Common use of Limitations of Warranties and Liability Clause in Contracts

Limitations of Warranties and Liability. THE REMEDIES PROVIDED IN THE LIMITED WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIME, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF OPPORTUNITY, DAMAGE TO GOODWILL, AND DAMAGES CAUSED BY DELAYS) IN ANY WAY RELATED TO OR ARISING FROM CUMMINS’ SUPPLY OF PARTS OR SERVICES UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS’ LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER’S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF PARTS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER’S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN.

Limitations of Warranties and Liability. THE REMEDIES PROVIDED IN THE LIMITED WARRANTY AND THIS AGREEMENT DEVELOPER MATERIALS ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT BQE ON AN ‘AS SET OUT IN THE WARRANTY AND THIS AGREEMENTIS BASIS, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KINDWARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDINGINCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE PARTICULAR PURPOSE, SECURITY OR MERCHANTABILITYNONINFRINGEMENT. NOTWITHSTANDING YOU ASSUME ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE DEVELOPER MATERIALS AND ANY DEVELOPER PRODUCTS. NEITHER BQE NOR ITS DISTRIBUTORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, PERSON OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIMEWHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT REVENUE OR REVENUEPROFIT, LOSS LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF THEY HAVE BEEN ADVISED OF DATATHE POSSIBILITY OF SUCH DAMAGES, LOSS OR EVEN IF FORESEEABLE. WITHOUT LIMITING THE GENERALITY OF OPPORTUNITYTHE FOREGOING, DAMAGE BQE DOES NOT WARRANT THAT THE DEVELOPER MATERIALS WILL ASSIST IN DEVELOPMENT OF DEVELOPER PRODUCTS OR THAT ANY DEVELOPER PRODUCTS WILL BE COMPATIBLE WITH ANY BQE PRODUCTS OR SERVICES, OR THAT YOU WILL RECEIVE ANY ORDERS, SUBSCRIPTIONS OR REVENUE DUE TO GOODWILL, YOUR USE OF THE DEVELOPER MATERIALS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND DAMAGES CAUSED BY DELAYS) IN ANY WAY RELATED SO PARTS OF THE ABOVE LIMITATION MAY NOT APPLY TO OR ARISING FROM CUMMINS’ SUPPLY OF PARTS OR SERVICES UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS’ LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER’S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF PARTS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER’S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREINYOU.

Limitations of Warranties and Liability. Customer agrees that its use of Services and its reliance upon information provided by UCDN are entirely at Customer’s own risk. Customer acknowledges and agrees that UCDN exercises no control over, and accepts no responsibility for, the content of data, scripts, or other information passing through UCDN’s host computers, network hubs and points of presence or the Internet. THE REMEDIES SERVICES PROVIDED IN THE LIMITED WARRANTY AND UNDER THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NEITHER UCDN, ITS CUSTOMERS, EMPLOYEES, AGENTS, OR AFFILIATES MAKES ANY WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE PARTICULAR PURPOSE, FOR THE SERVICES OR MERCHANTABILITYANY EQUIPMENT PROVIDED IN CONJUNCTION THEREWITH. NOTWITHSTANDING NEITHER UCDN NOR ITS CUSTOMERS, EMPLOYEES, AGENTS, OR AFFILIATES MAKES ANY OTHER TERM WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO ANY OF THIS AGREEMENTTHEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. UCDN IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER’S CUSTOMERS VIA THE SERVICES PROVIDED BY UCDN. NO EVENT SHALL CUMMINSORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY UCDN EMPLOYEE, ITS OFFICERSCUSTOMER, DIRECTORSOR AGENT WILL CREATE A WARRANTY; NOR MAY CUSTOMER OR ANY OF CUSTOMER’S CUSTOMERS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER RELY ON ANY SUCH INFORMATION OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIME, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF OPPORTUNITY, DAMAGE TO GOODWILL, AND DAMAGES CAUSED BY DELAYS) IN ANY WAY RELATED TO OR ARISING FROM CUMMINS’ SUPPLY OF PARTS OR SERVICES UNDER THIS AGREEMENTADVICE. IN NO EVENT SHALL CUMMINS’ LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER’S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF PARTS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER’S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREINThe parties hereby agree that the terms of this section shall survive any termination of this Agreement.

Limitations of Warranties and Liability. (a) THE REMEDIES PROVIDED IN THE LIMITED WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES ADVERTISING SERVICE PROVIDED BY CUMMINS COMPANY, ITS USE AND THE RESULTS OF SUCH USE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE CUSTOMER UNDER THIS AGREEMENT. FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EXCEPT AS SET OUT IN PROVIDED HEREIN, COMPANY MAKES NO WARRANTIES (INCLUDING THE WARRANTY AND THIS AGREEMENTIMPLIED WARRANTIES OF MERCHANTABILITY, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE PARTICULAR PURPOSE, AND NON-INFRINGEMENT), GUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR MERCHANTABILITYOTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN. NOTWITHSTANDING COMPANY DOES NOT WARRANT OR GUARANTEE CONVERSION RATES, PAY-UP RATES, RESPONSE RATES OR ABILITY TO CONVERT THE RESPONSES INTO SALES. COMPANY DOES NOT WARRANT OR GUARANTEE THE PROFILE OR DEMOGRAPHICS OF A RESPONDENT. COMPANY DOES NOT GUARANTEE TO MATCH COLORS, TEXT, PHOTO IMAGE OR SCREEN DESIGN. ALL ORDERS ARE CONTINGENT UPON COMPANY'S ABILITY TO PROCURE NECESSARY ON-LINE ACCESS AND COMPANY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, WAR, ACT OF GOD, EMBARGO, COMPUTER SYSTEM FAILURE, OR ANY OTHER TERM OF THIS AGREEMENTCIRCUMSTANCE BEYOND ITS CONTROL. COMPANY WILL MAKE EVERY EFFORT TO MEET SCHEDULED DELIVERY AND ONLINE DATES, BUT MAKES NO GUARANTEE AND ACCEPTS NO LIABILITY FOR ITS FAILURE TO MEET SAID DATES. (b) IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL THE COMPANY BE LIABLE TO CUSTOMER FOR (a) LOSS OF ANTICIPATED PROFITS, BUSINESS, REVENUE, GOODWILL OR ANY THIRD PARTY OTHER LOSSES INCURRED IN CONNECTION WITH THE SERVICES PROVIDED HEREUNDER OR THE FAILURE OF SUCH SERVICES, SUCH CLAIMS BEING EXPRESSLY WAIVED; (b) FOR ANY INDIRECTPUNITIVE DAMAGES, INCIDENTAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES DAMAGES, OF ANY KIND WHATSOEVER AND HOWEVER CAUSED, WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE OR OTHERWISE, DIRECTLY OR INDIRECTLY ARISING FROM THE PROVISION OF THESE SERVICES; (c) ACTIONS OR INACTIONS OF IT’S PUBLISHERS OR ANY CLAIMS THAT ITS PUBLISHERS HAVE VIOLATED ANY LAW, REGULATION OR RIGHTS OF THIRD PARTIES, ADVERTISER’S SOLE REMEDY BEING AN ACTION AGAINST THAT PUBLISHER; OR (d) FAILURE IN PERFORMANCE OF THIS AGREEMENT DUE TO CAUSES BEYOND ITS CONTROL INCLUDING WITHOUT LIMITATION DOWNTIME, LOSS BUT NOT LIMITED TO, WORK STOPPAGES, FIRES, CIVIL DISOBEDIENCE, RIOTS, REBELLIONS, ACTS OF PROFIT OR REVENUEGOD, LOSS WEATHER, LAWS, REGULATIONS, ACTS OF DATATHE GOVERNMENT, LOSS ACTS OF OPPORTUNITY, DAMAGE TO GOODWILLOTHER THIRD PARTIES, AND DAMAGES CAUSED BY DELAYS) IN ANY WAY RELATED TO SIMILAR OCCURRENCES. COMPANY'S TOTAL OBLIGATIONS AND/OR ARISING FROM CUMMINS’ SUPPLY OF PARTS OR SERVICES UNDER THIS AGREEMENT. LIABILITY, WILL IN NO EVENT SHALL CUMMINS’ LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER’S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF PARTS AND SERVICES SUPPLIED ALL AMOUNTS PAID BY CUMMINS UNDER THIS AGREEMENT. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER’S SOLE REMEDY AGAINST CUMMINS ADVERTISER TO COMPANY FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREINTHREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE MONTH IN WHICH THE CLAIM AROSE. (c) The Provisions of this Section 9 are an essential element of the benefit of the bargain reflected in this ASA.

Limitations of Warranties and Liability. THE REMEDIES PROVIDED IN THE LIMITED WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, ,AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS, ITS CUMMINS INC., AND/OR THEIR DIRECT OR INDIRECT SUBSIDIARIES AND AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LIQUIDATED, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIME, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF OPPORTUNITY, DAMAGE TO GOODWILL, AND DAMAGES CAUSED BY DELAYS) ), OR IN ANY WAY RELATED TO OR ARISING FROM CUMMINS’ SUPPLY OF PARTS OR SERVICES UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS’ LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER’S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF PARTS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER’S SOLE REMEDY AGAINST CUMMINS AND/OR CUMMINS INC., FOR ANY LOSS LOSS, SHALL BE THE REMEDY PROVIDED HEREIN.

Limitations of Warranties and Liability. THE REMEDIES SOFTWARE IS PROVIDED IN THE LIMITED WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE “AS IS” WITHOUT ANY WARRANTIES AND REMEDIES PROVIDED BY CUMMINS OF ANY KIND. TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUMMINS EXPRESSLY VMWARE DISCLAIMS ALL OTHER REPRESENTATIONS, ANY IMPLIED WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONSWARRANTIES OF MERCHANTABILITY, WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYAND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENTTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL VMWARE BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOST PROFITS OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIMEBUSINESS OPPORTUNITIES, LOSS OF PROFIT OR REVENUEUSE, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OPPORTUNITYTHE SOFTWARE OR YOUR USE OF THE SOFTWARE, DAMAGE UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO GOODWILLYOU. VMWARE’S LIABILITY ARISING OUT OF THIS AGREEMENT AND THE SOFTWARE PROVIDED HEREUNDER WILL NOT, AND DAMAGES CAUSED BY DELAYS) IN ANY WAY RELATED EVENT, EXCEED US$100.00. THE FOREGOING LIMITATIONS SHALL APPLY TO OR ARISING FROM CUMMINS’ SUPPLY THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF PARTS OR SERVICES UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS’ LIABILITY TO CUSTOMER OR WHETHER VMWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER’S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST REMEDY FAILS OF PARTS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER’S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREINITS ESSENTIAL PURPOSE.

Limitations of Warranties and Liability. (a) THE REMEDIES PROVIDED IN THE LIMITED WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES ADVERTISING SERVICE PROVIDED BY CUMMINS COMPANY, ITS USE AND THE RESULTS OF SUCH USE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE CUSTOMER UNDER THIS AGREEMENT. FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY MAKES NO WARRANTIES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT), GUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE EXCEPT AS EXPRESSLY SET OUT IN FORTH HEREIN. COMPANY DOES NOT WARRANT OR GUARANTEE CONVERSION RATES, PAY-UP RATES, RESPONSE RATES OR ABILITY TO CONVERT THE WARRANTY RESPONSES INTO SALES. COMPANY DOES NOT WARRANT OR GUARANTEE THE PROFILE OR DEMOGRAPHICS OF A RESPONDENT. COMPANY DOES NOT GUARANTEE TO MATCH COLORS, TEXT, PHOTO IMAGE OR SCREEN DESIGN. ALL ORDERS ARE CONTINGENT UPON COMPANY'S ABILITY TO PROCURE NECESSARY ON-LINE ACCESS AND THIS AGREEMENTCOMPANY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, WAR, ACT OF GOD, EMBARGO, COMPUTER SYSTEM FAILURE, OR ANY OTHER CIRCUMSTANCE BEYOND ITS CONTROL. COMPANY WILL MAKE EVERY EFFORT TO MEET SCHEDULED DELIVERY AND ONLINE DATES, BUT MAKES NO GUARANTEE AND ACCEPTS NO LIABILITY FOR ITS FAILURE TO THE EXTENT PERMITTED BY LAWMEET SAID DATES. (b) COMPANY SHALL NOT BE LIABLE FOR ANY PUNITIVE DAMAGES OR INDIRECT OR CONSEQUENTIAL LOSS, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONSDAMAGE, WARRANTIES, ENDORSEMENTS, AND CONDITIONS COSTS OR EXPENSE OF ANY KINDKIND WHATSOEVER AND HOWEVER CAUSED, EXPRESS WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE OR IMPLIEDOTHERWISE, INCLUDING, (WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS ) LOSS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIMEPRODUCTION, LOSS OF PROFIT OR REVENUE, LOSS OF CORRUPTION TO DATA, LOSS OF OPPORTUNITYPROFITS OR OF CONTRACTS, DAMAGE TO GOODWILLLOSS OF OPERATION TIME AND LOSS OF GOODWILL OR ANTICIPATED SAVINGS, AND DAMAGES CAUSED BY DELAYS) IN EVEN IF ADVISED OF THEIR POSSIBILITY. COMPANY'S TOTAL OBLIGATIONS AND/OR LIABILITY, IF ANY WAY RELATED TO OR ARISING FROM CUMMINS’ SUPPLY OF PARTS OR SERVICES UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS’ LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER’S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF PARTS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT. BY ACCEPTANCE OF THIS AGREEMENTHEREUNDER, CUSTOMER ACKNOWLEDGES CUSTOMER’S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE LIMITED TO THE REMEDY PROVIDED HEREINAMOUNTS PAID TO IT FOR THE ADVERTISING CAMPAIGN IN QUESTION. (c) The Provisions of this Section 9 are an essential element of the benefit of the bargain reflected in this ASA.

Limitations of Warranties and Liability. THE REMEDIES SOFTWARE IS PROVIDED IN THE LIMITED WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE “AS IS” WITHOUT ANY WARRANTIES AND REMEDIES PROVIDED BY CUMMINS OF ANY KIND. TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUMMINS EXPRESSLY APIZEE DISCLAIMS ALL OTHER REPRESENTATIONS, ANY IMPLIED WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONSWARRANTIES OF MERCHANTABILITY, WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYAND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENTTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL APIZEE BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOST PROFITS OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIMEBUSINESS OPPORTUNITIES, LOSS OF PROFIT OR REVENUEUSE, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF OPPORTUNITY, DAMAGE TO GOODWILL, AND DAMAGES CAUSED BY DELAYS) IN ANY WAY RELATED TO OR ARISING FROM CUMMINS’ SUPPLY OF PARTS OR SERVICES UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS’ LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OTHER INDIRECT, SPECIAL, INCIDENTAL, OR ON CUSTOMER’S BEHALF CONSEQUENTIAL DAMAGES ARISING OUT OF THE SOFTWARE OR YOUR USE OF THE SOFTWARE, UNDER THIS AGREEMENT EXCEED ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE TOTAL COST EXCLUSION OR LIMITATION OF PARTS LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER APIZEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT. BY ACCEPTANCE REGARDLESS OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER’S SOLE WHETHER ANY REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREINFAILS OF ITS ESSENTIAL PURPOSE.

Limitations of Warranties and Liability. THE REMEDIES PROVIDED IN THE LIMITED WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIME, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF OPPORTUNITY, DAMAGE TO GOODWILL, AND DAMAGES CAUSED BY DELAYS) IN ANY WAY RELATED TO OR ARISING FROM CUMMINS’ ' SUPPLY OF PARTS OR SERVICES UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS’ ' LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER’S 'S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF PARTS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER’S CUSTOMER?S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN.

Limitations of Warranties and Liability. THE REMEDIES PROVIDED IN THE LIMITED WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, ,AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LIQUIDATED, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIME, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF OPPORTUNITY, DAMAGE TO GOODWILL, AND DAMAGES CAUSED BY DELAYS) ), OR IN ANY WAY RELATED TO OR ARISING FROM CUMMINS’ SUPPLY OF PARTS OR SERVICES UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS’ LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER’S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF PARTS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER’S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN.

Limitations of Warranties and Liability. (a) THE REMEDIES PROVIDED IN THE LIMITED WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES ADVERTISING SERVICE PROVIDED BY CUMMINS COMPANY, ITS USE AND THE RESULTS OF SUCH USE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE CUSTOMER UNDER THIS AGREEMENT. FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EXCEPT AS SET OUT IN PROVIDED HEREIN, COMPANY MAKES NO WARRANTIES (INCLUDING THE WARRANTY AND THIS AGREEMENTIMPLIED WARRANTIES OF MERCHANTABILITY, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE PARTICULAR PURPOSE, AND NON-INFRINGEMENT), GUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR MERCHANTABILITYOTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN. NOTWITHSTANDING COMPANY DOES NOT WARRANT OR GUARANTEE CONVERSION RATES, PAY-UP RATES, RESPONSE RATES OR ABILITY TO CONVERT THE RESPONSES INTO SALES. COMPANY DOES NOT WARRANT OR GUARANTEE THE PROFILE OR DEMOGRAPHICS OF A RESPONDENT. COMPANY DOES NOT GUARANTEE TO MATCH COLORS, TEXT, PHOTO IMAGE OR SCREEN DESIGN. ALL ORDERS ARE CONTINGENT UPON COMPANY'S ABILITY TO PROCURE NECESSARY ON-LINE ACCESS AND COMPANY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, WAR, ACT OF GOD, EMBARGO, COMPUTER SYSTEM FAILURE, OR ANY OTHER TERM OF THIS AGREEMENTCIRCUMSTANCE BEYOND ITS CONTROL. COMPANY WILL MAKE EVERY EFFORT TO MEET SCHEDULED DELIVERY AND ONLINE DATES, BUT MAKES NO GUARANTEE AND ACCEPTS NO LIABILITY FOR ITS FAILURE TO MEET SAID DATES. Engage BDR, LLC_ASA_April 2016 Page 5 of 9 (b) IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL THE COMPANY BE LIABLE TO CUSTOMER FOR (a) LOSS OF ANTICIPATED PROFITS, BUSINESS, REVENUE, GOODWILL OR ANY THIRD PARTY OTHER LOSSES INCURRED IN CONNECTION WITH THE SERVICES PROVIDED HEREUNDER OR THE FAILURE OF SUCH SERVICES, SUCH CLAIMS BEING EXPRESSLY WAIVED; (b) FOR ANY INDIRECTPUNITIVE DAMAGES, INCIDENTAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES DAMAGES, OF ANY KIND WHATSOEVER AND HOWEVER CAUSED, WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE OR OTHERWISE, DIRECTLY OR INDIRECTLY ARISING FROM THE PROVISION OF THESE SERVICES; (c) ACTIONS OR INACTIONS OF IT’S PUBLISHERS OR ANY CLAIMS THAT ITS PUBLISHERS HAVE VIOLATED ANY LAW, REGULATION OR RIGHTS OF THIRD PARTIES, ADVERTISER’S SOLE REMEDY BEING AN ACTION AGAINST THAT PUBLISHER; OR (d) FAILURE IN PERFORMANCE OF THIS AGREEMENT DUE TO CAUSES BEYOND ITS CONTROL INCLUDING WITHOUT LIMITATION DOWNTIME, LOSS BUT NOT LIMITED TO, WORK STOPPAGES, FIRES, CIVIL DISOBEDIENCE, RIOTS, REBELLIONS, ACTS OF PROFIT OR REVENUEGOD, LOSS WEATHER, LAWS, REGULATIONS, ACTS OF DATATHE GOVERNMENT, LOSS ACTS OF OPPORTUNITY, DAMAGE TO GOODWILLOTHER THIRD PARTIES, AND DAMAGES CAUSED BY DELAYS) IN ANY WAY RELATED TO SIMILAR OCCURRENCES. COMPANY'S TOTAL OBLIGATIONS AND/OR ARISING FROM CUMMINS’ SUPPLY OF PARTS OR SERVICES UNDER THIS AGREEMENT. LIABILITY, WILL IN NO EVENT SHALL CUMMINS’ LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER’S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF PARTS AND SERVICES SUPPLIED ALL AMOUNTS PAID BY CUMMINS UNDER THIS AGREEMENT. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER’S SOLE REMEDY AGAINST CUMMINS ADVERTISER TO COMPANY FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREINTHREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE MONTH IN WHICH THE CLAIM AROSE. (c) The Provisions of this Section 9 are an essential element of the benefit of the bargain reflected in this ASA.

Limitations of Warranties and Liability. THE REMEDIES SOFTWARE IS PROVIDED IN THE LIMITED WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE "AS IS" WITHOUT ANY WARRANTIES AND REMEDIES PROVIDED BY CUMMINS OF ANY KIND. TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUMMINS EXPRESSLY VMWARE DISCLAIMS ALL OTHER REPRESENTATIONS, ANY IMPLIED WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONSWARRANTIES OF MERCHANTABILITY, WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYAND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENTTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL VMWARE BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOST PROFITS OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIMEBUSINESS OPPORTUNITIES, LOSS OF PROFIT OR REVENUEUSE, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OPPORTUNITYTHE SOFTWARE OR YOUR USE OF THE SOFTWARE, DAMAGE UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO GOODWILLYOU. VMWARE'S LIABILITY ARISING OUT OF THE SOFTWARE PROVIDED HEREUNDER WILL NOT, AND DAMAGES CAUSED BY DELAYS) IN ANY WAY RELATED EVENT, EXCEED US$5.00. THE FOREGOING LIMITATIONS SHALL APPLY TO OR ARISING FROM CUMMINS’ SUPPLY THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF PARTS OR SERVICES UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS’ LIABILITY TO CUSTOMER OR WHETHER VMWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER’S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST REMEDY FAILS OF PARTS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER’S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREINITS ESSENTIAL PURPOSE.

Limitations of Warranties and Liability. THE REMEDIES PROVIDED IN THE LIMITED WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES (a) Disclaimer of Warranties. ALL SERVICES PROVIDED BY CUMMINS COMPANY ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. TO THE CUSTOMER UNDER THIS AGREEMENT. FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, COMPANY MAKES NO WARRANTIES, GUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE EXCEPT AS EXPRESSLY SET OUT IN THE WARRANTY AND THIS AGREEMENTFORTH HEREIN. COMPANY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, AND TO THE EXTENT PERMITTED BY LAWWAR, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONSACT OF GOD, WARRANTIESEMBARGO, ENDORSEMENTSCOMPUTER SYSTEM FAILURE, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN CIRCUMSTANCE BEYOND ITS CONTROL. (b) Limitation of Liability. UNDER NO EVENT CIRCUMSTANCES SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS COMPANY BE LIABLE TO CUSTOMER OR ANY THIRD PARTY PUBLISHER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVEOR EXEMPLARY DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIME, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF OPPORTUNITY, DAMAGE TO GOODWILL, AND DAMAGES CAUSED BY DELAYS) IN ANY WAY RELATED TO OR ARISING FROM CUMMINS’ SUPPLY ANY ASPECT OF PARTS OR SERVICES UNDER THIS AGREEMENTTHE ADVERTISING RELATIONSHIP PROVIDED HEREIN. IN NO EVENT SHALL CUMMINS’ COMPANY'S TOTAL OBLIGATIONS OR LIABILITY HEREUNDER EXCEED THE LESSER OF THE AMOUNT PAID TO CUSTOMER PUBLISHER FOR THE SPECIFIC ADVERTISING CAMPAIGN IN QUESTION OR TEN THOUSDAND DOLLARS ($10,000.00). REGARDLESS OF ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER LAW TO THE CONTRARY, NO ACTION, SUIT OR ON CUSTOMER’S BEHALF UNDER PROCEEDING SHALL BE BROUGHT AGAINST COMPANY MORE THAN ONE (1) YEAR AFTER THE DATE UPON WHICH THE CLAIM AROSE. (c) Consideration. PUBLISHER ACKNOWLEDGES THAT COMPANY HAS AGREED TO PRICING IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THESE CONSIDERATIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. PUBLISHER AGREES THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT EXCEED THE TOTAL COST WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF PARTS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER’S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN.THEIR

Limitations of Warranties and Liability. THE REMEDIES SOFTWARE IS PROVIDED IN THE LIMITED WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE “AS IS” WITHOUT ANY WARRANTIES AND REMEDIES PROVIDED BY CUMMINS OF ANY KIND. TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUMMINS EXPRESSLY VMWARE DISCLAIMS ALL OTHER REPRESENTATIONS, ANY IMPLIED WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONSWARRANTIES OF MERCHANTABILITY, WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYAND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENTTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL VMWARE BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOST PROFITS OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIMEBUSINESS OPPORTUNITIES, LOSS OF PROFIT OR REVENUEUSE, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSE- QUENTIAL DAMAGES ARISING OUT OF OPPORTUNITYTHE SOFTWARE OR YOUR USE OF THE SOFTWARE, DAMAGE UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO GOODWILLYOU. VMWARE’S LIABILITY ARISING OUT OF THIS AGREEMENT AND THE SOFTWARE PROVIDED HEREUNDER WILL NOT, AND DAMAGES CAUSED BY DELAYS) IN ANY WAY RELATED EVENT, EXCEED US$100.00. THE FOREGOING LIMITATIONS SHALL APPLY TO OR ARISING FROM CUMMINS’ SUPPLY THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF PARTS OR SERVICES UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS’ LIABILITY TO CUSTOMER OR WHETHER VMWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER’S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST REMEDY FAILS OF PARTS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER’S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREINITS ESSENTIAL PURPOSE.

Limitations of Warranties and Liability. (a) THE REMEDIES PROVIDED IN THE LIMITED WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES SERVICES PROVIDED BY CUMMINS THE PRICERUNNER NETWORK, ITS USE AND THE RESULTS OF SUCH USE ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. TO THE CUSTOMER UNDER THIS AGREEMENT. FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PRICERUNNER MAKES NO WARRANTIES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT), GUARANTIES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE EXCEPT AS EXPRESSLY SET OUT IN FORTH HEREIN. PRICERUNNER DOES NOT WARRANT OR GUARANTY RESPONSE RATES OR ABILITY TO CONVERT THE WARRANTY RESPONSES INTO SALES. PRICERUNNER DOES NOT WARRANT OR GUARANTY THE PROFILE OR DEMOGRAPHICS OF A RESPONDENT. PRICERUNNER IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, WAR, ACT OF GOD, EMBARGO, COMPUTER SYSTEM FAILURE, OR ANY OTHER CIRCUMSTANCE BEYOND ITS CONTROL. PRICERUNNER WILL MAKE EVERY EFFORT TO MEET SCHEDULED DELIVERY AND THIS AGREEMENTONLINE DATES, BUT MAKES NO GUARANTEE AND ACCEPTS NO LIABILITY FOR ITS FAILURE TO THE EXTENT PERMITTED BY LAWMEET SAID DATES. (b) PRICERUNNER SHALL NOT BE LIABLE FOR ANY INDIRECT LOSS, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONSDAMAGE, WARRANTIES, ENDORSEMENTS, AND CONDITIONS COSTS OR EXPENSE OF ANY KIND, EXPRESS OR IMPLIEDKIND WHATSOEVER AND HOWSOEVER CAUSED, INCLUDING, (WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS ) LOSS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIMEPRODUCTION, LOSS OF PROFIT OR REVENUE, LOSS OF CORRUPTION TO DATA, LOSS OF OPPORTUNITYPROFITS OR OF CONTRACTS, DAMAGE TO GOODWILLLOSS OF OPERATION TIME AND LOSS OF GOODWILL OR ANTICIPATED SAVINGS, AND DAMAGES CAUSED BY DELAYS) IN EVEN IF ADVISED OF THEIR POSSIBILITY. PRICERUNNER’S TOTAL OBLIGATIONS AND/OR LIABILITY, IF ANY WAY RELATED TO OR ARISING FROM CUMMINS’ SUPPLY OF PARTS OR SERVICES UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS’ LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER’S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF PARTS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT. BY ACCEPTANCE OF THIS AGREEMENTHEREUNDER, CUSTOMER ACKNOWLEDGES CUSTOMER’S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE LIMITED TO THE REMEDY PROVIDED HEREINAMOUNTS PAID TO IT FOR THE ADVERTISING IN QUESTION. (c) Nothing in this Agreement limits or excludes either party's liability for fraud or for negligence causing death or personal injury.

Limitations of Warranties and Liability. THE REMEDIES PROVIDED IN THE LIMITED WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. 12.1 EXCEPT AS EXPRESSLY SET OUT FORTH IN THE WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAWNO WARRANTY, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IS MADE WITH RESPECT TO THE SOFTWARE, SAAS, HARDWARE, SOFTWARE DOCUMENTATION, SAAS DOCUMENTATION OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONSWARRANTY OF MERCHANTABILITY, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE PARTICULAR PURPOSE, OR MERCHANTABILITY. NOTWITHSTANDING NON- INFRINGEMENT. 12.2 EXCEPT FOR MISAPPOPRIATION BY CUSTOMER OF ANY OF EMPIRIX’S INTELLECTUAL PROPERTY RIGHTS OR 14 CONFIDENTIALITY (IN ALL CASES, FOR WHICH NO LIMIT APPLIES), (I.) WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, NEITHER EMPIRIX NOR CUSTOMER, NOR ANY OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES OR LICENSORS, SHALL BE LIABLE FOR ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (LOSS, INCLUDING WITHOUT LIMITATION DOWNTIME, BUT NOT LIMITED TO LOSS OF PROFIT OR REVENUE, LOSS OF DATAPROFITS, LOSS OF OPPORTUNITY, DAMAGE TO BUSINESS OR GOODWILL, HOWEVER CAUSED, OR OTHERWISE BE LIABLE IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY AND DAMAGES CAUSED BY DELAYS) WHETHER SUCH LOSS ARISES OUT OF OR IN ANY WAY RELATED TO CONNECTION WITH THE USE OF THE SOFTWARE, SAAS, HARDWARE, SERVICES OR ARISING FROM CUMMINS’ SUPPLY OF PARTS OR SERVICES OTHERWISE UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS’ LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER’S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF PARTS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER’S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN.; AND

Limitations of Warranties and Liability. THE REMEDIES SOFTWARE IS PROVIDED IN THE LIMITED WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE “AS IS” WITHOUT ANY WARRANTIES AND REMEDIES PROVIDED BY CUMMINS OF ANY KIND. TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUMMINS EXPRESSLY VMWARE DISCLAIMS ALL OTHER REPRESENTATIONS, ANY IMPLIED WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONSWARRANTIES OF MERCHANTABILITY, WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYAND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENTTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL VMWARE BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOST PROFITS OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIMEBUSINESS OPPORTUNITIES, LOSS OF PROFIT OR REVENUEUSE, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSE­QUEN­TIAL DAMAGES ARISING OUT OF OPPORTUNITYTHE SOFTWARE OR YOUR USE OF THE SOFTWARE, DAMAGE UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO GOODWILLYOU. VMWARE’S LIABILITY ARISING OUT OF THIS AGREEMENT AND THE SOFTWARE PROVIDED HEREUNDER WILL NOT, AND DAMAGES CAUSED BY DELAYS) IN ANY WAY RELATED EVENT, EXCEED US$10,000.00. THE FOREGOING LIMITATIONS SHALL APPLY TO OR ARISING FROM CUMMINS’ SUPPLY THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF PARTS OR SERVICES UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS’ LIABILITY TO CUSTOMER OR WHETHER VMWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER’S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST REMEDY FAILS OF PARTS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER’S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREINITS ESSENTIAL PURPOSE.

Limitations of Warranties and Liability. THE REMEDIES Software IS PROVIDED IN THE LIMITED WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE "AS IS" WITHOUT ANY WARRANTIES AND REMEDIES PROVIDED BY CUMMINS OF ANY KIND. TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUMMINS EXPRESSLY RTMS DISCLAIMS ALL OTHER REPRESENTATIONS, ANY IMPLIED WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONSWARRANTIES OF MERCHANTABILITY, WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITYAND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENTTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL RTMS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOST PROFITS OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIMEBUSINESS OPPORTUNITIES, LOSS OF PROFIT OR REVENUEUSE, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OPPORTUNITYTHE Software OR YOUR USE OF THE Software, DAMAGE UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO GOODWILLYOU. RTMS'S LIABILITY ARISING OUT OF THE Software PROVIDED HEREUNDER WILL NOT, AND DAMAGES CAUSED BY DELAYS) IN ANY WAY RELATED EVENT, EXCEED GBP ?1. THE FOREGOING LIMITATIONS SHALL APPLY TO OR ARISING FROM CUMMINS’ SUPPLY THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF PARTS OR SERVICES UNDER THIS AGREEMENT. IN NO EVENT WHETHER RTMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.THE FOREGOING LIMITATIONS SHALL CUMMINS’ LIABILITY APPLY TO CUSTOMER OR THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER RTMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER’S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST REMEDY FAILS OF PARTS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER’S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREINITS ESSENTIAL PURPOSE.