Common use of L imitation of Liability Clause in Contracts

L imitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF SELLER UNDER THIS AGREEMENT (WHETHER BY REASON OF BREACH OF CONTRACT, TORT, INDEMNIFICATION, OR OTHERWISE, BUT EXCLUDING LIABILITY OF SELLER FOR BREACH OF WARRANTY (THE SOLE REMEDY FOR WHICH SHALL BE AS PROVIDED UNDER SECTION 8 ABOVE)) SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LESSER OF (A) THE TOTAL PURCHASE PRICE THERETOFORE PAID BY BUYER TO SELLER WITH RESPECT TO THE PRODUCT(S) GIVING RISE TO SUCH LIABILITY OR (B) ONE MILLION DOLLARS ($1,000,000). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE OF FACILITIES OR EQUIPMENT, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL), REGARDLESS OF WHETHER SELLER (a) HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR (b) IS NEGLIGENT. THE PARTIES AGREE THAT DAMAGE TO ANY SAMPLES OR ITEMS STORED IN THE PRODUCTS SHALL CONSTITUTE CONSEQUENTIAL DAMAGES SUBJECT TO THE PRECEDING DISCLAIMER.

L imitation of Liability. NOTWITHSTANDING ANYTHING TO LICENSEE ACKNOWLEDGES AND AGREES THAT THE CONTRARY CONTAINED HEREINCONTROLLER IS INHERENTLY COMPLEX AND MAY THEREFORE NOT BE COMPLETELY FREE OF ERRORS. LICENSEE FURTHER ACKNOWLEDGES THAT THE PERFORMANCE OF THE CONTROLLER MAY BE AFFECTED BY ANY NUMBER OF FACTORS, INCLUDING WITHOUT LIMITATION, TECHNICAL FAILURE OF THE LIABILITY CONTROLLER, ACTS OR OMISSIONS OF SELLER UNDER THIS AGREEMENT THIRD PARTIES, ELECTRICITY SUPPLY, ENVIRONMENTAL CONDITIONS AND OTHER CAUSES REASONABLY BEYOND THE CONTROL OF UNITRONICS. BY USING THE CONTROLLER LICENSEE DECLARES THAT LICENSEE ACCEPTS THESE FACTS AND THEIR CONSEQUENCES. UNITRONICS, ITS OFFICERS, EMPLOYEES, SHAREHOLDERS, LICENSORS, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE (WHETHER BY REASON OF BREACH OF UNDER CONTRACT, TORT, INDEMNIFICATION, TORT - INCLUDING NEGLIGENCE - OR OTHERWISE), BUT EXCLUDING LIABILITY OF SELLER FOR BREACH OF WARRANTY (THE SOLE REMEDY FOR WHICH SHALL BE AS PROVIDED UNDER SECTION 8 ABOVE)) SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LESSER OF (A) THE TOTAL PURCHASE PRICE THERETOFORE PAID BY BUYER LICENSEE OR TO SELLER WITH RESPECT TO THE PRODUCT(S) GIVING RISE TO SUCH LIABILITY OR (B) ONE MILLION DOLLARS ($1,000,000). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREINANY THIRD PARTY, IN NO EVENT SHALL SELLER BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING INDIRECT, SPECIAL, CONSEQUENTIAL CONSEQUENTIAL, PUNITIVE OR INCIDENTAL OTHER DAMAGES (INCLUDING WHATSOEVER, AND INCLUDING, WITHOUT LIMITATION DAMAGES FOR LIMITATION, ANY LOSS OF USE OF FACILITIES OR EQUIPMENTDAMAGE TO BUSINESS EARNINGS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PROFITS OR LOSS GOODWILL ARISING FROM OR RELATED TO DELIVERY, USE, PERFORMANCE OF GOODWILL)OR INABILITY TO USE THE CONTROLLER OR ANY OF ITS COMPONENTS, REGARDLESS OF WHETHER SELLER (a) HAS BEEN INFORMED FORESEEABLE OR NOT, EVEN IF UNITRONICS, OR ANY ONE ON ITS BEHALF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (b) IS NEGLIGENT. THE PARTIES AGREE THAT DAMAGE TO ANY SAMPLES OR ITEMS STORED IN THE PRODUCTS SHALL CONSTITUTE CONSEQUENTIAL DAMAGES SUBJECT TO THE PRECEDING DISCLAIMERDAMAGES.

L imitation of Liability. NOTWITHSTANDING ANYTHING SUBJECT TO APPLICABLE LAW, DEALER UNDERSTANDS AND AGREES THAT NEITHER SHIFT DIGITAL, NOR SUBARU NOR THE SERVICE PROVIDERS, NOR ANY OF THEIR AFFILIATES OR LICENSORS SHALL BY LIABLE TO DEALER FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY DEALER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; OR (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY DEALER AS A RESULT OF: (I) ANY RELIANCE PLACED BY DEALER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN DEALER AND ANY THIRD PARTY REGARDING DEALER’S USE OF THE SERVICES, (II) ANY CHANGES WHICH SHIFT DIGITAL OR ANY SERVICE PROVIDER MAY MAKE TO THE CONTRARY CONTAINED HEREINSERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY DEALER CONTENT, DEALER DATA, AND/OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH DEALER'S USE OF THE SERVICES; (IV) DEALER'S FAILURE TO PROVIDE SHIFT DIGITAL OR ANY SERVICE PROVIDER WITH ACCURATE ACCOUNT INFORMATION; OR (V) DEALER'S FAILURE TO KEEP DEALER'S PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE ABOVE LIMITATIONS ON LIABILITY SHALL APPLY REGARDLESS OF WHETHER A PARTY IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL THE LIABILITY OF SELLER UNDER THIS AGREEMENT (WHETHER BY REASON OF BREACH OF CONTRACTSHIFT DIGITAL, TORTSUBARU OR THE SERVICE PROVIDERS, INDEMNIFICATIONIN THE AGGREGATE, OR OTHERWISE, BUT EXCLUDING LIABILITY OF SELLER FOR BREACH OF WARRANTY (THE SOLE REMEDY FOR WHICH SHALL BE AS PROVIDED UNDER SECTION 8 ABOVE)) SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LESSER OF (A) THE TOTAL PURCHASE PRICE THERETOFORE MONTHLY SERVICE FEE PAID BY BUYER TO SELLER WITH RESPECT TO DEALER FOR THE PRODUCT(S) GIVING RISE TO SUCH LIABILITY MONTH IN WHICH THE BREACH OR (B) ONE MILLION DOLLARS ($1,000,000). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS CAUSE OF USE OF FACILITIES OR EQUIPMENT, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL), REGARDLESS OF WHETHER SELLER (a) HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR (b) IS NEGLIGENT. THE PARTIES AGREE THAT DAMAGE TO ANY SAMPLES OR ITEMS STORED IN THE PRODUCTS SHALL CONSTITUTE CONSEQUENTIAL DAMAGES SUBJECT TO THE PRECEDING DISCLAIMEROCCURRED.

L imitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREINFULLEST EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY: (A) SPIN SHALL NOT BE LIABLE FOR ANY SPECIAL, THE LIABILITY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING ANY DAMAGES ARISING FROM LOSS OF SELLER UNDER USE, LOSS OF DATA, LOST PROFITS, BUSINESS INTERRUPTION, OR COSTS OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF; AND (WHETHER BY REASON B) SPIN'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF BREACH OF CONTRACT, TORT, INDEMNIFICATION, OR OTHERWISE, BUT EXCLUDING LIABILITY OF SELLER FOR BREACH OF WARRANTY (RELATING TO THIS AGREEMENT OR THE SOLE REMEDY FOR WHICH SHALL BE AS PROVIDED UNDER SECTION 8 ABOVE)) SUBJECT MATTER HEREOF SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LESSER EXCESS OF (A) $50,000 OR THE TOTAL PURCHASE PRICE THERETOFORE PAID ACTUAL COSTS INCURRED BY BUYER TO SELLER WITH RESPECT TO THE PRODUCT(S) GIVING RISE TO SUCH LIABILITY OR (B) ONE MILLION DOLLARS ($1,000,000). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREINCITY; PROVIDED, HOWEVER, IN NO EVENT SHALL SELLER SUCH LIMITATION AFFECT ANY RECOVERY UNDER THE INSURANCE REQUIRED TO BE LIABLE FOR ANY INDIRECTMAINTAINED BY SPIN PURSUANT TO THIS AGREMEEMENT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES IN EACH OF THE FOREGOING CASES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE OF FACILITIES OR EQUIPMENT, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILLA) AND (B), REGARDLESS OF WHETHER SELLER SUCH LIABILITY ARISES FROM CONTRACT, INDEMNIFICATION, WARRANTY, TORT (a) INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF WHETHER SPIN HAS BEEN INFORMED ADVISED OF THE POSSIBILITY OF SUCH DAMAGES LOSS OR (b) IS NEGLIGENTDAMAGE. THE PARTIES AGREE THAT DAMAGE TO ANY SAMPLES OR ITEMS STORED THIS SECTION REPRESENTS A REASONABLE ALLOCATION OF RISK AND THAT SPIN WOULD NOT PROCEED IN THE PRODUCTS SHALL CONSTITUTE CONSEQUENTIAL DAMAGES SUBJECT TO THE PRECEDING DISCLAIMERABSENCE OF SUCH ALLOCATION.

L imitation of Liability. NOTWITHSTANDING ANYTHING BY USING CARDMANAGER, YOU (I) AGREE THAT YOUR ACCESS AND USE OF CARDMANAGER AND ITS CONTENTS IS AT YOUR OWN RISK AND (II) TO THE CONTRARY CONTAINED HEREINFULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE YOU ACKNOWLEDGE THAT WE SPECIFICALLY DISCLAIM ANY LIABILITY OF SELLER UNDER THIS AGREEMENT (WHETHER BY REASON OF BREACH OF BASED IN CONTRACT, TORT, INDEMNIFICATION, STRICT LIABILITY OR OTHERWISE, BUT EXCLUDING LIABILITY OF SELLER FOR BREACH OF WARRANTY (THE SOLE REMEDY FOR WHICH SHALL BE AS PROVIDED UNDER SECTION 8 ABOVE)) SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LESSER OF (A) THE TOTAL PURCHASE PRICE THERETOFORE PAID BY BUYER TO SELLER WITH RESPECT TO THE PRODUCT(S) GIVING RISE TO SUCH LIABILITY OR (B) ONE MILLION DOLLARS ($1,000,000). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL SELLER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, UNSOLICITED OR CONSEQUENTIAL DAMAGES, LOSSES OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS EXPENSES ARISING OUT OF YOUR ACCESS TO OR USE OF FACILITIES OR EQUIPMENT, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL), REGARDLESS OF WHETHER SELLER CARDMANAGER (a) HAS EVEN IF WE HAVE BEEN INFORMED ADVISED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES) INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY IMPACT YOUR EQUIPMENT. 18. N O WARRANTY. WE MAKE NO WARRANTY THAT THE CARDMANAGER SERVICE WILL BE UNINTERRUPTED, TIMELY, OR (b) IS NEGLIGENTERROR-FREE. THE PARTIES AGREE THAT DAMAGE TO ANY SAMPLES OR ITEMS STORED IN THE PRODUCTS SHALL CONSTITUTE CONSEQUENTIAL DAMAGES SUBJECT TO THE PRECEDING DISCLAIMERFULLEST EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OF ANY KIND WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AS TO CARDMANAGER. WE WILL USE OUR BEST EFFORTS TO INCLUDE AND MAKE AVAILABLE ACCURATE AND UP-TO-DATE INFORMATION IN CARDMANAGER, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION.

L imitation of Liability. NOTWITHSTANDING ANYTHING IN NO EVENT SHALL SOUND BE LIABLE TO DEALER, ANY CUSTOMER OR ANY OTHER THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, NON-COMPENSATORY, CONSEQUENTIAL, INDIRECT, INCIDENTAL, STATUTORY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, LOST SALES, LOST REVENUE OR LOSS OF USE, REGARDLESS OF THE CONTRARY CONTAINED HEREINFORM OF ACTION, THE LIABILITY OF SELLER UNDER THIS AGREEMENT (WHETHER BY REASON OF BREACH OF IN CONTRACT, TORT, INDEMNIFICATIONNEGLIGENCE, STRICT PRODUCTS LIABILITY, OR OTHERWISE, BUT EXCLUDING LIABILITY OF SELLER FOR BREACH OF WARRANTY (THE SOLE REMEDY FOR WHICH SHALL BE AS PROVIDED UNDER SECTION 8 ABOVE)) SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LESSER OF (A) THE TOTAL PURCHASE PRICE THERETOFORE PAID BY BUYER TO SELLER WITH RESPECT TO THE PRODUCT(S) GIVING RISE TO SUCH LIABILITY OR (B) ONE MILLION DOLLARS ($1,000,000). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE OF FACILITIES OR EQUIPMENT, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL), REGARDLESS OF WHETHER SELLER (a) EVEN IF SOUND HAS BEEN INFORMED OF OR IS AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE. SOUND’S TOTAL AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT OR (b) IS NEGLIGENT. THE PARTIES AGREE THAT DAMAGE TO ANY SAMPLES OR ITEMS STORED IN THE PRODUCTS SHALL CONSTITUTE CONSEQUENTIAL DAMAGES SUBJECT BE LIMITED TO THE SUM OF THE AMOUNTS PAID TO SOUND BY DEALER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING DISCLAIMERTHE DATE OF THE EVENT GIVING RISE TO A CLAIM AGAINST SOUND.

L imitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREINCONTRARY, THE LIABILITY EXCEPT FOR BODILY INJURY OF SELLER UNDER A PERSON, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT (WHETHER BY REASON OF BREACH OF OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, TORTNEGLIGENCE, INDEMNIFICATION, STRICT LIABILITY OR OTHERWISE, BUT EXCLUDING LIABILITY OF SELLER FOR BREACH OF WARRANTY (THE SOLE REMEDY FOR WHICH SHALL BE AS PROVIDED UNDER SECTION 8 ABOVE)) SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LESSER OF OTHER THEORY: (A) THE TOTAL PURCHASE PRICE THERETOFORE PAID BY BUYER TO SELLER WITH RESPECT TO THE PRODUCT(S) GIVING RISE TO SUCH LIABILITY FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) ONE MILLION DOLLARS ($1,000,000). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, SPECIALEXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES D) FOR LOSS OF USE OF FACILITIES ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR EQUIPMENT, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL), REGARDLESS OF WHETHER SELLER (a) NOT COMPANY HAS BEEN INFORMED ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (b) IS NEGLIGENT. THE PARTIES AGREE THAT DAMAGE TO ANY SAMPLES OR ITEMS STORED IN THE PRODUCTS SHALL CONSTITUTE CONSEQUENTIAL DAMAGES SUBJECT TO THE PRECEDING DISCLAIMERDAMAGES.

L imitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREINCONTRARY, THE LIABILITY OF SELLER IN NO EVENT WILL Dataplazma BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT (WHETHER BY REASON OF UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORTTORT (INCLUDING NEGLIGENCE), INDEMNIFICATIONSTRICT LIABILITY, AND OTHERWISE, FOR ANY: (I) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR OTHERWISEPUNITIVE DAMAGES; (II) INCREASED COSTS, BUT EXCLUDING LIABILITY DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (III) LOSS OF SELLER FOR GOODWILL OR REPUTATION; (IV) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF WARRANTY (THE SOLE REMEDY FOR WHICH SHALL BE AS PROVIDED UNDER SECTION 8 ABOVE)) SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LESSER OF (A) THE TOTAL PURCHASE PRICE THERETOFORE PAID BY BUYER TO SELLER WITH RESPECT TO THE PRODUCT(S) GIVING RISE TO SUCH LIABILITY DATA OR SYSTEM SECURITY; OR (BV) ONE MILLION DOLLARS ($1,000,000)COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER Dataplazma WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREINCONTRARY, IN NO EVENT SHALL SELLER BE LIABLE FOR WILL Dataplazma’S AGGREGATE LIABILITY ARISING OUT OF AND/OR RELATED TO THIS AGREEMENT, UNDER ANY INDIRECTLEGAL OR EQUITABLE THEORY, SPECIALINCLUDING BREACH OF CONTRACT, CONSEQUENTIAL OR INCIDENTAL DAMAGES TORT (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE OF FACILITIES OR EQUIPMENT, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILLNEGLIGENCE), REGARDLESS OF WHETHER SELLER (a) HAS BEEN INFORMED OF STRICT LIABILITY, AND OTHERWISE, EXCEED THE POSSIBILITY OF SUCH DAMAGES OR (b) IS NEGLIGENT. THE PARTIES AGREE THAT DAMAGE TOTAL AMOUNTS PAID TO ANY SAMPLES OR ITEMS STORED Dataplazma UNDER THIS AGREEMENT IN THE PRODUCTS SHALL CONSTITUTE CONSEQUENTIAL DAMAGES SUBJECT TRAILING TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE PRECEDING DISCLAIMERAPPLICABLE CLAIM.

L imitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF SELLER FULLEST EXTENT ALLOWED UNDER THIS AGREEMENT (WHETHER BY REASON OF BREACH OF CONTRACT, TORT, INDEMNIFICATION, OR OTHERWISE, BUT EXCLUDING LIABILITY OF SELLER FOR BREACH OF WARRANTY (THE SOLE REMEDY FOR WHICH SHALL BE AS PROVIDED UNDER SECTION 8 ABOVE)) SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LESSER OF (A) THE TOTAL PURCHASE PRICE THERETOFORE PAID BY BUYER TO SELLER WITH RESPECT TO THE PRODUCT(S) GIVING RISE TO SUCH LIABILITY OR (B) ONE MILLION DOLLARS ($1,000,000). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREINAPPLICABLE LAW, IN NO EVENT SHALL SELLER SELLER, ITS AFFILIATES, SUPPLIERS AND SUBCONTRACTORS BE LIABLE TO PURCHASER OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, SPECIALINCIDENTAL OR CONSEQUENTIAL DAMAGES, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR BUT NOT LIMITED TO LOSS OF USE OF FACILITIES OR EQUIPMENTPROFITS, LOSS OF REVENUEUSE, COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, DOWNTIME COSTS, DELAYS NOR FOR ANY PENALITIES WHETHER ANY SUCH CLAIM FOR THE SAME IS BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. SELLER'S LIABILITY FOR ANY SUCH CLAIMS WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE OR FOR ANY LOSS OF DATAOR DAMAGE ARISING OUT OF, LOSS OF PROFITS CONNECTED WITH THIS AGREEMENT OR LOSS OF GOODWILL)THE PERFORMANCE OR BREACH THEREOF, REGARDLESS OF WHETHER SELLER (a) HAS BEEN INFORMED OR FROM ANY DESIGN, SALE, INSTALLATION, OPERATION OR USE OF THE POSSIBILITY EQUIPMENT OR PERFORMANCE OF SUCH DAMAGES ANY SERVICES COVERED BY THIS AGREEMENT, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE PAID TO SELLER BY PURCHASER FOR THE SPECIFIC EQUIPMENT OR (b) IS NEGLIGENT. PART THEREOF OR FOR THE PARTIES AGREE THAT DAMAGE TO ANY SAMPLES OR ITEMS STORED IN THE PRODUCTS SHALL CONSTITUTE CONSEQUENTIAL DAMAGES SUBJECT SERVICES GIVING RISE TO THE PRECEDING DISCLAIMERCLAIM.

L imitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREINA. In General. IN NO EVENT, THE LIABILITY OF SELLER UNDER THIS AGREEMENT WILL MKG BE LIABLE, WHETHER IN CONTRACT, WARRANTY, REPRESENTATION, TORT (WHETHER BY REASON OF INCLUDING NEGLIGENCE OR BREACH OF CONTRACTSTATUTORY DUTY), TORTSTRICT LIABILITY, INDEMNIFICATIONINDEMNITY, CONTRIBUTION OR OTHERWISE, BUT EXCLUDING LIABILITY OF SELLER FOR BREACH OF WARRANTY (THE SOLE REMEDY FOR WHICH SHALL BE AS PROVIDED UNDER SECTION 8 ABOVE)) SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LESSER OF (A) THE TOTAL PURCHASE PRICE THERETOFORE PAID BY BUYER TO SELLER WITH RESPECT TO THE PRODUCT(S) GIVING RISE TO SUCH LIABILITY OR (B) ONE MILLION DOLLARS ($1,000,000). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL LOSS, DAMAGE, COST OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR EXPENSE OF ANY KIND WHATSOEVER, HOWSOEVER CAUSED, OR ANY LOSS OF USE PRODUCTION, COST OF FACILITIES OR EQUIPMENTPROCUREMENT OF SUBSTITUTE GOODS, LOSS OF REVENUECAPITAL, LOSS OF SOFTWARE, LOSS OF DATA, LOSS OF PROFITS OR PROFIT, LOSS OF GOODWILLREVENUES, CONTRACTS, BUSINESS, COST OF REWORK, LOSS OF GOODWILL OR ANTICIPATED SAVINGS, WASTED EXPENSES, OR WASTED MANAGEMENT TIME, EVEN IF MKG HAS BEEN ADVISED OF THEIR POSSIBILITY OR THEY ARE FORESEEABLE. B. A ggregate Limit of Liability. SUBJECT TO SECTION 13(C), REGARDLESS MKG's TOTAL AGGREGATE LIABILITY IN CONTRACT, WARRANTY, REPRESENTATION, TORT (INCLUDING NEGLIGENCE OR BREACH OF WHETHER SELLER (a) HAS BEEN INFORMED STATUTORY DUTY), STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, WILL NOT EXCEED THE PURCHASE PRICE OF THE POSSIBILITY OF SUCH DAMAGES OR (b) IS NEGLIGENT. THE PARTIES AGREE GOODS THAT DAMAGE TO ANY SAMPLES OR ITEMS STORED IN THE PRODUCTS SHALL CONSTITUTE CONSEQUENTIAL DAMAGES SUBJECT GIVE RISE TO THE PRECEDING DISCLAIMERCLAIM. C. D eath and Personal Injury. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE OR ANY OTHER LIABILITY NOT EXCLUDABLE BY LAW. D. C ode. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FOR CODE (SOFTWARE OR FIRMWARE) SUPPLIED PURSUANT TO CUSTOMER SPECIFICATIONS, OR FURNISHED OR CREATED BY ANYONE OTHER THAN MKG, MKG WILL HAVE NO LIABILITY FOR ANY USE OF IT, ERRORS CONTAINED IN IT, INTEROPERATABILITY, OR CLAIMS OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS DUE TO ITS PUBLICATION, DISTRIBUTION, SALE, OR USE. CUSTOMER WILL DEFEND ALL SUITS AND CLAIMS AND INDEMNIFY MKG AND KEEP MKG INDEMNIFIED FOR, FROM, AND AGAINST ALL RESULTING CLAIM, LOSS, DAMAGE, AWARD, AND COST (INCLUDING BUT NOT LIMITED TO REASONABLE LEGAL FEES) ARISING OUT OF THE CODE.

L imitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF SELLER UNDER THIS AGREEMENT (WHETHER BY REASON OF BREACH OF CONTRACT, TORT, INDEMNIFICATION, OR OTHERWISE, BUT EXCLUDING LIABILITY OF SELLER FOR BREACH OF WARRANTY (THE SOLE REMEDY FOR WHICH SHALL BE AS PROVIDED UNDER SECTION 8 ABOVE)) SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LESSER OF (A) THE TOTAL PURCHASE PRICE THERETOFORE PAID BY BUYER TO SELLER WITH RESPECT TO THE PRODUCT(S) GIVING RISE TO SUCH LIABILITY OR (B) ONE MILLION DOLLARS ($1,000,000). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL SELLER GROUPON OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, OR EMPLOYEES BE LIABLE OR OBLIGATED TO THE OTHER PARTY OR ANY THIRD PARTY IN ANY MANNER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL INDIRECT DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE OF FACILITIES OR EQUIPMENTINCLUDING, BUT NOT LIMITED TO, BUSINESS INTERRUPTION, LOSS OF REVENUE, LOSS OF DATAGOODWILL, LOSS OF PROFITS DATA OR LOSS OF GOODWILL), USE) REGARDLESS OF THE FORM OF ACTION, WHETHER SELLER (a) HAS BEEN IN CONTRACT, TORT OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE. GROUPON'S SOLE AND COMPLETE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR (b) IS NEGLIGENT. RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE PARTIES AGREE THAT DAMAGE TOTAL AMOUNT PAID TO ANY SAMPLES OR ITEMS STORED YOU PURSUANT TO THIS AGREEMENT IN THE PRODUCTS THREE MONTHS IMMEDIATELY PRECEDING YOUR CLAIM. THIS LIMITATION OF LIABILITY SHALL CONSTITUTE CONSEQUENTIAL DAMAGES SUBJECT APPLY TO THE PRECEDING DISCLAIMERMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY. ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE MADE BY YOU WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM OR OF ANY TERMINATION OF THIS AGREEMENT. IF SUCH CLAIM IS NOT FILED THEN THAT CLAIM IS BARRED PERMANENTLY.