Common use of Limitations and exclusions of liability Clause in Contracts

Limitations and exclusions of liability. IN NO EVENT WILL PLATFORMATICS OR ITS LICENSORS BE LIABLE FOR THE FOLLOWING, REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR OTHERWISE, EVEN IF A PARTY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (A) INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES; (B) LOSS OR CORRUPTION OF DATA OR INTERRUPTED OR LOSS OF BUSINESS; OR (C) LOSS OF REVENUE, PROFITS, GOODWILL OR ANTICIPATED SALES OR SAVINGS. ALL LIABILITY OF PLATFORMATICS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO YOU, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE LICENSE FEES PAID BY YOU TO ANY APPROVED SOURCE FOR THE SOFTWARE THAT GAVE RISE TO THE CLAIM. THIS LIMITATION OF LIABILITY FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

Limitations and exclusions of liability. IN NO EVENT WILL PLATFORMATICS OR ITS LICENSORS BE LIABLE FOR 10.1 neither party excludes or limits liability to the other party: (a) for death or personal injury resulting from the negligence of that party or its directors, officers, employees, agents or sub-contractors; or (b) for its own fraud (or that of its directors, officers, employees, agents or sub-contractors). 10.2 SUBJECT TO CLAUSE 10.1, THE FOLLOWING, REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR OTHERWISE, EVEN IF A PARTY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (A) INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES; (B) LOSS OR CORRUPTION OF DATA OR INTERRUPTED OR LOSS OF BUSINESS; OR (C) LOSS OF REVENUE, PROFITS, GOODWILL OR ANTICIPATED SALES OR SAVINGS. ALL MAXIMUM AGGREGATE LIABILITY OF PLATFORMATICS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO YOU, WHETHER BASED INTERTEK IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), NEGLIGENCE AND BREACH OF STATUTORY DUTY) OR OTHERWISE, OTHERWISE FOR ANY BREACH OF THIS AGREEMENT OR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THE SERVICES TO BE PROVIDED IN ACCORDANCE WITH THIS AGREEMENT SHALL BE THE TOTAL VALUE OF CHARGES UNDER THIS AGREEMENT. 10.3 INTERTEK SHALL NOT EXCEED THE LICENSE FEES PAID BY YOU TO ANY APPROVED SOURCE FOR THE SOFTWARE THAT GAVE RISE BE LIABLE TO THE CLAIM. CLIENT IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY) OR OTHERWISE FOR ANY: (a) LOSS OF PROFITS; (b) LOSS OF SALES OR BUSINESS; (c) LOSS OF OPPORTUNITY (INCLUDING WITHOUT LIMITATION IN RELATION TO THIRD PARTY AGREEMENTS OR CONTRACTS); (d) LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION; (e) LOSS OF ANTICIPATED SAVINGS; (f) COST OR EXPENSES INCURRED IN RELATION TO MAKING A PRODUCT RECALL; (g) LOSS OF USE OR CORRUPTION OF SOFTWARE, DATA OR INFORMATION; OR (h) ANY INDIRECT, CONSEQUENTIAL LOSS, PUNITIVE OR SPECIAL LOSS (EVEN WHEN ADVISED OF THEIR POSSIBILITY). 10.4 ANY CLAIM BY THE CLIENT AGAINST INTERTEK (ALWAYS SUBJECT TO THE PROVISIONS OF THIS LIMITATION OF LIABILITY FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.CLAUSE

Limitations and exclusions of liability. A. UNLESS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT OR IN A WRITING SIGNED BY BOTH PARTIES, NEITHER PARTY WILL INDEMNIFY, NOR DOES IT HOLD THE OTHER PARTY HARMLESS, AGAINST ANY LIABILITIES, LOSSES, DAMAGES AND EXPENSES (INCLUDING ATTORNEY’S FEES) RELATING TO ANY CLAIMS WHATSOEVER, INCLUDING WITHOUT LIMITATION, CLAIMS FOR PERSONAL INJURIES, DEATH OR PROPERTY DAMAGE RELATING TO THE DSP PRODUCTS SOLD HEREUNDER. IN NO EVENT WILL PLATFORMATICS OR ITS LICENSORS SHALL EITHER PARTY BE LIABLE FOR THE FOLLOWINGSPECIAL, REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR OTHERWISE, EVEN IF A PARTY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (A) INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES; (B) LOSS OR CORRUPTION OF DATA OR INTERRUPTED OR LOSS OF BUSINESS; OR (C) LOSS OF REVENUE, PROFITS, GOODWILL OR ANTICIPATED SALES OR SAVINGS. ALL PUNITIVE DAMAGES DUE TO ANY CAUSE WHATSOEVER. B. THE PARTIES’ AGGREGATE LIABILITY OF PLATFORMATICS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO YOU, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, UNDER THIS AGREEMENT SHALL NOT EXCEED ONE MILLION ($1,000,000) DOLLARS. C. NOTWITHSTANDING THE LICENSE FEES PAID BY YOU TO ANY APPROVED SOURCE FOREGOING, THE PARTIES AGREE THAT THERE WILL BE NO LIMIT ON DIRECT DAMAGES FOR THE SOFTWARE THAT GAVE RISE TO THE CLAIM. THIS LIMITATION OF LIABILITY FOR SOFTWARE IS CUMULATIVE CLAIMS ARISING UNDER SECTIONS 14 (“INDEMNIFICATION”), 20 (“CONFIDENTIALITY”), 23 (“OWNERSHIP”) AND NOT PER INCIDENT. 25 (“RECALLS”). D. NOTHING IN THIS AGREEMENT SECTION (“LIMITATIONS AND EXCLUSIONS OF LIABILITY”) REMOVES OR LIMITS (I) EITHER PARTY’S LIABILITY ARISING OUT OF DIRECT CLAIMS BROUGHT BY THIRD PARTIES OR EXCLUDES ANY (II) EITHER PARTY’S OBLIGATIONS AND PENALTIES CONTAINED IN SCHEDULES 2 & 3. E. SUBJECT TO THE PROCESS OUTLINED BELOW IN THIS SECTION 13E, NOTHING ELSE IN THIS SECTION (“LIMITATIONS AND EXCLUSIONS OF LIABILITY”) REMOVES OR LIMITS ADI’S LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAWWITH RESPECT TO A MATERIAL BREACH BY ADI OF SECTION 6(A): If there is a breach by ADI of its obligations under Section 6(a), whereby ADI unknowingly distributed or sold a DSP Product to a third party in violation of Section 6(a), Masimo must first notify ADI of such breach and offer ADI a reasonable period of time to verify such breach and provide a cure for such breach. A reasonable period of time may vary in each instance, but in no event will exceed ninety (90) days from point of notice by Masimo (the “Cure Period”). If the breach is cured within the Cure Period, the parties agree that this exclusion contained in Section 13E to the liability cap contained in this Section 13B will not apply.

Limitations and exclusions of liability. IN NO EVENT WILL PLATFORMATICS OR ITS LICENSORS BE LIABLE FOR 10.1 neither party excludes or limits liability to the other party: (a) for death or personal injury resulting from the negligence of that party or its directors, officers, employees, agents or sub-contractors; or (b) for its own fraud (or that of its directors, officers, employees, agents or sub-contractors). 10.2 SUBJECT TO CLAUSE 10.1, THE FOLLOWING, REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR OTHERWISE, EVEN IF A PARTY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (A) INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES; (B) LOSS OR CORRUPTION OF DATA OR INTERRUPTED OR LOSS OF BUSINESS; OR (C) LOSS OF REVENUE, PROFITS, GOODWILL OR ANTICIPATED SALES OR SAVINGS. ALL MAXIMUM AGGREGATE LIABILITY OF PLATFORMATICS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO YOU, WHETHER BASED INTERTEK IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE)NEGLIGENCE AND BREACH OF STATUTORY DUTY) OR OTHERWISE FOR ANY BREACH OF THIS AGREEMENT OR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THE SERVICES TO BE PROVIDED IN ACCORDANCE WITH THIS AGREEMENT SHALL BE THE AMOUNT OF CHARGES DUE BY THE CLIENT TO INTERTEK UNDER THIS AGREEMENT. 10.3 SUBJECT TO CLAUSE 10.1, OR OTHERWISE, NEITHER PARTY SHALL NOT EXCEED THE LICENSE FEES PAID BY YOU TO ANY APPROVED SOURCE FOR THE SOFTWARE THAT GAVE RISE BE LIABLE TO THE CLAIM. OTHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY) OR OTHERWISE FOR ANY: (a) LOSS OF PROFITS; (b) LOSS OF SALES OR BUSINESS; (c) LOSS OF OPPORTUNITY (INCLUDING WITHOUT LIMITATION IN RELATION TO THIRD PARTY AGREEMENTS OR CONTRACTS); (d) LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION; (e) LOSS OF ANTICIPATED SAVINGS; (f) COST OR EXPENSES INCURRED IN RELATION TO MAKING A PRODUCT RECALL; (g) LOSS OF USE OR CORRUPTION OF SOFTWARE, DATA OR INFORMATION; OR (h) ANY INDIRECT, CONSEQUENTIAL LOSS, PUNITIVE OR SPECIAL LOSS (EVEN WHEN ADVISED OF THEIR POSSIBILITY). 10.4 ANY CLAIM BY THE CLIENT AGAINST INTERTEK (ALWAYS SUBJECT TO THE PROVISIONS OF THIS LIMITATION OF LIABILITY FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.CLAUSE

Limitations and exclusions of liability. IN NO EVENT WILL PLATFORMATICS OR ITS LICENSORS BE LIABLE FOR 10.1 neither party excludes or limits liability to the other party: (a) for death or personal injury resulting from the negligence of that party or its directors, officers, employees, agents or sub-contractors; or (b) for its own fraud (or that of its directors, officers, employees, agents or sub- contractors). 10.2 SUBJECT TO CLAUSE 10.1, THE FOLLOWING, REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR OTHERWISE, EVEN IF A PARTY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (A) INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES; (B) LOSS OR CORRUPTION OF DATA OR INTERRUPTED OR LOSS OF BUSINESS; OR (C) LOSS OF REVENUE, PROFITS, GOODWILL OR ANTICIPATED SALES OR SAVINGS. ALL MAXIMUM AGGREGATE LIABILITY OF PLATFORMATICS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO YOU, WHETHER BASED INTERTEK IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCENEGLIGENCE AND BREACH OF STATUTORY DUTY) OR OTHERWISE FOR ANY BREACH OF THIS AGREEMENT OR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THE SERVICES TO BE PROVIDED IN ACCORDANCE WITH THIS AGREEMENT SHALL BE THE AMOUNT OF CHARGES DUE BY THE CLIENT TO INTERTEK UNDER THIS AGREEMENT. 10.3 SUBJECT TO CLAUSE 10.1, NEITHER PARTY SHALL BE LIABLE TO THE OTHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY) OR OTHERWISE FOR ANY: (a) LOSS OF PROFITS; (b) LOSS OF SALES OR BUSINESS; (c) LOSS OF OPPORTUNITY (INCLUDING WITHOUT LIMITATION IN RELATION TO THIRD PARTY AGREEMENTS OR CONTRACTS); (d) LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION; (e) LOSS OF ANTICIPATED SAVINGS; (f) COST OR EXPENSES INCURRED IN RELATION TO MAKING A PRODUCT RECALL; (g) LOSS OF USE OR CORRUPTION OF SOFTWARE, DATA OR OTHERWISEINFORMATION; OR (h) ANY INDIRECT, SHALL NOT EXCEED CONSEQUENTIAL LOSS, PUNITIVE OR SPECIAL LOSS (EVEN WHEN ADVISED OF THEIR POSSIBILITY). 10.4 ANY CLAIM BY THE LICENSE FEES PAID BY YOU CLIENT AGAINST INTERTEK (ALWAYS SUBJECT TO THE PROVISIONS OF THIS CLAUSE 10) MUST BE MADE WITHIN NINETY (90) DAYS AFTER THE CLIENT BECOMES AWARE OF ANY CIRCUMSTANCES GIVING RISE TO ANY APPROVED SOURCE FOR THE SOFTWARE THAT GAVE RISE TO THE SUCH CLAIM. FAILURE TO GIVE SUCH NOTICE OF CLAIM WITHIN NINETY (90) DAYS SHALL CONSTITUTE A BAR OR IRREVOCABLE WAIVER TO ANY CLAIM, EITHER DIRECTLY OR INDIRECTLY, IN CONTRACT, TORT OR OTHERWISE IN CONNECTION WITH THE PROVISION OF SERVICES UNDER THIS LIMITATION OF LIABILITY FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAWAGREEMENT.

Limitations and exclusions of liability. IN NO EVENT WILL PLATFORMATICS OR ITS LICENSORS BE LIABLE FOR 10.1 neither party excludes or limits liability to the other party: (a) for death or personal injury resulting from the negligence of that party or its directors, officers, employees, agents or sub-contractors; or (b) for its own fraud (or that of its directors, officers, employees, agents or sub-contractors). 10.2 SUBJECT TO CLAUSE 10.1, THE FOLLOWING, REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR OTHERWISE, EVEN IF A PARTY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (A) INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES; (B) LOSS OR CORRUPTION OF DATA OR INTERRUPTED OR LOSS OF BUSINESS; OR (C) LOSS OF REVENUE, PROFITS, GOODWILL OR ANTICIPATED SALES OR SAVINGS. ALL MAXIMUM AGGREGATE LIABILITY OF PLATFORMATICS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO YOU, WHETHER BASED INTERTEK IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE)NEGLIGENCE AND BREACH OF STATUTORY DUTY) OR OTHERWISE FOR ANY BREACH OF THIS AGREEMENT OR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THE SERVICES TO BE PROVIDED IN ACCORDANCE WITH THIS AGREEMENT SHALL BE THE AMOUNT OF CHARGES DUE BY THE CLIENT TO INTERTEK UNDER THIS AGREEMENT. 10.3 SUBJECT TO CLAUSE 10.1, OR OTHERWISE, NEITHER PARTY SHALL NOT EXCEED THE LICENSE FEES PAID BY YOU TO ANY APPROVED SOURCE FOR THE SOFTWARE THAT GAVE RISE BE LIABLE TO THE CLAIM. OTHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY) OR OTHERWISE FOR ANY:‌ (a) LOSS OF PROFITS; (b) LOSS OF SALES OR BUSINESS; (c) LOSS OF OPPORTUNITY (INCLUDING WITHOUT LIMITATION IN RELATION TO THIRD PARTY AGREEMENTS OR CONTRACTS); (d) LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION; (e) LOSS OF ANTICIPATED SAVINGS;‌ (f) COST OR EXPENSES INCURRED IN RELATION TO MAKING A PRODUCT RECALL; (g) LOSS OF USE OR CORRUPTION OF SOFTWARE, DATA OR INFORMATION; OR (h) ANY INDIRECT, CONSEQUENTIAL LOSS, PUNITIVE OR SPECIAL LOSS (EVEN WHEN ADVISED OF THEIR POSSIBILITY). 10.4 ANY CLAIM BY THE CLIENT AGAINST INTERTEK (ALWAYS SUBJECT TO THE PROVISIONS OF THIS LIMITATION OF LIABILITY FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.CLAUSE

Limitations and exclusions of liability. IN NO EVENT WILL PLATFORMATICS 10.1 NEITHER PARTY EXCLUDES OR LIMITS LIABILITY TO THE OTHER PARTY: (A) FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF THAT PARTY OR ITS LICENSORS BE LIABLE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUB-CONTRACTORS; OR (B) FOR ITS OWN FRAUD (OR THAT OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUB- CONTRACTORS). 10.2 SUBJECT TO CLAUSE 10.1, THE FOLLOWINGMAXIMUM AGGREGATE LIABILITY OF INTERTEK IN CONTRACT, REGARDLESS TORT (INCLUDING NEGLIGENCE AND BREACH OF THE THEORY STATUTORY DUTY) OR OTHERWISE FOR ANY BREACH OF LIABILITY THIS AGREEMENT OR WHETHER ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THE USE SERVICES TO BE PROVIDED IN ACCORDANCE WITH THIS AGREEMENT SHALL BE THE AMOUNT OF CHARGES DUE BY THE CLIENT TO INTERTEK UNDER THIS AGREEMENT. 10.3 SUBJECT TO CLAUSE 10.1, NEITHER PARTY SHALL BE LIABLE TO THE OTHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY) OR INABILITY TO USE THE SOFTWARE OR OTHERWISE, EVEN IF A PARTY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: OTHERWISE FOR ANY: (A) INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS; (B) LOSS OF SALES OR CORRUPTION OF DATA OR INTERRUPTED OR LOSS OF BUSINESS; OR ; (C) LOSS OF REVENUE, PROFITS, OPPORTUNITY (INCLUDING WITHOUT LIMITATION IN RELATION TO THIRD PARTY AGREEMENTS OR CONTRACTS); (D) LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION; (E) LOSS OF ANTICIPATED SALES SAVINGS; (F) COST OR SAVINGS. ALL LIABILITY EXPENSES INCURRED IN RELATION TO MAKING A PRODUCT RECALL; (G) LOSS OF PLATFORMATICSUSE OR CORRUPTION OF SOFTWARE, ITS AFFILIATESDATA OR INFORMATION; OR (H) ANY INDIRECT, OFFICERSCONSEQUENTIAL LOSS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO YOU, WHETHER BASED IN WARRANTY, CONTRACT, TORT PUNITIVE OR SPECIAL LOSS (INCLUDING NEGLIGENCEEVEN WHEN ADVISED OF THEIR POSSIBILITY), OR OTHERWISE, SHALL NOT EXCEED . 10.4 ANY CLAIM BY THE LICENSE FEES PAID BY YOU TO ANY APPROVED SOURCE FOR THE SOFTWARE THAT GAVE RISE CLIENT AGAINST INTERTEK (ALWAYS SUBJECT TO THE CLAIM. PROVISIONS OF THIS LIMITATION OF LIABILITY FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.CLAUSE

Limitations and exclusions of liability. IN NO EVENT WILL PLATFORMATICS OR ITS LICENSORS BE LIABLE FOR 10.1 neither party excludes or limits liability to the other party: (a) for death or personal injury resulting from the negligence of that party or its directors, officers, employees, agents or sub-contractors; or (b) for its own fraud (or that of its directors, officers, employees, agents or sub-contractors). 10.2 SUBJECT TO CLAUSE 10.1, THE FOLLOWING, REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR OTHERWISE, EVEN IF A PARTY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (A) INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES; (B) LOSS OR CORRUPTION OF DATA OR INTERRUPTED OR LOSS OF BUSINESS; OR (C) LOSS OF REVENUE, PROFITS, GOODWILL OR ANTICIPATED SALES OR SAVINGS. ALL MAXIMUM AGGREGATE LIABILITY OF PLATFORMATICS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO YOU, WHETHER BASED VIC INSPECTIONS SERVICES HOLDING IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCENEGLIGENCE AND BREACH OF STATUTORY DUTY) OR OTHERWISE FOR ANY BREACH OF THIS AGREEMENT OR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THE SERVICES TO BE PROVIDED IN ACCORDANCE WITH THIS AGREEMENT SHALL BE THE AMOUNT OF CHARGES DUE BY THE CLIENT TO VIC INSPECTIONS SERVICES HOLDING UNDER THIS AGREEMENT. 10.3 SUBJECT TO CLAUSE 10.1, NEITHER PARTY SHALL BE LIABLE TO THE OTHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY) OR OTHERWISE FOR ANY: (a) LOSS OF PROFITS; (b) LOSS OF SALES OR BUSINESS; (c) LOSS OF OPPORTUNITY (INCLUDING WITHOUT LIMITATION IN RELATION TO THIRD PARTY AGREEMENTS OR CONTRACTS); (d) LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION; (e) LOSS OF ANTICIPATED SAVINGS; (f) COST OR EXPENSES INCURRED IN RELATION TO MAKING A PRODUCT RECALL; (g) LOSS OF USE OR CORRUPTION OF SOFTWARE, DATA OR OTHERWISEINFORMATION; OR (h) ANY INDIRECT, SHALL NOT EXCEED CONSEQUENTIAL LOSS, PUNITIVE OR SPECIAL LOSS (EVEN WHEN ADVISED OF THEIR POSSIBILITY). 10.4 ANY CLAIM BY THE LICENSE FEES PAID BY YOU CLIENT AGAINST VIC INSPECTIONS SERVICES HOLDING (ALWAYS SUBJECT TO THE PROVISIONS OF THIS CLAUSE 10) MUST BE MADE WITHIN NINETY (90) DAYS AFTER THE CLIENT BECOMES AWARE OF ANY CIRCUMSTANCES GIVING RISE TO ANY APPROVED SOURCE FOR THE SOFTWARE THAT GAVE RISE TO THE SUCH CLAIM. FAILURE TO GIVE SUCH NOTICE OF CLAIM WITHIN NINETY (90) DAYS SHALL CONSTITUTE A BAR OR IRREVOCABLE WAIVER TO ANY CLAIM, EITHER DIRECTLY OR INDIRECTLY, IN CONTRACT, TORT OR OTHERWISE IN CONNECTION WITH THE PROVISION OF SERVICES UNDER THIS LIMITATION OF LIABILITY FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAWAGREEMENT.

Limitations and exclusions of liability. IN NO EVENT WILL PLATFORMATICS OR ITS LICENSORS BE LIABLE FOR 10.1 neither party excludes or limits liability to the other party: (a) for death or personal injury resulting from the negligence of that party or its directors, officers, employees, agents or sub-contractors; or (b) for its own fraud (or that of its directors, officers, employees, agents or sub-contractors). 10.2 SUBJECT TO CLAUSE 10.1, THE FOLLOWING, REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR OTHERWISE, EVEN IF A PARTY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (A) INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES; (B) LOSS OR CORRUPTION OF DATA OR INTERRUPTED OR LOSS OF BUSINESS; OR (C) LOSS OF REVENUE, PROFITS, GOODWILL OR ANTICIPATED SALES OR SAVINGS. ALL MAXIMUM AGGREGATE LIABILITY OF PLATFORMATICS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO YOU, WHETHER BASED INTERTEK IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCENEGLIGENCE AND BREACH OF STATUTORY DUTY) OR OTHERWISE FOR ANY BREACH OF THIS AGREEMENT OR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THE SERVICES TO BE PROVIDED IN ACCORDANCE WITH THIS AGREEMENT SHALL BE THE AMOUNT OF CHARGES DUE BY THE CLIENT TO INTERTEK UNDER THIS AGREEMENT. 10.3 SUBJECT TO CLAUSE 10.1, NEITHER PARTY SHALL BE LIABLE TO THE OTHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY) OR OTHERWISE FOR ANY: (a) LOSS OF PROFITS; (b) LOSS OF SALES OR BUSINESS; (c) LOSS OF OPPORTUNITY (INCLUDING WITHOUT LIMITATION IN RELATION TO THIRD PARTY AGREEMENTS OR CONTRACTS); (d) LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION; (e) LOSS OF ANTICIPATED SAVINGS; (f) COST OR EXPENSES INCURRED IN RELATION TO MAKING A PRODUCT RECALL; (g) LOSS OF USE OR CORRUPTION OF SOFTWARE, DATA OR OTHERWISEINFORMATION; OR (h) ANY INDIRECT, SHALL NOT EXCEED CONSEQUENTIAL LOSS, PUNITIVE OR SPECIAL LOSS (EVEN WHEN ADVISED OF THEIR POSSIBILITY). 10.4 ANY CLAIM BY THE LICENSE FEES PAID BY YOU CLIENT AGAINST INTERTEK (ALWAYS SUBJECT TO THE PROVISIONS OF THIS CLAUSE 10) MUST BE MADE WITHIN NINETY (90) DAYS AFTER THE CLIENT BECOMES AWARE OF ANY CIRCUMSTANCES GIVING RISE TO ANY APPROVED SOURCE FOR THE SOFTWARE THAT GAVE RISE TO THE SUCH CLAIM. FAILURE TO GIVE SUCH NOTICE OF CLAIM WITHIN NINETY (90) DAYS SHALL CONSTITUTE A BAR OR IRREVOCABLE WAIVER TO ANY CLAIM, EITHER DIRECTLY OR INDIRECTLY, IN CONTRACT, TORT OR OTHERWISE IN CONNECTION WITH THE PROVISION OF SERVICES UNDER THIS LIMITATION OF LIABILITY FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAWAGREEMENT.

Limitations and exclusions of liability. EXCEPT TO THE EXTENT PROHIBITED UNDER LAW OR AS OTHERWISE EXPRESSLY AGREED TO BY SERVICENOW IN NO EVENT WILL PLATFORMATICS OR ITS LICENSORS THE APP CONDITIONS FOR SERVICENOW APPS, SERVICENOW SHALL NOT BE LIABLE FOR THE FOLLOWING, REGARDLESS DAMAGES OF THE THEORY OF LIABILITY OR WHETHER ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE IN CONNECTION WITH STORE OR OTHERWISEANY APP, EVEN IF A PARTY INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE OR PROFITS, LOSS OF DATA, COVER AND COSTS OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND WHETHER IN CONTRACT, IN TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT SERVICENOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (A) INDIRECT, INCIDENTALAND REGARDLESS OF WHETHER SERVICENOW REVIEWED, EXEMPLARYMODERATED, SPECIAL COMMENTED ON OR CONSEQUENTIAL PROMOTED THE APP GIVING RISE TO DAMAGES; (B) LOSS . IF SERVICENOW IS LIABLE TO CUSTOMER FOR DAMAGES OF ANY KIND, THEN SERVICENOW’S TOTAL, CUMULATIVE LIABILITY TO CUSTOMER, ARISING OUT OF OR CORRUPTION OF DATA RELATED TO STORE OR INTERRUPTED OR LOSS OF BUSINESS; OR (C) LOSS OF REVENUE, PROFITS, GOODWILL OR ANTICIPATED SALES OR SAVINGS. ALL LIABILITY OF PLATFORMATICS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO YOUANY APP, WHETHER BASED IN WARRANTY, CONTRACT, IN TORT (INCLUDING NEGLIGENCE)OR UNDER ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, SHALL WILL NOT EXCEED THE LICENSE FEES PRICE (IF ANY) THAT CUSTOMER PAID BY YOU THROUGH STORE TO ACCESS THAT APP DURING THE 12 MONTH PERIOD BEFORE SUCH LIABILITY AROSE. MULTIPLE CLAIMS WILL NOT INCREASE THIS LIMIT. THE PARTIES HAVE AGREED THAT THE LIMITATIONS OF THIS SECTION 9 WILL SURVIVE AND APPLY EVEN IF ANY APPROVED SOURCE FOR THE SOFTWARE THAT GAVE RISE TO THE CLAIM. THIS LIMITATION OF LIABILITY FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT. NOTHING LIMITED REMEDY SPECIFIED IN THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAWIS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. The foregoing limitation of liability shall not apply to fraud or any other matter for which liability cannot be excluded by law.

Limitations and exclusions of liability. EXCEPT TO THE EXTENT PROHIBITED UNDER LAW OR AS OTHERWISE EXPRESSLY AGREED TO BY SERVICENOW IN NO EVENT WILL PLATFORMATICS OR ITS LICENSORS THE APP CONDITIONS FOR SERVICENOW APPS, SERVICENOW SHALL NOT BE LIABLE FOR THE FOLLOWING, REGARDLESS DAMAGES OF THE THEORY OF LIABILITY OR WHETHER ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE IN CONNECTION WITH STORE OR OTHERWISEANY APP, EVEN IF A PARTY INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE OR PROFITS, LOSS OF DATA, COVER AND COSTS OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND WHETHER IN CONTRACT, IN TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT SERVICENOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (A) INDIRECT, INCIDENTALAND REGARDLESS OF WHETHER SERVICENOW REVIEWED, EXEMPLARYMODERATED, SPECIAL COMMENTED ON OR CONSEQUENTIAL PROMOTED THE APP GIVING RISE TO DAMAGES; (B) LOSS . IF SERVICENOW IS LIABLE TO CUSTOMER FOR DAMAGES OF ANY KIND, THEN SERVICENOW’S TOTAL, CUMULATIVE LIABILITY TO CUSTOMER, ARISING OUT OF OR CORRUPTION OF DATA RELATED TO STORE OR INTERRUPTED OR LOSS OF BUSINESS; OR (C) LOSS OF REVENUE, PROFITS, GOODWILL OR ANTICIPATED SALES OR SAVINGS. ALL LIABILITY OF PLATFORMATICS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO YOUANY APP, WHETHER BASED IN WARRANTY, CONTRACT, IN TORT (INCLUDING NEGLIGENCE)OR UNDER ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, SHALL WILL NOT EXCEED THE LICENSE FEES PRICE (IF ANY) THAT CUSTOMER PAID BY YOU THROUGH STORE TO ACCESS THAT APP DURING THE 12 MONTH PERIOD BEFORE SUCH LIABILITY AROSE. MULTIPLE CLAIMS WILL NOT INCREASE THIS LIMIT. THE PARTIES HAVE AGREED THAT THE LIMITATIONS OF THIS SECTION 9 WILL SURVIVE AND APPLY EVEN IF ANY APPROVED SOURCE FOR THE SOFTWARE THAT GAVE RISE TO THE CLAIM. THIS LIMITATION OF LIABILITY FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT. NOTHING LIMITED REMEDY SPECIFIED IN THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAWIS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

Limitations and exclusions of liability. 15.1 EXCEPT FOR LIABILITY FOR INDEMNIFICATION, LIABILITY FOR BREACH OF CONFIDENTIALITY, OR LIABILITY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT WILL PLATFORMATICS OR ITS LICENSORS BE IS EITHER PARTY LIABLE FOR THE FOLLOWINGCONSEQUENTIAL, REGARDLESS OF THE THEORY OF LIABILITY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR WHETHER ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THIS AGREEMENT, REGARDLESS OF: (A) WHETHER THE USE DAMAGES WERE FORESEEABLE; (B) WHETHER OR INABILITY TO USE NOT THE SOFTWARE OR OTHERWISE, EVEN IF A BREACHING PARTY BEEN WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (A) INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES; (B) LOSS OR CORRUPTION OF DATA OR INTERRUPTED OR LOSS OF BUSINESS; OR THE DAMAGES AND (C) LOSS THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) ON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF REVENUEANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, PROFITSand, GOODWILL as such, some portion of the above limitation may not apply to You. In such jurisdictions, Our liability is limited to the greatest extent permitted by law. 15.2 EXCEPT FOR OBLIGATIONS TO MAKE PAYMENT UNDER THIS AGREEMENT, LIABILITY FOR INDEMNIFICATION, LIABILITY FOR BREACH OF CONFIDENTIALITY, OR ANTICIPATED SALES LIABILITY FOR INFRINGEMENT OR SAVINGS. ALL MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF PLATFORMATICS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, OR RELATED TO YOUTHIS AGREEMENT, WHETHER BASED IN WARRANTY, ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ) OR OTHERWISE, SHALL NOT EXCEED THE LICENSE FEES TOTAL OF THE CHARGES PAID AND CHARGES ACCRUED BUT NOT YET PAID BY YOU TO ANY APPROVED SOURCE FOR UNDER THIS AGREEMENT IN THE SOFTWARE THAT GAVE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION OF LIABILITY FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT. NOTHING IN THE FOREGOING LIMITATIONS APPLY EVEN IF THE NON-BREACHING PARTY’S REMEDIES UNDER THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAWFAIL OF THEIR ESSENTIAL PURPOSE. 15.3 Notwithstanding clause 15.1, clause 15.2 and any other provisions of this Agreement, neither party excludes or limits its liability for: 15.3.1 death or personal injury caused by its negligence or the negligence of its officers, employees, contractors or agents; 15.3.2 fraud or wilful misconduct; or 15.3.3 any liability that cannot lawfully be excluded.

Limitations and exclusions of liability. IN NO EVENT WILL PLATFORMATICS OR ITS LICENSORS BE LIABLE FOR TO THE FOLLOWING, REGARDLESS OF THE THEORY OF MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW 1. CONTENTFUL’S (TOGETHER WITH ALL INDEMNIFIED PARTIES) MAXIMUM AGGREGATE LIABILITY OR WHETHER ARISING OUT OF OR RELATED TO THIS AGREEMENT, SHALL NOT EXCEED THE HIGHER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE FEES PAID BY YOU, IF ANY, FOR USE OF CEAP FEATURES IN THE 12-MONTH PERIOD PRECEDING THE INCIDENT GIVING RISE TO LIABILITY, 2. CONTENTFUL (TOGETHER WITH ALL INDEMNIFIED PARTIES) HAS NO LIABILITY ARISING OUT OF OR INABILITY RELATED TO USE THE SOFTWARE AGREEMENT FOR ANY LOST PROFITS, REVENUES, GOODWILL, CONTENT, DATA OR OTHERWISEFOR ANY INDIRECT, EVEN IF A PARTY SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, AND 3. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH ANY CEAP FEATURES IS TO STOP USING THE APPLICABLE CEAP FEATURES. THE FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY APPLY WHETHER THE LIABILITY IS IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, AND REGARDLESS OF WHETHER CONTENTFUL OR INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (A) INDIRECTLOSSES OR DAMAGES OR WHETHER ANY REMEDY OTHERWISE FAILS ITS ESSENTIAL PURPOSE. To the extent a disclaimer, INCIDENTALlimitation or exclusion of liabilities is not enforceable by mandatory applicable law, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES; (B) LOSS OR CORRUPTION OF DATA OR INTERRUPTED OR LOSS OF BUSINESS; OR (C) LOSS OF REVENUE, PROFITS, GOODWILL OR ANTICIPATED SALES OR SAVINGSContentful’s liability is limited and excluded to the greatest extent allowed by such applicable law. ALL LIABILITY OF PLATFORMATICS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO YOU, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE LICENSE FEES PAID BY YOU TO ANY APPROVED SOURCE FOR FOREGOING PROVISIONS ALLOCATE THE SOFTWARE THAT GAVE RISE TO THE CLAIM. THIS LIMITATION OF LIABILITY FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT. NOTHING IN RISKS UNDER THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAWBETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.

Limitations and exclusions of liability. IN NO EVENT WILL PLATFORMATICS OR ITS LICENSORS 8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIOGEN IDEC SHALL NOT BE LIABLE FOR THE FOLLOWINGANY DELAYS TO ANY RESEARCH AND/OR DEVELOPMENT PROGRAM, INCLUDING CLINICAL TRIALS, LOSS OF DATA, LOSS OF PROFITS, OR LOSS OR BUSINESS OR BUSINESS OPPORTUNITIES, REGARDLESS OF HOW SUCH DAMAGES ARE CHARACTERIZED, OR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR TO THE SERVICES PROVIDED OR CONTEMPLATED HEREUNDER, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR OTHERWISE, EVEN IF A PARTY BIOGEN IDEC HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES: (A) INDIRECT. 8.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES; (B) LOSS OR CORRUPTION BIOGEN IDEC SHALL NOT BE LIABLE FOR ANY DAMAGES OF DATA OR INTERRUPTED OR LOSS OF BUSINESS; OR (C) LOSS OF REVENUE, PROFITS, GOODWILL OR ANTICIPATED SALES OR SAVINGS. ALL LIABILITY OF PLATFORMATICS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, ANY KIND GREATER THAN THE AMOUNT ACTUALLY PAID UNDER THE SOW TO YOU, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE)WHICH SUCH DAMAGES RELATE, OR OTHERWISE, SHALL IN THE CASE OF DAMAGES THAT ARE NOT EXCEED THE LICENSE FEES PAID BY YOU TO ANY APPROVED SOURCE FOR THE SOFTWARE THAT GAVE RISE SPECIFIC TO THE CLAIMSOW, $10,000. THIS LIMITATION THESE LIMITATIONS WILL APPLY EVEN IF BIOGEN IDEC HAS BEEN ADVISED OR IS AWARE OF LIABILITY FOR SOFTWARE IS CUMULATIVE THE POSSIBILITY OF SUCH DAMAGES. BOTH PARTIES HEREBY ACKNOWLEDGE THAT THE MUTUAL COVENANTS AND NOT PER INCIDENT. NOTHING AGREEMENTS SET FORTH IN THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAWAGREEMENT, INCLUDING THE FEES CHARGED HEREUNDER, REFLECT THIS ALLOCATION OF RISK. THE LIMITATIONS OF THIS SECTION SHALL APPLY EVEN IN THE EVENT OF A FAILURE OF THE ESSENTIAL PURPOSE OF THIS PROVISION.

Limitations and exclusions of liability. TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT WILL PLATFORMATICS WE OR ITS OUR LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTIES FOR THE FOLLOWINGANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR COSTS, REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT NATURE OF THE USE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUES, COSTS OF DELAY, FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR INABILITY TO USE DAMAGED DATA OR THE SOFTWARE OR OTHERWISECOST OF RECREATING THE SAME, EVEN IF A PARTY WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: . IN NO EVENT WILL WE BE LIABLE FOR THE PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS. TO THE FULLEST EXTENT ALLOWED BY LAW, OUR TOTAL LIABILITY (AAND THAT OF OUR SUPPLIERS/LICENSORS) INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL ARISING OUT OF OR CONSEQUENTIAL DAMAGES; (B) LOSS OR CORRUPTION OF DATA OR INTERRUPTED OR LOSS OF BUSINESS; OR (C) LOSS OF REVENUE, PROFITS, GOODWILL OR ANTICIPATED SALES OR SAVINGS. ALL LIABILITY OF PLATFORMATICS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, RELATED TO YOUTHIS AGREEMENT, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE)OR UNDER ANY OTHER THEORY OF LIABILITY, WILL BE LIMITED TO DIRECT DAMAGES ONLY IN AN AMOUNT EQUAL TO THE FEES RECEIVED BY US RELATED TO THE INDIVIDUAL CONTENT OWNER, ACCOUNT OR OTHERWISEPRODUCT, SHALL NOT IN THE 12 CALENDAR MONTHS PRIOR TO THE INCIDENT GIVING RISE TO SUCH LIABILITY; PROVIDED THAT IN NO EVENT WILL OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE LICENSE TOTAL FEES YOU PAID BY YOU TO US FOR ALL PRODUCTS IN ANY APPROVED SOURCE FOR THE SOFTWARE THAT GAVE RISE TO THE CLAIM6 CALENDAR MONTH PERIOD. THIS LIMITATION THESE LIMITATIONS OF LIABILITY FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT. NOTHING IN ARE INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT LIMITS HAVE BEEN BREACHED OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAWHAVE PROVEN INEFFECTIVE. Essential Basis. You acknowledge and agree that the disclaimers, exclusions and limitations of liability set forth in Sections 8 and 9 form an essential basis of this Agreement and have been relied on by both of us, and that absent such disclaimers, exclusions and limitations of liability, the terms and conditions of this Agreement and the fees applicable to the Products would be substantially different.

Limitations and exclusions of liability. IN NO EVENT WILL PLATFORMATICS OR ITS LICENSORS BE LIABLE FOR 10.1 neither party excludes or limits liability to the other party: (a) for death or personal injury resulting from the negligence of that party or its directors, officers, employees, agents or sub‐contractors; or (b) for its own fraud (or that of its directors, officers, employees, agents or sub‐contractors). 10.2 SUBJECT TO CLAUSE 10.1, THE FOLLOWING, REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR OTHERWISE, EVEN IF A PARTY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (A) INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES; (B) LOSS OR CORRUPTION OF DATA OR INTERRUPTED OR LOSS OF BUSINESS; OR (C) LOSS OF REVENUE, PROFITS, GOODWILL OR ANTICIPATED SALES OR SAVINGS. ALL MAXIMUM AGGREGATE LIABILITY OF PLATFORMATICS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO YOU, WHETHER BASED INTERTEK IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE)NEGLIGENCE AND BREACH OF STATUTORY DUTY) OR OTHERWISE FOR ANY BREACH OF THIS AGREEMENT OR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THE SERVICES TO BE PROVIDED IN ACCORDANCE WITH THIS AGREEMENT SHALL BE THE AMOUNT OF CHARGES DUE BY THE CLIENT TO INTERTEK UNDER THIS AGREEMENT. 10.3 SUBJECT TO CLAUSE 10.1, OR OTHERWISE, NEITHER PARTY SHALL NOT EXCEED THE LICENSE FEES PAID BY YOU TO ANY APPROVED SOURCE FOR THE SOFTWARE THAT GAVE RISE BE LIABLE TO THE CLAIM. OTHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY) OR OTHERWISE FOR ANY: (a) LOSS OF PROFITS; (b) LOSS OF SALES OR BUSINESS; (c) LOSS OF OPPORTUNITY (INCLUDING WITHOUT LIMITATION IN RELATION TO THIRD PARTY AGREEMENTS OR CONTRACTS); (d) LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION; (e) LOSS OF ANTICIPATED SAVINGS; (f) COST OR EXPENSES INCURRED IN RELATION TO MAKING A PRODUCT RECALL; (g) LOSS OF USE OR CORRUPTION OF SOFTWARE, DATA OR INFORMATION; OR (h) ANY INDIRECT, CONSEQUENTIAL LOSS, PUNITIVE OR SPECIAL LOSS (EVEN WHEN ADVISED OF THEIR POSSIBILITY). 10.4 ANY CLAIM BY THE CLIENT AGAINST INTERTEK (ALWAYS SUBJECT TO THE PROVISIONS OF THIS LIMITATION OF LIABILITY FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.CLAUSE

Limitations and exclusions of liability. These are the limits of legal liability we may have to you. ● ▇▇▇▇▇▇▇ EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSS CAUSED, OR ALLEGED TO BE CAUSED, BY THE TRANSMISSION OF CARDHOLDER DATA PRIOR TO ITS ENCRYPTION AND RECEIPT BY SERVER(S) OWNED OR CONTROLLED BY ▇▇▇▇▇▇▇. THE EXCLUDED DAMAGES WILL INCLUDE, WITHOUT LIMITATION, DAMAGES RESULTING FROM FRAUD, EMBEZZLEMENT, THEFT, IDENTITY THEFT, OR INVASION OF PRIVACY. ● TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PLATFORMATICS OR ITS LICENSORS BE LIABLE THE Punchey PARTIES’ AGGREGATE LIABILITY, COLLECTIVELY, FOR THE FOLLOWING, REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE SUBSCRIPTION FEES ACTUALLY PAID BY YOU DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE INCIDENT. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) APPLY WITH RESPECT TO BOTH Punchey AND THE Punchey PARTIES. ● IN NO EVENT WILL ANY Punchey PARTIES HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, OR FOR ANY LOST PROFITS, LOSS OF USE, DATA OR OPPORTUNITIES, COST OF DATA RECONSTRUCTION, COST OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES OR THIRD PARTY OFFERINGS, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SOFTWARE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OTHERWISEOMISSION, EVEN IF A PARTY Punchey, ITS LICENSORS OR SUBCONTRACTORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (A) INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES; (B) LOSS OR CORRUPTION OF DATA DAMAGES. ● THE FOREGOING EXCLUSIONS OR INTERRUPTED OR LOSS OF BUSINESS; OR (C) LOSS OF REVENUE, PROFITS, GOODWILL OR ANTICIPATED SALES OR SAVINGS. ALL LIABILITY OF PLATFORMATICS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO YOU, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL LIMITATIONS MAY NOT EXCEED THE LICENSE FEES PAID BY YOU TO ANY APPROVED SOURCE FOR THE SOFTWARE THAT GAVE RISE APPLY TO THE CLAIM. THIS LIMITATION OF LIABILITY FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER EXTENT PROHIBITED BY APPLICABLE LAW.

Limitations and exclusions of liability. IN NO EVENT WILL PLATFORMATICS THE COMPANY OR ITS LICENSORS BE LIABLE FOR THE FOLLOWING, REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE HARDWARE OR OTHERWISE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (A) INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL LOSS OF OR CONSEQUENTIAL DAMAGES; (B) LOSS DAMAGE TO RECORDS OR CORRUPTION OF DATA OR INTERRUPTED OR LOSS OF BUSINESS; , (B) THIRD-PARTY CLAIMS FOR DAMAGES, OR (C) CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES, (D) LOSS OF REVENUE, PROFITS, GOODWILL OR ANTICIPATED SALES OR SAVINGS. ALL THE COMBINED TOTAL AGGREGATE LIABILITY OF PLATFORMATICSTHE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO YOULICENSORS, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), ) OR OTHERWISE, SHALL NOT EXCEED THE LICENSE FEES PAID BY YOU CUSTOMER TO ANY APPROVED SOURCE FOR THE SOFTWARE HARDWARE THAT GAVE RISE TO THE CLAIM. CLAIM THIS LIMITATION OF LIABILITY FOR SOFTWARE HARDWARE IS CUMULATIVE AND NOT PER INCIDENT. NOTHING IN THIS AGREEMENT LIMITED WARRANTY LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

Limitations and exclusions of liability. 8.1 Nothing in this Licence shall limit or exclude either party’s liability for death or personal injury caused by its negligence; or for fraud or fraudulent misrepresentation; or any other liability that may not be excluded or limited by law. 8.2 SUBJECT TO CLAUSE 8.1, IN NO EVENT WILL PLATFORMATICS OR ITS LICENSORS EITHER PARTY BE LIABLE TO THE OTHER PARTY, OR TO ANY THIRD-PARTY FOR THE FOLLOWINGANY CONSEQUENTIAL, REGARDLESS INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING DAMAGES FOR LOSS OF THE THEORY DATA OTHER THAN PERSONAL DATA, GOODWILL, DIRECT OR INDIRECT PROFITS, INVESTMENTS, USE OF LIABILITY MONEY OR WHETHER ARISING OUT USE OF THE FACILITIES; INTERRUPTION IN USE OR INABILITY TO USE THE SOFTWARE AVAILABILITY OF DATA; STOPPAGE OF OTHER WORK OR OTHERWISEIMPAIRMENT OF OTHER ASSETS), EVEN IF A SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: , ARISING OUT OF (Ai) INDIRECTTHE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT OR SOFTWARE, INCIDENTALPRODUCTS OR SUBSCRIPTION SERVICES PROVIDED HEREUNDER, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES; (B) LOSS OR CORRUPTION OF DATA OR INTERRUPTED OR LOSS OF BUSINESS; OR (Cii) LOSS ANY CLAIM, CAUSE OF REVENUEACTION, PROFITS, GOODWILL BREACH OF CONTRACT OR ANTICIPATED SALES ANY EXPRESS OR SAVINGS. ALL LIABILITY OF PLATFORMATICS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO YOU, WHETHER BASED IN IMPLIED WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER THIS AGREEMENT OR OTHERWISE, SHALL NOT EXCEED THE LICENSE FEES PAID BY YOU TO ANY APPROVED SOURCE FOR THE SOFTWARE THAT GAVE RISE TO THE CLAIMMISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT. THIS LIMITATION OF LIABILITY FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAWAny amounts payable to a third-party pursuant to a judgment or agreed to in a settlement approved in writing by an indemnifying party in connection with an indemnification obligation under this Licence shall be deemed direct damages for purposes of this Clause 8.2. 8.3 Subject to Clause 8.1 and 8.2, TruNarrative’s entire liability arising out of this Licence will in no event exceed 8.4 Customer agrees that these exclusions and limitations apply even if the remedies are insufficient to cover all of the losses or damages of Customer, or fail of their essential purpose and that without these limitations the fees for the Subscription Services would be significantly higher.

Limitations and exclusions of liability. IN NO EVENT WILL PLATFORMATICS OR ITS LICENSORS BE LIABLE FOR ‌ 10.1 neither party excludes or limits liability to the other party: (a) for death or personal injury resulting from the negligence of that party or its directors, officers, employees, agents or sub-contractors; or‌ (b) for its own fraud (or that of its directors, officers, employees, agents or sub-contractors). 10.2 SUBJECT TO CLAUSE 10.1, THE FOLLOWING, REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR OTHERWISE, EVEN IF A PARTY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (A) INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES; (B) LOSS OR CORRUPTION OF DATA OR INTERRUPTED OR LOSS OF BUSINESS; OR (C) LOSS OF REVENUE, PROFITS, GOODWILL OR ANTICIPATED SALES OR SAVINGS. ALL MAXIMUM AGGREGATE LIABILITY OF PLATFORMATICS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO YOU, WHETHER BASED INTERTEK IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), NEGLIGENCE AND BREACH OF STATUTORY DUTY) OR OTHERWISE, OTHERWISE FOR ANY BREACH OF THIS AGREEMENT OR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THE SERVICES TO BE PROVIDED IN ACCORDANCE WITH THIS AGREEMENT SHALL BE THE TOTAL VALUE OF CHARGES UNDER THIS AGREEMENT. 10.3 INTERTEK SHALL NOT EXCEED THE LICENSE FEES PAID BY YOU TO ANY APPROVED SOURCE FOR THE SOFTWARE THAT GAVE RISE BE LIABLE TO THE CLAIM. CLIENT IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY) OR OTHERWISE FOR ANY: (a) LOSS OF PROFITS;‌ (b) LOSS OF SALES OR BUSINESS; (c) LOSS OF OPPORTUNITY (INCLUDING WITHOUT LIMITATION IN RELATION TO THIRD PARTY AGREEMENTS OR CONTRACTS); (d) LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION; (e) LOSS OF ANTICIPATED SAVINGS; (f) COST OR EXPENSES INCURRED IN RELATION TO MAKING A PRODUCT RECALL; (g) LOSS OF USE OR CORRUPTION OF SOFTWARE, DATA OR INFORMATION; OR‌ (h) ANY INDIRECT, CONSEQUENTIAL LOSS, PUNITIVE OR SPECIAL LOSS (EVEN WHEN ADVISED OF THEIR POSSIBILITY). 10.4 ANY CLAIM BY THE CLIENT AGAINST INTERTEK (ALWAYS SUBJECT TO THE PROVISIONS OF THIS LIMITATION OF LIABILITY FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.CLAUSE

Limitations and exclusions of liability. This section sets out the extent of each party’s liability to the other. Notwithstanding the foregoing, nothing in this section 1.8 will limit or modify any rights or liabilities of the parties arising 1) under section 1.7, 2) from breach of a party’s obligations regarding confidentiality, or 3) by virtue of a party’s infringement of the other party’s Intellectual Property Rights. IN NO EVENT WILL PLATFORMATICS EITHER PARTY HAVE ANY LIABILITY IN CONNECTION WITH ANY CONTRACT FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR ITS LICENSORS BE LIABLE FOR THE FOLLOWINGPUNITIVE DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT NATURE OF THE USE CLAIM, WHETHER OR INABILITY TO USE NOT THE SOFTWARE OR OTHERWISE, EVEN IF A PARTY BEEN ADVISED FROM WHOM DAMAGES ARE SOUGHT WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES: (A) INDIRECT, INCIDENTALINCLUDING LOST PROFITS, EXEMPLARYCOSTS OF DELAY, SPECIAL ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR CONSEQUENTIAL DAMAGES; (B) LOSS OR CORRUPTION OF DAMAGED DATA OR INTERRUPTED DOCUMENTATION, OR LOSS LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE. IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY IN CONNECTION WITH ANY PARTICULAR CONTRACT EXCEED THE FEES PAID TO US BY YOU UNDER THAT CONTRACT. FOR SAKE OF BUSINESS; OR (C) LOSS CLARITY, IN THE CASE OF REVENUEANNUALLY RENEWABLE CONTRACTS, PROFITS, GOODWILL OR ANTICIPATED SALES OR SAVINGS. ALL THE AGGREGATE LIABILITY OF PLATFORMATICS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO YOU, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL EITHER PARTY MAY NOT EXCEED THE LICENSE FEES PAID BY YOU TO ANY APPROVED SOURCE FOR DURING THE SOFTWARE THAT GAVE RISE TO THEN- CURRENT TERM OF THE CLAIMCONTRACT IN WHICH THE CLAIM ARISES. THIS LIMITATION CLAUSE SHALL NOT IMPAIR THE U.S. GOVERNMENT’S RIGHT TO RECOVER FOR FRAUD OR CRIMES ARISING OUT OF LIABILITY FOR SOFTWARE IS CUMULATIVE OR RELATED TO THIS CONTRACT UNDER ANY FEDERAL FRAUD STATUTE, INCLUDING THE FALSE CLAIMS ACT, 31 U.S.C. 3729-3733. FURTHERMORE, THIS CLAUSE SHALL NOT IMPAIR NOR PREJUDICE THE U.S. GOVERNMENT’S RIGHT TO EXPRESS REMEDIES PROVIDED IN THE GSA SCHEDULE CONTRACT (E.G., CLAUSE 552.238-75 – PRICE REDUCTIONS, CLAUSE 52.212-4(H) – PATENT INDEMNIFICATION, AND NOT PER INCIDENT. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAWGSAR 552.215-72 – PRICE ADJUSTMENT – FAILURE TO PROVIDE ACCURATE INFORMATION).