Common use of Remedies; Limitation of Liability Clause in Contracts

Remedies; Limitation of Liability. We are not liable for any damages related to a Contractor's failure to remove an excerpt or preview of the Work or update the version of the Work subject to this Agreement during its Term, provided that We have given notice of the requested change to such Contractor. We will not be liable to You for copyright infringement, or in any other way, for the failure of a retailer or Contractor to cease the production, sale and distribution of the Work to remove an excerpt or preview of the Work after this Agreement is terminated, provided that We have given notice of the requested change to such Contractor. We will continue to pay Royalties for any sales made by Us or Our Contractors after the termination of this Agreement. In the event that We publish the Work in any format other than the format selected and purchased by You, Your sole remedy will be the payment of Royalties on any sale of the Work in the non-selected format; and, upon written notice from You, We will delist and request Our Contractors to delist such version. The Parties intend that the payment of Royalties if a sale of the Work occurs after this Agreement is terminated or if the Work is published in a non-selected format constitutes Liquidated Damages and compensation, but not a penalty. The Parties acknowledge and agree that any harm to You caused by the publication of the Work in an non—selected format or a sale of the Work after this Agreement is terminated would be impossible or very difficult to accurately estimate at the time of making of this Agreement and at the time of such event occurs, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise. Our payment of the Liquidated Damages is Our sole liability and entire obligation, as well as Your exclusive remedy if such a sale or publication occurs. LIMITATION OF LIABILITY. IN NO EVENT WILL WE OR ANY OF OUR EMPLOYEES, REPRESENTATIVES, OFFICERS, DIRECTORS, OR OWNERS OR CONTRACTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF COPYRIGHT INFRINGEMENT, BREACH OF CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL OUR OR OUR CONTRACTORS' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO COPYRIGHT INFRINGEMENT, BREACH OF CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS ACTUALLY PAID TO US BY YOU FOR THE APPLICABLE SERVICES. The exclusions and limitations in this Section will not apply to damages or other liabilities arising out of Our or Our Contractors’ gross negligence or willful or intentional misconduct.

Remedies; Limitation of Liability. We are not liable for any damages related to a Contractor's failure to remove an excerpt advertisement, listing, excerpt, or preview of the Work Work; or to update the version of the Work W ork subject to this Agreement during its Term, provided that We W e have given notice of the requested change to such Contractor. We W e will not be liable to You for copyright infringement, or in any other way, for the failure of a retailer or Contractor to cease the production, sale and distribution of the Work Work, or to remove an excerpt advertisement, listing, excerpt, or preview of the Work Work, after this Agreement is terminated, provided that We W e have given notice of the requested change to such Contractor. We W e will continue to pay Royalties for any sales made by Us or Our Contractors after the termination of this Agreement. In the event that We W e publish the Work W ork in any format other than the format selected and purchased by You, Your sole remedy will be the payment of Royalties on any sale of the Work W ork in the non-selected format; and, upon written notice from You, We W e will delist and request that Our Contractors to delist such version. The Parties intend that the payment of Royalties if a sale of the Work W ork occurs after this Agreement is terminated or if the Work W ork is published in a non-selected format constitutes Liquidated Damages and compensation, but not a penalty. The Parties acknowledge and agree that any harm to You caused by the publication of the Work W ork in an non—selected format or a sale of the Work W ork after this Agreement is terminated would be impossible or very difficult to accurately estimate at the time of making of this Agreement and at the time of such event occurs, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise. Our payment of the Liquidated Damages is Our sole liability and entire obligation, as well as Your exclusive remedy if such a sale or publication occurs. LIMITATION OF LIABILITY. IN NO EVENT WILL WE W ILL W E OR ANY OF OUR EMPLOYEES, REPRESENTATIVES, OFFICERS, DIRECTORS, OR OWNERS OW NERS OR CONTRACTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, PROFIT, OR PROFIT OR LOSS OF DATA OR DATA, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER W HETHER ARISING OUT OF COPYRIGHT INFRINGEMENTINFRINGEMENT OR MISAPPROPRIATION OF COPYRIGHT, PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS, BREACH OF CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE), OR OTHERWISEOTHERW ISE, REGARDLESS OF WHETHER W HETHER SUCH DAMAGE WAS W AS FORESEEABLE AND WHETHER W HETHER OR NOT WE W E HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING NOTW ITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL W ILL OUR OR OUR CONTRACTORS' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER W HETHER ARISING OUT OF OR RELATED TO COPYRIGHT INFRINGEMENTINFRINGEMENT OR MISAPPROPRIATION OF COPYRIGHT, PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS, BREACH OF CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE) OR OTHERWISEOTHERW ISE, EXCEED THE AGGREGATE AMOUNTS ACTUALLY PAID TO US BY YOU FOR THE APPLICABLE SERVICES, W ITH THE EXCEPTION OF CLAIMS FOR ROYALTIES, THE AGGREGATE LIABILITY FOR W HICH SHALL NOT EXCEED THE ACTUAL AMOUNT OF ROYALTIES DUE TO YOU UNDER THIS AGREEMENT. The exclusions and limitations in this Section will not apply to damages or other liabilities arising out of Our or Our Contractors’ gross negligence or willful or intentional misconduct.

Remedies; Limitation of Liability. We are not liable for any damages related to a Contractor's failure to remove an excerpt advertisement, listing, excerpt, or preview of the Work Work; or to update the version of the Work W ork subject to this Agreement during its Term, provided that We W e have given notice of the requested change to such Contractor. We W e will not be liable to You for copyright infringement, or in any other way, for the failure of a retailer or Contractor to cease the production, sale and distribution of the Work W ork, or to remove an excerpt advertisement, listing, excerpt, or preview of the Work Work, after this Agreement is terminated, provided that We W e have given notice of the requested change to such Contractor. We W e will continue to pay Royalties for any sales made by Us or Our Contractors after the termination of this Agreement. In the event that We W e publish the Work W ork in any format other than the format selected and purchased by You, Your sole remedy will be the payment of Royalties on any sale of the Work W ork in the non-selected format; and, upon written notice from You, We W e will delist and request that Our Contractors to delist such version. The Parties intend that the payment of Royalties if a sale of the Work W ork occurs after this Agreement is terminated or if the Work W ork is published in a non-selected format constitutes Liquidated Damages and compensation, but not a penalty. The Parties acknowledge and agree that any harm to You caused by the publication of the Work W ork in an non—selected format or a sale of the Work W ork after this Agreement is terminated would be impossible or very difficult to accurately estimate at the time of making of this Agreement and at the time of such event occurs, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise. Our payment of the Liquidated Damages is Our sole liability and entire obligation, as well as Your exclusive remedy if such a sale or publication occurs. LIMITATION OF LIABILITY. IN NO EVENT WILL WE W ILL W E OR ANY OF OUR EMPLOYEES, REPRESENTATIVES, OFFICERS, DIRECTORS, OR OWNERS OW NERS OR CONTRACTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, PROFIT, OR PROFIT OR LOSS OF DATA OR DATA, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER W HETHER ARISING OUT OF COPYRIGHT INFRINGEMENTINFRINGEMENT OR MISAPPROPRIATION OF COPYRIGHT, PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS, BREACH OF CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE), OR OTHERWISEOTHERW ISE, REGARDLESS OF WHETHER W HETHER SUCH DAMAGE WAS W AS FORESEEABLE AND WHETHER W HETHER OR NOT WE W E HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING NOTW ITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL W ILL OUR OR OUR CONTRACTORS' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER W HETHER ARISING OUT OF OR RELATED TO COPYRIGHT INFRINGEMENTINFRINGEMENT OR MISAPPROPRIATION OF COPYRIGHT, PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS, BREACH OF CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE) OR OTHERWISEOTHERW ISE, EXCEED THE AGGREGATE AMOUNTS ACTUALLY PAID TO US BY YOU FOR THE APPLICABLE SERVICES, W ITH THE EXCEPTION OF CLAIMS FOR ROYALTIES, THE AGGREGATE LIABILITY FOR W HICH SHALL NOT EXCEED THE ACTUAL AMOUNT OF ROYALTIES DUE TO YOU UNDER THIS AGREEMENT. The exclusions and limitations in this Section will not apply to damages or other liabilities arising out of Our or Our Contractors’ gross negligence or willful or intentional misconduct.

Remedies; Limitation of Liability. We are Revvity will not be responsible or liable for any damages related to a Contractor's failure to remove an excerpt Service problems or preview issues arising from (i) use of the Work Service by Customer or update the version of the Work subject to this Agreement during its Term, provided that We have given notice of the requested change to such Contractor. We will not be liable to You for copyright infringement, or any User in any other way, for the failure of a retailer or Contractor to cease the production, sale and distribution of the Work to remove an excerpt or preview of the Work after this Agreement is terminated, provided that We have given notice of the requested change to such Contractor. We will continue to pay Royalties for any sales made by Us or Our Contractors after the termination breach of this Agreement. In the event that We publish the Work in any format other than the format selected and purchased by You; (ii) modification, Your sole remedy will be the payment of Royalties on any sale alteration, or configuration of the Work Service by or for Customer that has not been authorized in writing by Revvity; (iii) hardware, software, technology, intellectual property, communications facilities, or equipment which has not been provided by Revvity; (iv) any act or omission of Customer or any User that prevents, delays, disturbs, or interferes with Revvity’s performance of its obligations hereunder; or (v) performance or security issues encountered with the Service that result from Customer’s failure to accept the application of Patches that are necessary for the proper function and security of the Service. If the Services or Professional Services fail to meet the express warranties set forth in this Section 15, Revvity will, in Revvity’s sole discretion and as Customer’s sole and exclusive remedy, either (i) correct the non-selected formatconformities in the Service in accordance with the SLA, or re-perform the affected Professional Services; and, upon written notice from You, We will delist or (ii) terminate the affected Service or SOW and request Our Contractors provide to delist such version. The Parties intend that Customer a refund for the payment of Royalties if a sale remaining duration of the Work occurs after this Agreement is terminated purchased subscription term or if for the Work is published in a non-selected format constitutes Liquidated Damages and compensation, but not a penalty. The Parties acknowledge and agree that any harm to You caused by the publication affected portion of the Work in an non—selected format or a sale Professional Services, as applicable. For clarity, Customer’s sole and exclusive remedies for breach of the Work after this Agreement is terminated would be impossible or very difficult to accurately estimate at SLA are as set forth in the time of making of this Agreement and at the time of such event occursSLA. EXCEPT IN CONNECTION WTH (A) CUSTOMER’S BREACH OF SECTION 2, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise. Our payment of the Liquidated Damages is Our sole liability and entire obligation(B) A PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER, as well as Your exclusive remedy if such a sale or publication occurs. LIMITATION OR (C) A PARTY’S BREACH OF LIABILITY. IN NO EVENT WILL WE SECTION 13, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY OF OUR EMPLOYEESDAMAGES FOR BUSINESS INTERRUPTION, REPRESENTATIVES, OFFICERS, DIRECTORS, OR OWNERS OR CONTRACTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, LOSS OF PROFITS (EXCLUDING FEES PAYABLE OR PROFIT OR LOSS DUE UNDER THIS AGREEMENT), DATA LOSS, BREACH OF DATA OR DIMINUTION IN VALUESYSTEM SECURITY, OR FOR ANY CONSEQUENTIALDATA USE, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF COPYRIGHT INFRINGEMENT, BREACH OF CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER EVEN IF SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT WE HAVE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, DAMAGES AND NOTWITHSTANDING THE FAILURE EVEN IF AVAILABLE REMEDIES ARE FOUND TO HAVE FAILED OF ANY AGREED OR OTHER REMEDY OF ITS THEIR ESSENTIAL PURPOSE. IN NO EVENT WILL OUR REVVITY’S LICENSORS BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR OUR CONTRACTORS' CONSEQUENTIAL, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR DATA USE, ARISING FROM THE USE OF THE SERVICE OR THIRD-PARTY SOFTWARE. REVVITY’S AGGREGATE LIABILITY FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO COPYRIGHT INFRINGEMENT, BREACH OF IN CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE) TORT, OR OTHERWISE, EXCEED SHALL BE LIMITED TO THE AGGREGATE TOTAL AMOUNTS ACTUALLY PAID OR PAYABLE BY CUSTOMER TO US BY YOU REVVITY FOR THE APPLICABLE SERVICES. The exclusions and limitations in this Section will not apply to damages or other liabilities arising out of Our or Our Contractors’ gross negligence or willful or intentional misconductSERVICE GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE OF THE CAUSE OF ACTION.

Remedies; Limitation of Liability. We are not liable for any damages related to a Contractor's failure to remove an excerpt or preview of the Work or update the version of the Work subject to this Agreement during its Term, provided that We have given notice of the requested change to such Contractor. We will not be liable to You for copyright infringement, or in any other way, for the failure of a retailer or Contractor to cease the production, sale and distribution of the Work to remove an excerpt or preview of the Work after this Agreement is terminated, provided that We have given notice of the requested change to such Contractor. We will continue to pay Royalties for any sales made by Us or Our Contractors after the termination of this Agreement. In the event that We publish the Work in any format other than the format selected and purchased by You, Your sole remedy will be the payment of any Royalties on any sale of the Work in the non-selected format; and, format and upon written notice from You, You will We will seek to delist and request Our Contractors to delist such version. The Parties intend that the payment of Royalties if a sale of the Work occurs after this Agreement is terminated or if the Work is in published in a non-selected format constitutes Liquidated Damages and compensation, but not a penalty. The Parties acknowledge and agree that any harm to You caused by the publication of the Work in an non—selected format or a sale of the Work after this Agreement is terminated would be impossible or very difficult to accurately estimate at the time of making of this Agreement and at the time of such event occurs, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise. Our payment of the Liquidated Damages is Our sole liability and entire obligation, as well as Your exclusive remedy if such a sale or publication occurs. LIMITATION OF LIABILITY. IN NO EVENT WILL WE OR ANY OF OUR EMPLOYEES, REPRESENTATIVES, OFFICERS, DIRECTORS, OR OWNERS OR CONTRACTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF COPYRIGHT INFRINGEMENT, BREACH OF CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL OUR OR OUR CONTRACTORS' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO COPYRIGHT INFRINGEMENT, BREACH OF CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS ACTUALLY PAID TO US BY YOU FOR THE APPLICABLE SERVICES. The exclusions and limitations in this Section will not apply to damages or other liabilities arising out of Our or Our Contractors’ gross negligence or willful or intentional misconduct.

Remedies; Limitation of Liability. We are not liable for any damages related to a Contractor's failure to remove an excerpt or preview of the Work or update the version of the Work subject to this Agreement during its Term, provided that We have given notice of the requested change to such Contractor. We will not be liable to You for copyright infringement, or in any other way, for the failure of a retailer or Contractor to cease the production, sale and distribution of the Work to remove an excerpt or preview of the Work after this Agreement is terminated, provided that We have given notice of the requested change to such Contractor. We will continue to pay Royalties for any sales made by Us or Our Contractors after the termination of this Agreement. In the event that We publish the Work in any format other than the format selected and purchased by You, Your sole remedy will be the payment of Royalties on any sale of the Work in the non-selected format; and, upon written notice from You, We will delist and request Our Contractors to delist such version. The Parties intend that the payment of Royalties if a sale of the Work occurs after this Agreement is terminated or if the Work is published in a non-selected format constitutes Liquidated Damages and compensation, but not a penalty. The Parties acknowledge and agree that any harm to You caused by the publication of the Work in an non—selected format or a sale of the Work after this Agreement is terminated would be impossible or very difficult to accurately estimate at the time of making of this Agreement and at the time of such event occurs, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise. Our payment of the Liquidated Damages is Our sole liability and entire obligation, as well as Your exclusive remedy if such a sale or publication occurs. LIMITATION OF LIABILITY. IN NO EVENT WILL WE OR ANY OF OUR EMPLOYEES, REPRESENTATIVES, OFFICERS, DIRECTORS, OR OWNERS OR CONTRACTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF COPYRIGHT INFRINGEMENT, BREACH OF CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL OUR OR OUR CONTRACTORS' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO COPYRIGHT INFRINGEMENT, BREACH OF CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS ACTUALLY PAID TO US BY YOU FOR THE APPLICABLE SERVICES, WITH THE EXCEPTION OF CLAIMS FOR ROYALTIES, THE AGGREGATE LIABILITY FOR WHICH SHALL NOT EXCEED THE ACTUAL AMOUNT OF ROYALTIES DUE TO YOU UNDER THIS AGREEMENT. The exclusions and limitations in this Section will not apply to damages or other liabilities arising out of Our or Our Contractors’ gross negligence or willful or intentional misconduct.

Remedies; Limitation of Liability. We are not liable for any damages related to a Contractor's failure to remove an excerpt advertisement, listing, excerpt, or preview of the Work Work; or to update the version of the Work subject to this Agreement during its Term, provided that We have given notice of the requested change to such Contractor. We will not be liable to You for copyright infringement, or in any other way, for the failure of a retailer or Contractor to cease the production, sale and distribution of the Work Work, or to remove an excerpt advertisement, listing, excerpt, or preview of the Work Work, after this Agreement is terminated, provided that We have given notice of the requested change to such Contractor. We will continue to pay Royalties for any sales made by Us or Our Contractors after the termination of this Agreement. In the event that We publish the Work in any format other than the format selected and purchased by You, Your sole remedy will be the payment of Royalties on any sale of the Work in the non-selected format; and, upon written notice from You, We will delist and request that Our Contractors to delist such version. The Parties intend that the payment of Royalties if a sale of the Work occurs after this Agreement is terminated or if the Work is published in a non-selected format constitutes Liquidated Damages and compensation, but not a penalty. The Parties acknowledge and agree that any harm to You caused by the publication of the Work in an non—selected format or a sale of the Work after this Agreement is terminated would be impossible or very difficult to accurately estimate at the time of making of this Agreement and at the time of such event occurs, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise. Our payment of the Liquidated Damages is Our sole liability and entire obligation, as well as Your exclusive remedy if such a sale or publication occurs. LIMITATION OF LIABILITY. IN NO EVENT WILL WE OR ANY OF OUR EMPLOYEES, REPRESENTATIVES, OFFICERS, DIRECTORS, OR OWNERS OR CONTRACTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, PROFIT, OR PROFIT OR LOSS OF DATA OR DATA, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF COPYRIGHT INFRINGEMENTINFRINGEMENT OR MISAPPROPRIATION OF COPYRIGHT, PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS, BREACH OF CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL OUR OR OUR CONTRACTORS' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO COPYRIGHT INFRINGEMENTINFRINGEMENT OR MISAPPROPRIATION OF COPYRIGHT, PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS, BREACH OF CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS ACTUALLY PAID TO US BY YOU FOR THE APPLICABLE SERVICES, WITH THE EXCEPTION OF CLAIMS FOR ROYALTIES, THE AGGREGATE LIABILITY FOR WHICH SHALL NOT EXCEED THE ACTUAL AMOUNT OF ROYALTIES DUE TO YOU UNDER THIS AGREEMENT. The exclusions and limitations in this Section will not apply to damages or other liabilities arising out of Our or Our Contractors’ gross negligence or willful or intentional misconduct.

Remedies; Limitation of Liability. We are not liable for any damages related to a Contractor's failure to remove an excerpt advertisement, listing, excerpt, or preview of the Work Work, or to update the version of the Work W ork subject to this Agreement during its Term, provided that We W e have given notice of the requested change to such Contractor. We W e will not be liable to You for copyright infringement, or in any other way, for the failure of a retailer or Contractor to cease the production, sale and distribution of the Work W ork, or to remove an excerpt advertisement, listing, excerpt, or preview of the Work Work, after this Agreement is terminated, provided that We W e have given notice of the requested change to such Contractor. We W e will continue to pay Royalties for any sales made by Us or Our Contractors after the termination of this Agreement. In the event that We W e publish the Work W ork in any format other than the format selected and purchased by You, Your sole remedy will be the payment of Royalties on any sale of the Work W ork in the non-selected format; and, upon written notice from You, We W e will delist and request that Our Contractors to delist such version. The Parties intend that the payment of Royalties if a sale of the Work W ork occurs after this Agreement is terminated or if the Work W ork is published in a non-selected format constitutes Liquidated Damages and compensation, but not a penalty. The Parties acknowledge and agree that any harm to You caused by the publication of the Work W ork in an non—selected format or a sale of the Work W ork after this Agreement is terminated would be impossible or very difficult to accurately estimate at the time of making of this Agreement and at the time of such event occurs, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise. Our payment of the Liquidated Damages is Our sole liability and entire obligation, as well as Your exclusive remedy if such a sale or publication occurs. LIMITATION OF LIABILITY. IN NO EVENT WILL WE W ILL W E OR ANY OF OUR EMPLOYEES, REPRESENTATIVES, OFFICERS, DIRECTORS, OR OWNERS OW NERS OR CONTRACTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR FOR: ANY LOSS OF USE, REVENUE, PROFIT, OR PROFIT OR LOSS OF DATA OR DATA, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER W HETHER ARISING OUT OF COPYRIGHT INFRINGEMENTINFRINGEMENT OR MISAPPROPRIATION OF COPYRIGHT, PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS, BREACH OF CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE), OR OTHERWISEOTHERW ISE, REGARDLESS OF WHETHER W HETHER SUCH DAMAGE WAS W AS FORESEEABLE AND WHETHER W HETHER OR NOT WE W E HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING NOTW ITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL W ILL OUR OR OUR CONTRACTORS' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER W HETHER ARISING OUT OF OR RELATED TO COPYRIGHT INFRINGEMENTINFRINGEMENT OR MISAPPROPRIATION OF COPYRIGHT, PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS, BREACH OF CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE) OR OTHERWISEOTHERW ISE, EXCEED THE AGGREGATE AMOUNTS ACTUALLY PAID TO US BY YOU FOR THE APPLICABLE SERVICES, W ITH THE EXCEPTION OF CLAIMS FOR ROYALTIES, THE AGGREGATE LIABILITY FOR W HICH SHALL NOT EXCEED THE ACTUAL AMOUNT OF ROYALTIES DUE TO YOU UNDER THIS AGREEMENT. The exclusions and limitations in this Section will not apply to damages or other liabilities arising out of Our or Our Contractors’ gross negligence or willful or intentional misconduct.

Remedies; Limitation of Liability. We are not liable for any damages related to a Contractor's failure to remove an excerpt advertisement, listing, excerpt, or preview of the Work W ork or to update the version of the Work W ork subject to this Agreement during its Term, provided that We W e have given notice of the requested change to such Contractor. We W e will not be liable to You for copyright infringement, or in any other way, for the failure of a retailer or Contractor to cease the production, sale and distribution of the Work W ork, or to remove an excerpt advertisement, listing, excerpt, or preview of the Work W ork, after this Agreement is terminated, provided that We W e have given notice of the requested change to such Contractor. We W e will continue to pay Royalties for any sales made by Us or Our Contractors after the termination of this Agreement. If Our ability to fulfill Services becomes impaired or impossible, W e may change or discontinue provision of any individual Service or group of Services without prior notice: (a) to comply with applicable legal requirements; (b) in the event of the cessation or change to Our contract with a contractor impacting the Services that W e are obliged to fulfill for You; (c) due to any other adverse economic circumstance which renders the supply of any Service uneconomical for Us; (d) in the event of a cancellation, postponement, or other change with respect to a scheduled event; (e) in the event of a failure by Us, whether temporary or permanent, to maintain adequate staffing or equipment to support such Service during the applicable time period; or (f) due to a Force Majeure Event. Your remedies if You object to any change to a Service You purchased are outlined in Section 4 (Termination & Refunds). Despite Our efforts, Our ability to deliver Services is influenced by many factors beyond Our control. For this reason, W e do not guarantee, and shall not be liable for, failing to provide any Service by any desired deadline. In the event that We W e publish the Work in any format other than the format selected and purchased by You, Your sole remedy will be the payment of Royalties on any sale of the Work W ork in the non-selected format; and, upon written notice from You, We W e will delist and request that Our Contractors to delist such version. The Parties intend that the payment of Royalties if a sale of the Work W ork occurs after this Agreement is terminated or if the Work W ork is published in a non-selected format constitutes Liquidated Damages and compensation, but not a penalty. The Parties acknowledge and agree that any harm to You caused by the publication of the Work W ork in an non—selected format or a sale of the Work W ork after this Agreement is terminated would be impossible or very difficult to accurately estimate at the time of making of this Agreement and at the time of such event occurs, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise. Our payment of the Liquidated Damages is Our sole liability and entire obligation, as well as Your exclusive remedy if such a sale or publication occurs. LIMITATION OF LIABILITY. IN NO EVENT WILL WE W ILL W E OR ANY OF OUR EMPLOYEES, REPRESENTATIVES, OFFICERS, DIRECTORS, OR OWNERS OW NERS OR CONTRACTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, PROFIT, OR PROFIT OR LOSS OF DATA OR DATA, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER W HETHER ARISING OUT OF COPYRIGHT INFRINGEMENTINFRINGEMENT OR MISAPPROPRIATION OF COPYRIGHT, PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS, BREACH OF CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE), OR OTHERWISEOTHERW ISE, REGARDLESS OF WHETHER W HETHER SUCH DAMAGE WAS W AS FORESEEABLE AND WHETHER W HETHER OR NOT WE W E HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING NOTW ITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL W ILL OUR OR OUR CONTRACTORS' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER W HETHER ARISING OUT OF OR RELATED TO COPYRIGHT INFRINGEMENTINFRINGEMENT OR MISAPPROPRIATION OF COPYRIGHT, PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS, BREACH OF CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE) OR OTHERWISEOTHERW ISE, EXCEED THE AGGREGATE AMOUNTS ACTUALLY PAID TO US BY YOU FOR THE APPLICABLE SERVICES, W ITH THE EXCEPTION OF CLAIMS FOR ROYALTIES, THE AGGREGATE LIABILITY FOR W HICH SHALL NOT EXCEED THE ACTUAL AMOUNT OF ROYALTIES DUE TO YOU UNDER THIS AGREEMENT. The exclusions and limitations in this Section will not apply to damages or other liabilities arising out of Our or Our Contractors’ gross negligence or willful or intentional misconduct.

Remedies; Limitation of Liability. We are not liable for any damages related to a Contractor's contractor’s failure to remove an excerpt or preview of the Work work or update the version of the Work work subject to this Agreement during its Termterm, provided that We we have given notice of the requested change to such Contractorcontractor. We will not be liable to You you for copyright infringement, or in any other way, for the failure of a retailer or Contractor contractor to cease the production, sale and distribution of the Work work to remove an excerpt or preview of the Work work after this Agreement is terminated, provided that We we have given notice of the requested change to such Contractorcontractor. We will continue to pay Royalties for any sales made by Us us or Our Contractors our contractors after the termination of this Agreement. In the event that We we publish the Work work in any format other than the format selected and purchased by Youyou, Your your sole remedy will be the payment of any Royalties on any sale of the Work work in the non-selected format; and, format and upon written notice from Youyou, We we will delist and request Our Contractors our contractors to delist such version. The Parties parties intend that the payment of Royalties if a sale of the Work work occurs after this Agreement is terminated or if the Work is work in published in a non-selected nonselected format constitutes Liquidated Damages and compensation, but not a penalty. The Parties parties acknowledge and agree that any harm to You you caused by the publication of the Work work in an a non—-selected format or a sale of the Work work after this Agreement is terminated would be impossible or very difficult to accurately estimate at the time of making of this Agreement and at the time of such event occurs, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise. Our payment of the Liquidated Damages is Our our sole liability and entire obligation, as well as Your your exclusive remedy if such a sale or publication occurs. LIMITATION OF LIABILITY. IN NO EVENT WILL WE OR ANY OF OUR EMPLOYEES, REPRESENTATIVES, OFFICERS, DIRECTORS, OR OWNERS OR CONTRACTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF COPYRIGHT INFRINGEMENT, BREACH OF CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL OUR OR OUR CONTRACTORS' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO COPYRIGHT INFRINGEMENT, BREACH OF CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS ACTUALLY PAID TO US BY YOU FOR THE APPLICABLE SERVICES. The exclusions and limitations in this Section section will not apply to damages or other liabilities arising out of Our our or Our Contractorsour contractors’ gross negligence or willful or intentional misconduct.. COMPLETE AGREEMENT This written contract is deemed as the sole and entire agreement between Stellar Literary Press and Media and the Author. By proceeding to sign thru “DocuSign” you are providing your electronic signature and conforming to complete this agreement. You certify that you are over the age of eighteen (18) and/or You certify that this form is accomplished by you with accompanied legal aged parent/guardian. Author Signature

Remedies; Limitation of Liability. We and/or Our Affiliates are not liable for any damages related to a Contractor's failure to remove an excerpt or preview of the Work or update the version of the Work subject to this Agreement during its Term, provided that We have given following notice of the requested change to such Contractor. We will and/or Our Affiliates are not be liable to You for copyright infringement, or in any other way, for the failure of a retailer or Contractor to cease the production, sale and distribution of the Work to remove an excerpt or preview of the Work after this Agreement is terminated, provided that We have given following notice of the requested change to such Contractor. We will continue to pay Royalties for any sales made by Us or Our Contractors after the termination of this Agreement. In the event that We publish the Work in any format other than the format selected and purchased by You, Your sole remedy will be the payment of Royalties on any sale of the Work in the non-selected format; and, upon written notice from You, We will delist and request Our Contractors to delist such version. The Parties parties intend that the payment of Royalties if a sale of the Work occurs after this Agreement is terminated or if the Work is published in a non-selected format constitutes Liquidated Damages and compensation, but not a penalty. The Parties acknowledge and agree that any harm to You caused by the publication of the Work in an non—selected format or a sale of the Work after this Agreement is terminated would be impossible or very difficult to accurately estimate at the time of making of this Agreement and at the time of such event occurs, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise. Our payment of the Liquidated Damages is Our sole liability and entire obligation, as well as Your exclusive remedy if such a sale or publication occurs. LIMITATION OF LIABILITY. IN NO EVENT WILL WE OR ANY OF OUR EMPLOYEES, REPRESENTATIVES, OFFICERS, DIRECTORS, OR OWNERS OR CONTRACTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF COPYRIGHT INFRINGEMENT, BREACH OF CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL OUR OR OUR CONTRACTORS' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO COPYRIGHT INFRINGEMENT, BREACH OF CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS ACTUALLY PAID TO US BY YOU FOR THE APPLICABLE SERVICES. The exclusions and limitations in this Section will not apply to damages or other liabilities arising out of Our or Our Contractors’ gross negligence or willful or intentional misconduct.