OR A REPORT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED EXCEPT FOR GIA’S OBLIGATION TO PAY CLIENT THE INSURANCE PROCEEDS REFERENCED ABOVE, IN NO EVENT SHALL THE TOTAL, CUMULATIVE LIABILITY OF GIA EXCEED THE PRICE OF THE SERVICES PROVIDED BY GIA UNDER THIS AGREEMENT TO CLIENT FOR WHICH LIABILITY ARISES. THE BUYER’S RIGHT LIMITATIONS ON LIABILITY IN THIS AGREEMENT (i) SHALL APPLY TO ANY CLAIMS AND CAUSES OF TERMINATIONACTION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN UNDER ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVERTHEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE WITHOUT LIMITATION NEGLIGENCE), INDEMNITY, OR STRICT LIABILITYOTHERWISE; AND (ii) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK SHALL BE DEEMED TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, APPLY TO THE FULL MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH IN THIS AGREEMENT. CLIENT AGREES THAT XXX IS NOT OBLIGATED TO DEFEND, IN NO EVENT SHALL THE SELLER’S LIABILITY INDEMNIFY, OR HOLD CLIENT HARMLESS IN CONNECTION WITH ANY THIRD PARTY CLAIMS, SUITS, OR ACTIONS BROUGHT AGAINST CLIENT, INCLUDING WITHOUT LIMITATION CLAIMS BROUGHT BY ANY ARTICLE OWNER, PURCHASER, OR DOWNSTREAM PURCHASER. THE PRODUCT OR THIS AGREEMENT EXCEED PARTIES HAVE FULLY CONSIDERED THE PRICE PAID TO FOREGOING ALLOCATION OF RISK AND THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT AND FIND SUCH ALLOCATION AND REMEDIES TO BE REASONABLE, AND AGREE THAT THE FOREGOING LIMITATION AND THE OTHER LIMITATIONS IN THIS AGREEMENT ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THIS SECTION SHALL NOT OPERATE IN SUCH A WAY AS TO LIMIT GIA’S LIABILITY FOR GIA’S ACTS OR EXCLUDE THE OMISSIONS FOR WHICH LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8MAY NOT BE LIMITED UNDER APPLICABLE LAW.

Limitations of Liability. EXCEPT FOR (1) THE INDEMNITY OBLIGATIONS IN THIS AGREEMENT, (2) THE CONFIDENTIALITY OBLIGATIONS IN SECTION D, OR (3) LIABILITY DUE TO PERSONAL INJURY OR DEATH CAUSED BY NEGLIGENCE (OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW), XXXXXXXXXXXXXXX.XXX’S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL BE LIMITED TO (X) IN THE CASE OF A SUBSCRIPTION AGREEMENT FOR HUBBLE SOFTWARE OR HUBBLE SERVICES, THE AMOUNT OF THE FEES PAID BY CUSTOMER TO XXXXXXXXXXXXXXX.XXX OR ITS AUTHORIZED RESELLER FOR THE TWELVE MONTHS PRECEDING THE RELEVANT ACT OR OMISSION AND, IN THE AGGREGATE, THE TOTAL AMOUNTS PAID BY CUSTOMER UNDER THIS AGREEMENT, AND (Y) IN ALL OTHER CASES, THE AMOUNT OF FEES PAID BY CUSTOMER TO XXXXXXXXXXXXXXX.XXX OR ITS AUTHORIZED RESELLER FOR THE RELEVANT HUBBLE SOFTWARE OR SUPPORT SERVICES GIVING RISE TO THE LIABILITY. EXCEPT FOR A BREACH OF THE CONFIDENTIALITY OBLIGATIONS IN SECTION D OR ANY BREACH OF XXXXXXXXXXXXXXX.XXX’S INTELLECTUAL PROPERTY RIGHTS, IN NO CIRCUMSTANCES EVENT SHALL EITHER PARTY BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR NOR ANY DAMAGES FOR LOSS OF PROFITS GOODWILL, PROFITS, DATA, (OR REVENUESUSE THEREOF), OR ANY COST OF LABOR, RESULTING FROM OR BUSINESS INTERRUPTION ARISING OUT OF EITHER PARTY’S ACT OR FAILURE TO ACT, WHETHER SUCH DAMAGES ARE LABELED IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDERTORT, CONTRACT, OR BREACH OF, THIS AGREEMENTOTHERWISE, EVEN IF THE BUYER OR THE SELLER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS PURPOSES OF THIS AGREEMENT, ANY DAMAGES, FINES OR EQUITABLE REMEDIES PAYABLE TO THIRD PARTIES (INCLUDING AMOUNTS DUE UNDER AN INDEMNIFICATION OBLIGATION SET FORTH HEREIN) SHALL BE CONSTRUED AS DIRECT DAMAGES. NOTHING THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY EXCLUSIVE REMEDY IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE FAILS OF ITS ESSENTIAL PURPOSE. The allocations of liability in this Section E represent the agreed and bargained for understanding of the parties and each party’s compensation hereunder reflects such allocations. XXXXXXXXXXXXXXX.XXX’S THIRD PARTY SUPPLIERS DISCLAIM ANY AND ALL DIRECT LIABILITY TO CUSTOMER AND ITS AFFILIATES UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8DATA AND OTHER SUCH DAMAGES.

Limitations of Liability. UNDER TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL EITHER PARTY EVENT WILL THE CREATOR ENTITIES BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, A) FOR ANY INDIRECT, SPECIAL, INCIDENTAL EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR FOR EXEMPLARY LOSSES, ARISING OUT OF OR PUNITIVE LOSSES RELATED TO YOUR USE OR DAMAGESINABILITY TO USE THE PROJECT NFT OR THE LICENSED MEDIA AND LORE), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE PROJECT NFTS AND LICENSED MEDIA AND LORE OR THESE TERMS AND WHETHER IN CONTRACT, PRODUCT LIABILITY OR TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, EVEN IF THE CREATOR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY LOSS OF PROFITS OTHER CLAIM, DEMAND OR REVENUES, OR ANY COST OF LABOR, DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER THESE TERMS OR THE SELLER HAS BEEN ADVISED DELIVERY, USE OR PERFORMANCE OF THE POSSIBILITY PROJECT NFTS AND LICENSED MEDIA AND LORE. THE MAXIMUM AGGREGATE LIABILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT CREATOR ENTITIES FOR ALL DAMAGES AND CAUSES OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVERACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE STRICT LIABILITY OR STRICT LIABILITYNEGLIGENCE) OR OTHERWISE ARISING OUT OTHERWISE, SHALL BE THE GREATER OF (I) $1,000 OR IN CONNECTION WITH DELAY (II) THE AMOUNT YOU PAID FOR YOUR PROJECT NFT. SOME JURISDICTIONS) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF ANY PRODUCT DELIVERY INCIDENTAL OR PART THEREOF. FOR CONSEQUENTIAL DAMAGES, SO THE AVOIDANCE OF DOUBT, THE BUYER ABOVE EXCLUSION OR LIMITATION MAY SEEK NOT APPLY TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8YOU.

Limitations of Liability. UNDER NO CIRCUMSTANCES a. SPECTRAL ILLUSIONS SHALL EITHER PARTY NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES, INCLUDING THE COST OF COVER, ARISING UNDER THIS AGREEMENT OR OUT OF OR RELATED TO THE LICENSE, YOUR OR ANY OF YOUR REPRESENTATIVES’ USE OR EXPLOITATION OF CONTENT, THE WEBSITE OR THE CONTENT INFORMATION, ANY SERVICES PROVIDED BY US OR THE RESULTS FROM THE USE THEREOF OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES, WHETHER IN THE AGREEMENTACTION IS BASED ON CONTRACT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, . b. THESE LIMITS APPLY EVEN IF THE BUYER OR THE SELLER HAS WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT YOU ACKNOWLEDGE AND AGREE THAT (i) THE BUYER’S RIGHT FEES FOR THE USE OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE CONTENT REFLECT AND EXCLUSIVE REMEDY FOR DELAY ARE SET IN ANY PRODUCT DELIVERY OR PART THEREOF RELIANCE UPON THE ALLOCATION OF RISK AND THE SELLER SHALL HAVE NO FURTHER LIMITATIONS OF LIABILITY WHATSOEVER, WHETHER SET FORTH IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT AND (ii) THE LIMITATIONS OF LIABILITY HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. NOTWITHSTANDING ANYTHING CONTAINED HEREINELSE IN THIS OR ANY OTHER AGREEMENT, SPECTRAL ILLUSIONS SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR LOSSES ARISING AS A RESULT OF PARTICULAR MODIFICATIONS MADE TO THE FULL EXTENT PERMITTED CONTENT BY APPLICABLE LAWYOU, ANY OF YOUR REPRESENTATIVES OR ANY THIRD PARTY AFTER THE CONTENT IS DOWNLOADED OR THE PARTICULAR CONTEXT IN NO EVENT SHALL WHICH THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8CONTENT IS USED. c. No action, regardless of form, arising out of the License, or under this Agreement may be brought by you more than one year after the cause of action has accrued.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE WHETHER THE PARTIES CONFIRM THAT THE EXPRESS REMEDIES AND MEASURES OF DAMAGES PROVIDED IN THE AGREEMENTCONTRACT SATISFY THE ESSENTIAL PURPOSES HEREOF. FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY SUCH EXPRESS REMEDY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS MEASURE OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY, THE OBLIGOR'S LIABILITY SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN, THE OBLIGOR'S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE DAMAGES. UNLESS EXPRESSLY HEREIN PROVIDED, NEITHER PARTY SHALL BE LIABLE FOR DELAY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH LIABILITIES ARISE AS A RESULT OF A THIRD PARTY CLAIM FOR WHICH INDEMNIFICATION IS OWED UNDER THE RFP, OR ARISE AS A RESULT OF A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT (TO THE EXTENT SUCH DAMAGES ARE AUTHORIZED AGAINST DOC UNDER APPLICABLE LAW). TO THE EXTENT ANY PRODUCT DELIVERY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR PART THEREOF IMPOSSIBLE TO DETERMINE, OR OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE SELLER DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE HARM OR LOSS. THE PARTIES AGREE THAT (1) IN THE EVENT THAT ANY TAX CREDITS CLAIMED OR RECEIVED BY CONTRACTOR (OR ITS TAX INVESTORS) WITH RESPECT TO THE SYSTEM ARE RECAPTURED, THE RECAPTURED AMOUNT SHALL HAVE NO FURTHER LIABILITY WHATSOEVERBE DEEMED TO BE DIRECT AND NOT INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER AND (2) IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT THE EVENT THAT A BREACH OF OR IN CONNECTION WITH DELAY THE CONTRACT CAUSES CONTRACTOR TO LOSE THE BENEFIT OF ANY PRODUCT DELIVERY ENVIRONMENTAL ATTRIBUTES OR PART THEREOF. FOR THE AVOIDANCE OF DOUBTANY ENVIRONMENTAL INCENTIVES, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL AMOUNT OF SUCH ENVIRONMENTAL ATTRIBUTES OR ENVIRONMENTAL INCENTIVES SHALL BE DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT AND NOT INDIRECT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8CONSEQUENTIAL DAMAGES.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY (a) TO THE FULLEST EXTENT PERMITTED BY LAW, NEEDWORKING WILL NOT BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE PRODUCT SERVICES, UNDER ANY LEGAL OR SELLER’S PERFORMANCE UNDEREQUITABLE THEORY, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OF OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, CORRUPTION, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OFOF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT PRODUCTS OR SERVICES, THIS AGREEMENTIN EACH CASE REGARDLESS OF WHETHER NEEDWORKING WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. (b) IN NO EVENT WILL NEEDWORKING’S AGGREGATE LIABILITY ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE, THE SERVICES UNDER ANY LEGAL OR EQUITABLE THEORY, EXCEED THE AMOUNT OF FEES PAID FOR USE OF THE SERVICES PURSUANT TO THESE TERMS OF USE IN THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM. TO THE EXTENT THAT THE FEES WERE PAID ON AN ANNUAL BASIS, THE AMOUNT OF FEES PAID WILL BE PRORATED TO THE EQUIVALENT AMOUNT OF THE FEES PAID OVER A THREE-MONTH PERIOD PRECEDEING THE EVENT GIVING RISE TO THE CLAIM. EVEN IF THE BUYER OR THE SELLER HAS BEEN NEEDWORKING ADVISED YOU OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THE FOREGOING LIMITATIONS APPLY, EVEN IF THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE FAILS ITS ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8PURPOSE.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY ARCHON CLOUD AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL CONSEQUENTIAL OR CONSEQUENTIAL EXEMPLARY DAMAGES OR (INCLUDING DAMAGES FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGESLOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENTDATA), EVEN IF THE BUYER OR THE SELLER HAS WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER(WHETHER SUCH CLAIM IS BASED ON WARRANTY, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, 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 Archon Cloud Gateway, INCLUDING NEGLIGENCE AS A RESULT OF ANY (I) TERMINATION OR STRICT LIABILITY) SUSPENSION OF THIS AGREEMENT OR OTHERWISE ARISING OUT YOUR USE OF OR ACCESS TO THE Archon Cloud Gateway, (II) OUR DISCONTINUATION OF ANY OR ALL OF ARCHON CLOUD GATEWAY, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE ARCHON CLOUD GATEWAY LEVEL AGREEMENT, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE Archon Cloud Gateway FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH DELAY THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE ARCHON CLOUD GATEWAY; OR (D) ANY PRODUCT DELIVERY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR PART THEREOFTHE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. ARCHON CLOUD AND ITS AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAY ARCHON CLOUD UNDER THIS AGREEMENT FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, ARCHON CLOUD GATEWAY THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, GAVE RISE TO THE FULL EXTENT PERMITTED BY APPLICABLE LAWCLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE. IF ARCHON CLOUD GATEWAY (OR ANY OTHER ARCHON CLOUD PRODUCT) IS PROVIDED TO YOU WITHOUT CHARGE, THEN ARCHON CLOUD WILL HAVE NO LIABILITY TO YOU WHATSOEVER. IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT WILL ARCHON CLOUD BE LIABLE TO YOU OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER ANY THIRD PARTY FOR DEATH ANY COST TO PROCURE SUBSTITUTE SERVICES, YOUR CONTENT (WHETHER LOST OR PERSONAL DAMAGED) OR THE COST OF RETRIEVING ANY OF YOUR LOST CONTENT. UNDER NO CIRCUMSTANCES WILL ARCHON CLOUD BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM ITS NEGLIGENCE HACKING, TAMPERING OR FOR FRAUDULENT MISREPRESENTATIONOTHER UNAUTHORIZED ACCESS OR USE OF THE ARCHON CLOUD GATEWAY, YOUR CUSTOMER ACCOUNT OR YOUR CONTENT. 8YOU EXPRESSLY RECOGNIZE AND ACKNOWLEDGE THAT THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION ARE AN ESSENTIAL PART OF THE AGREEMENT AND AN ESSENTIAL FACTOR IN ESTABLISHING THE PRICE OF ARCHON CLOUD GATEWAY. THE FOREGOING DISCLAIMERS AND LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW AND NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY PROVIDED IN THIS AGREEMENT.

Limitations of Liability. UNDER IN NO CIRCUMSTANCES SHALL EITHER PARTY EVENT WILL FOUNDATION (INCLUDING ITS SUBSIDIARIES, ITS PARENT AND SUBSIDIARIES OF ITS PARENT, ITS SERVICE PROVIDERS AND LICENSORS, AND THE EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS THEREOF) BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR INCIDENTAL, EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF DAMAGES UNDER THIS AGREEMENT OR IN CONNECTION WITH ANY SERVICES PROVIDED BY FOUNDATION HEREUNDER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR DISTRICT'S MISUSE OF THE PRODUCT OR SELLER’S PERFORMANCE UNDERCALIFORNIA COLLEGES WEBSITE, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR BREACH OFOTHER PECUNIARY LOSS ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, THIS AGREEMENTDATA OR ANY OUTPUT, EVEN IF THE BUYER OR THE SELLER FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES AND EVEN IF AVAILABLE REMEDIES ARE FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. SAVE AS SPECIFIED UNDER THE TOTAL LIABILITY, IF ANY, OF FOUNDATION (INCLUDING ITS SUBSIDIARIES, ITS PARENT AND SUBSIDIARIES OF ITS PARENT, ITS SERVICE PROVIDERS AND LICENSORS, AND THE EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS THEREOF) IN THE AGGREGATE OVER THE TERM OF THIS AGREEMENT THE BUYER’S RIGHT SAMPLE FOR ALL CLAIMS, CAUSES OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY ACTION OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER SOUNDING IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF UNDER OR IN CONNECTION WITH DELAY ANY WAY RELATED TO THIS AGREEMENT AND/OR THE SERVICES PROVIDED HEREUNDER (COLLECTIVELY, “CLAIMS’), SHALL BE LIMITED TO THE DISTRICT’S DIRECT DAMAGES, ACTUALLY INCURRED. NOTWITHSTANDING THE FOREGOING, FOUNDATION’S SOLE OBLIGATION IN THE EVENT OF AN ERROR BY FOUNDATION IN THE PERFORMANCE OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN SERVICES UNDER THIS AGREEMENT SHALL LIMIT BE LIMITED TO REPROCESSING APPLICABLE DATA OR EXCLUDE REPERFORMING THE SERVICES. FOUNDATION (INCLUDING ITS SUBSIDIARIES, ITS PARENT AND SUBSIDIARIES OF ITS PARENT, ITS SERVICE PROVIDERS AND LICENSORS, AND THE EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS THEREOF) SHALL HAVE NO LIABILITY, EXPRESS OR IMPLIED, WHETHER ARISING UNDER CONTRACT, TORT OR OTHERWISE, FOR ANY CLAIM OR DEMAND: (A) RESULTING DIRECTLY OR INDIRECTLY FROM FOUNDATION’S INTERNAL OPERATIONS, EQUIPMENT, SYSTEMS OR SOFTWARE OWNED OR LICENSED BY FOUNDATION; OR (B) BY THIRD PARTIES, EVEN IF FOUNDATION WAS ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DEMANDS, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN. DISTRICT ACKNOWLEDGES THAT FOUNDATION HAS SET ITS FEES, IF ANY, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8WARRANTIES AND DAMAGES SET FORTH IN THIS AGREEMENT, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

Limitations of Liability. UNDER IN NO CIRCUMSTANCES SHALL EITHER PARTY EVENT WILL PROVIDER BE LIABLE WHETHER UNDER OR IN THE AGREEMENTCONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, IN INCLUDING BREACH OF CONTRACT, TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY STRICT LIABILITY, OR OTHERWISE, FOR ANY ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY ENHANCED, OR PUNITIVE LOSSES DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR DAMAGESLOST BUSINESS, OR ANY LOSS OF PROFITS OR PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDERDATA, OR BREACH OFOF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN IN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. SAVE AS SPECIFIED UNDER IN NO EVENT WILL PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT THE BUYER’S RIGHT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR NEGLIGENCE), STRICT LIABILITY) , OR OTHERWISE ARISING OUT OF OR EXCEED THE TOTAL AMOUNTS PAID AND AMOUNTS ACCRUED BUT NOT YET PAID TO PROVIDER UNDER THIS AGREEMENT IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, TWELVE (12) MONTH PERIOD PRECEDING THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, EVENT GIVING RISE TO THE FULL EXTENT PERMITTED BY APPLICABLE LAWCLAIM OR $500, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCTWHICHEVER IS LESS. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENTYou agree that the limitations of liability set forth in this Section 5 shall be effective despite any failure of consideration or of an exclusive remedy. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATIONYou acknowledge that the Services fees (if any) have been set and these Terms are accepted by Provider in reliance upon these limitations of liability and that these limitations form an essential basis of the bargain between the parties. 8Certain states and/or jurisdictions do not allow the limitation of liability for incidental, consequential, or certain other types of damages, so certain exclusions and limitations set forth in this Section 5 may not apply to you.

Limitations of Liability. UNDER NO CIRCUMSTANCES a. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ARTICLE 6 (e), CARRIER SHALL EITHER PARTY NOT BE LIABLE WHETHER IN THE AGREEMENTFOR INJURY, IN TORT (INCLUDING GROSS NEGLIGENCE)DEATH, UNDER ANY WARRANTY ILLNESS, DAMAGE, DELAY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OTHER LOSS TO PERSON OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGESPROPERTY, OR ANY LOSS OTHER CLAIM BY ANY PASSENGER CAUSED BY ACT OF PROFITS GOD, WAR, TERRORISM, CIVIL COMMOTION, LABOR TROUBLE, GOVERNMENT INTERFERENCE, PERILS OF THE SEA, FIRE, THEFTS OR REVENUESANY OTHER CAUSE BEYOND CARRIER'S REASONABLE CONTROL, OR ANY COST ACT NOT SHOWN TO BE CAUSED BY CARRIER'S NEGLIGENCE. b. PASSENGER AGREES TO SOLELY ASSUME THE RISK OF LABORINJURY, RESULTING FROM DEATH, ILLNESS OR ARISING OUT OTHER LOSS, AND CARRIER IS NOT RESPONSIBLE FOR PASSENGER'S USE OF ANY ATHLETIC OR IN CONNECTION WITH RECREATIONAL EQUIPMENT; OR FOR THE PRODUCT NEGLIGENCE OR SELLER’S PERFORMANCE UNDERWRONGDOING 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 BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY SHORE EXCURSION, TOUR OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, ACTIVITY. x. XXXXXXX HEREBY DISCLAIMS ALL LIABILITY TO THE FULL EXTENT PERMITTED 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 PHYSICAL INJURY TO THE PASSENGER, NOR THE RESULT OF PASSENGER HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY, NOR WERE INTENTIONALLY INFLICTED BY APPLICABLE LAWTHE CARRIER. 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 BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS, IMMUNITIES AND RIGHTS APPLICABLE TO IT UNDER THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID “ATHENS CONVENTION RELATING TO THE SELLER CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA” OF 1974, AS WELL AS THE BUYER FOR “PROTOCOL TO THE PRODUCTATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA” OF 1976 (“ATHENS CONVENTION”). EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE ATHENS CONVENTION LIMITS THE CARRIER'S LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING 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 ITS NEGLIGENCE 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 FRAUDULENT MISREPRESENTATIONDEATH 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. 8) 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 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 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 THIS REGULATION INCLUDE: SHIPWRECK, CAPSIZING, COLLISION OR STRANDING OF THE SHIP, EXPLOSION OR FIRE IN THE SHIP OR DEFECT IN THE SHIP BUT DOES INCLUDING ACTS OF WAR, HOSTILITIES, CIVIL WAR, INSURRECTION, NATURAL DISASTERS OR INTENTIONAL 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.xxx. f. AS TO ALL OTHER CRUISES NOT DESCRIBED ABOVE IN SECTION 11.D or 11.E, ALL THE RESTRICTIONS, EXEMPTIONS FROM, AND LIMITATIONS OF LIABILITY PROVIDED IN, OR AUTHORIZED BY THE LAWS OF THE UNITED STATES SHALL APPLY, INCLUDING BUT NOT LIMITED TO, TITLE 46 OF THE UNITED STATES CODE §§ 30501 THROUGH 30509, AND 30511. EXCEPT AS OTHERWISE SET FORTH, THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE GENERAL MARITIME LAW OF THE UNITED STATES OF AMERICA.

Limitations of Liability. UNDER NO CIRCUMSTANCES a) CARRIER SHALL EITHER PARTY NOT BE LIABLE WHETHER IN THE AGREEMENTFOR INJURY, IN TORT (INCLUDING GROSS NEGLIGENCE)DEATH, UNDER ANY WARRANTY ILLNESS, DAMAGE, DELAY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OTHER LOSS TO PERSON OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGESPROPERTY, OR ANY LOSS OTHER CLAIM BY ANY PASSENGER CAUSED BY ACT OF PROFITS GOD, WAR, TERRORISM, CIVIL COMMOTION, LABOR TROUBLE, GOVERNMENT INTERFERENCE, PERILS OF THE SEA, FIRE, THEFTS OR REVENUESANY OTHER CAUSE BEYOND CARRIER'S REASONABLE CONTROL, OR ANY COST ACT NOT SHOWN TO BE CAUSED BY CARRIER'S NEGLIGENCE. b) PASSENGER AGREES TO SOLELY ASSUME THE RISK OF LABORINJURY, RESULTING FROM DEATH, ILLNESS OR ARISING OUT OTHER LOSS, AND CARRIER IS NOT RESPONSIBLE FOR PASSENGER'S USE OF ANY ATHLETIC OR IN CONNECTION WITH RECREATIONAL EQUIPMENT; OR FOR THE PRODUCT NEGLIGENCE OR SELLER’S PERFORMANCE UNDERWRONGDOING 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 BREACH OF, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY SHORE EXCURSION, TOUR OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, ACTIVITY. c) CARRIER HEREBY DISCLAIMS ALL LIABILITY TO THE FULL EXTENT PERMITTED 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 PHYSICAL INJURY TO THE PASSENGER, NOR THE RESULT OF PASSENGER HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY, NOR WERE INTENTIONALLY INFLICTED BY APPLICABLE LAWTHE CARRIER. 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 NEITHER XXXXXX, DISEMBARK NOR CALL AT ANY PORT IN THE UNITED STATES, CARRIER SHALL BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS, IMMUNITIES AND RIGHTS APPLICABLE TO IT UNDER THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID “ATHENS CONVENTION RELATING TO THE SELLER CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA” OF 1974, AS WELL AS THE BUYER FOR “PROTOCOL TO THE PRODUCTATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA” OF 1976 (“ATHENS CONVENTION”). EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE ATHENS CONVENTION LIMITS THE CARRIER'S LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING TO A PASSENGER TO NO MORE THAN 46,666 SPECIAL DRAWING RIGHTS AS DEFINED THEREIN (APPROXIMATELY U.S. $70,000, 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 ITS NEGLIGENCE AND LIMITATIONS OF LIABILITY PROVIDED IN OR FOR FRAUDULENT MISREPRESENTATION. 8AUTHORIZED BY THE LAWS OF THE UNITED STATES (INCLUDING TITLE 46, UNITED STATES CODE SECTIONS 30501 THROUGH 30509 AND 30511) WILL APPLY.

Limitations of Liability. 16.1 THE SUPPLIER SHALL BE UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE WHETHER LIABILITY UNDER THE WARRANTY IN CONDITION 11 IN RESPECT OF PARTS OF THE AGREEMENTDELIVERABLES NOT MANUFACTURED BY THE SUPPLIER, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH WHICH CASE THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, EVEN IF CUSTOMER SHALL ONLY BE ENTITLED TO THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY BENEFIT OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR SUCH WARRANTY AS IS GIVEN BY THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, MANUFACTURER TO THE FULL SUPPLIER. 16.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL UNDER ANY CIRCUMSTANCES WHATSOEVER AND HOWSOEVER CAUSED, WHETHER ARISING UNDER STATUTE OR ARISING IN NO EVENT SHALL OR FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, BE LIABLE TO THE SELLER’S OTHER PARTY FOR ANY TRADING LOSSES, LOSS OF INCOME, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF PRODUCTION, BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF REPUTATION, LOSS OF ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA OR INFORMATION, OR FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND IN EACH CASE HOWSOEVER ARISING, WHETHER SUCH LOSS OR DAMAGE WAS FORESEEABLE OR IN THE CONTEMPLATION OF THE PARTIES. 16.3 THE MAXIMUM LIABILITY OF THE SUPPLIER TO THE CUSTOMER UNDER OR IN CONNECTION WITH THE PRODUCT AGREEMENT (INCLUDING WITHOUT LIMITATION FOR ANY DEFECT AND/OR THIS AGREEMENT DELAY AND/OR ANY BREACH OF AGREEMENT) WHETHER ARISING UNDER STATUTE, OR ARISING IN OR FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) BREACH OF STATUTORY DUTY, INDEMNITY OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED 125% OF THE TOTAL PRICE PAID TO THE SELLER OR PAYABLE BY THE BUYER CUSTOMER FOR THE PRODUCTRELEVANT DELIVERABLES UNDER THE AGREEMENT. 16.4 To the extent required by applicable law, nothing in the Agreement shall limit or exclude liability for (i) gross negligence; (ii) willful misconduct; (iii) fraud or fraudulent misrepresentation; (iv) death or personal injury; or (v) any other liability to the extent the same may not be excluded or limited as a matter of law. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8No provision of the Agreement will adversely affect the rights of the Customer if it is deemed a “consumer” by applicable law.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER NOTWITHSTANDING ANYTHING TO THE CONTRARY, AND TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, NEITHER PARTY BE LIABLE WHETHER IN THE AGREEMENTNOR THEIR RESPECTIVE AFFILIATES, IN TORT (INCLUDING GROSS NEGLIGENCE)EMPLOYEES, CONTRACTORS, SHAREHOLDERS OR AGENTS WILL, UNDER ANY WARRANTY OR OTHERWISECIRCUMSTANCES, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL EXEMPLARY DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED SUCH PARTY IS APPRISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGESDAMAGES OCCURRING. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYERNO CIRCUMSTANCES WILL EITHER PARTY OR THEIR RESPECTIVE AFFILIATES, EMPLOYEES, CONTRACTORS, SHAREHOLDERS OR AGENTS’S RIGHT TOTAL LIABILITY OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ALL KINDS ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK RELATED TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE TOTAL AMOUNT PAID BY CUSTOMER TO APPEN UNDER THE SELLER APPLICABLE SOW 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 BUYER BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT CUSTOMER'S AND ITS AFFILIATES’ PAYMENT OBLIGATIONS UNDER THE “FEES AND PAYMENT” SECTION ABOVE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; THUS, THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING ABOVE LIMITATION MAY NOT APPLY IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8SUCH JURISDICTIONS.

Limitations of Liability. UNDER NOTWITHSTANDING ANYTHING TO THE CONTRARY EXPRESSED OR IMPLIED HEREIN: a. IN NO CIRCUMSTANCES EVENT SHALL EITHER PARTY TRUCE BE LIABLE TO CUSTOMER OR ANY OF CUSTOMER’S USERS, ADMINISTRATORS OR ANY OTHER EMPLOYEE, CONTRACTOR, AGENT OR OTHER PERSONNEL (THE “CUSTOMER PARTIES”) FOR ANY OF THE FOLLOWING, WHETHER IN TRUCE KNEW OR SHOULD HAVE KNOWN OF THE AGREEMENT, IN TORT POSSIBILITY OF SUCH DAMAGES: (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR 1) ANY INDIRECT, SPECIAL, INCIDENTAL CONSEQUENTIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, INCLUDING LOST PROFITS AND LOST SAVINGS; (2) ANY CLAIM ASSERTED BY ANY THIRD PARTY (EXCEPT FOR THIRD PARTY CLAIMS SUBJECT TO TRUCE’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 15); (3) TO THE EXTENT ALLOWED BY APPLICABLE LAW, ANY CLAIMS OR DAMAGES RESULTING FROM DEATH OF OR INJURY TO ANY OF THE CUSTOMER PARTIES OR ANY LOSS OF PROFITS OTHER PERSON OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ENTITY ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDERINSTALLATION, USE, IMPROPER USE, OR BREACH OFINABILITY TO USE THE TRUCE SYSTEM; AND, (4) ANY LEGAL FEES OR OTHER EXPENSES RELATED THERETO (EXCEPT FOR THIRD PARTY CLAIMS SUBJECT TO TRUCE’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 15). b. THE TOTAL LIABILITY OF TRUCE TO THE CUSTOMER PARTIES WILL BE LIMITED TO THE LESSER OF (i) CUSTOMER’S ACTUAL DIRECT DAMAGES, IF ANY OR (ii) THE CUMULATIVE PAYMENTS ACTUALLY RECEIVED BY TRUCE FROM CUSTOMER PURSUANT TO THIS AGREEMENT, AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE; PROVIDED THAT THE FOREGOING LIMITATION ON LIABILITY SHALL NOT APPLY TO TRUCE’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 15 BELOW. c. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY ARE AN ESSENTIAL CONDITION OF THE POSSIBILITY AGREEMENT. d. THE LIMITATIONS SET FORTH IN THIS SECTION 14 SHALL APPLY REGARDLESS OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT FORM, NATURE OR TYPE OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN CLAIM OR CAUSE OF ACTION ASSERTED BY ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVERCUSTOMER PARTY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF OTHERWISE, AND SHALL SURVIVE ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS TERMINATION OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE , REGARDLESS OF THE LIABILITY OF EITHER PARTY REASON FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8SUCH TERMINATION. e. Notwithstanding the foregoing, the parties acknowledge that, in some jurisdictions, applicable law does not allow the exclusion or limitation of incidental, consequential or special damages, the exclusion of implied warranties, or limitations on how long a given warranty may last, so some of the above limitations may not apply.

Limitations of Liability. UNDER NO CIRCUMSTANCES TO THE FULLEST EXTENT PERMITTED BY LAW, SELLER’S TOTAL LIABILITY TO BUYER, BUYER’S CUSTOMERS, OR TO ANY OTHER PERSON, RELATING TO ANY PURCHASES AND/OR PRODUCT GOVERNED BY THIS AGREEMENT, FROM THE USE OF THE PRODUCT FURNISHED, OR FROM ANY ADVICE, INFORMATION OR ASSISTANCE PROVIDED BY SELLER (BY ANY METHOD, INCLUDING A WEBSITE), IS LIMITED TO THE PRICE OF THE PRODUCT GIVING RISE TO THE CLAIM. SELLER SHALL EITHER PARTY NOT BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, DIRECT, CONSEQUENTIAL OR CONSEQUENTIAL PENAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES(INCLUDING, OR ANY WITHOUT LIMITATION, BACK-CHARGES, LABOR COSTS, COSTS OF REMOVAL, REPLACEMENT, TESTING, LOSS OF BUSINESS, LOSS OF PROFITS OR REVENUES, OR ANY COST LOSS OF LABOR, RESULTING FROM OR ARISING OUT USE OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDERANY ASSOCIATED GOODS, DAMAGE TO ASSOCIATED GOODS, LATENESS OR DELAYS IN DELIVERY, UNAVAILABILITY OF PRODUCT, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCT, FACILITIES OR SERVICES, DOWNTIME, OR BREACH OFCLAIMS FROM BUYER’S CUSTOMERS OR OTHER PARTIES). IF SELLER FURNISHES BUYER WITH ADVICE OR OTHER ASSISTANCE WHICH CONCERNS ANY PRODUCT SUPPLIED HEREUNDER, OR ANY OTHER PRODUCT OR GOOD IN WHICH ANY SUCH PRODUCT MAY BE PLACED OR TO WHICH SUCH PRODUCT MAY BE COMBINED, AND WHICH IS NOT REQUIRED PURSUANT TO THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY FURNISHING OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ADVICE OR ASSISTANCE WILL NOT SUBJECT SELLER TO ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVERLIABILITY, WHETHER IN BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITYNEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOFOTHER GROUNDS. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8In no event shall Seller by liable to Buyer for any claims first asserted to or against Seller arising more than twelve (12) months following the Inspection Date (as defined herein above).

Limitations of Liability. UNDER (a) IN NO CIRCUMSTANCES SHALL EITHER PARTY EVENT WILL PROVIDER BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT THIS AGREEMENT UNDER ANY LEGAL OR SELLER’S PERFORMANCE UNDEREQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OFOF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN IN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. (b) IN NO EVENT WILL PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT THE BUYER’S RIGHT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING INDEMNIFICATION OBLIGATIONS, BREACH OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR NEGLIGENCE), STRICT LIABILITY) , OR OTHERWISE ARISING OUT OF OR EXCEED AT ANY POINT IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR TIME THE AVOIDANCE OF DOUBT, AMOUNT PAID BY CUSTOMER TO PROVIDER IN THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, PRIOR PERIOD TERM RELATED TO THE FULL APPLICABLE ORDER FORM GIVING RISE TO THE CLAIM. (c) CUSTOMER ACKNOWLEDGES THAT THE TERMS IN THIS SECTION 10 (LIMITATIONS OF LIABILITY) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT LAW AND SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT APPLY EVEN IF AN EXCLUSIVE OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS LIMITED REMEDY STATED HEREIN FAILS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ITS ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8PURPOSE.

Limitations of Liability. UNDER NO CIRCUMSTANCES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CODEX DNA SHALL EITHER PARTY NOT BE LIABLE WHETHER IN THE AGREEMENTUNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, INDEMNIFICATION, STRICT LIABILITY IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER OR WARRANTY OF ANY WARRANTY OR OTHERWISE, KIND) FOR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, PUNITIVE, MULTIPLE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES(INCLUDING BUT NOT LIMITED TO COSTS OF COVER, OR ANY LOST PROFITS, LOST DATA, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF PROFITS DUE TO INSTRUMENT DOWN TIME OR REVENUESLOSS OF REVENUE) THAT CUSTOMER MIGHT INCUR UNDER THE AGREEMENT, OR ANY COST OF LABOR, RESULTING THAT MAY ARISE FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, PRODUCTS EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED CODEX DNA HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT CODEX DNA WILL NOT BE LIABLE FOR ANY LOSS OR INJURY THAT IS THE BUYER’S RIGHT RESULT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN FAILURE OF ANY PRODUCT DELIVERY TO PERFORM IN ACCORDANCE WITH ITS SPECIFICATIONS. WITHOUT LIMITING THE FOREGOING, THE TOTAL CUMULATIVE LIABILITY OF CODEX DNA IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ANY PRODUCTS SOLD AND/OR PART THEREOF AND ANY SERVICES RENDERED HEREUNDER, THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVEROF CODEX DNA UNDER ITS INDEMNIFICATION OBLIGATIONS, WHETHER OR A BREACH BY CODEX DNA HEREOF OR FAILURE TO PERFORM IN CONTRACT, TORT (INCLUDING NEGLIGENCE TORT, WARRANTY, OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OTHERWISE, WILL NOT EXCEED THE AMOUNT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FEES CUSTOMER ACTUALLY PAID TO CODEX DNA FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, SPECIFIC PRODUCT THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, GAVE RISE TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLAIM(S). THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY CUSTOMER ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND THESE LIMITATIONS OF LIABILITIES LIABILITY REFLECT THE ALLOCATION OF RISK SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT AND THAT CODEX DNA WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. DELIVERY DATES AND TIMES ARE ESTIMATES ONLY AND CODEX DNA WILL NOT BE LIABLE (IN CONTRACT, DELICT, TORT OR EXCLUDE THE LIABILITY OF EITHER PARTY OTHERWISE) FOR DEATH ANY LOSSES, EXPENSES, CLAIMS OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8DAMAGES CAUSED BY A LATE DELIVERY.

Limitations of Liability. UNDER 責任制限 USER ACKNOWLEDGES AND AGREES THAT IN NO CIRCUMSTANCES EVENT SHALL EITHER PARTY FLOW BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT THIS DEMO SERVICE AGREEMENT UNDER ANY LEGAL OR SELLER’S PERFORMANCE UNDEREQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OFOF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, THIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN IN EACH CASE REGARDLESS OF WHETHER FLOW WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. SAVE AS SPECIFIED IN NO EVENT WILL FLOWS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS DEMO SERVICE AGREEMENT UNDER THIS AGREEMENT THE BUYER’S RIGHT ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR NEGLIGENCE), STRICT LIABILITY) OR , AND OTHERWISE ARISING OUT OF OR EXCEED JPY1,000. USER ACKNOWLEDGES THAT THE DEMO SERVICES ARE IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR BETA VERSION AND ARE BEING PROVIDED AT NO COST TO USER AND THAT FLOW WOULD NOT MAKE THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK DEMO SERVICES AVAILABLE TO RECOVER ANY ACTUAL DIRECT USER WITHOUT LIMITING DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO JPY1,000 AND WITHOUT USER’S AGREEMENT TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8.SECTION 10, いかなる場合も、契約違反、不法行為（過失を含む）、厳格責任、その他を含むあらゆる法的または衡平法上の理論に基づき、本契約の下で、または本契約に関連して、Flowは、損失若しくは損害の可能性を知らされていたかどうか又はかかる損失若しくは損害が他の方法で予見可能であったかどうかにも関わらず、次の損害等に係る責任を負わないものとする:(a) 偶発的、付随的、間接的、顕在的、特別、拡張的、または懲罰的損害、(b) 費用の増加、価値の低下、または事業、生産、収入、もしくは利益の損失、(c) のれんまたは評判の損失、(d) データの使用、使用不能、喪失、中断、遅延、回復、またはデータまたはシステムセキュリティの侵害、または (e) 代替品またはサービスの費 用。いかなる場合も、契約違反、不法行為（過失を含む）、厳格責任、その他を含むあらゆる法的または衡平法上の理論に基づき、本契約から生じる又は本契約に関連するFlowの責任総額は1千円を超えないものとする。ユーザーは、デモ・サービスはベータ版であること、ユーザーへ無償で提供されていること、ユーザーが責任総額を1千円に限定されていること、及び本条にユーザーが合意しなければFlowはデモ・サービスを提供していないことを認める。