Common use of No Consequential Loss; Exclusion of Warranties Clause in Contracts

No Consequential Loss; Exclusion of Warranties. IN NO EVENT SHALL ANY PARTY BE LIABLE FOR ANY LOSS OF PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF BUSINESS OR OTHER ECONOMIC DAMAGE AND FURTHER, INCLUDING INJURY TO PROPERTY, INCURRED AS A RESULT OF THE OTHER PARTY’S PARTICIPATION IN THE PROGRAM. The express warranties and representations set forth in this Agreement are in lieu of, and each party expressly disclaims, any and all other warranties, conditions or representations (express or implied, oral or written), with respect to Planet’s Programs, the Acquirer Program, software or equipment or any part thereof, including any and all implied warranties or conditions of title, noninfringement, merchantability, or fitness or suitability for any purpose (whether or not a party knows, has reason to know, has been advised or is otherwise in fact aware of any such purpose), whether alleged to arise by law, by reason of custom or usage in the trade, or by course of dealing. In addition, Planet Payment expressly disclaims any warranty or representation to any person other than Acquirer with respect to the Planet Programs, the Planet Payment Platform, software, equipment, or any part thereof except to the extent expressly stated herein or in the Agreement.