Common use of Disclaimer; Limitation of Liability Clause in Contracts

Disclaimer; Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED UNDER THIS AGREEMENT, THE SOFTWARE LICENSED BY EACH PARTY TO THE OTHER PURSUANT TO THIS AGREEMENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ANY REPRESENTATIONS OR WARRANTIES MADE BY EITHER PARTY TO ITS CUSTOMERS, EXPRESS OR 8 9 IMPLIED BY LAW OR OTHERWISE, REGARDING INTELLECTUAL PROPERTY ARE THE SOLE RESPONSIBILITY OF SUCH PARTY. EACH DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, INDIRECT, DIRECT, ECONOMIC, PUNITIVE, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer; Limitation of Liability. 11.1 EXCEPT AS OTHERWISE PROVIDED UNDER EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SOFTWARE LICENSED BY EACH NEITHER PARTY MAKES ANY WARRANTIES IN THIS AGREEMENT AS TO PRODUCTS, TECHNOLOGY, MATERIALS, SERVICES, INFORMATION OR OTHER ITEMS IT FURNISHES TO THE OTHER PURSUANT TO THIS AGREEMENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ANY REPRESENTATIONS OR WARRANTIES MADE BY EITHER PARTY TO ITS CUSTOMERSPARTY, EXPRESS OR 8 9 IMPLIED BY LAW OR OTHERWISE, REGARDING INTELLECTUAL PROPERTY ARE THE SOLE RESPONSIBILITY OF SUCH PARTY. EACH DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH ITEMS ARE FREE FROM THE RIGHTFUL CLAIM OF ANY THIRD PARTY, BY WAY OF INFRINGEMENT OR THE LIKE. EXCEPT IN NO EVENT THE CASE OF A BREACH OF SECTION 10 OF THIS AGREEMENT BY LICENSEE, NEITHER PARTY SHALL NOT BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL OR ANY OTHER INDIRECT LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT OR ANY RESULTING OBLIGATION OR THE USE OF ANY INTELLECTUAL PROPERTY RECEIVED HEREUNDER, WHETHER IN AN ACTION FOR OR ARISING OUT OF BREACH OF CONTRACT, FOR TORT, OR ANY OTHER CAUSE OF ACTION. EITHER PARTY (THE “DISCLOSING PARTY”) SHALL BE LIABLE FOR PERMITTED TO ENJOIN THE UNAUTHORIZED USE BY THE OTHER PARTY OF ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, INDIRECT, DIRECT, ECONOMIC, PUNITIVE, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS DISCLOSING PARTY’S INFORMATION, OR OTHER PECUNIARY LOSS) EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer; Limitation of Liability. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, NO WARRANTIES ARE GIVEN IN RESPECT OF THE SUCCESSFUL SALE OF ANY PRODUCT, OR THE SUITABILITY OF ANY PRODUCT PRODUCED UNDER THIS AGREEMENT FOR ANY PARTICULAR PURPOSE OR USE UNDER ANY CONDITIONS. ANY IMPLICATION OF SUCH WARRANTY IS HEREBY EXCLUDED. EXCEPT AS OTHERWISE PROVIDED UNDER THIS AGREEMENT, THE SOFTWARE LICENSED BY EACH PARTY TO THE OTHER PURSUANT TO THIS AGREEMENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ANY REPRESENTATIONS OR WARRANTIES MADE BY EITHER PARTY TO ITS CUSTOMERS, EXPRESS OR 8 9 IMPLIED BY LAW OR OTHERWISE, REGARDING INTELLECTUAL PROPERTY ARE THE SOLE RESPONSIBILITY OF SUCH PARTY. EACH DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HEREIN IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATIONTHE INDIRECT, CONSEQUENTIALSPECIAL, INCIDENTAL, INDIRECTCONSEQUENTIAL OR PUNITIVE DAMAGES OF THE OTHER PARTY, DIRECTHOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ECONOMICARISING OUT OF THE PERFORMANCE OF, PUNITIVEOR THE FAILURE TO PERFORM, ANY OBLIGATION(S) SET FORTH HEREIN. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS PROFITSUSE, BUSINESS INTERRUPTION, LOSS INTERRUPTION OF BUSINESS INFORMATIONBUSINESS, OR OTHER PECUNIARY LOSS) ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY WELLNESS AS A DIRECT RESULT OF ANY MATERIAL BREACH OF THIS AGREEMENT (INCLUDING MISREPRESENTATION AND NEGLIGENCE) IN RESPECT OF THE MANUFACTURE AND DELIVERY OF PRODUCT BY MANNATECH SHALL BE LIMITED TO THE PAYMENT OF ACTUAL DAMAGES BASED ON A PURCHASE ORDER, PROVIDED THAT, HOWEVER, ANY REMEDY FOR BREACH OF CONFIDENTIAL INFORMATION SHALL BE GOVERNED BY SECTION 10.

Disclaimer; Limitation of Liability. EXCEPT AS OTHERWISE RCC WARRANTS THAT THE SITE AND SERVICES PROVIDED UNDER THIS AGREEMENTAGREEMENT WILL BE PROVIDED IN A PROFESSIONAL MANNER AND TO THE REASONABLE SATISFACTION OF CATERPILLAR. EXCEPT AS EXPRESSLY PROVIDED IN THE IMMEDIATELY PRECEDING SENTENCE OR AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT OR AN EQUIPMENT LISTING FORM, THE SOFTWARE LICENSED SITE AND SERVICES PROVIDED BY EACH PARTY TO THE OTHER PURSUANT TO THIS AGREEMENT IS OR THROUGH COMPANY ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY WARRANTIES OF ANY KIND. ANY REPRESENTATIONS OR WARRANTIES MADE BY EITHER PARTY TO ITS CUSTOMERS, EXPRESS OR 8 9 IMPLIED BY LAW OR OTHERWISE, REGARDING INTELLECTUAL PROPERTY ARE THE SOLE RESPONSIBILITY OF SUCH PARTY. EACH DISCLAIMS ALL OTHER WARRANTIES, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY COMPANY OR SELLER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTALSPECIAL, INDIRECT, DIRECT, ECONOMIC, PUNITIVE, COVER, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING LOSS OF BUSINESS REVENUE, PROFITS, BUSINESS INTERRUPTIONOR BUSINESS, ANY LOSS OF BUSINESS INFORMATIONGOODWILL OR REPUTATION, OR OTHER PECUNIARY LOSS) THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF SUCH PARTY COMPANY OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer; Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED UNDER (a) NOTWITHSTANDING ANYTHING IN THIS AGREEMENTAGREEMENT TO THE CONTRARY, THE SOFTWARE LICENSED BY EACH PARTY TO THE OTHER PURSUANT TO THIS AGREEMENT LICENSE IS PROVIDED "MADE ON AN “AS IS" WITHOUT WARRANTY ” BASIS WITH NO REPRESENTATIONS OR WARRANTIES, AND MPIB, ON BEHALF OF ITSELF AND ITS AFFILIATES, HEREBY EXCLUDES AND DISCLAIMS ANY KIND. ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES MADE BY EITHER PARTY OF ANY KIND WITH RESPECT TO ITS CUSTOMERSTHE LICENSED MATERIALS, EXPRESS OR 8 9 INCLUDING, WITHOUT LIMITATION, ANY IMPLIED BY LAW OR OTHERWISEWARRANTY OF TITLE, REGARDING INTELLECTUAL PROPERTY ARE THE SOLE RESPONSIBILITY OF SUCH PARTY. EACH DISCLAIMS ALL OTHER WARRANTIESQUIET ENJOYMENT, EITHER EXPRESS OR IMPLIEDQUIET POSSESSION, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT PURPOSE AND NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. (b) TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY NOR ANY OF ITS AFFILIATES SHALL EITHER PARTY BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY, REGARDLESS OF THE FORM OR CAUSE OF ACTION, FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATIONINDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, DIRECT, ECONOMIC, PUNITIVE, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT (INCLUDING DAMAGES FOR LOSS OF BUSINESS ANTICIPATED PROFITS, BUSINESS INTERRUPTIONBUSINESS, LOSS OF BUSINESS INFORMATIONGOODWILL, OR OTHER PECUNIARY REPUTATION AND DATA AND ECONOMIC LOSS) EVEN IF SUCH THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer; Limitation of Liability. 11.1 EXCEPT AS OTHERWISE PROVIDED UNDER EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SOFTWARE LICENSED BY EACH PARTY TO THE OTHER PURSUANT TO QUALCOMM MAKES NO WARRANTIES IN THIS AGREEMENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ANY REPRESENTATIONS TO PRODUCTS, TECHNOLOGY, MATERIALS, SERVICES, INFORMATION OR WARRANTIES MADE BY EITHER PARTY OTHER ITEMS IT FURNISHES TO ITS CUSTOMERSLICENSEE, EXPRESS OR 8 9 IMPLIED BY LAW OR OTHERWISE, REGARDING INTELLECTUAL PROPERTY ARE THE SOLE RESPONSIBILITY OF SUCH PARTY. EACH DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH ITEMS ARE FREE FROM THE RIGHTFUL CLAIM OF ANY THIRD PARTY, BY WAY OF INFRINGEMENT OR THE LIKE. IN NO EVENT QUALCOMM SHALL EITHER PARTY NOT BE LIABLE TO LICENSEE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, INDIRECTCONSEQUENTIAL OR ANY OTHER INDIRECT LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT OR ANY RESULTING OBLIGATION OR THE USE OF ANY INTELLECTUAL PROPERTY RECEIVED HEREUNDER, DIRECTWHETHER IN AN ACTION FOR OR ARISING OUT OF BREACH OF CONTRACT, ECONOMIC, PUNITIVE, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATIONFOR TORT, OR ANY OTHER PECUNIARY LOSS) EVEN IF SUCH PARTY HAS BEEN ADVISED CAUSE OF ACTION. QUALCOMM SHALL BE PERMITTED TO ENJOIN THE POSSIBILITY UNAUTHORIZED USE BY LICENSEE OR ITS AFFILIATES OF SUCH DAMAGESANY OF QUALCOMM'S INFORMATION.

Disclaimer; Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT AND/OR ANY PURCHASE ORDER ENTERED INTO UNDER THIS AGREEMENT, THE SOFTWARE LICENSED BY EACH PARTY TO THE OTHER PURSUANT TO THIS AGREEMENT IS PRODUCTS ARE PROVIDED "“AS IS" ” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. NEITHER PARTY GUARANTEES NOR MAKES ANY REPRESENTATIONS REPRESENTATION OR WARRANTIES MADE BY EITHER PARTY TO ITS CUSTOMERS, EXPRESS OR 8 9 IMPLIED BY LAW OR OTHERWISE, REGARDING INTELLECTUAL PROPERTY ARE THE SOLE RESPONSIBILITY OF SUCH PARTY. EACH DISCLAIMS ALL OTHER WARRANTIESWARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED AS TO IMPLIED THE QUALITY, ACCURACY, VALIDITY, TIMELINESS, COMPLETENESS, AVAILABILITY OR CONTINUED AVAILABILITY OF ANY PRODUCTS, AND THE PARTIES FURTHER EXPLICITLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES OF MERCHANTABILITY AND ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR , AND ALL WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING AND USAGE OF TRADE OR THEIR EQUIVALENTS UNDER THE LAWS OF ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, INDIRECT, DIRECT, ECONOMIC, PUNITIVE, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESJURISDICTION.

Disclaimer; Limitation of Liability. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED UNDER IN THIS AGREEMENT, ACER IS PROVIDING THE SOFTWARE LICENSED BY EACH PARTY TO THE OTHER PURSUANT TO THIS AGREEMENT IS PROVIDED "ACER TECHNOLOGY “AS IS" WITHOUT WARRANTY .” EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS, EXTENDS ANY WARRANTIES OF ANY KIND. ANY REPRESENTATIONS OR WARRANTIES MADE BY EITHER PARTY TO ITS CUSTOMERS, EXPRESS OR 8 9 IMPLIED BY LAW OR OTHERWISE, REGARDING INTELLECTUAL PROPERTY ARE THE SOLE RESPONSIBILITY OF SUCH PARTY. EACH DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND OR ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT AND ASSUMES ANY RESPONSIBILITIES WHATSOEVER WITH RESPECT TO USE, SALE, OR OTHER DISPOSITION OF LICENSED PRODUCTS INCORPORATING OR MADE BY USE OR PRACTICE OF THE ACER TECHNOLOGY. WITH THE EXCEPTION OF DAMAGES ATTRIBUTABLE TO A PARTY’S BREACH OF SECTION 7.1 , IN NO EVENT SHALL WILL EITHER PARTY PARTY, OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE TO THE OTHER PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, CONSEQUENTIALSPECIAL, INCIDENTAL, INDIRECT, DIRECT, ECONOMIC, PUNITIVE, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, CONSEQUENTIAL OR OTHER PECUNIARY LOSS) EVEN IF SUCH PARTY HAS BEEN ADVISED INDIRECT DAMAGES OF THE POSSIBILITY OTHER PARTY OF SUCH DAMAGESANY KIND, WHETHER GROUNDED IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, CONTRACT OR OTHERWISE.

Disclaimer; Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED UNDER THIS AGREEMENTLICENSOR WILL NOT BE HELD LIABLE FOR ANY CONSEQUENTIAL, THE SOFTWARE LICENSED BY EACH PARTY TO THE OTHER PURSUANT TO THIS AGREEMENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ANY REPRESENTATIONS INCIDENTAL, OR WARRANTIES MADE BY EITHER PARTY TO ITS CUSTOMERS, EXPRESS OR 8 9 IMPLIED BY LAW OR OTHERWISE, REGARDING INTELLECTUAL PROPERTY ARE THE SOLE RESPONSIBILITY OF SUCH PARTY. EACH DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIEDSPECIAL DAMAGES, INCLUDING BUT NOT LIMITED ANY LOST PROFITS OR LOST SAVINGS ARISING FROM THE USE OF OR INABILITY TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEUSE THE LICENSED PRODUCTS. IN NO EVENT SHALL EITHER PARTY BE LIABLE THE TOTAL LIABILITY OF LICENSOR AND ITS FUNDERS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, DEVELOPERS, NETWORKS, DISTRIBUTORS, JOINT VENTURERS AND ATTORNEYS (EACH AN "AFFILIATE") TO LICENSEE FOR ANY DAMAGES WHATSOEVER ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, INDIRECT, DIRECT, ECONOMIC, PUNITIVE, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATIONNEGLIGENCE), OR OTHER PECUNIARY LOSSOTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID BY LICENSEE TO LICENSOR FOR THE LICENSED PRODUCT. ANY DISPUTE, CLAIM OR CONTROVERSY AT LAW OR EQUITY (EACH, A "CLAIM") EVEN IF BROUGHT BY LICENSEE AGAINST LICENSOR AND/OR ITS AFFILIATES, WHICH ARISES OUT OF OR IS RELATED TO THIS AGREEMENT OR THE LICENSED PRODUCTS, MUST BE FILED WITHIN ONE YEAR AFTER SUCH PARTY HAS BEEN ADVISED CLAIM AROSE REGARDLESS OF ANY STATUS OR LAW TO THE POSSIBILITY OF CONTRARY. IN THE EVENT THAT LICENSEE DOES NOT FILE ANY SUCH DAMAGESCLAIM WITHIN SUCH ONE-YEAR PERIOD, SUCH CLAIM SHALL BE BARRED. The express terms of the Agreement are instead of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law.

Disclaimer; Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED UNDER THIS AGREEMENTHEREIN, THE SOFTWARE LICENSED BY EACH PARTY TO THE OTHER PURSUANT TO THIS AGREEMENT IS PROPERTIES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ANY REPRESENTATIONS OR WARRANTIES MADE BY EITHER PARTY TO ITS CUSTOMERS, EXPRESS OR 8 9 IMPLIED BY LAW OR OTHERWISE, REGARDING INTELLECTUAL PROPERTY ARE THE SOLE RESPONSIBILITY OF SUCH PARTY. EACH DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SUBLICENSOR SHALL EITHER PARTY NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATIONINDIRECT, CONSEQUENTIALSPECIAL, INCIDENTAL, INDIRECTOR CONSEQUENTIAL DAMAGES OF ANY KIND HOWEVER CAUSED, DIRECTWHETHER FOR BREACH OF WARRANTY, ECONOMICBREACH OR REPUDIATION OF CONTRACT, PUNITIVETORT, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATIONNEGLIGENCE, OR OTHER PECUNIARY LOSS) OTHERWISE, EVEN IF SUCH THE PARTY AGAINST WHOM DAMAGES ARE CLAIMED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSS. IN NO EVENT SHALL SUBLICENSOR BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, OR FOR LOSS OF DATA OR USE OF DATA. IN NO EVENT SHALL SUBLICENSOR’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING HEREUNDER. APART FROM DAMAGE TO SUBLICENSOR CAUSED BY AN INFRINGEMENT BY SUBLICENSEE OF SUBLICENSOR’S INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL EITHER PARTY’S LIABILITY TO THE OTHER UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED TWO HUNDRED THOUSAND DOLLARS.