DISCLAIMER OF LIABILITY. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DISCLAIMER OF LIABILITY. Subject to the provisions of Article 9("Limitation of Warranty"), DIT shall not be liable to the Customer or any third party for any direct or indirect damage that may be caused to them by the use of the Software pursuant to this Agreement (including but not limited to loss of profit or loss of data resulting from the use of or inability to use the Software), even if DIT has been advised of the possibility of such damage. In no event shall DIT's liability under this Agreement exceed the purchase price paid for the Software and the License Certificate. The above provisions of disclaimer or limitation of liability shall apply irrespective of whether the Customer returns the Software or not.