Common use of NO LIABILITY FOR CONSEQUENTIAL DAMAGES Clause in Contracts

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL SYSTOOLS® SOFTWARE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF SYSTOOLS® SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SYSTOOLS® SOFTWARE LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY EXCEEDS THE LICENSE FEE PAID BY YOU, IF ANY. ACKNOWLEDGMENT BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FORE GOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE DESCRIBED HEREIN. SYSTOOLS® SOFTWARE WILL NOT BE LIABLE FOR INCIDENTIAL, CONSEQUENTIAL OR INDIRECT DAMAGES (WITHOUT LIMITATION, DAMAGES FOR BUSINESS PROFITS, LOSS OF ANY KIND OF BUSINESS INFORMATION, BUSINESS INTERRUPTION OR OTHER MONETARY LOSS) BY THE USE OF SOFTWARE PRODUCT OR INABILITY TO USE OR FAILURE TO PROVIDE SUPPORT SERVICES. IN ANY CASE SYSTOOLS® SOFTWARE ENTIRE LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU DURING THE TIME OF SOFTWARE PURCHASE.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL SYSTOOLS® SOFTWARE X-RITE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIALDAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL INCIDENTAL, INDIRECT AND CONSEQUENTIAL DAMAGES FOR LOSS OF BUSINESS PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR INDIRECT DAMAGES OF ANY KIND OTHER PECUNIARY LOSS) ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF SYSTOOLS® SOFTWARE X-RITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SYSTOOLS® SOFTWARE ANY CASE, X-RITE’S ENTIRE LIABILITY FOR UNDER ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY PROVISION OF LIABILITY EXCEEDS THE LICENSE FEE PAID BY YOU, IF ANY. ACKNOWLEDGMENT BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FORE GOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE DESCRIBED HEREIN. SYSTOOLS® SOFTWARE WILL NOT BE LIABLE FOR INCIDENTIAL, CONSEQUENTIAL OR INDIRECT DAMAGES (WITHOUT LIMITATION, DAMAGES FOR BUSINESS PROFITS, LOSS OF ANY KIND OF BUSINESS INFORMATION, BUSINESS INTERRUPTION OR OTHER MONETARY LOSS) BY THE USE OF SOFTWARE PRODUCT OR INABILITY TO USE OR FAILURE TO PROVIDE SUPPORT SERVICES. IN ANY CASE SYSTOOLS® SOFTWARE ENTIRE LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU DURING FOR USE OF AND/OR ACCESS TO THE TIME SOFTWARE. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SOFTWARE PURCHASELIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. This Agreement is your proof of license to exercise the rights granted herein and must be retained by You. You may transfer the Software and accompanying written materials on a permanent basis, provided that You retain no copies and the recipient agrees to the terms of this Agreement. If the Software is an update or has been updated, any transfer must include the most recent update and all prior versions. Warranty and other service entitlements are not transferable. The recipient has no rights to demand these actions of X-Rite or X-Rite’s designated service facilities. You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee, but only with express prior written permission of X-Rite. You may not impose any further restrictions on the recipients' exercise of the rights granted herein.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SYSTOOLS® SOFTWARE AXEDA SYSTEMS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL INCIDENTAL, INDIRECT, OR INDIRECT [*] CERTAIN INFORMATION ON THIS PAGE THAT IS MARKED BY "[*]" HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY KIND OTHER PECUNIARY LOSS) ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF OR INABILITY TO USE THE SOFTWARESOFTWARE PRODUCT, EVEN IF SYSTOOLS® SOFTWARE AXEDA SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SYSTOOLS® SOFTWARE BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY CLAIMCONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY EXCEEDS THE LICENSE FEE PAID ABOVE LIMITATION MAY NOT APPLY TO YOU. [*] CERTAIN INFORMATION ON THIS PAGE THAT IS MARKED BY YOU, IF ANY"[*]" HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. ACKNOWLEDGMENT BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FORE GOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE LICENSE DESCRIBED HEREINOMITTED PORTIONS. SYSTOOLS® SOFTWARE WILL NOT BE LIABLE FOR INCIDENTIAL, CONSEQUENTIAL OR INDIRECT DAMAGES (WITHOUT LIMITATION, DAMAGES FOR BUSINESS PROFITS, LOSS OF ANY KIND OF BUSINESS INFORMATION, BUSINESS INTERRUPTION OR OTHER MONETARY LOSS) Exhibit 2.a.i. Initial Statement of Work [*] [*] CERTAIN INFORMATION ON THIS PAGE THAT IS MARKED BY "[*]" HAS BEEN OMITTED AND FILED SEPARATELY WITH THE USE OF SOFTWARE PRODUCT OR INABILITY TO USE OR FAILURE TO PROVIDE SUPPORT SERVICESCOMMISSION. IN ANY CASE SYSTOOLS® SOFTWARE ENTIRE LIABILITY SHALL BE LIMITED CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE AMOUNT ACTUALLY PAID BY YOU DURING THE TIME OF SOFTWARE PURCHASEOMITTED PORTIONS. Exhibit 8 Form of Source Code Escrow Agreement COMPREHENSIVE PREFERRED ESCROW AGREEMENT Account Number _________________ A. Axeda and EFI have entered or will enter into a license and distribution agreement regarding certain proprietary technology of Axeda (referred to in this Agreement as the "License Agreement"). B. Axeda desires to avoid disclosure of its proprietary technology except under certain limited circumstances. C. The availability of the proprietary technology of Axeda is critical to EFI in the conduct of its business and, therefore, EFI needs access to the proprietary technology under certain limited circumstances. D. Axeda and EFI desire to establish an escrow with DSI to provide for the retention, administration and controlled access of certain proprietary technology materials of Axeda. E. The parties desire this Agreement to be supplementary to the License Agreement pursuant to 00 Xxxxxx Xxxxxx [Bankruptcy] Code, Section 365(n). F. Capitalized terms used but not defined herein shall have the same meanings given them in the License Agreement.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. (A) TREND MICRO DOES NOT SEEK TO LIMIT OR EXCLUDE ITS LIABILITY IN THE EVENT OF DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR FOR FRAUD OR FOR ANY OTHER LIABILITY FOR WHICH IT IS NOT PERMITTED BY LAW TO EXCLUDE. (B) SUBJECT TO SECTION (A) ABOVE, IN NO EVENT SHALL SYSTOOLS® SOFTWARE OR ITS SUPPLIERS TREND MICRO BE LIABLE TO YOU FOR ANY LOSSES WHICH WERE NOT REASONABLY FORSEEABLE AT THE TIME OF ENTERING INTO THIS AGREEMENT OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR FOR LOST OR CORRUPTED DATA OR MEMORY, SYSTEM CRASH, DISK/SYSTEM DAMAGE, LOST PROFITS OR SAVINGS, OR LOSS OF BUSINESS, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, SOFTWARE AND SERVICE. THESE LIMITATIONS APPLY EVEN IF SYSTOOLS® SOFTWARE TREND MICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT WILL SYSTOOLS® SOFTWARE CIRCUMSTANCES SHALL THE MAXIMUM LIABILITY FOR ANY CLAIMOF TREND MICRO, WHETHER IN CONTRACT, TORT ITS AFFILIATES AND SUPPLIERS TO YOU ARISING FROM OR ANY OTHER THEORY OF LIABILITY EXCEEDS RELATING TO THIS AGREEMENT EXCEED THE LICENSE FEE PAID BY YOULICENCE FEE, IF ANY, PAID BY YOU FOR USE OF THE SOFTWARE AND SERVICE. ACKNOWLEDGMENT BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FORE GOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS THE LIMITATIONS OF LIABILITY IN THIS SECTION 6 AND CONDITIONS. YOU ALSO AGREE ACKNOWLEDGE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE DESCRIBED HEREIN. SYSTOOLS® SOFTWARE WILL NOT BE LIABLE FOR INCIDENTIAL, CONSEQUENTIAL OR INDIRECT DAMAGES (WITHOUT LIMITATION, DAMAGES FOR BUSINESS PROFITS, LOSS OF ANY KIND OF BUSINESS INFORMATION, BUSINESS INTERRUPTION OR OTHER MONETARY LOSS) BY THE USE OF SOFTWARE PRODUCT OR INABILITY TO USE OR FAILURE TO PROVIDE SUPPORT SERVICES. IN ANY CASE SYSTOOLS® SOFTWARE ENTIRE LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU DURING THE TIME OF SOFTWARE PURCHASE.YOUR

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE SOFTWARE AND THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE, AND THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY THE COMPANY OR A THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SYSTOOLS® SOFTWARE WILL THE COMPANY OR ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU FOR ANY CONSEQUENTIALDAMAGES WHATSOEVER (INCLUDING, SPECIALWITHOUT LIMITATION, INCIDENTAL DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR INDIRECT DAMAGES OF ANY KIND SOFTWARE DISRUPTION, IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF THE DELIVERY, PERFORMANCE USE OR INABILITY TO USE OF THE SOFTWARE, OR THE INCOMPATIBILITY OF THE SOFTWARE WITH ANY HARDWARE, SOFTWARE OR USAGE, EVEN IF SYSTOOLS® SOFTWARE HAS YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SYSTOOLS® SOFTWARE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY CLAIMONE OR MORE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY EXCEEDS THE LICENSE FEE PAID BY YOUOTHERWISE, IF ANY. ACKNOWLEDGMENT BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FORE GOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE DESCRIBED HEREIN. SYSTOOLS® SOFTWARE WILL NOT BE LIABLE FOR INCIDENTIAL, CONSEQUENTIAL OR INDIRECT DAMAGES (WITHOUT LIMITATION, DAMAGES FOR BUSINESS PROFITS, LOSS OF ANY KIND OF BUSINESS INFORMATION, BUSINESS INTERRUPTION OR OTHER MONETARY LOSS) BY THE USE OF SOFTWARE PRODUCT OR INABILITY TO USE OR FAILURE TO PROVIDE SUPPORT SERVICES. IN ANY CASE SYSTOOLS® SOFTWARE ENTIRE LIABILITY SHALL BE LIMITED TO EXCEED THE AMOUNT ACTUALLY PAID BY YOU DURING FOR THE TIME SOFTWARE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. DO NOT USE THIS SOFTWARE PURCHASEIF YOU DO NOT UNDERSTAND THIS AGREEMENT WHETHER IN PART OR IN WHOLE.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. (A) TREND MICRO DOES NOT SEEK TO LIMIT OR EXCLUDE ITS LIABILITY IN THE EVENT OF DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR FOR FRAUD OR FOR ANY OTHER LIABILITY FOR WHICH IT IS NOT PERMITTED BY LAW TO EXCLUDE. (B) SUBJECT TO SECTION (A) ABOVE, IN NO EVENT SHALL SYSTOOLS® SOFTWARE OR ITS SUPPLIERS TREND MICRO BE LIABLE TO YOU FOR ANY LOSSES WHICH WERE NOT REASONABLY FORSEEABLE AT THE TIME OF ENTERING INTO THIS AGREEMENT OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR FOR LOST OR CORRUPTED DATA OR MEMORY, SYSTEM CRASH, DISK/SYSTEM DAMAGE, LOST PROFITS OR SAVINGS, OR LOSS OF BUSINESS, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, SOFTWARE AND SERVICE. THESE LIMITATIONS APPLY EVEN IF SYSTOOLS® SOFTWARE TREND MICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT WILL SYSTOOLS® SOFTWARE CIRCUMSTANCES SHALL THE MAXIMUM LIABILITY FOR ANY CLAIMOF TREND MICRO, WHETHER IN CONTRACT, TORT ITS AFFILIATES AND SUPPLIERS TO YOU ARISING FROM OR ANY OTHER THEORY OF LIABILITY EXCEEDS RELATING TO THIS AGREEMENT EXCEED THE LICENSE FEE PAID BY YOULICENCE FEE, IF ANY, PAID BY YOU FOR USE OF THE SOFTWARE AND SERVICE. ACKNOWLEDGMENT BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FORE GOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS THE LIMITATIONS OF LIABILITY IN THIS SECTION 5 AND CONDITIONS. YOU ALSO AGREE ACKNOWLEDGE THAT WITHOUT YOUR AGREEMENT TO THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTSPROVISION, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE DESCRIBED HEREIN. SYSTOOLS® SOFTWARE WILL TREND MICRO WOULD NOT BE LIABLE FOR INCIDENTIAL, CONSEQUENTIAL OR INDIRECT DAMAGES (WITHOUT LIMITATION, DAMAGES FOR BUSINESS PROFITS, LOSS OF ANY KIND OF BUSINESS INFORMATION, BUSINESS INTERRUPTION OR OTHER MONETARY LOSS) BY ABLE TO OFFER YOU THE USE OF SOFTWARE PRODUCT OR INABILITY RIGHT TO USE OR FAILURE TO PROVIDE SUPPORT SERVICES. IN ANY CASE SYSTOOLS® THE SOFTWARE ENTIRE LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU DURING THE TIME OF SOFTWARE PURCHASEAND SERVICES AT NO CHARGE.