Common use of Limitations of Liability Clause in Contracts

Limitations of Liability. 10.1 NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY IN NO EVENT WILL SYNACOR BE LIABLE UNDER OR IN CONNECTION WITH THESE EU TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVEENHANCED, OR CONSEQUENTIAL DAMAGES PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATIONDATA, OR REPROCUREMENT COSTSBREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, LOSS IN EACH CASE REGARDLESS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. THE FOREGOING LIMITATIONS IN NO EVENT WILL SYNACOR'S AGGREGATE LIABILITY ARISING OUT OF LIABILITY APPLY OR RELATED TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF THESE EU TERMS UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED TORT (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIMINCLUDING NEGLIGENCE), STRICT LIABILITY, OR (II) OTHERWISE EXCEED THE TOTAL AMOUNTS PAID FOR TO SYNACOR UNDER THIS AGREEMENT IN THE PRODUCT MAINTENANCE OR SERVICES TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIMOR $100.00 USD, WHICHEVER IS LESS. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out of the performance of any Services pursuant The exclusions and limitations in this Section 10 do not apply to this Agreement may be brought by either party more than two (2) years afterCustomer's obligations under Section 9.2.‌

Limitations of Liability. 10.1 NEITHER PARTY WILL LIMITS NOR EXCLUDES ITS LIABILITY FOR DEATH OR PERSONAL INJURY, FRAUD OR ANY OTHER MATTER THAT CANNOT BE LAWFULLY EXCLUDED. NEVERTHELESS, EACH PARTY’S’S SOLE LIABILITY HEREUNDER SHALL BE LIMITED TO DIRECT AND OBJECTIVELY MEASURABLE DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR CONSEQUENTIAL OTHER DAMAGES OF ANY TYPE OR KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, (INCLUDING LOSS OF PROFITDATA, REVENUE, DATAPROFITS, CUSTOMERSUSE, BUSINESS INTERUPTIONS OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR GOODWILLIN ANY WAY CONNECTED WITH THE C3 HUB, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE C3 HUB, OR CLIENT TECHNOLOGY DAMAGEFOR ANY CONTENT OBTAINED FROM OR THROUGH THE C3 HUB, FAILURE ANY INTERRUPTION, INACCURACY, ERROR OR MALFUNCTIONOMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR LIABILITIES ARISING FROM A CLAIM RELATED TO DEATH, PERSONAL INJURIES, FRAUD OR PURSUANT TO SECTION 10 (MUTUAL INDEMNIFICATION) OR SECTION 4 (CUSTOMER USE OF THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORYC3 HUB), INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM WINMILL FOR ANY CLAIM EXCEED THE CUSTOMER IN THE TWELVE (I12) MONTH PERIOD IMMEDIATELY PRECEDING THE PURCHASE PRICE PAID FOR THE PRODUCT EVENT GIVING RISE TO SUCH CLAIM. IF NO SUCH AMOUNT WAS PAID AND/OR IS DUE YET, THEN IT SHALL BE THE CLAIM, OR AMOUNT REPRESENTING THE CURRENT BASE COST PER TRANSACTION MULTIPLIED BY THE NUMBER OF TRANSACTION EXECUTED BY THE CUSTOMER IN THE TWELVE (II12) MONTH PERIOD IMMEDIATELY PRECEDING THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES EVENT GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE SUCH CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE THESE LIMITATIONS ARE ON POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT OF IN SETTING CONSIDERATION UNDER THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY (i) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR OTHERWISE, NEURONETICS WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL SPECIAL DAMAGES OF ANY KIND KIND, INCLUDING DAMAGES FOR LOST REVENUE OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTSLOST PROFITS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERSLITIGATION EXPENSES, DAMAGE TO REPUTATION, LOSS OF BUSINESS, OR GOODWILLANY OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING IN CONNECTION WITH THE SALE, LICENSE, INSTALLATION, PERFORMANCE, FAILURE, USE, OR CLIENT TECHNOLOGY DAMAGEINTERRUPTED USE OF PRODUCTS, FAILURE OR MALFUNCTIONFROM NEURONETICS’ NEGLIGENCE OR OTHER FAULT IN CONNECTION THEREWITH. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR OTHERWISE, EVEN IF ADVISED NEURONETICS’ LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RESULTING FROM THIS AGREEMENT, ITS PERFORMANCE OR BREACH HEREOF, OR IN CONNECTION WITH ANY PRODUCTS OR SERVICE, REGARDLESS OF THE POSSIBILITY FORUM AND REGARDLESS OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF WHETHER ANY ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORYCLAIM IS BASED ON CONTRACT, INCLUDING TORT, INDEMNIFICATION, BREACH OR OTHERWISE, WILL NOT EXCEED THE TOTAL OF CONTRACT, AND BREACH ALL SUMS PAID BY CUSTOMER TO NEURONETICS FOR SUCH PRODUCTS OR SERVICE THAT IS THE SUBJECT OF WARRANTYTHE CLAIM. 10.2 (ii) CUSTOMER ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTY SET FORTH IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR THIS AGREEMENT APPLY REGARDLESS OF WHETHER ANY CLAIM EXCEED (I) REMEDY FAILS OF ITS ESSENTIAL PURPOSE. CUSTOMER ACKNOWLEDGES THAT NEURONETICS HAS SET THE PURCHASE PRICE PAID FOR OF PRODUCTS AND OTHER FEES AND CHARGES IN RELIANCE ON THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE DISCLAIMERS OF WARRANTY AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE LIMITATIONS AND AGREE THAT ALL EXCLUSIONS OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF LIABILITY SET FORTH IN THIS AGREEMENT, AND THAT THE PRICES OF SERVICES SUCH DISCLAIMERS, LIMITATIONS, AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE EXCLUSIONS FORM AN ESSENTIAL BASIS OF THE LIMITATIONSBARGAIN BETWEEN THE PARTIES. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY (a) IN NO EVENT WILL PROVIDER OR RESELLER BE LIABLE UNDER OR IN CONNECTION WITH THE PURECARS TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVEENHANCED, OR CONSEQUENTIAL DAMAGES PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATIONDATA, OR REPROCUREMENT COSTSBREACH OF DATA OR SYSTEM SECURITY; OR (E) COST OF REPLACEMENT GOODS OR SERVICES, LOSS IN EACH CASE REGARDLESS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER’S OR RESELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF PURECARS TERMS UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND BREACH OF WARRANTY. 10.2 IN NO OTHERWISE EXCEED THE TOTAL AMOUNTS PAID BY RESELLER TO PROVIDER WITH RESPECT TO DEALER’S RIGHT TO ACCESS THE PURECARS SERVICES DURING THE 12 MONTH PERIOD PRECEDING THE EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out (b) Dealer acknowledges that it is solely responsible for all data security and back-up in the event of a hardware or software malfunction. Under no circumstances will Provider be responsible or held liable for the performance integrity of any Services pursuant to this Agreement may be brought by either party more than two (2) years aftersoftware or data contained on Dealer’s hardware or for Dealer’s hardware failures. Dealer will defend, indemnify, and hold harmless Provider for the loss of any data or software under any and all circumstances whatsoever.

Limitations of Liability. 10.1 EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY WILL PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECT, SPECIALINCIDENTAL, INCIDENTALPUNITIVE, EXEMPLARY, PUNITIVESPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATIONDAMAGES, OR REPROCUREMENT COSTS, FOR ANY LOSS OF PROFITPROFITS OR REVENUE, REVENUEUSE, GOODWILL, DATA, CUSTOMERSOR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR GOODWILLOTHER SECURITY BREACH, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF ADVISED OF EXCEPT TO THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, EXTENT CAUSED BY GE DIGITAL’S BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED THE ONE (I1) YEAR PERIOD PRECEDING THE PURCHASE PRICE PAID FOR THE PRODUCT EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (IIC) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSOTHER PARTY. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 (a) NEITHER PARTY WILL SHALL BE LIABLE LIABLE, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARYCONSEQUENTIAL, PUNITIVEEXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, THAT IN ANY WAY ARISE OUT OF, RELATE TO, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARE A CONSEQUENCE OF, ITS PERFORMANCE OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATIONNONPERFORMANCE HEREUNDER, OR REPROCUREMENT COSTSTHE PROVISION OF OR FAILURE TO PROVIDE ANY SERVICE HEREUNDER, LOSS EXCEPT TO THE EXTENT THAT SUCH DAMAGES ARE AWARDED TO A THIRD PERSON, WHICH AWARD SHALL BE SUBJECT TO THE LIMITATIONS IN SECTION 6.2(b) APPLICABLE TO A THIRD PERSON. (b) THE AGGREGATE LIABILITY OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN EITHER PARTY UNDER THIS AGREEMENT SHALL BE LIMITED TO (1) IF ADVISED SUCH LIABILITY IS DETERMINED AFTER THE FIRST ANNIVERSARY OF THE POSSIBILITY EFFECTIVE DATE, THE TOTAL AMOUNTS PAID OR PAYABLE TO OR BY SUCH PARTY OR ITS AFFILIATES UNDER THIS AGREEMENT WITH RESPECT TO THE RELEVANT SERVICE SCHEDULE UNDER WHICH THE INDEMNIFICATION OBLIGATION ARISES DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS OR (2) IF SUCH LIABILITY IS DETERMINED PRIOR TO THE FIRST ANNIVERSARY OF THE EFFECTIVE DATE, THE GREATER OF THE ACTUAL AMOUNT PAID OR PAYABLE TO OR BY SUCH DAMAGES. PARTY OR ITS AFFILIATES UNDER THIS AGREEMENT WITH RESPECT TO THE RELEVANT SERVICE SCHEDULE UNDER WHICH THE INDEMNIFICATION OBLIGATION ARISES THROUGH SUCH DATE OF DETERMINATION OR THE AMOUNT THAT WOULD BE PAYABLE UNDER THIS AGREEMENT WITH RESPECT TO THE RELEVANT SERVICE SCHEDULE UNDER WHICH THE INDEMNIFICATION OBLIGATION ARISES DURING THE FIRST YEAR OF THE TERM HEREOF; PROVIDED, HOWEVER, THAT TO THE EXTENT THE INDEMNIFICATION OBLIGATION ARISES FROM A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN THE PERFORMANCE OR RECEIPT OF THE SERVICES COVERED BY THE RELEVANT SERVICE SCHEDULE UNDER THIS AGREEMENT, THE AGGREGATE LIABILITY SHALL BE LIMITED TO (1) IF SUCH LIABILITY IS DETERMINED AFTER THE FIRST ANNIVERSARY OF THE EFFECTIVE DATE, THREE (3) TIMES THE TOTAL AMOUNTS PAID OR PAYABLE TO OR BY SUCH PARTY OR ITS AFFILIATES UNDER THIS AGREEMENT WITH RESPECT TO THE RELEVANT SERVICE SCHEDULE UNDER WHICH THE INDEMNIFICATION OBLIGATION ARISES DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS OR (2) IF SUCH LIABILITY IS DETERMINED PRIOR TO THE FIRST ANNIVERSARY OF THE EFFECTIVE DATE, THE GREATER OF THREE (3) TIMES THE ACTUAL AMOUNT PAID OR PAYABLE TO OR BY SUCH PARTY OR ITS AFFILIATES UNDER THIS AGREEMENT WITH RESPECT TO THE RELEVANT SERVICE SCHEDULE UNDER WHICH THE INDEMNIFICATION OBLIGATION ARISES THROUGH SUCH DATE OF DETERMINATION OR THREE (3) TIMES THE AMOUNT THAT WOULD BE PAYABLE UNDER THIS AGREEMENT WITH RESPECT TO THE RELEVANT SERVICE SCHEDULE UNDER WHICH THE INDEMNIFICATION OBLIGATION ARISES DURING THE FIRST YEAR OF THE TERM HEREOF; PROVIDED, FURTHER, HOWEVER, THAT THE FOREGOING LIMITATIONS OF ON LIABILITY SHALL NOT APPLY TO ALL CAUSES DAMAGES FINALLY AWARDED TO A THIRD PERSON BY A COURT, TRIBUNAL, ARBITRATOR OR JURY OR SUBJECT TO A SETTLEMENT APPROVED IN WRITING BY THE INDEMNIFYING PARTY THAT RESULT FROM A THIRD PERSON CLAIM FOR PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING DEATH) OR A BREACH BY THE INDEMNIFYING PARTY OR AN AFFILIATE OF ACTION ITS OBLIGATION TO MAINTAIN AS CONFIDENTIAL THE PROTECTED HEALTH INFORMATION OF SUCH THIRD PERSON, WHICH SHALL INSTEAD BE LIMITED TO (1) IF SUCH LIABILITY IS DETERMINED AFTER THE FIRST ANNIVERSARY OF THE EFFECTIVE DATE, THE TOTAL AMOUNTS PAID OR CLAIMS PAYABLE TO OR BY SUCH PARTY OR ITS AFFILIATES UNDER THIS AGREEMENT DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD OR (2) IF SUCH LIABILITY IS DETERMINED PRIOR TO THE FIRST ANNIVERSARY OF RELIEF THE EFFECTIVE DATE, THE GREATER OF THE ACTUAL AMOUNT PAID OR PAYABLE TO OR BY SUCH PARTY OR ITS AFFILIATES UNDER ANY OTHER LEGAL THIS AGREEMENT THROUGH SUCH DATE OF DETERMINATION OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH THE AMOUNT THAT WOULD BE PAYABLE UNDER THIS AGREEMENT DURING THE FIRST YEAR OF CONTRACT, AND BREACH OF WARRANTYTHE TERM HEREOF. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (Ic) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIMAVOIDANCE OF DOUBT, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL CERTAIN EVENTS AND CLAIMS (INCLUDING LOST DATA, BUSINESS INTERRUPTION AND CLAIMS OF THE LIMITATIONS CLIENTS OR CUSTOMERS) COULD RESULT IN SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES AS WELL AS DIRECT DAMAGES. IF SUCH DAMAGES ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENTDIRECT, AND THAT THE PRICES OF SERVICES AND PRODUCTS SUCH DAMAGES SHALL BE COVERED BY SECTION 6.2(b). IF SUCH DAMAGES ARE DETERMINED IN PART SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE, SUCH DAMAGES SHALL BE COVERED BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSSECTION 6.2(a). 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER EXCEPT FOR INDEMNIFICATION OBLIGATIONS HEREUNDER, CUSTOMER’S FAILURE TO PAY FEES HEREUNDER, ANY VIOLATION ARISING OUT OF SECTION 1 (SERVICE ACCESS & USE), AND/OR ANY INFRINGEMENT OR VIOLATION OF THE PRODUCT TERMS OR MAPBOX’S INTELLECTUAL PROPERTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL: (A) EITHER PARTY WILL (AND/OR MAPBOX LICENSORS/SUPPLIERS) BE LIABLE TO THE OTHER PARTY UNDER OR IN CONNECTION WITH THIS AGREEMENT (UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY SPECIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARYCONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, PUNITIVE, LOST BUSINESS OPPORTUNITIES OR CONSEQUENTIAL DAMAGES LOST DATA) OR FOR COST OF ANY KIND PROCUREMENT OF SUBSTITUTE SERVICES AND/OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTIONGOODS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR LOSSES, AND (B) EACH PARTY’S AGGREGATE, CUMULATIVE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE TOTAL FEES PAID OR PAYABLE TO MAPBOX FOR THE RELEVANT SERVICE OFFERING DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO ALL CAUSES OF ACTION OR EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE. MULTIPLE CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF EXPAND THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF SPECIFIED IN THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSSECTION. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER PARTY WILL SHALL BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES FOR ANY (A) COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS OR SERVICES, OR COST OF REPLACEMENT OR RESTORATION OF ANY CUSTOMER DATA, (B) ECONOMIC LOSSES, EXPECTED OR LOST PROFITS, REVENUE, OR ANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF CONTRACTS, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, AND/OR (C) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND LOSS OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE WHETHER ARISING OUT OF PERFORMANCE OR MALFUNCTIONBREACH OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE PALANTIR TECHNOLOGY, EVEN IF THE PARTY HAS BEEN ADVISED OF AS TO THE POSSIBILITY OF SUCH LOSS OR DAMAGES. EXCEPT FOR THE PARTIES’ OBLIGATIONS SET FORTH IN SECTIONS 5 AND 9.2 OF THIS AGREEMENT AND CUSTOMER’S PAYMENT OBLIGATIONS HEREUNDER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY AGREES THAT THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY AND ITS AFFILIATES TO THE OTHER PARTY AND ITS AFFILIATES FOR ALL CLAIMS OF ANY KIND SHALL NOT EXCEED THE GREATER OF A) THE FEES PAID OR PAYABLE TO PALANTIR BY CUSTOMER UNDER THE AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM FOR THE SERVICE OR PROFESSIONAL SERVICES THAT GAVE RISE TO SUCH CLAIM OR B) ONE HUNDRED THOUSAND DOLLARS (USD 100,000), AND THAT SUCH REMEDY IS FAIR AND ADEQUATE. NOTWITHSTANDING THE FOREGOING LIMITATIONS SENTENCE, IF NO FEES ARE PAYABLE BY CUSTOMER DURING THE TERM, EXCEPT FOR THE PARTIES’ OBLIGATIONS SET FORTH IN SECTIONS 5 AND 9.2 OF THIS AGREEMENT AND CUSTOMER’S PAYMENT OBLIGATIONS HEREUNDER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY AGREES THAT THE MAXIMUM AGGREGATE LIABILITY APPLY OF EITHER PARTY AND ITS AFFILIATES TO THE OTHER PARTY AND ITS AFFILIATES FOR ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY KIND SHALL NOT EXCEED FIFTY THOUSAND DOLLARS (USD 50,000), AND THAT SUCH REMEDY IS FAIR AND ADEQUATE. THE LIMITATIONS SET FORTH IN THIS SECTION 12 SHALL APPLY REGARDLESS OF WHETHER AN ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER UNDER NO CIRCUMSTANCES SHALL EITHER PARTY WILL BE LIABLE WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATIONFOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR REPROCUREMENT COSTS, ANY LOSS OF PROFIT, REVENUE, DATA, CUSTOMERSPROFITS OR REVENUES, OR GOODWILLANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR SELLER’S PERFORMANCE UNDER, OR CLIENT TECHNOLOGY DAMAGEBREACH OF, FAILURE OR MALFUNCTIONTHIS AGREEMENT, EVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE FOREGOING LIMITATIONS BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORYWHATSOEVER, INCLUDING TORT, INDEMNIFICATION, BREACH OF WHETHER IN CONTRACT, AND BREACH TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF WARRANTY. 10.2 OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLIENTTHE SELLER’S RECOVERY FROM WINMILL FOR ANY CLAIM LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED (I) THE PURCHASE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT GIVING RISE TO PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE CLAIM, OR (II) THE AMOUNTS PAID EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT TERMS OF THIS AGREEMENT, AND THAT . NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE PRICES LIABILITY OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSEITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL ▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, INTERRUPTION OF BUSINESS, LOST PROFITS, COSTS OF DELAY, REPUTATIONAL HARM, OR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARYCOVER, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATUREKIND, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTIONHOWEVER CAUSED, EVEN IF ADVISED INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENTWILL ▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇’S RECOVERY FROM WINMILL FOR ANY CLAIM OR ITS SUPPLIERS’ TOTAL LIABILITY EXCEED (I) IN AGGREGATE THE PURCHASE PRICE AMOUNT ACTUALLY PAID OR PAYABLE BY CUSTOMER TO ▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ FOR THE PRODUCT GIVING RISE TO APPLICABLE ▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ SERVICE OR RELATED SERVICES IN THE CLAIM, OR TWELVE (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (612) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND FOR FREE ACCESS SUBSCRIPTIONS OR BETA RELEASES PROVIDED WITHOUT CHARGE, ▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇’S TOTAL LIABILITY SHALL NOT PER INCIDENTEXCEED IN AGGREGATE FIFTY POUNDS STERLING (£50 GBP). NOTWITHSTANDING THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL FOREGOING, NONE OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT IN THIS SECTION 14 EXCLUDES EITHER PARTY’S LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY TO THE EXTENT CAUSED BY A PARTY’S NEGLIGENCE. IN ADDITION, THE LAWS IN SOME JURISDICTIONS MAY NOT ALLOW SOME OF THE LIMITATIONS OF LIABILITY IN THIS SECTION. IF ANY OF THESE LAWS IS FOUND TO APPLY TO THIS AGREEMENT, THIS SECTION 14 SHALL APPLY TO THE MAXIMUM EXTENT NOT PROHIBITED BY SUCH LAW. EACH PARTY ACKNOWLEDGES AND AGREES THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE THIS SECTION 14 IS A FUNDAMENTAL BASIS OF THE LIMITATIONSBARGAIN AND A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES AND WILL SURVIVE AND APPLY TO ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ▇▇▇▇▇▇▇▇▇▇▇▇. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two ▇▇▇ TECHNOLOGY OR ANY RELATED SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (2) years afterCONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF ANY LIMITED REMEDY IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Limitations of Liability. 10.1 NEITHER NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, EXCEPT TO THE EXTENT PROHIBITED BY LAW: (A) VERIFONE SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY WILL BE LIABLE FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR (II) LOSS OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTSUSE, LOSS OF PROFITBUSINESS, LOSS OF PROFITS, REVENUE, DATAGOODWILL OR SAVINGS, CUSTOMERSDOWNTIME, OR GOODWILLDAMAGE TO, LOSS OF OR REPLACEMENT OF DATA OR TRANSACTIONS, CHARGE-BACKS, EQUIPMENT PURCHASED OR ACQUIRED BY YOU OR YOUR SUBCONTRACTORS OR AGENTS IN ORDER TO EFFECTUATE THESE TERMS AND CONDITIONS, OR CLIENT TECHNOLOGY DAMAGECOST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, FAILURE REGARDLESS OF WHETHER SUCH LOSSES ARE DIRECT LOSSES OR MALFUNCTIONINDIRECT LOSSES, IN EACH CASE (I) AND (II) RELATING IN ANY MANNER TO THESE TERMS AND CONDITIONS OR ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER AND WHETHER ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT OR OTHERWISE, EVEN IF VERIFONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLAIM OR DAMAGE; (B) IN ANY CASE, VERIFONE’S ENTIRE LIABILITY RELATING IN ANY MANNER TO THESE TERMS AND CONDITIONS AND ANY PRODUCTS AND SERVICES PROVIDED HEREUNDER, REGARDLESS OF THE FOREGOING LIMITATIONS FORM OR NATURE OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) SHALL BE LIMITED TO YOUR DIRECT AND DOCUMENTED DAMAGES, AND WHICH LIABILITY WILL BE LIMITED IN THE AMOUNTS AGGREGATE TO THE FEES ACTUALLY PAID BY YOU FOR THE PRODUCT MAINTENANCE OR PRODUCS AND SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING PRIOR TO THE CLAIM. THIS LIMITATION IS CUMULATIVE AND CLAIM ARISING (WHICH SHALL NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART INCLUDE ANY FEES PAID BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years afterYOU WITH RESPECT TO ANY THIRD-PARTY SERVICES); AND

Limitations of Liability. 10.1 9.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL SHALL BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, INDEMNIFICATION, STRICT LIABILITY IN TORT OR WARRANTY OF ANY KIND) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, MULTIPLE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO COSTS OF ANY KIND OR NATURECOVER, INCLUDINGLOST PROFITS, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTSLOST DATA, LOSS OF PROFITBUSINESS, LOSS OF GOODWILL, LOSS OF PROFITS DUE TO PRODUCTS (INCLUDING INSTRUMENTS) DOWN TIME OR LOSS OF REVENUE, DATA, CUSTOMERS) THAT THE OTHER PARTY MIGHT INCUR UNDER THE AGREEMENT, OR GOODWILL, THAT MAY ARISE FROM OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, IN CONNECTION WITH THE PRODUCTS EVEN IF ADVISED SUCH PARTY HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING TOTAL CUMULATIVE LIABILITY OF TELESIS BIO IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ANY PRODUCTS SOLD AND/OR ANY SERVICES RENDERED HEREUNDER, THE LIABILITY OF TELESIS BIO UNDER ITS INDEMNIFICATION OBLIGATIONS, OR A BREACH BY TELESIS BIO HEREOF OR FAILURE TO PERFORM IN CONTRACT, TORT, WARRANTY, OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF FEES CUSTOMER ACTUALLY PAID TO TELESIS BIO FOR THE SPECIFIC PRODUCT OR SERVICE THAT GAVE RISE TO THE APPLICABLE CLAIM(S). THE CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES REFLECT THE ALLOCATION OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF RISK SET FORTH IN THIS AGREEMENT AND THAT TELESIS BIO WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. DELIVERY DATES AND TIMES ARE ESTIMATES ONLY AND TELESIS BIO WILL NOT BE LIABLE (IN CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL DELICT, TORT OR OTHERWISE) FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIMLOSSES, EXPENSES, CLAIMS OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART DAMAGES CAUSED BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSA LATE DELIVERY. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY WILL 6.1 EXCEPT FOR AMOUNTS PAYABLE BY CUSTOMER PURSUANT TO THE AGREEMENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL TELEHOUSE BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARYCONSEQUENTIAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL EXEMPLARY DAMAGES OF UNDER ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, LEGAL THEORY (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM PERFORMANCE UNDER OR FAILURE OF PERFORMANCE OF ANY PROVISION OF THE AGREEMENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT FOR AMOUNTS PAYABLE BY CUSTOMER PURSUANT TO THE FOREGOING LIMITATIONS OF LIABILITY APPLY AGREEMENT, TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORYTHE EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL TELEHOUSE BE LIABLE FOR DAMAGES IN EXCESS OF THE VALUE RECEIVED BY THE OTHER PARTY UNDER THE AGREEMENT. ALL CLAIMS BEYOND THOSE ALLOWED IN THESE NYIIX MASTER SERVICES AGREEMENT OF GENERAL TERMS AND CONDITIONS FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE LOSS OR DAMAGE FROM WHATEVER CAUSE ARISING, INCLUDING DAMAGE TO THE CLAIMOTHER PARTY’S PROPERTY, SHALL BE EXCLUDED AND HEREBY WAIVED BY THE OTHER PARTY UNLESS SUCH CLAIM IS MADE BASED ON PROVEN INTENTIONAL BAD ACTS OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE GROSS NEGLIGENCE BY TELEHOUSE; IN SUCH CASE, DAMAGES SHALL BE LIMITED TO THE CLAIM THOSE THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL ARE REASONABLY FORESEEABLE AS A RESULT OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART INTENTIONAL BAD ACTS OR GROSS NEGLIGENCY BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSTELEHOUSE. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER ▇▇▇▇▇▇▇’▇ CUMULATIVE LIABILITY TO CUSTOMER FOR ALL CLAIMS IN ANY WAY ARISING OUT OF OR RELATING TO THE ORDER, ANY SOW, THIS AGREEMENT, AND THE PRODUCTS OR SERVICES, REGARDLESS OF THE FORM OR THEORY OF ACTION (INCLUDING BREACH OF CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY), SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID TO TRIMBLE BY CUSTOMER FOR THE RELEVANT PRODUCT OR SERVICES IN THE PRIOR 12 MONTHS UNDER THIS AGREEMENT. IN NO EVENT WILL TRIMBLE OR ITS SUPPLIERS OR THIRD-PARTY WILL BE LIABLE VENDORS HAVE ANY OBLIGATION OR LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTSAGGRAVATED DAMAGES, LOSS OF PROFITGOODWILL, REVENUE, LOSS OF DATA, CUSTOMERSOR ANTICIPATED PROFITS ARISING FROM OR RELATING TO THIS AGREEMENT, CUSTOMER’S USE OF OR THE PERFORMANCE OF THE PRODUCTS OR FROM THE SERVICES, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTIONFOR ANY OTHER REASON, EVEN IF TRIMBLE OR ITS SUPPLIERS OR THIRD-PARTY VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPOTENTIAL LOSS OR DAMAGE. CUSTOMER ACKNOWLEDGES THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT TRIMBLE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. THE FOREGOING LIMITATIONS LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL REGARDLESS OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT SUCCESS OR EFFECTIVENESS OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSOTHER REMEDIES. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY WILL PARTY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS, SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTALCONSEQUENTIAL, EXEMPLARYPUNITIVE OR EXEMPLARY DAMAGES OR LIABILITY (INCLUDING REASONABLE ATTORNEYS’ FEES) THAT RESULT FROM OR ARE RELATED TO THE AGREEMENT OR ANY OF THE JAGGAER APPLICATIONS, PUNITIVE, WHETHER IN CONTRACT OR CONSEQUENTIAL DAMAGES TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTIONLIABILITY, EVEN IF ADVISED THE OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITY. IN ANY EVENT, EXCEPT FOR AMOUNTS OWED TO JAGGAER BY CLIENT AS SET FORTH IN AN ORDER FORM, THE AGREEMENT OR ANOTHER DOCUMENT, TO THE EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY RELATED TO OR ARISING OUT OF THE AGREEMENT OR ANY OF THE JAGGAER APPLICATIONS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED THE AMOUNTS RECEIVED BY JAGGAER FROM CLIENT IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY UNDER THIS SECTION SHALL NOT APPLY TO ALL CAUSES ANY OBLIGATIONS AND LIABILITIES ARISING FROM VIOLATIONS BY EITHER PARTY HEREUNDER OF ACTION SECTIONS 3 OR CLAIMS 8 OF RELIEF THE AGREEMENT, OR ANY INDEMNIFICATION PROVIDED BY JAGGAER UNDER SECTION 7 OF THE AGREEMENT. THE LIMITATIONS ON JAGGAER'S LIABILITY CONTAINED IN THIS MSA ARE MADE TO THE FULL EXTENT PERMITTED BY LAW. NOTHING IN THIS MSA RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW OR ANY OTHER LEGAL RIGHTS OR EQUITABLE THEORYREMEDIES WHICH CANNOT BE EXCLUDED, INCLUDING TORTRESTRICTED OR MODIFIED. SUBJECT TO THOSE LAWS, INDEMNIFICATIONTO THE EXTENT TO WHICH JAGGAER IS ENTITLED TO DO SO, BREACH ITS LIABILITY UNDER SUCH IMPLIED CONDITIONS OR WARRANTIES OR OTHER RIGHTS OR REMEDIES, SHALL BE LIMITED AT ITS OPTION TO: (i) IN THE CASE OF CONTRACTGOODS, AND BREACH ANY ONE OR MORE OF WARRANTY.THE FOLLOWING: 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (IA) THE PURCHASE PRICE PAID FOR REPLACEMENT OR REPAIR OF THE PRODUCT GIVING RISE TO GOODS OR THE CLAIM, OR SUPPLY OF EQUIVALENT GOODS; OR (IIB) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL PAYMENT OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT COST OF THIS AGREEMENTREPLACING OR REPAIRING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR (ii) IN THE CASE OF SERVICES, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE ANY ONE OR MORE OF THE LIMITATIONSFOLLOWING: (A) THE SUPPLYING OF THE SERVICES AGAIN; OR (B) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY WILL TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKETING 360 SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVEOR PUNITIVE DAMAGES, LOST PROFITS OR CONSEQUENTIAL DAMAGES REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY KIND BREACH OF THESE TERMS, WHETHER OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF ADVISED OF NOT THE POSSIBILITY OF SUCH DAMAGES. DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORYTHEORY (CONTRACT, INCLUDING TORTTORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, INDEMNIFICATIONAND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT FOR YOUR LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE INDEMNIFICATION SECTION AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, AND BREACH TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF WARRANTY. 10.2 THE AMOUNTS YOU PAID TO MARKETING 360 FOR THE SERVICES SOLD HEREUNDER. WITHOUT LIMITING THE FOREGOING, MARKETING 360 IS NOT RESPONSIBLE FOR ANY DAMAGES DUE TO CONTENT, OMISSIONS OR ERRONEOUS DATA APPEARING IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE WEBSITE, BLOGS OR ON SOCIAL MEDIA.WE FURTHER DISCLAIM ALL LIABILITY WITH RESPECT TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THIRD-PARTY PRODUCTS THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSYOU USE. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF TREND MICRO FOR ANY AND ALL CLAIMS OR DAMAGES (A) RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR (B) FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT, TO YOU, SUBSCRIBERS AND/OR RELYING PARTIES UNDER ANY CAUSE OF ACTION, OR ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY OR IN ANY OTHER WAY, EXCEED THE AMOUNT PAID TO TREND MICRO FOR THE SERVICES UNDER THIS AGREEMENT BY YOU AND/OR SUBSCRIBER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM (EXCEPT THAT FOR CLAIMS FROM SUBSCRIBERS AND RELYING PARTIES ARISING FROM OR RELATED TO EXTENDED VALIDATION (EV) CERTIFICATES, THE MAXIMUM SHALL BE TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY WILL PER EV CERTIFICATE). NOTWITSTANDING THE FOREGOING, TREND MICRO SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY OR IN ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, OTHER WAY (EVEN IF TREND MICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR: (I) ANY ECONOMIC LOSS (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS); (II) TO THE EXTENT ALLOWED BY APPLICABLE LAW, ANY LOSS OR DAMAGE RESULTING FROM DEATH OR INJURY OF SUBSCRIBER AND/OR ANY RELYING PARTY OR ANYONE ELSE; (III) ANY LOSS OF GOODWILL OR REPUTATION; OR (IV) ANY OTHER INDIRECT, CONSEQUENTIAL, INCIDENTAL, MULTIPLE, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES IN ANY CASE WHETHER OR NOT SUCH LOSSES OR DAMAGES WERE WITHIN THE CONTEMPLATION OF THE PARTIES AT THE TIME OF THE APPLICATION FOR, INSTALLATION OF, USE OF OR RELIANCE ON THE CERTIFICATE, OR AROSE OUT OF ANY OTHER MATTER OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY SUPPORT SERVICES) UNDER ITS CPS OR WITH REGARD TO THE USE OF OR RELIANCE ON THE CERTIFICATE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO A SUBSCRIBER AND/OR A RELYING PARTY BUT SHALL BE GIVEN EFFECT TO THE FULL EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO ALL CAUSES ON A CERTIFICATE-BY-CERTIFICATE BASIS, REGARDLESS OF ACTION THE NUMBER OF TRANSACTIONS OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACTRELATED TO EACH CERTIFICATE, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE BE APPORTIONED FIRST TO THE CLAIMEARLIER CLAIMS TO ACHIEVE FINAL RESOLUTION. In no event will Trend Micro be liable for any damages to Subscribers, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action Relying Parties or any other party arising out of or related to the performance use or misuse of, or reliance on any Certificate issued under this Agreement or the CPS that: (i) has expired or been revoked; (ii) has been used for any purpose other than as set forth in this Agreement or the CPS (See CPS Section 1.3. for more detail); (iii) has been tampered with; (iv) with respect to which the Key Pair underlying such Certificate or the cryptography algorithm used to generate such Certificate's Key Pair, has been compromised by the action of any Services pursuant party other than Trend Micro (including without limitation the Subscriber or Relying Party); or (v) is the subject of misrepresentations or other misleading acts or omissions of any other party, including but not limited to this Agreement may Subscribers and Relying Parties. In no event shall Trend Micro be brought by either liable to the Subscriber, Relying Party or other party more than two (2) years afterfor damages arising out of any claim that a Certificate infringes any patent, trademark, copyright, trade secret or other intellectual property right of any party.

Limitations of Liability. 10.1 14.1 WITH RESPECT TO EACH TYPE OF BULK PRODUCT PACKAGED UNDER THIS AGREEMENT, PCI’S LIABILITY TO CLIENT UNDER THIS AGREEMENT WITH RESPECT TO ANY 12-MONTH PERIOD SHALL IN NO EVENT EXCEED THE NET FEES (EXCLUDING PASS THROUGH COSTS) PAID BY CLIENT OR PAYABLE BY CLIENT TO PCI UNDER THIS AGREEMENT DURING SUCH 12 MONTH PERIOD. FOR CLARITY, AS AN EXAMPLE BASED UPON INITIAL PACKAGING REQUIREMENTS, THE PRECEDING SENTENCE WOULD BE CALCULATED BASED UPON THE NET FEES (EXCLUDING PASS THROUGH COSTS) PAID BY CLIENT OR PAYABLE BY CLIENT TO PCI UNDER THIS AGREEMENT DURING SUCH 12 MONTH PERIOD FOR ALL PACKAGING OF VALBENAZINE DITOSYLATE 40MG & 80MG CAPSULES. EXCEPT IN THE CASE OF PCI’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO 12 MONTH PERIOD SHALL PCI’S LIABILITY UNDER THIS AGREEMENT EXCEED $[…***…]. 14.2 NEITHER PARTY WILL SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFITREVENUES, REVENUEPROFITS OR DATA ARISING OUT OF PERFORMANCE UNDER THIS AGREEMENT, DATA, CUSTOMERS, WHETHER IN CONTRACT OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTIONIN TORT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECTTHIS SECTION APPLIES TO LIABILITY UNDER CONTRACT (INCLUDING BREACH OF WARRANTY), SPECIALTORT (INCLUDING NEGLIGENCE AND/OR STRICT LIABILITY), INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER AND ANY OTHER LEGAL OR EQUITABLE THEORYFORM OF CLAIM. IF YOU INITIATE ANY CLAIM, INCLUDING TORTACTION, INDEMNIFICATIONSUIT, BREACH OF CONTRACTARBITRATION, AND BREACH OF WARRANTY. 10.2 IN NO EVENT OR OTHER PROCEEDING UNDER THIS AGREEMENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THAWTE SHALL CLIENT’S RECOVERY FROM WINMILL NOT BE LIABLE FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIMANY LOSS OF PROFIT, BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS, OR (II) ANY INDIRECT OR CONSEQUENTIAL LOSS. THAWTE'S TOTAL LIABILITY FOR DAMAGES SUSTAINED BY YOU AND ANY THIRD PARTY FOR ANY USE OR RELIANCE ON A CERTIFICATE SHALL BE LIMITED, IN THE AMOUNTS AGGREGATE, TO THE LARGER OF: USD$2,000 OR TWO TIMES THE AMOUNT PAID FOR THE PRODUCT MAINTENANCE CERTIFICATE. THE LIABILITY LIMITATIONS PROVIDED IN THIS SECTION SHALL BE THE SAME REGARDLESS OF THE NUMBER OF DIGITAL SIGNATURES, TRANSACTIONS, OR SERVICES GIVING RISE CLAIMS RELATED TO SUCH CERTIFICATE. NOTWITHSTANDING THE FOREGOING, THAWTE’S LIABIILTY SHALL NOT BE LIMITED UNDER THIS SECTION IN CASES OF PERSONAL INJURY OR DEATH ARISING FROM THAWTE’S NEGLIGENCE OR TO ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED BY APPLICABLE LAW (INCLUDING MANDATORY LAWS OF ANY APPLICABLE JURISDICTION). TO THE CLAIM THAT WERE PROVIDED DURING EXTENT JURISDICTIONS DO NOT ALLOW THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL EXCLUSION OF CERTAIN LIABILITY LIMITATIONS, SOME OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY WILL 18.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE PROVIDED IN SECTION 18.2: (a) IN NO EVENT SHALL EITHER PARTY, ITS AFFILIATES OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIALPUNITIVE, INCIDENTAL, EXEMPLARYSPECIAL, PUNITIVECONSEQUENTIAL OR EXEMPLARY DAMAGES, OR CONSEQUENTIAL INCLUDING WITHOUT LIMITATION DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, FOR BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFITPROFITS, REVENUE, DATA, CUSTOMERS, OR GOODWILL, USE, DATA OR CLIENT TECHNOLOGY DAMAGEOTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THIS AGREEMENT; AND (b) IN NO EVENT SHALL EITHER PARTY’S CUMULATIVE AND AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE FEES PAID TO DATADOG BY A CUSTOMER ENTITY UNDER THE APPLICABLE ORDER(S), FAILURE INCLUDING PRIOR ORDERS FOR THE SAME SERVICE, IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR MALFUNCTIONANY OTHER BASIS, EVEN IF THE NON-BREACHING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTYDAMAGE. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM18.2. The exclusions and limitations in Section 18.1 shall not apply to a Party’s indemnification obligations under Section 17, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action Losses arising out of the performance of any Services pursuant a Party’s failure to comply with its confidentiality obligations under Section 11, or your payment obligations to Datadog under this Agreement may be brought by either party more than two (2) years afterAgreement.

Limitations of Liability. 10.1 NEITHER EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATUREPUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, PROFITS OR GOODWILL, FOR ANY MATTER ARISING OUT OF OR CLIENT TECHNOLOGY DAMAGERELATING TO THIS AGREEMENT, FAILURE ITS SUBJECT MATTER OR MALFUNCTIONPERFORMANCE HEREUNDER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY’S TOTAL LIABILITY FOR ANY CAUSE OF ACTION, CLAIM, DAMAGES, FEES, COSTS OR EXPENSES SHALL BE LIMITED TO THE FOREGOING AMOUNT PAID BY COMPANY TO COVEWARE FOR THE COVEWARE SERVICES PROVIDED BY COVEWARE UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AT ISSUE ACCRUED. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION APPLY TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE. EACH PARTY ACKNOWLEDGES AND AGREES THAT THIS SECTION REPRESENTS A REASONABLE ALLOCATION OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORYRISK AND THAT, INCLUDING TORTIN THE ABSENCE OF THESE LIMITATIONS OF LIABILITY, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT TERMS OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSAGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EFILECABINET OR ANY OF ITS LICENSORS OR SERVICE PROVIDERS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTALOR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, EXEMPLARY, PUNITIVE, DAMAGE OR CONSEQUENTIAL DAMAGES LOSS OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATIONUSE OF DATA, BUSINESS INTERRUPTIONINTERRUPTIONS, REMOVALAND LOST BUSINESS OPPORTUNITY), REINSTALLATION, OR REPROCUREMENT COSTS, LOSS REGARDLESS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL THE FOREGOING LIMITATIONS COLLECTIVE AGGREGATE LIABILITY OF LIABILITY APPLY TO ALL CAUSES OF ACTION EFILECABINET AND ITS LICENSORS AND SERVICE PROVIDERS UNDER OR CLAIMS OF RELIEF IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED TORT (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIMINCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE (II) REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE AMOUNTS POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE), EXCEED THE TOTAL FEES PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE BY CUSTOMER TO THE CLAIM THAT WERE PROVIDED EFILECABINET UNDER THIS AGREEMENT DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENTPRECEEDING 12 MONTH PERIOD. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF THE LIMITATIONS ARE AN ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSPURPOSE. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECTSCANTRON’S ENTIRE LIABILITY, SPECIALWHETHER IN CONTRACT, INCIDENTALTORT (INCLUDING NEGLIGENCE), EXEMPLARYPRODUCT LIABILITY, PUNITIVESTRICT LIABILITY, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORTFOR ANY CLAIM ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY PRODUCTS, INDEMNIFICATIONSERVICES, BREACH OF CONTRACTDELIVERABLES OR OTHER ITEMS FURNISHED OR TO BE FURNISHED UNDER THIS AGREEMENT, AND BREACH OF WARRANTY. 10.2 WILL IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE FEES PAID TO SCANTRON BY CUSTOMER FOR THE PRODUCT APPLICABLE ITEM WHICH IS THE BASIS FOR THE CLAIM DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIMCAUSE OF ACTION, OR (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NO ACTION RELATED TO THIS AGREEMENT MAY BE BROUGHT MORE THAN 2 YEARS AFTER THE AMOUNTS PAID FOR OCCURRENCE OF THE PRODUCT MAINTENANCE OR SERVICES EVENT GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING CAUSE OF ACTION. IN NO EVENT WILL SCANTRON BE LIABLE TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR LOST DATA, LOST PROFITS, INTEREST OR COST OF MONEY; OR FOR COVER; OR FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF SCANTRON’S PERFORMANCE OR NONPERFORMANCE OR THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL USE OF, INABILITY TO USE OR RESULTS OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT USE OF THIS AGREEMENTANY PRODUCTS, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSSERVICES, DELIVERABLES, OR OTHER ITEMS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY WILL GE, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIALINCIDENTAL, INCIDENTALPUNITIVE, EXEMPLARY, PUNITIVESPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATIONDAMAGES, OR REPROCUREMENT COSTS, FOR ANY LOSS OF PROFITPROFITS OR REVENUE, REVENUEUSE, GOODWILL, DATA, CUSTOMERSOR COSTS OF SUBSTITUTE GOODS OR SERVICES, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF ADVISED REGARDLESS OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS THEORY OF LIABILITY APPLY (INCLUDING NEGLIGENCE). CUSTOMER IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF CUSTOMER EQUIPMENT. EXCEPT TO ALL CAUSES OF ACTION THE EXTENT DIRECTLY CAUSED BY GE’S NON- COMPLIANCE WITH THE APPLICABLE GE DATA PROTECTION PLANS, GE SHALL HAVE NO LIABILITY ARISING FROM CYBERATTACKS OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORYUNAUTHORIZED INTRUSIONS. GE, INCLUDING TORTITS AFFILIATES AND LICENSORS, INDEMNIFICATIONSHALL NOT BE LIABLE FOR CLAIMS ARISING OUT OF THIS AGREEMENT IN A CUMULATIVE AMOUNT EXCEEDING CUSTOMER’S ACTUAL DIRECT DAMAGES, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) UP TO THE PURCHASE PRICE AMOUNTS PAID BY CUSTOMER FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIMLIABILITY, OR (II) AND, IN THE CASE OF HOSTED SERVICES, UP TO THE AMOUNTS PAID FOR BY CUSTOMER IN THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX ONE (61) MONTHS YEAR PERIOD PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY EXCEPT FOR INDEMNIFICATION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, UILA'S AND ITS LICENSORS' AGGREGATE LIABILITY UNDER THIS AGREEMENT, WHETHER FOR BREACH OR IN TORT, IS LIMITED: (1) FOR MONTHLY CUSTOMERS, TO THE FEES PAID UNDER THIS AGREEMENT FOR THE TWO MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY; (2) FOR ANNUAL CUSTOMERS, TO THE FEES PAID UNDER THIS AGREEMENT FOR THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY AND (3) FOR PERPETUAL CUSTOMERS, TO AN AMOUNT EQUAL TO THE PERPETUAL LICENSE FEE. THE FOREGOING LIMITATION IS THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT. EXCEPT AS TO THE INDEMNIFICATION ARISING FROM THE DATA WARRANTIES AND COVENANTS, IN NO EVENT WILL UILA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF ANY KIND THIS AGREEMENT (INCLUDING DAMAGES ARISING FROM LOSS OR NATUREDELAYED USE OF EMAIL, INCLUDINGWEB TRAFFIC OR DATA; LOST PROFITS, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, SAVINGS OR REPROCUREMENT COSTS, REVENUE; DAMAGE TO EQUIPMENT; FALSE POSITIVES OR FALSE NEGATIVES; LOSS OF PROFIT, REVENUE, OR DAMAGE TO RECORDS OR DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR ; RE-PROCUREMENT COSTS; AND THIRD PARTY CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years afterAGAINST

Limitations of Liability. 10.1 NEITHER PARTY NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, APPEN WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO CUSTOMER FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, INCIDENTALOR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, EXEMPLARY, PUNITIVEINCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS, OR CONSEQUENTIAL DAMAGES PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS THE THEORY OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTIONLIABILITY, EVEN IF ADVISED APPEN IS APPRISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGESDAMAGES OCCURRING. UNDER NO CIRCUMSTANCES WILL APPEN’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE FOREGOING LIMITATIONS OF LIABILITY APPLY TOTAL AMOUNT PAID BY CUSTOMER TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF APPEN UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED APPLICABLE ORDER FORM DURING THE SIX (6) TWELVE MONTHS IMMEDIATELY PRECEDING THE CLAIM. THIS LIMITATION ALLOCATION IS CUMULATIVE REFLECTED IN THE PRICING OFFERED BY APPEN TO CUSTOMER AND NOT PER INCIDENTIS AN ESSENTIAL COMPONENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES ACKNOWLEDGE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND AGREE THAT ALL REGARDLESS OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT THEORY OF THIS AGREEMENTLIABILITY, BUT WILL NOT LIMIT CUSTOMER'S AND THAT ITS AFFILIATES’ PAYMENT OBLIGATIONS UNDER THE PRICES “FEES AND PAYMENT” SECTION ABOVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SERVICES AND PRODUCTS ARE DETERMINED LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; THUS, THE ABOVE LIMITATION MAY NOT APPLY IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSSUCH STATES. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF ADVISED OF 16.1 THE POSSIBILITY OF SUCH DAMAGESMOST THAT GEOTRUST MUST PAY YOU UNDER THE GEOSURE PROTECTION PLAN IS THE AMOUNT DETERMINED UNDER THE PLAN. THE FOREGOING LIMITATIONS OF LIABILITY ON DAMAGES AND PAYMENTS IN THIS SECTION 16.1 DO NOT APPLY TO ALL CAUSES REFUND PAYMENTS. 16.2 THIS SECTION 16.2 APPLIES TO LIABILITY UNDER CONTRACT (INCLUDING BREACH OF ACTION WARRANTY), TORT (INCLUDING NEGLIGENCE AND/OR CLAIMS OF RELIEF UNDER STRICT LIABILITY), AND ANY OTHER LEGAL OR EQUITABLE THEORYFORM OF CLAIM. IF YOU INITIATE ANY CLAIM, INCLUDING TORTACTION, INDEMNIFICATIONSUIT, BREACH OF CONTRACTARBITRATION, AND BREACH OF WARRANTY.OR OTHER PROCEEDING SEPARATE FROM A REQUEST FOR PAYMENT UNDER THE GEOSURE PROTECTION PLAN RELATING TO SERVICES PROVIDED UNDER THIS AGREEMENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, GEOTRUST SHALL NOT BE LIABLE FOR 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIMANY LOSS OF PROFIT, BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS, OR (II) ANY INDIRECT OR CONSEQUENTIAL LOSS. GEOTRUST'S TOTAL LIABILITY FOR DAMAGES SUSTAINED BY YOU AND ANY THIRD PARTY FOR ANY USE OR RELIANCE ON A CERTIFICATE SHALL BE LIMITED, IN THE AMOUNTS PAID FOR AGGREGATE, TO ONE HUNDRED THOUSAND U.S. DOLLARS (US$100,000) OR THE PRODUCT MAINTENANCE EQUIVALENT IN LOCAL CURRENCY. THE LIABILITY LIMITATIONS PROVIDED IN THIS SECTION 16.2 SHALL BE THE SAME REGARDLESS OF THE NUMBER OF DIGITAL SIGNATURES, TRANSACTIONS, OR SERVICES GIVING RISE CLAIMS RELATED TO SUCH CERTIFICATE. THIS SECTION 16.2 DOES NOT LIMIT REFUND PAYMENTS OR PAYMENTS UNDER THE GEOSURE PROTECTION PLAN. NOTWITHSTANDING THE FOREGOING, GEOTRUST’S LIABILITY SHALL NOT BE LIMITED UNDER THIS SECTION 16 IN CASES OF PERSONAL INJURY OR DEATH ARISING FROM GEOTRUST’S NEGLIGENCE OR TO ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED BY APPLICABLE LAW (INCLUDING MANDATORY LAWS OF ANY APPLICABLE JURISDICTION). TO THE CLAIM THAT WERE PROVIDED DURING EXTENT JURISDICTIONS DO NOT ALLOW THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL EXCLUSION OF CERTAIN LIABILITY LIMITATIONS, SOME OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY WILL BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF rf IDEAS AND ITS SUPPLIERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, ALL DAMAGES RELATING TO OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATUREARISING FROM THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTIONCONTRACT DAMAGES AND DAMAGES FOR INJURIES TO PERSONS OR PROPERTY, REMOVALWHETHER ARISING FROM rf IDEAS’ BREACH OF THIS AGREEMENT, REINSTALLATIONBREACH OF WARRANTY, NEGLIGENCE (WHETHER ACTIVE, AFFIRMATIVE, OR REPROCUREMENT COSTSGROSS), STRICT LIABILITY, OR OTHER TORT WITH RESPECT TO THE PRODUCTS, OR ANY SERVICE PROVIDED IN CONNECTION WITH THE PRODUCTS OR OTHERWISE, SHALL IN NO EVENT EXCEED THE AMOUNT RF IDEAS RECEIVED FROM YOU FOR THE PARTICULAR PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY. RF IDEAS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE OR LOSS RESULTING FROM THE OPERATION OR PERFORMANCE OF ANY THIRD PARTY PRODUCT OR ANY SYSTEMS IN WHICH AN RF IDEAS PRODUCT IS INCORPORATED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RF IDEAS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITBUSINESS, REVENUE, DATAPROFITS, CUSTOMERS, OR GOODWILL, USE, DATA OR CLIENT TECHNOLOGY DAMAGEOTHER ECONOMIC ADVANTAGE, FAILURE OR MALFUNCTIONAND ANY NON-ECONOMIC LOSSES, REGARDLESS OF THE LEGAL THEORY ON WHICH ANY SUCH DAMAGES MAY BE BASED AND EVEN IF A PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out The limitations shall apply notwithstanding the failure of the performance essential purpose of any Services pursuant to this Agreement may be brought by either party more than two (2) years afterlimited remedy specified herein.

Limitations of Liability. 10.1 TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECTLOST PROFITS, GOODWILL, OR REVENUES OR FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTALINDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATIONCOVER, BUSINESS INTERRUPTION, REMOVALOR PUNITIVE DAMAGES IN CONNECTION WITH ANY CLAIM OF ANY NATURE, REINSTALLATIONWHETHER IN CONTRACT, TORT, OR REPROCUREMENT COSTSUNDER ANY THEORY OF LIABILITY, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTIONARISING UNDER THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY A PARTY HAS BEEN GIVEN ADVANCE NOTICE OF SUCH DAMAGESPOSSIBLE DAMAGES OR IF A PARTY’S REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. TO THE FOREGOING LIMITATIONS OF EXTENT PERMITTED BY LAW, EACH PARTY’S ENTIRE LIABILITY APPLY UNDER THIS AGREEMENT WILL NOT EXCEED THE FEES PAID BY CUSTOMER TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF DISPATCH UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID THIS AGREEMENT FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED LIABILITY DURING THE SIX TWELVE (612) MONTHS PRECEDING PRIOR TO THE CLAIMDATE ON WHICH THE LIABILITY AROSE. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. THE LIMITATIONSFOREGOING EXCLUSIONS AND LIABILITY LIMITS IN THIS SECTION 11 SHALL NOT APPLY TO DAMAGES OR LIABILITY RESULTING FROM CLAIMS OR OBLIGATIONS ARISING UNDER SECTIONS 2.2 (RESTRICTIONS) OR 10 (INDEMNIFICATION), INFRINGEMENT OR MISAPPROPRIATION BY A PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, OR CUSTOMER’S OBLIGATION TO PAY FOR SERVICES OR TAXES UNDER THIS AGREEMENT. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER EXCEPT FOR INDEMNIFICATION OBLIGATIONS HEREUNDER, CUSTOMER’S FAILURE TO PAY FEES HEREUNDER, ANY VIOLATION ARISING OUT OF SECTION 1 (SERVICE ACCESS & USE), AND/OR ANY INFRINGEMENT OR VIOLATION OF THE PRODUCT TERMS OR MAPBOX’S INTELLECTUAL PROPERTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL: (A) EITHER PARTY WILL (AND/OR MAPBOX LICENSORS/SUPPLIERS) BE LIABLE TO THE OTHER PARTY UNDER OR IN CONNECTION WITH THIS AGREEMENT (UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY SPECIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARYCONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, PUNITIVE, LOST BUSINESS OPPORTUNITIES OR CONSEQUENTIAL DAMAGES LOST DATA) OR FOR COST OF ANY KIND PROCUREMENT OF SUBSTITUTE SERVICES AND/OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTIONGOODS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR LOSSES, AND (B) EACH PARTY’S AGGREGATE, CUMULATIVE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE TOTAL FEES PAID OR PAYABLE TO MAPBOX FOR THE RELEVANT SERVICE OFFERING DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO ALL CAUSES OF ACTION OR EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE. MULTIPLE CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND WILL NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF EXPAND THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF SPECIFIED IN THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSSECTION. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY IN NO EVENT WILL HTC OR ANY HTC SUPPLIER OR LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTALCONSEQUENTIAL, EXEMPLARYPUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, PUNITIVEGOODWILL, ANTICIPATED SAVINGS, LOSS OR CONSEQUENTIAL DAMAGES CORRUPTION OF ANY KIND DATA OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, ) ARISING OUT OF OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, IN ANY WAY RELATED TO THIS AGREEMENT OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTIONTHE ENTERPRISE SOLUTION, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS AGGREGATE LIABILITY OF LIABILITY APPLY HTC AND ITS SUPPLIERS AND LICENSORS UNDER THIS AGREEMENT WILL BE LIMITED TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE AMOUNT YOU PAID FOR YOUR AFFECTED VIVE DEVICE. THE PRODUCT GIVING RISE ENTERPRISE SOLUTION WAS DESIGNED FOR SYSTEMS THAT DO NOT REQUIRE FAIL- SAFE PERFORMANCE. HTC IS NOT LIABLE FOR USE OF THE ENTERPRISE SOLUTION IN ANY DEVICE OR SYSTEM IN WHICH A MALFUNCTION OF THE ENTERPRISE SOLUTION WOULD RESULT IN FORESEEABLE RISK OF INJURY OR DEATH TO ANY PERSON. UNLESS THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS FOLLOWING LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT ALL ANY DISPUTE MUST BE COMMENCED OR FILED WITHIN ONE (1) YEAR OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENTDATE THE DISPUTE AROSE, AND OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU WILL NO LONGER HAVE THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT RIGHT TO ASSERT SUCH CLAIM REGARDING THE EXISTENCE OF THE LIMITATIONSDISPUTE). 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY WILL GCSC NOR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS SHALL BE LIABLE FOR ANY ACT OR OMISSION TO THE EXTENT NOT ATTRIBUTABLE TO GCSC'S PERSONNEL OR GROUND EQUIPMENT, AND GCSC'S LIABILITY FOR ANY NEGLIGENT OR GROSSLY NEGLIGENT ACT OR OMISSION RESULTING IN ANY INTERRUPTION, DELAY, DEFECT OR ERROR IN SERVICE SHALL IN NO EVENT EXCEED THE PROPORTIONAL CHARGES TO CUSTOMER FOR THE PERIOD OF THE SERVICE INTERRUPTION OR DEFECT. GCSC SHALL HAVE NO LIABILITY WHATSOEVER FOR (1) INTERRUPTIONS OR DEFECTS IN SERVICE WHICH AFFECT CUSTOMER FOR LESS THAN 72 CONTINUOUS HOURS, OR (2) ANY OF THE LIMITATIONS OF SERVICE REFERRED TO IN SECTION 2 "CONDITIONS ON USE OF THE GLOBALSTAR SERVICE" HEREOF, OR (3) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND DAMAGES, LOSSES OR NATUREINJURIES. WHEN ROAMING OUTSIDE THE HOME TERRITORY, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF ADVISED OF CUSTOMER IS ALSO SUBJECT TO THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THAT THE GLOBALSTAR SYSTEM PROVIDER IN THAT TERRITORY IMPOSES UPON ITS CUSTOMERS. CUSTOMER MUST ABIDE BY ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 REGULATORY PROVISIONS WHILE OPERATING TERMINAL IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIMCOUNTRY. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE CUSTOMER UNDERSTANDS THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, SUCH GLOBALSTAR SYSTEM PROVIDER MAY ▇▇▇▇ AIRTIME DIFFERENTLY THAN GCSC AND THAT THE PRICES SERVICES AVAILABLE IN ONE TERRITORY MAY VARY CONSIDERABLY FROM THE SERVICES AVAILABLE IN THE HOME TERRITORY. CUSTOMER AGREES THAT WHILE CUSTOMER ROAMS, CUSTOMER ACCEPTS SERVICES PROVIDED BY THE GLOBALSTAR SYSTEM PROVIDER IN SUCH TERRITORY ON AN "AS-IS", "WHERE-IS" BASIS, WITHOUT WARRANTY OF SERVICES AND PRODUCTS ARE DETERMINED ANY KIND. CUSTOMER UNDERSTANDS THAT THE ROAMING INDICATOR ON CUSTOMER'S GLOBALSTAR PHONE MAY NOT ALWAYS REPRESENT HOME/ROAM TERRITORY. WHEN TRAVELING OUTSIDE THE HOME TERRITORY AUTOMATIC ROAMING MAY BE LIMITED DUE TO HIGH LEVELS OF FRAUDULENT ACTIVITY IN PART BY TAKING INTO ACCOUNT THE EXISTENCE AREA, THE UNAVAILABILITY OF THE LIMITATIONSGLOBALSTAR SYSTEM OR OTHER FACTORS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY 9.1 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NM BEAUTY INDUSTRIES B.V. BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY KIND OR NATURETHIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITBUSINESS, REVENUE, DATAPROFITS, CUSTOMERS, OR GOODWILL, USE, DATA OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTIONOTHER ECONOMIC ADVANTAGE AND ANY NON-ECONOMIC LOSSES, EVEN IF IT HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. 9.2 Limitation of Damages. THE FOREGOING LIMITATIONS NM BEAUTY INDUSTRIES B.V.’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS, LOSSES OR EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF LIABILITY APPLY TO ALL CAUSES OF ACTION THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, AGENCY, WARRANTY, TRESPASS, OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORYTHEORY OF LIABILITY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) WILL BE LIMITED TO THE PURCHASE PRICE PAID FEES RECEIVED BY NM BEAUTY INDUSTRIES B.V. FOR THE PRODUCT PRODUCT(S) FIRST GIVING RISE TO THE CLAIM, OR (II) LIABILITY. 9.3 Allocation of Risk and Material Term. THIS SECTION ON LIMITATIONS OF LIABILITY WILL SURVIVE TERMINATION OF THE AMOUNTS PAID AGREEMENT. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND ARE AN INTRINSIC PART OF THE BARGAIN BETWEEN THE PARTIES. THE FEES PROVIDED FOR IN THIS AGREEMENT REFLECT THIS ALLOCATION OF RISKS AND THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE LIMITATION OF LIABILITY AND SUCH LIMITATION WILL APP LY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIMFULLEST EXTENT PERMITTED BY LAW. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS4. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER PARTY WILL SHALL BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES FOR ANY (A) COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS OR SERVICES, OR COST OF REPLACEMENT OR RESTORATION OF ANY CUSTOMER DATA; (B) ECONOMIC LOSSES, EXPECTED OR LOST PROFITS, REVENUE, ANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF CONTRACTS, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION; AND/OR (C) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND LOSS OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE WHETHER ARISING OUT OF PERFORMANCE OR MALFUNCTIONBREACH OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE PALANTIR TECHNOLOGY, EVEN IF THE PARTY HAS BEEN ADVISED OF AS TO THE POSSIBILITY OF SUCH LOSS OR DAMAGES. EXCEPT FOR THE FOREGOING LIMITATIONS PARTIES’ OBLIGATIONS SET FORTH IN SECTIONS 4 AND 8 OF THIS AGREEMENT AND CUSTOMER’S PAYMENT OBLIGATIONS HEREUNDER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY AGREES THAT THE MAXIMUM AGGREGATE LIABILITY APPLY OF EITHER PARTY AND ITS AFFILIATES TO THE OTHER PARTY AND ITS AFFILIATES FOR ALL CAUSES OF ACTION OR CLAIMS OF RELIEF ANY KIND SHALL NOT EXCEED THE GREATER OF (I) THE FEES PAID OR PAYABLE TO PALANTIR BY CUSTOMER UNDER THE APPLICABLE ORDER FORM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM FOR THE SERVICE OR PROFESSIONAL SERVICES THAT GAVE RISE TO SUCH CLAIM OR (II) ONE HUNDRED THOUSAND DOLLARS (USD 100,000), AND THAT SUCH REMEDY IS FAIR AND ADEQUATE. THE LIMITATIONS SET FORTH IN THIS SECTION 11 SHALL APPLY REGARDLESS OF WHETHER AN ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY WILL TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKETING 360 SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVEOR PUNITIVE DAMAGES, LOST PROFITS OR CONSEQUENTIAL DAMAGES REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY KIND BREACH OF THESE TERMS, WHETHER OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF ADVISED OF NOT THE POSSIBILITY OF SUCH DAMAGES. DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORYTHEORY (CONTRACT, INCLUDING TORTTORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, INDEMNIFICATIONAND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT FOR YOUR LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE INDEMNIFICATION SECTION AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, AND BREACH TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF WARRANTY. 10.2 THE AMOUNTS YOU PAID TO MARKETING 360 FOR THE SERVICES SOLD HEREUNDER. WITHOUT LIMITING THE FOREGOING, MARKETING 360 IS NOT RESPONSIBLE FOR ANY DAMAGES DUE TO CONTENT, OMISSIONS OR ERRONEOUS DATA APPEARING IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE WEBSITE, BLOGS OR ON SOCIAL MEDIA.WE FURTHER DISCLAIM ALL LIABILITY WITH RESPECT TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THIRD-PARTY PRODUCTS THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED YOU USE IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSCONJUNCTION WITH THESE SERVICES. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE IS LIABLE FOR ANY SPECIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, (INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTIONFOR BREACH OF CONTRACT OR WARRANTY, REMOVAL, REINSTALLATIONNEGLIGENCE OR STRICT LIABILITY), OR REPROCUREMENT COSTSFOR INTERRUPTED COMMUNICATIONS, LOSS OF PROFITUSE, REVENUELOST BUSINESS, DATA, CUSTOMERS, LOST DATA OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, LOST PROFITS (EVEN IF SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESANY OF THE FOREGOING), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. THE FOREGOING LIMITATIONS EXCLUSION OF LIABILITY WILL NOT APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY(i) CLIENT’S INDEMNIFICATION OBLIGATIONS, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 ANY AMOUNTS PAYABLE IN NO EVENT SHALL CONNECTION THEREWITH; (ii) CLIENT’S RECOVERY FROM WINMILL FOR CONFIDENTIALITY OBLIGATIONS; AND (iii) CLIENT’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL CAPITOL B’S CUMULATIVE, AGGREGATE LIABILITY TO CLIENT OR ANY CLAIM THIRD PARTY EXCEED (I) THE PURCHASE PRICE PAID FOR NET AMOUNTS RECEIVED BY CAPITOL B HEREUNDER DURING THE PRODUCT 12-MONTH PERIOD IMMEDIATELY PRIOR TO THE INCIDENT GIVING RISE TO SUCH LIABILITY. IN LIEU OF REFUND, CAPITOL B WILL BE PERMITTED, IN ITS SOLE DISCRETION, TO CAUSE THE CLAIMPLACEMENT OF “MAKE-GOOD” ADVERTISING, OR (II) PROVIDED THAT, SUCH “MAKE-GOOD” ADVERTISING IS PROVIDED WITHIN A REASONABLE PERIOD OF TIME AFTER THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSLIABILITY HAS ACCRUED. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 THE TOTAL LIABILITY OF EACH PARTY TO THE OTHER PARTY FOR DAMAGES UNDER ANY NETWORK ORDER, EXCLUDING LIABILITIES UNDER [***], IS LIMITED TO THE TOTAL AMOUNT PAYABLE BY OPERATOR TO NEXTG FOR SERVICES PROVIDED UNDER THE AFFECTED NETWORK ORDER(S). EXCLUDING LIABILITIES UNDER [***], NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARYINDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, NETWORK ORDER EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESTHE DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE FOREGOING LIMITATIONS SET FORTH IN THIS §10.2 WILL APPLY, WITHOUT LIMITATION, TO LOSS OF LIABILITY APPLY TO ALL CAUSES PROFITS OR REVENUE (WHETHER ARISING OUT OF ACTION TRANSMISSION INTERRUPTIONS OR PROBLEMS, ANY INTERRUPTION OR DEGRADATION OF SERVICE, OR OTHERWISE) OR CLAIMS OF RELIEF UNDER CUSTOMERS, WHETHER OCCASIONED BY ANY CONSTRUCTION, RECONSTRUCTION, RELOCATION, REPAIR, OR MAINTENANCE PERFORMED BY, OR FAILED TO BE PERFORMED BY, THE OTHER PARTY OR ANY OTHER LEGAL OR EQUITABLE THEORYCAUSE WHATSOEVER, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, NEGLIGENCE, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSSTRICT LIABILITY. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 THE PARTIES CONFIRM THAT THE EXPRESS REMEDIES AND MEASURES OF DAMAGES PROVIDED IN THE CONTRACT SATISFY THE ESSENTIAL PURPOSES HEREOF. FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, THE OBLIGOR'S LIABILITY SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN, THE OBLIGOR'S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE DAMAGES. UNLESS EXPRESSLY HEREIN PROVIDED, NEITHER PARTY WILL SHALL BE LIABLE FOR ANY INDIRECT, SPECIALCONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH LIABILITIES ARISE AS A RESULT OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATIONA THIRD PARTY CLAIM FOR WHICH INDEMNIFICATION IS OWED UNDER THE RFP, OR REPROCUREMENT COSTSARISE AS A RESULT OF A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT (TO THE EXTENT SUCH DAMAGES ARE AUTHORIZED AGAINST DOC UNDER APPLICABLE LAW). TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERSTHE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF ADVISED OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION HARM OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENTLOSS. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF (1) IN THE LIMITATIONS EVENT THAT ANY TAX CREDITS CLAIMED OR RECEIVED BY CONTRACTOR (OR ITS TAX INVESTORS) WITH RESPECT TO THE SYSTEM ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENTRECAPTURED, THE RECAPTURED AMOUNT SHALL BE DEEMED TO BE DIRECT AND NOT INDIRECT OR CONSEQUENTIAL DAMAGES, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years afterIN THE EVENT THAT A BREACH OF THE CONTRACT CAUSES CONTRACTOR TO LOSE THE BENEFIT OF ANY ENVIRONMENTAL ATTRIBUTES OR ANY ENVIRONMENTAL INCENTIVES, THE AMOUNT OF SUCH ENVIRONMENTAL ATTRIBUTES OR ENVIRONMENTAL INCENTIVES SHALL BE DIRECT AND NOT INDIRECT OR CONSEQUENTIAL DAMAGES.

Limitations of Liability. 10.1 10.1. EXCEPT TO THE EXTENT THE FOLLOWING LIMITATION OF LIABILITY IS PROHIBITED BY LAW, PINGCAP'S TOTAL LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES SUSTAINED BY YOU UP TO A MAXIMUM AMOUNT OF THE FEES PAID BY YOU TO PINGCAP UNDER THE APPLICABLE ORDER FORM; PROVIDED THAT, REGARDLESS OF ANY LAW, NO CLAIM OR CAUSE OF ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THIS CSA MAY BE BROUGHT BY YOU MORE THAN TWELVE (12) MONTHS AFTER YOU BECOME AWARE OF, OR SHOULD REASONABLY HAVE BECOME AWARE OF, THE FACTS GIVING RISE TO THE CAUSE OF ACTION. WITHOUT LIMITING THE FOREGOING, NEITHER PARTY WILL PINGCAP NOR ANY OF ITS LICENSORS SHALL BE LIABLE TO YOU FOR PERSONAL INJURY, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATIONOTHER DAMAGES, OR REPROCUREMENT COSTSFOR DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERSLOSS OF GOODWILL OR LOST PROFITS, UNDER ANY THEORY OF LIABILITY, INCLUDING CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR GOODWILL, OTHER THEORY ARISING OUT OF OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTIONRELATING IN ANY WAY TO THIS CSA, EVEN IF PINGCAP HAS BEEN ADVISED OF THE POSSIBILITY RISK OF SUCH DAMAGES. 10.2. THE FOREGOING LIMITATIONS SET FORTH IN THIS SECTION 10 WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENTITS ESSENTIAL PURPOSE. THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION AND AGREE THAT ALL IN THE OTHER PROVISIONS OF THIS CSA AND THE ALLOCATION OF RISK HEREIN ARE ESSENTIAL ELEMENTS OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT BARGAIN BETWEEN THE PARTIES, WITHOUT WHICH PINGCAP WOULD NOT HAVE ENTERED INTO THIS CSA. • 10.3. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSLIMITATION MAY NOT APPLY TO YOU. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY WILL CLIENT AGREES THAT GIA AND ITS EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIALCONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATIONSTATUTORY, OR REPROCUREMENT COSTSSPECIAL DAMAGES, LOSS OF PROFITINCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUEWITH RESPECT TO OR ARISING UNDER OR RELATED TO THIS AGREEMENT, DATA, CUSTOMERS, THE SERVICES OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTIONA REPORT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR GIA’S OBLIGATION TO PAY CLIENT THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORYINSURANCE PROCEEDS REFERENCED ABOVE, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL THE TOTAL, CUMULATIVE LIABILITY OF GIA EXCEED THE PRICE OF THE SERVICES PROVIDED BY GIA UNDER THIS AGREEMENT TO CLIENT FOR WHICH LIABILITY ARISES. THE LIMITATIONS ON LIABILITY IN THIS AGREEMENT (i) SHALL APPLY TO ANY CLAIM EXCEED CLAIMS AND CAUSES OF ACTION, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (IINCLUDING WITHOUT LIMITATION NEGLIGENCE), INDEMNITY, OR OTHERWISE; AND (ii) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE SHALL BE DEEMED TO APPLY TO THE CLAIMMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH IN THIS AGREEMENT. CLIENT AGREES THAT ▇▇▇ IS NOT OBLIGATED TO DEFEND, INDEMNIFY, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE HOLD CLIENT HARMLESS IN CONNECTION WITH ANY THIRD PARTY CLAIMS, SUITS, OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS ACTIONS BROUGHT AGAINST CLIENT, INCLUDING WITHOUT LIMITATION IS CUMULATIVE AND NOT PER INCIDENTCLAIMS BROUGHT BY ANY ARTICLE OWNER, PURCHASER, OR DOWNSTREAM PURCHASER. THE PARTIES ACKNOWLEDGE HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND THE REMEDIES SET FORTH IN THIS AGREEMENT AND FIND SUCH ALLOCATION AND REMEDIES TO BE REASONABLE, AND AGREE THAT ALL OF THE FOREGOING LIMITATION AND THE OTHER LIMITATIONS IN THIS AGREEMENT ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE BASIS OF THE LIMITATIONSBARGAIN BETWEEN THE PARTIES. THIS SECTION SHALL NOT OPERATE IN SUCH A WAY AS TO LIMIT GIA’S LIABILITY FOR GIA’S ACTS OR OMISSIONS FOR WHICH LIABILITY MAY NOT BE LIMITED UNDER APPLICABLE LAW. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER By using any of Auto+ Performance’s Subscription Service, Non-Subscription Services or Products you agree that you are fully responsible for your progress and results from your participation and that Auto+ Performance offers no representations or guarantees regarding your business profit and earnings and that you are solely responsible for your progress. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, SUBSCRIPTION SERVICE AND NON- SUBSCRIPTION SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. AUTO+ PERFORMANCE AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE WEBSITE, SUBSCRIPTION SERVICE, NON-SUBSCRIPTION SERVICES, AND THE AUTO+ PERFORMANCE CONTENT INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AUTO+ PERFORMANCE IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY WILL OR ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIALPUNITIVE, INCIDENTAL, EXEMPLARYSPECIAL, PUNITIVECONSEQUENTIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OTHER TYPE OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTIONDAMAGES, EVEN IF SUCH PARTY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR CUSTOMER'S LIABILITY FOR PAYMENT OF FEES AND CUSTOMER'S LIABILITY ARISING FROM ITS INDEMNITY OBLIGATIONS, IF, NOTWITHSTANDING THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT TERMS OF THIS AGREEMENT, AND EITHER PARTY IS DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, THE PARTIES AGREE THAT THE PRICES AGGREGATE LIABILITY OF A PARTY AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO THE LESSER OF ONE HUNDRED DOLLARS OR THE TOTAL AMOUNTS ACTUALLY PAID BY CUSTOMER UNDER THE APPLICABLE ORDER FORM FOR THE SUBSCRIPTION SERVICE OR NON-SUBSCRIPTION SERVICES IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. AUTO+ PERFORMANCE DISCLAIMS ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS USED BY CUSTOMER. AUTO+ PERFORMANCE LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT AND AUTO+ PERFORMANCE’S LIABILITY WITH RESPECT TO ANY THIRD-PARTY PRODUCTS ARE DETERMINED IN OR THIRD PARTY CONTENT PROVIDED WITH THE SUBSCRIPTION SERVICE AND NON-SUBSCRIPTION SERVICES SHALL BE SUBJECT TO THIS SECTION. CUSTOMER UNDERSTANDS AND AGREES THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK AND AN ESSENTIAL PART BY TAKING INTO ACCOUNT OF THIS AGREEMENT. CUSTOMER UNDERSTANDS AND AGREES THAT ABSENT CUSTOMER’S AGREEMENT TO THIS LIMITATION OF LIABILITY, AUTO+ PERFORMANCE WOULD NOT PROVIDE THE EXISTENCE OF THE LIMITATIONSSUBSCRIPTION SERVICE OR NON-SUBSCRIPTION SERVICES TO CUSTOMER. Auto+ Performance may update and change any part or all of this Agreement, including fees. If Auto+ Performance updates or changes this Agreement, the updated Agreement will be posted at ▇▇▇▇▇://▇▇▇. 10.3 ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/terms. The updated Agreement will become effective and binding on the next business day after it is posted. Auto+ Performance encourages Customer to review this Agreement periodically. No action delay in exercising any right or remedy will operate as a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be construed as a waiver of any right or remedy on any future occasion. Notwithstanding the foregoing, Auto+ Performance will comply with all applicable laws and regulations to the extent that any change or update to this Agreement changes or updates the manner in which Auto+ Performance will collect, use, process, share, or store Personal Data. To the maximum extent permitted by law, this Agreement and all Order Form(s) shall be governed by the laws of Canada and the USA without reference to conflicts of law principles, and both parties hereby consent to the exclusive jurisdiction and venue of courts in Canada, USA in all disputes arising out of or relating to the performance use of the Subscription Service. Use of the Subscription Service or Non-Subscription Services is unauthorized in any Services pursuant jurisdiction that does not give effect to all provisions of this Agreement may be brought by either party more than two (2) years afterAgreement, including without limitation this paragraph.

Limitations of Liability. 10.1 NEITHER PARTY TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE CREATOR ENTITIES BE LIABLE (A) FOR ANY INDIRECT, SPECIALSPE- CIAL, EXEMPLARY, INCIDENTAL, EXEMPLARYCONSEQUENTIAL OR PUNITIVE DAMAGES (IN- CLUDING, PUNITIVEBUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTSSER- VICES, LOSS OF PROFITUSE, REVENUEDATA OR PROFITS, DATABUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, CUSTOMERSARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PROJECT NFT OR THE NFT MEDIA), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR GOODWILLOTHERWISE ARIS- ING IN ANY WAY IN CONNECTION WITH THE PROJECT NFTS AND NFT MEDIA OR THESE TERMS AND WHETHER IN CONTRACT, PRODUCT LIABILITY OR CLIENT TECHNOLOGY DAMAGE, FAILURE TORT (IN- CLUDING STRICT LIABILITY OR MALFUNCTIONNEGLIGENCE) OR OTHERWISE, EVEN IF THE CRE- ATOR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE PROJECT NFTS AND NFT MEDIA. THE FOREGOING LIMITATIONS MAXIMUM AGGREGATE LIABILITY OF LIABILITY APPLY TO THE CREATOR ENTITIES FOR ALL CAUSES DAMAGES AND CAUS- ES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORYACTION, INCLUDING TORT, INDEMNIFICATION, BREACH OF WHETHER IN CONTRACT, AND BREACH TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, $100 OR (II) THE AMOUNTS AMOUNT YOU PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING CREATORS FOR YOUR PROJECT NFT. SOME JURISDICTIONS) DO NOT ALLOW THE SIX (6) MONTHS PRECEDING EXCLUSION OR LIMITATION OF INCI- DENTAL OR CONSEQUENTIAL DAMAGES, SO THE CLAIM. THIS LIMITATION IS CUMULATIVE AND ABOVE EXCLUSION OR LIMITA- TION MAY NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSAPPLY TO YOU. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER EACH PARTY’S’S SOLE LIABILITY HEREUNDER SHALL BE LIMITED TO DIRECT AND OBJECTIVELY MEASURABLE DAMAGES. IN NO EVENT SHALL EITHER PARTY WILL BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR CONSEQUENTIAL OTHER DAMAGES OF ANY TYPE OR KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, (INCLUDING LOSS OF PROFITDATA, REVENUE, DATAPROFITS, CUSTOMERSUSE, BUSINESS INTERUPTIONS OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR GOODWILLIN ANY WAY CONNECTED WITH C3 RESERVATIONS, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE C3 RESERVATIONS, OR CLIENT TECHNOLOGY DAMAGEFOR ANY CONTENT OBTAINED FROM OR THROUGH C3 RESERVATIONS, FAILURE ANY INTERRUPTION, INACCURACY, ERROR OR MALFUNCTIONOMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF C3 HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS EXCEPT FOR LIABILITIES ARISING FROM A CLAIM RELATED TO DEATH OR PERSONAL INJURIES OR PURSUANT TO SECTION 7 (MUTUAL INDEMNIFICATION) OR SECTION 2.3 (CUSTOMER USE OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORYC3 RESERVATIONS), INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM WINMILL FOR ANY CLAIM EXCEED THE CUSTOMER IN THE TWELVE (I12) MONTH PERIOD IMMEDIATELY PRECEDING THE PURCHASE PRICE PAID FOR THE PRODUCT EVENT GIVING RISE TO SUCH CLAIM. IF NO SUCH AMOUNT WAS PAID AND/OR IS DUE YET, THEN IT SHALL BE THE CLAIM, OR AMOUNT REPRESENTING THE CURRENT BASE COST PER TRANSACTION MULTIPLIED BY THE NUMBER OF TRANSACTION EXECUTED BY THE CUSTOMER IN THE TWELVE (II12) MONTH PERIOD IMMEDIATELY PRECEDING THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES EVENT GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE SUCH CLAIM.THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE THESE LIMITATIONS ARE ON POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT OF IN SETTING CONSIDERATION UNDER THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER 1. Nothing in the Agreement shall exclude or limit the liability of COMMERCE DECISIONS (including any acts of its employees, agents and subcontractors) for death or personal injury caused by COMMERCE DECISIONS’ proven negligence or fraud committed by COMMERCE DECISIONS (including fraudulent misrep- resentation) or any other matter for which it would be illegal, or in breach of statutory provision, for COMMERCE DECISIONS to exclude its liability. 2. SUBJECT TO CLAUSE 6.1, COMMERCE DECISIONS’ AGGREGATE LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION OR OTH- ERWISE, ARISING IN CONNECTION WITH THE PERFORMANCE, NON-PERFORMANCE OR CONTEM- PLATED PERFORMANCE OF THE AGREEMENT SHALL BE LIMITED TO THE TOTAL FEES PAID AND PAYABLE BY THE CUSTOMER UNDER THE AGREEMENT. 3. SUBJECT TO CLAUSE 6.1, IN NO EVENT WILL COMMERCE DECISIONS OR ANY SUPPLIER OF THIRD PARTY WILL DISTRIBUTED SOFTWARE OR THIRD PARTY REQUIRED SOFTWARE BE LIABLE TO THE CUSTOMER FOR ANY SPECIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES LOSS, DAMAGE, COSTS, EX- PENSES OR OTHER CLAIMS WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTSPROFITS, LOSS OF PROFITBUSINESS, REVENUEDEPLETION OF GOODWILL OR LIKE LOSS, OR LOSS OF DATA, OR ARISING FROM LOSS OF DATA, LOSS OF USE OR LOSS OF OPPORTUNITY OR OTHER INTANGIBLE LOSSES (EVEN IF COMMERCE DECISIONS HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH LOSS, DAM- AGE, COST OR EXPENSE)) OR ANY LOSS, DAMAGE OR LIABILITY TO THE EXTENT CAUSED BY THE NEGLIGENCE, WILFUL MISCONDUCT OR OTHER FAULT OF THE CUSTOMER, ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS; IN EACH CASE HOWSOEVER CAUSED, INCLUDING WITHOUT LIMITATION NEGLIGENCE OR BREACH OF STATUTORY DUTY OR MISREPRESENTATION, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY LIABILITY INCURRED BY THE CUSTOMER WITHOUT COMMERCE DECISIONS’ PRIOR WRITTEN AUTHORISATION. 4. SUBJECT TO CLAUSE 6.1, THE CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT COMMERCE DECISIONS AND ANY SUPPLIER OF THIRD PARTY DISTRIBUTED SOFTWARE OR THIRD PARTY REQUIRED SOFTWARE SHALL NOT BE LIABLE TO THE CUSTOMER FOR: (i) THE CUSTOMER’S USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, CUSTOMERS, INFORMATION OR GOODWILL, SERVICES PUR- CHASED OR CLIENT TECHNOLOGY DAMAGE, FAILURE OBTAINED OR MALFUNCTION, EVEN IF ADVISED MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE POSSIBILITY CUSTOMER’S TRANS- MISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF SUCH DAMAGES. ANY THIRD PARTY ON THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years afterSERVICES; OR

Limitations of Liability. 10.1 NEITHER IN NO EVENT WILL EITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, INCIDENTALCONSEQUENTIAL OR PUNITIVE DAMAG ES, EXEMPLARYREGARDLESS OF THE NATURE OF THE CLAIM, PUNITIVEINCLUDING LOST PROFITS, OR CONSEQUENTIAL DAMAGES COSTS OF DELAY, ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATIONFAILURE OF DELIVERY, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, COSTS OF LOST OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, DAMAGED DATA OR GOODWILL, DOCUMENTATION OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTIONLIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. TO THE FOREGOING LIMITATIONS MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT FOR PARCHMENT'S INDEMNIFICATION OBLIGATIONS, THE CUMULATIVE LIABILITY OF LIABILITY APPLY PARCHMENT TO MEMBER FOR ALL CAUSES CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING ANY CAUSE OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORYSOUNDING IN CONTRACT, INCLUDING TORT, INDEMNIFICATIONOR STRICT LIABILITY, BREACH WILL NOT EXCEED THE TOTAL AMOUNT OF CONTRACT, AND BREACH OF WARRANTY. 10.2 ALL FEES PAID TO PARCHMENT BY MEMBER IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED THE TWELVE (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (612) MONTHS PRECEDING THE CLAIMDATE ON WHICH THE APPLICABLE CLAIM AROSE. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSAGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL SHALL BE LIABLE TO THE OTHER, REGARDLESS OF THE LEGAL THEORY USED TO MAKE A CLAIM, AND WHETHER OR NOT BASED UPON NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, IN TORT OR ANY OTHER CAUSE OF ACTION, FOR ANY (A) COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS OR SERVICES, OR COST OF REPLACEMENT OR RESTORATION OF ANY LOST OR ALTERED CONTENT, (B) DELAYS OR UNAVAILABILITY OF ANY PRODUCTS OR SERVICES (OTHER THAN AS PROVIDED IN THE SUPPORT SERVICES), ECONOMIC LOSSES, EXPECTED OR LOST PROFITS, REVENUE, OR ANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF CONTRACTS, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, AND/OR (C) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES LOSS OR DAMAGE, WHETHER ARISING OUT OF ANY KIND PERFORMANCE OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATIONBREACH OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE PRODUCTS, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTIONFOR ANY MATTER BEYOND THE PARTY’S REASONABLE CONTROL, EVEN IF THE PARTY HAS BEEN ADVISED OF AS TO THE POSSIBILITY OF SUCH LOSS OR DAMAGES. EXCEPT FOR THE FOREGOING LIMITATIONS PARTIES’ OBLIGATIONS SET FORTH IN SECTIONS 4 AND 9 OF THIS AGREEMENT AND CUSTOMER’S PAYMENT OBLIGATIONS HEREUNDER AND/OR UNDER THE GOOGLE CLOUD MARKETPLACE TERMS OF SERVICE (AS APPLICABLE), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY AGREES THAT THE MAXIMUM AGGREGATE LIABILITY APPLY TO OF EITHER PARTY ON ALL CAUSES OF ACTION OR CLAIMS OF RELIEF ANY KIND UNDER THE AGREEMENT, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORYTHEORY OR RESULTING FROM THIS AGREEMENT OR ANY PRODUCTS OR SERVICES, INCLUDING TORT, INDEMNIFICATION, BREACH SHALL NOT EXCEED THE GREATER OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (IA) THE PURCHASE PRICE FEES PAID FOR THE PRODUCT GIVING RISE OR PAYABLE TO PALANTIR BY CUSTOMER IN RELATION TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE PRODUCTS AND/OR SERVICES GIVING RISE TO UNDER THE CLAIM THAT WERE PROVIDED DURING APPLICABLE ORDER FORM AND/OR THE SIX GOOGLE CLOUD MARKETPLACE TERMS OF SERVICE (6AS APPLICABLE) IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. CLAIM FOR THE PARTIES ACKNOWLEDGE AND AGREE PRODUCTS OR SERVICES THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENTGAVE RISE TO SUCH CLAIM OR (B) FIFTY THOUSAND DOLLARS (USD 50,000), AND THAT THE PRICES OF SERVICES SUCH REMEDY IS FAIR AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSADEQUATE. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER IN NO EVENT WILL EITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVEOR INCIDENTAL DAMAGES, OR CONSEQUENTIAL DAMAGES OF FOR ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, LOST DATA, CUSTOMERSLOST PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING FROM OR GOODWILLRELATING TO THIS AGREEMENT, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTIONHOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS EACH PARTY’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORYIN CONNECTION WITH THIS AGREEMENT, INCLUDING TORT, INDEMNIFICATION, BREACH OF WHETHER IN CONTRACT, AND BREACH TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF WARRANTY. 10.2 IN NO FEES PAID BY CUSTOMER TO COMPANY UNDER THE APPLICABLE ORDER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDEING THE EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT FIRST GIVING RISE TO SUCH LIABILITY. THE CLAIMLIMITATION OF LIABILITIES SET FORTH IN THIS SECTION 8 SHALL NOT APPLY TO A PARTY’S OBLIGATIONS UNDER SECTION 7, TO LIABILITY ARISING FROM A PARTY’S BREACH OF SECTION 9, TO LIABILITY ARISING FROM CUSTOMER’S BREACH OF SECTION 2.2, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE TO LIABILITY ARISING FROM A PARTY’S WILLFUL MISCONDUCT OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL VIOLATION OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSLAW. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY EXCEPT IN THE CASE OF WASABI’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, WASABI AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR CONSEQUENTIAL EXEMPLARY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, (INCLUDING DAMAGES FOR LOSS OF PROFITPROFITS, REVENUE, DATAREVENUES, CUSTOMERS, OR OPPORTUNITIES, GOODWILL, USE, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTIONDATA), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH REGARDLESS OF WARRANTY. 10.2 THE FORM OF ACTION. EXCEPT IN NO EVENT SHALL CLIENTTHE CASE OF WASABI’S RECOVERY FROM WINMILL FOR ANY CLAIM GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, WASABI AND ITS AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED (I) THE PURCHASE PRICE PAID AMOUNT YOU ACTUALLY PAY WASABI UNDER THIS AGREEMENT FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING WASABI SERVICE THAT GAVE RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX 12 MONTHS BEFORE THE LIABILITY AROSE. IF WASABI SERVICE (6OR ANY OTHER WASABI PRODUCT) MONTHS PRECEDING IS PROVIDED TO YOU WITHOUT CHARGE, THEN WASABI WILL HAVE NO LIABILITY TO YOU WHATSOEVER, AND IN ANY EVENT NO MORE THAN $500. YOU EXPRESSLY RECOGNIZE AND ACKNOWLEDGE THAT THE CLAIM. DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS SECTION ARE AN ESSENTIAL ELEMENT PART OF THE AGREEMENT AND AN ESSENTIAL FACTOR IN ESTABLISHING THE PRICE OF WASABI SERVICE. THE FOREGOING DISCLAIMERS AND LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW AND NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY PROVIDED IN THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY WILL C3’S SOLE LIABILITY HEREUNDER SHALL BE LIMITED TO DIRECT AND OBJECTIVELY MEASURABLE DAMAGES. IN NO EVENT SHALL C3 BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR CONSEQUENTIAL OTHER DAMAGES OF ANY TYPE OR KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, (INCLUDING LOSS OF PROFITDATA, REVENUE, DATAPROFITS, CUSTOMERSUSE, BUSINESS INTERUPTIONS OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR GOODWILLIN ANY WAY CONNECTED WITH C3 RESERVATIONS, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE C3 RESERVATIONS, OR CLIENT TECHNOLOGY DAMAGEFOR ANY CONTENT OBTAINED FROM OR THROUGH C3 RESERVATIONS, FAILURE ANY INTERRUPTION, INACCURACY, ERROR OR MALFUNCTIONOMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF C3 HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY EXCEPT FOR LIABILITIES ARISING FROM A CLAIM PURSUANT TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORYSECTION 7 (INDEMNIFICATION FOR INTELLECTUAL PROPERTY RIGHTS INFRINGEMENTS), INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY C3'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM WINMILL FOR ANY CLAIM EXCEED THE CUSTOMER IN THE TWELVE (I12) MONTH PERIOD IMMEDIATELY PRECEDING THE PURCHASE PRICE PAID FOR THE PRODUCT EVENT GIVING RISE TO SUCH CLAIM. IF NO SUCH AMOUNT WAS PAID AND/OR IS DUE YET, THEN IT SHALL BE THE CLAIM, OR AMOUNT REPRESENTING THE CURRENT BASE COST PER TRANSACTION MULTIPLIED BY THE NUMBER OF TRANSACTION EXECUTED BY THE CUSTOMER IN THE TWELVE (II12) MONTH PERIOD IMMEDIATELY PRECEDING THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES EVENT GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE SUCH CLAIM.THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE THESE LIMITATIONS ARE ON POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT OF IN SETTING CONSIDERATION UNDER THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY WILL HID OR ITS SUPPLIERS SHALL ONLY BE LIABLE FOR THE VIOLATION OF AN OBLIGATION, THE PARTICULAR FULFILMENT OF WHICH IS OF PARTICULAR SIGNIFICANCE FOR THE ACHIEVEMENT OF THE CONTRACTUAL PURPOSE (CARDINAL OBLIGATION). IN SUCH CASE HID´S OR ITS SUPPLIERS´ LIABILITY SHALL BE LIMITED TO THE REASONABLE FORESEEABLE DAMAGE WHICH CAN BE TYPICALLY EXPECTED TO ARISE WITHIN THE SCOPE OF THIS AGREEMENT. WHERE HID’S OR ITS SUPPLIERS´ LIABILITY IS LIMITED TO THE REASONABLE FORSEEBALE DAMAGE, HID OR ITS SUPPLIERS SHALL ONLY BE LIABLE UNDER THIS AGREEMENT FOR DIRECT DAMAGES AND ITS LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT HID RECEIVED FROM YOU FOR THE PARTICULAR PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HID BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY KIND OR NATURERELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITBUSINESS, REVENUE, DATAPROFITS, CUSTOMERS, OR GOODWILL, USE, DATA OR CLIENT TECHNOLOGY DAMAGEOTHER ECONOMIC ADVANTAGE AND ANY NON-ECONOMIC LOSSES, FAILURE OR MALFUNCTION, REGARDLESS OF THE LEGAL THEORY ON WHICH ANY SUCH DAMAGES MAY BE BASED AND EVEN IF A PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS CLAUSE SHALL LIMIT HID’S OR ITS SUPPLIERS´ LIABILITY FOR DAMAGES WHICH, FOR WHATEVER LEGAL REASON, WERE CAUSED WITH GROSS NEGLIGENCE OR WILFUL INTENT, FOR DAMAGES TO LIFE, BODY AND HEALTH AND FROM THE FOREGOING LIMITATIONS ACCEPTANCE OF A GUARANTEE OR OF A PRODUCT LIABILITY APPLY TO ALL CAUSES OF ACTION RISK OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTYWHICH OTHERWISE MAY NOT BE EXCLUDED BY MANDATORY STATUTORY LAWS. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF HID AND ITS SUPPLIERS FOR ALL DIRECT DAMAGES RELATING TO OR ARISING FROM THIS AGREEMENT, IN THE AGGREGATE, WHETHER ARISING FROM HID’S BREACH OF THIS AGREEMENT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, OR ANY SERVICE PROVIDED IN CONNECTION WITH THE PRODUCTS OR OTHERWISE, SHALL IN NO EVENT EXCEED THE AMOUNT HID RECEIVED FROM CUSTOMER FOR THE PARTICULAR PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY. HID WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE OR LOSS RESULTING FROM THE OPERATION OR PERFORMANCE OF ANY THIRD PARTY WILL PRODUCT OR SERVICE OR ANY SYSTEMS IN WHICH A PRODUCT IS INCORPORATED. THE ABOVE LIMITATIONS OF HID’S LIABILITY SHALL NOT APPLY IN THE EVENT OF FRAUD OR GROSS NEGLIGENCE ON THE PART OF HID OR TO HID’S INDEMNITY OBLIGATIONS UNDER SECTION 11. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HID BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, RELATING TO THIS AGREEMENT INCLUDING BUT NOT LIMITED TO LOSS OF PROFITBUSINESS, REVENUE, DATAPROFITS, CUSTOMERS, OR GOODWILL, USE, DATA OR CLIENT TECHNOLOGY DAMAGEOTHER ECONOMIC ADVANTAGE AND ANY NON-ECONOMIC LOSSES, FAILURE OR MALFUNCTION, REGARDLESS OF THE LEGAL THEORY ON WHICH ANY SUCH DAMAGES MAY BE BASED AND EVEN IF HID HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL FAILURE OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT PURPOSE OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSANY LIMITED REMEDY SPECIFIED HEREIN. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY WILL SELLER’S LIABILITY, WHETHER IN CONTRACT, IN TORT, UNDER WARRANTY, IN NEGLIGENCE, OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE OF THE GOODS AGAINST WHICH CLAIM IS MADE, AND UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, BUSINESS INTERRUPTIONDEMURRAGE CHARGES, REMOVALCOSTS OF SHIPMENT, REINSTALLATIONDOWNTIME, LOST PROFITS, OR REPROCUREMENT COSTSLOST SALES. SELLER’S LIABILITY HEREUNDER SHALL BE LIMITED TO EITHER: (1) THE OBLIGATION TO REPAIR OR REPLACE, LOSS AT SELLER’S DISCRETION, ONLY THOSE PORTIONS OF PROFIT, REVENUE, DATA, CUSTOMERSGOODS PROVEN TO HAVE FAILED TO MEET IN MATERIAL RESPECT THE SPECIFICATIONS ON THE SELLER’S QUOTATION OR ORDER ACKNOWLEDGEMENT AT THE TIME OF SHIPMENT FROM THE SELLER’S FACILITY, OR GOODWILL, (2) REPAYMENT OF OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) CREDIT AGAINST THE PURCHASE PRICE PAID OF SUCH GOODS (INCLUDING TRANSPORTATION CHARGES FORMING PART OF THE INVOICE PRICE). SELLER AND BUYER EXPRESSLY AGREE TO THIS ALLOCATION OF RISK AND THE PRICE STATED FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION GOODS IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED CONSIDERATION IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSLIMITING SELLER’S LIABILITY. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY EXCEPT FOR INDEMNIFICATION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, CREDITOR NAME'S AND ITS LICENSORS' AGGREGATE LIABILITY UNDER THIS AGREEMENT, WHETHER FOR BREACH OR IN TORT, IS LIMITED: (1) FOR MONTHLY CUSTOMERS, TO THE FEES PAID UNDER THIS AGREEMENT FOR THE TWO MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY; AND (2) FOR ANNUAL CUSTOMERS, TO THE FEES PAID UNDER THIS AGREEMENT FOR THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATION IS THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT. IN NO EVENT WILL CREDITOR NAME OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF ANY KIND THIS AGREEMENT (INCLUDING DAMAGES ARISING FROM LOSS OR NATUREDELAYED USE OF EMAIL, INCLUDINGWEB TRAFFIC OR DATA; LOST PROFITS, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, SAVINGS OR REPROCUREMENT COSTS, REVENUE; DAMAGE TO EQUIPMENT; FALSE POSITIVES OR FALSE NEGATIVES; LOSS OF PROFIT, REVENUE, OR DAMAGE TO RECORDS OR DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION; RE-PROCUREMENT COSTS; AND THIRD PARTY CLAIMS AGAINST CUSTOMER) HOWEVER CAUSED AND REGARDLESS OF THE LEGAL THEORY OF LIABILITY, EVEN IF CREDITOR NAME HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR HEREIN FAILS OF WARRANTYITS ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS AGREEMENT WILL LIMIT CREDITOR NAME’S LIABILITY FOR DEATH AND PERSONAL INJURY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE ARPEGGI ENTITIES BE LIABLE (A) FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, EXEMPLARY, PUNITIVECONSEQUENTIAL, OR CONSEQUENTIAL PUNITIVE DAMAGES OF ANY KIND OR NATURE, (INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA, OR PROFITS, BUSINESS INTERRUPTION, REMOVALOR ANY OTHER DAMAGES OR LOSSES, REINSTALLATIONARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE AI MODEL), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE LICENSE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE AI MODEL OR THESE LICENSE TERMS AND WHETHER IN CONTRACT, PRODUCT LIABILITY, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, TORT (INCLUDING STRICT LIABILITY OR GOODWILL, NEGLIGENCE) OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTIONOTHERWISE, EVEN IF THE ARPEGGI ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE LICENSE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE AI MODEL. THE FOREGOING LIMITATIONS MAXIMUM AGGREGATE LIABILITY OF LIABILITY APPLY TO THE ARPEGGI ENTITIES FOR ALL DAMAGES AND CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORYACTION, INCLUDING TORT, INDEMNIFICATION, BREACH OF WHETHER IN CONTRACT, AND BREACH TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, $1,000 OR (II) THE AMOUNTS TOTAL AMOUNT YOU PAID FOR SUBSCRIPTIONS IN THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX TWELVE (612) MONTHS PRECEDING THE CLAIMEVENT GIVING RISE TO LIABILITY. THIS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION IS CUMULATIVE AND OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSAPPLY TO YOU. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY WILL EXCEPT FOR BREACHES STIPULATED IN THE DE-CIX AGREEMENT, OR AMOUNTS PAYABLE PURSUANT TO THE DE-CIX AGREEMENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL DE- CIX BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARYCONSEQUENTIAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL EXEMPLARY DAMAGES OF UNDER ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, LEGAL THEORY (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM PERFORMANCE UNDER OR FAILURE OF PERFORMANCE OF ANY PROVISION OF THE DE-CIX AGREEMENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT FOR BREACHES STIPULATED IN THE FOREGOING LIMITATIONS OF LIABILITY APPLY DE- CIX AGREEMENT, OR AMOUNTS PAYABLE PURSUANT TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORYDE-CIX AGREEMENT, INCLUDING TORTTO THE EXTENT PERMITTED BY APPLICABLE LAW, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL DE-CIX BE LIABLE FOR DAMAGES IN EXCESS OF THE VALUE RECEIVED BY THE OTHER PARTY UNDER THE DE-CIX AGREEMENT. ALL CLAIMS BEYOND THOSE ALLOWED IN THESE DE- CIX TERMS AND CONDITIONS BRA OR IN THE DE-CIX AGREEMENT FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE LOSS 1 December 2024, version 1.0 ▇▇▇.▇▇-▇▇▇.▇▇▇ Page 1 | 2 OR DAMAGE FROM WHATEVER CAUSE ARISING, INCLUDING DAMAGE TO THE CLAIMOTHER PARTY’S PROPERTY, SHALL BE EXCLUDED AND HEREBY WAIVED BY THE OTHER PARTY UNLESS SUCH CLAIM IS MADE BASED ON INTENTIONAL BAD ACTS OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE GROSS NEGLIGENCE BY DE- CIX; IN SUCH CASE, DAMAGES SHALL BE LIMITED TO THE CLAIM THOSE THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL ARE REASONABLY FORESEEABLE AS A RESULT OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART INTENTIONAL BAD ACTS OR GROSS NEGLIGENCE BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSDE-CIX. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY WILL (a) BELL SHALL NOT BE LIABLE FOR ANY (A) DAMAGES, CLAIMS, LOSSES, INJURIES, TAXES, EXPENSES OR COSTS (“DAMAGES”) ARISING OUT OF ANY ERRORS, UNAVAILABILITY OR INTERRUPTIONS IN CONNECTION WITH THE SERVICES OR ANY ACTUAL OR MISSED INSTALLATION APPOINTMENTS; AND/OR (B) INDIRECT, SPECIAL, INCIDENTALCONSEQUENTIAL, EXEMPLARY, PUNITIVE, PUNITIVE OR CONSEQUENTIAL INCIDENTAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, FOR ANY REASON WHATSOEVER. (b) SUBJECT TO ANY OTHER LIMITATION OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS EXCLUSION OF LIABILITY APPLY CONTAINED IN THIS AGREEMENT, ▇▇▇▇’▇ CUMULATIVE LIABILITY TO YOU FOR ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORYSERVICES PROVIDED HEREUNDER FOR DAMAGES, INCLUDING TORT, INDEMNIFICATIONDAMAGES ARISING FROM ▇▇▇▇’▇ NEGLIGENCE, BREACH OF CONTRACT, AND BREACH TORT OR OTHER CAUSES OF WARRANTY. 10.2 IN NO EVENT ACTION, INCLUDING FUNDAMENTAL BREACH, SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AGGREGATE MONTHLY FEES (ILESS ALL DISCOUNTS, INCENTIVES, PROMOTIONS, CREDITS) PAYABLE BY YOU UNDER THE PURCHASE PRICE PAID BELL UTOS FOR THE PRODUCT SERVICES DURING THE 1 MONTH PERIOD BEFORE THE EVENT GIVING RISE TO THE CLAIMDAMAGES, OR (II) THE LESS AMOUNTS PAID (IF ANY) FOR PREVIOUS CLAIMS FOR THE PRODUCT MAINTENANCE SERVICES. BELL SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY CONTENT, APPLICATIONS OR SERVICES GIVING RISE PROVIDED TO YOU BY A THIRD PARTY FOR USE WITH THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION SERVICES EVEN IF BELL IS CUMULATIVE BILLING AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL COLLECTING FEES ON BEHALF OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSSUCH A THIRD PARTY. 10.3 No action arising out (c) Without limiting the generality of the performance foregoing, Bell is not liable for (i) any act or omissions of a telecommunications carrier whose facilities are used in establishing connections to points which Bell does not directly serve; (ii) defamation, trademark, copyright, or any intellectual property right infringement arising from material transmitted or received over ▇▇▇▇’▇ facilities or claims based on a contention that the use of equipment through your account infringes the intellectual property rights of a third party; or (iii) infringement of any Services pursuant to this Agreement may be brought by either party more than two (2) years afterintellectual property right arising from combining or using non-Bell equipment and facilities with the Services.

Limitations of Liability. 10.1 NEITHER PARTY WILL TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 15, IN NO EVENT SHALL: (a) DATADOG, ITS AFFILIATES OR THEIR EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS OR DIRECTORS HAVE ANY LIABILITY TO CUSTOMER OR ANY AUTHORIZED USER FOR ANY LOSSES ARISING OUT OF OR RELATING TO THE RED HAT MARKETPLACE OR CUSTOMER’S AGREEMENT(S) WITH IBM; (b) EITHER PARTY, ITS AFFILIATES OR THEIR EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIALPUNITIVE, INCIDENTAL, EXEMPLARYSPECIAL, PUNITIVECONSEQUENTIAL OR EXEMPLARY DAMAGES, OR CONSEQUENTIAL INCLUDING WITHOUT LIMITATION DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, FOR BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFITPROFITS, REVENUE, DATA, CUSTOMERS, OR GOODWILL, USE, DATA OR CLIENT TECHNOLOGY DAMAGEOTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THIS ▇▇▇▇; AND (c) EITHER PARTY’S CUMULATIVE AND AGGREGATE LIABILITY UNDER THIS ▇▇▇▇ EXCEED THE AMOUNTS PAID TO DATADOG BY IBM UNDER THE APPLICABLE MARKETPLACE ORDER(S), FAILURE INCLUDING PRIOR MARKETPLACE ORDERS FOR THE SAME SERVICES, IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION (COLLECTIVELY, THE “EXCLUSIONS”) APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR MALFUNCTIONANY OTHER BASIS, EVEN IF THE NON- BREACHING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. THE FOREGOING LIMITATIONS OF LIABILITY EXCLUSIONS SHALL NOT APPLY TO ALL CAUSES OF ACTION A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 14 OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, CUSTOMER’S BREACH OF CONTRACTSECTION 7.2. THE PROVISIONS OF THIS SECTION 15 ALLOCATE THE RISKS UNDER THIS ▇▇▇▇ BETWEEN THE PARTIES, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF HAVE RELIED ON THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF EXCLUSIONS IN DETERMINING TO ENTER INTO THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS▇▇▇▇. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY 9.1 IN NO EVENT M-STAR’S TOTAL AND AGGREGATED LIABILITY TO CUSTOMER OR ANY AUTHORIZED USER ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER, IN RESPECT OF ANY CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY EXCEED THE FEES ACTUALLY PAID BY CUSTOMER FOR SUCH SERVICE(S) DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT. THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO (A) A PARTY’S FRAUD OR WILLFUL MISCONDUCT; OR (B) CUSTOMER’S OBLIGATION TO PAY FEES OWED UNDER THIS AGREEMENT. THESE LIMITATIONS OF LIABILITY ARE INDEPENDENT OF ANY EXCLUSIVE REMEDIES, AND WILL SURVIVE AND APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY SPECIFIED REMEDIES. 9.2 IN NO EVENT WILL M-STAR BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVEENHANCED, OR CONSEQUENTIAL DAMAGES PUNITIVE DAMAGES, INCLUDING MALFUNCTIONS, DELAYS, LOSS OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTSDATA, LOSS OF PROFIT, REVENUEINTERRUPTION OF SERVICE OR LOSS OF BUSINESS OR ANTICIPATORY PROFITS, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. 9.3 THE FOREGOING LIMITATIONS FEES CHARGED UNDER THIS AGREEMENT REFLECT THE OVERALL ALLOCATION OF RISK BETWEEN THE PARTIES, INCLUDING BY MEANS OF THE LIMITATION OF LIABILITY APPLY TO ALL CAUSES AND EXCLUSIVE REMEDIES DESCRIBED IN THIS AGREEMENT. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. BARGAIN BETWEEN THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL A MODIFICATION OF THESE PROVISIONS WOULD AFFECT SUBSTANTIALLY THE LIMITATIONS ARE AN ESSENTIAL ELEMENT FEES CHARGED BY M-STAR. IN CONSIDERATION OF THESE FEES, CUSTOMER AGREES TO THIS AGREEMENTALLOCATION OF RISK AND HEREBY WAIVES ANY RIGHT, AND THAT THE PRICES THROUGH EQUITABLE RELIEF OR OTHERWISE, TO SUBSEQUENTLY SEEK A MODIFICATION OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE THESE PROVISIONS OR ALLOCATION OF THE LIMITATIONSRISK. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY IN NO EVENT SHALL ▇▇▇▇▇▇’▇ (INCLUDING ITS SUPPLIERS’) AGGREGATE LIABILITY UNDER THIS ▇▇▇▇ EXCEED THE AMOUNT OF THE SOFTWARE SUBSCRIPTION FEES ACTUALLY PAID BY USER UNDER THE SUBSCRIPTION AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF AN EVENT THAT GIVES RISE TO ANY LIABILITY OF HYLAND. IN NO EVENT WILL HYLAND OR ITS DIRECT OR INDIRECT SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARYCONSEQUENTIAL OR PUNITIVE DAMAGES, PUNITIVEARISING OUT OF OR IN CONNECTION WITH THIS ▇▇▇▇ OR ANY USE OR INABILITY TO USE THE SOFTWARE, OR CONSEQUENTIAL DAMAGES ANY TYPE OF ANY KIND OR NATURECLAIM FOR LOST PROFITS, INCLUDING, WITHOUT LIMITATIONLOST SAVINGS, BUSINESS INTERRUPTIONINTERRUPTION DAMAGES OR EXPENSES, REMOVALTHE COSTS OF SUBSTITUTE SOFTWARE, REINSTALLATIONLOSSES RESULTING FROM ERASURE, DAMAGE, DESTRUCTION OR OTHER LOSS OF FILES, DATA OR PROGRAMS OR THE COST OF RECOVERING SUCH INFORMATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTIONCLAIMS BY THIRD PARTIES, EVEN IF HYLAND OR SUCH SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION DAMAGES OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTYLOSSES. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY WILL BE LIABLE EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN ARTICLE VI ABOVE, HEALTHAXIS GRANTS NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY INDIRECTLICENSED SOFTWARE OR SERVICES, SPECIALINCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE STATED EXPRESS WARRANTIES ARE IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF HEALTHAXIS FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, INCIDENTAL, EXEMPLARY, PUNITIVEUSE, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF ADVISED PERFORMANCE OF THE POSSIBILITY OF SUCH DAMAGESLICENSED SOFTWARE. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF USE OR DATA, OR INTERRUPTION OF BUSINESS SUFFERED OR INCURRED BY THE OTHER OR ANY OTHER PARTY, WHETHER SUCH DAMAGES ARE LABELED IN TORT, CONTRACT, OR INDEMNITY. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL EITHER PARTY BE LIABLE OR OBLIGATED TO THE OTHER IN CONTRACT, TORT OR OTHERWISE FOR ANY CLAIM EXCEED AMOUNT IN EXCESS OF THE AMOUNT OF THE ACTUAL PAYMENTS MADE BY UICI TO HEALTHAXIS DURING THE TWELVE (I12) MONTH PERIOD IMMEDIATELY PROCEEDING THE PURCHASE PRICE PAID FOR THE PRODUCT EVENT OR OCCURENCE GIVING RISE TO THE CLAIMSUCH LIABILITY, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE EACH PARTY'S MAXIMUM LIABILITY HEREUNDER BEING HEREBY LIMITED TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSSUCH AMOUNT. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY EXCEPT FOR INDEMNIFICATION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, UILA'S AND ITS LICENSORS' AGGREGATE LIABILITY UNDER THIS AGREEMENT, WHETHER FOR BREACH OR IN TORT, IS LIMITED: (1) FOR MONTHLY CUSTOMERS, TO THE FEES PAID UNDER THIS AGREEMENT FOR THE TWO MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY; (2) FOR ANNUAL CUSTOMERS, TO THE FEES PAID UNDER THIS AGREEMENT FOR THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY AND (3) FOR PERPETUAL CUSTOMERS, TO AN AMOUNT EQUAL TO THE PERPETUAL LICENSE FEE. THE FOREGOING LIMITATION IS THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT. IN NO EVENT WILL UILA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF ANY KIND THIS AGREEMENT (INCLUDING DAMAGES ARISING FROM LOSS OR NATUREDELAYED USE OF EMAIL, INCLUDINGWEB TRAFFIC OR DATA; LOST PROFITS, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, SAVINGS OR REPROCUREMENT COSTS, REVENUE; DAMAGE TO EQUIPMENT; FALSE POSITIVES OR FALSE NEGATIVES; LOSS OF PROFIT, REVENUE, OR DAMAGE TO RECORDS OR DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION; RE-PROCUREMENT COSTS; AND THIRD PARTY CLAIMS AGAINST CUSTOMER) HOWEVER CAUSED AND REGARDLESS OF THE LEGAL THEORY OF LIABILITY, EVEN IF UILA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR HEREIN FAILS OF WARRANTYITS ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS AGREEMENT WILL LIMIT UILA’S LIABILITY FOR DEATH AND PERSONAL INJURY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER 7.1 CUSTOMER AGREES THAT THE CONSIDERATION WHICH SILKROAD IS CHARGING HEREUNDER DOES NOT INCLUDE CONSIDERATION FOR ASSUMPTION BY SILKROAD OF THE RISK OF CUSTOMER’S INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL EITHER PARTY WILL BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECTLOST PROFITS OR REVENUE OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, COST OF COVER, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVERELIANCE OR EXEMPLARY DAMAGES, OR CONSEQUENTIAL INDIRECT DAMAGES OF ANY TYPE OR KIND HOWEVER CAUSED, WHETHER FROM BREACH OF WARRANTY, BREACH OR NATUREREPUDIATION OF CONTRACT, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATIONNEGLIGENCE, OR REPROCUREMENT COSTS, LOSS ANY OTHER LEGAL CAUSE OF PROFIT, REVENUE, DATA, CUSTOMERS, ACTION FROM OR GOODWILL, IN CONNECTION WITH THIS AGREEMENT (AND WHETHER OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DAMAGES TO THE FOREGOING LIMITATIONS MAXIMUM EXTENT PERMITTED BY LAW). 7.2 EXCEPT WITH REGARD TO AMOUNTS PAYABLE BY CUSTOMER UNDER THIS AGREEMENT THE MAXIMUM LIABILITY OF LIABILITY APPLY EITHER PARTY TO ALL CAUSES THE OTHER OR ANY THIRD PARTY WHATSOEVER ARISING OUT OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORYIN THE CONNECTION WITH THIS AGREEMENT, INCLUDING TORTTHE USE OR OTHER DEPLOYMENT OF THE HOSTED SERVICE, INDEMNIFICATIONWHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON BREACH OR REPUDIATION OF CONTRACT, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after,

Limitations of Liability. 10.1 NEITHER THE LIABILITY OF ANY PARTY WILL BE LIABLE FOR A CLAIM ASSERTED BY ANY INDIRECTOTHER PARTY BASED ON A BREACH OF ANY COVENANT UNDER, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVEAGREEMENT IN, OR CONSEQUENTIAL DAMAGES UNDERTAKING REQUIRED BY, THIS AGREEMENT SHALL NOT EXCEED, IN THE AGGREGATE, AN AMOUNT EQUAL TO THE "MAXIMUM LIABILITY AMOUNT" (AS HEREINAFTER DEFINED) CALCULATED FOR THE FISCAL YEAR (SUBJECT TO THE LAST TWO SENTENCES OF THIS SECTION) IMMEDIATELY PRIOR TO THE YEAR IN WHICH SUCH LIABILITY ARISES; PROVIDED THAT THE MAXIMUM LIABILITY AMOUNT SHALL NOT BE APPLICABLE IN RESPECT OF ANY KIND CLAIMS BASED ON A PARTY'S (i) GROSS NEGLIGENCE, (ii) WILLFUL MISCONDUCT, (iii) IMPROPER USE OR NATUREDISCLOSURE OF CONFIDENTIAL INFORMATION, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS (iv) VIOLATIONS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIMLAW, OR (IIv) INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A PERSON OR ENTITY WHO IS NOT A PARTY HERETO OR THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIMSUBSIDIARY OF A PARTY HERETO. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENTFor purposes hereof, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out "Maximum Liability Amount" means, for any fiscal year, the amount equal to 1.25% of PI's annual gross revenues that are attributable to the use of the performance FNF Title Plants and/or use of the Software, as determined in accordance with generally accepted accounting principles consistently applied throughout the applicable period. In the event that liability hereunder shall arise during the first 2 calendar years of the effectiveness of this Agreement (i.e., arising any time prior to December 31, 2005 ), for purposes of calculating the Maximum Liability Amount, the amount of PI's annual gross revenues shall be equal to the product of (x) the average monthly gross revenues that are attributable to the use of the FNF Title Plants and/or use of the Software for the entire period immediately prior to the date on which such liability arises, multiplied by (y) 12. Without limiting and subject to the foregoing and to Section 7.02, the parties acknowledge that if the obligation to provide Services under this Agreement is terminated pursuant to this Agreement may Sections 8.01(c), (e) or (h), then PI shall be brought liable for compensatory damages in an amount equal to the actual increased marginal costs incurred by either party more than two (2) years afterthe Companies in obtaining updated title plant information from the FNF Title Plants.

Limitations of Liability. 10.1 NEITHER PARTY WILL TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKETING 360 SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVEOR PUNITIVE DAMAGES, LOST PROFITS OR CONSEQUENTIAL DAMAGES REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY KIND BREACH OF THESE TERMS, WHETHER OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF ADVISED OF NOT THE POSSIBILITY OF SUCH DAMAGES. DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORYTHEORY (CONTRACT, INCLUDING TORTTORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, INDEMNIFICATIONAND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT FOR YOUR LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE INDEMNIFICATION SECTION AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, AND BREACH TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE AMOUNTS YOU PAID TO MARKETING 360 FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENTSOLD HEREUNDER. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years afterFOREGOING LIMITATION APPLIES

Limitations of Liability. 10.1 NEITHER EXCEPT FOR (1) THE INDEMNITY OBLIGATIONS IN THIS AGREEMENT, (2) THE CONFIDENTIALITY OBLIGATIONS IN SECTION D, OR (3) LIABILITY DUE TO PERSONAL INJURY OR DEATH CAUSED BY NEGLIGENCE (OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW), ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇’S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL BE LIMITED TO (X) IN THE CASE OF A SUBSCRIPTION AGREEMENT FOR HUBBLE SOFTWARE OR HUBBLE SERVICES, THE AMOUNT OF THE FEES PAID BY CUSTOMER TO ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ OR ITS AUTHORIZED RESELLER FOR THE TWELVE MONTHS PRECEDING THE RELEVANT ACT OR OMISSION AND, IN THE AGGREGATE, THE TOTAL AMOUNTS PAID BY CUSTOMER UNDER THIS AGREEMENT, AND (Y) IN ALL OTHER CASES, THE AMOUNT OF FEES PAID BY CUSTOMER TO ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ OR ITS AUTHORIZED RESELLER FOR THE RELEVANT HUBBLE SOFTWARE OR SUPPORT SERVICES GIVING RISE TO THE LIABILITY. EXCEPT FOR A BREACH OF THE CONFIDENTIALITY OBLIGATIONS IN SECTION D OR ANY BREACH OF ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇’S INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL EITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, NOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, FOR LOSS OF PROFITGOODWILL, REVENUEPROFITS, DATA, CUSTOMERS(OR USE THEREOF), OR GOODWILLBUSINESS INTERRUPTION ARISING OUT OF EITHER PARTY’S ACT OR FAILURE TO ACT, WHETHER SUCH DAMAGES ARE LABELED IN TORT, CONTRACT, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTIONOTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT PURPOSES OF THIS AGREEMENT, AND THAT ANY DAMAGES, FINES OR EQUITABLE REMEDIES PAYABLE TO THIRD PARTIES (INCLUDING AMOUNTS DUE UNDER AN INDEMNIFICATION OBLIGATION SET FORTH HEREIN) SHALL BE CONSTRUED AS DIRECT DAMAGES. THE PRICES LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY EXCLUSIVE REMEDY IN THIS AGREEMENT FAILS OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out ITS ESSENTIAL PURPOSE. The allocations of liability in this Section E represent the agreed and bargained for understanding of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years afterparties and each party’s compensation hereunder reflects such allocations. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇’S THIRD PARTY SUPPLIERS DISCLAIM ANY AND ALL DIRECT LIABILITY TO CUSTOMER AND ITS AFFILIATES UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA AND OTHER SUCH DAMAGES.

Limitations of Liability. 10.1 NEITHER PARTY WILL TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE LIABILITY OF VERIZON WIRELESS OR ITS LICENSORS, AND VENDORS FOR MONETARY DAMAGES FOR ANY CLAIMS, THAT CUSTOMER MAY HAVE UNDER THESE TERMS ARE LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD, AND THE MAXIMUM IN DAMAGES RECOVERABLE SHALL BE TEN ($10) U.S. DOLLARS. UNDER NO CIRCUMSTANCES ARE VERIZON WIRELESS, ITS LICENSORS, AND VENDORS LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, REPUTATION, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES ON ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE SERVICE OR THE INABILITY TO USE THE SERVICE IN ANY WAY WHETHER FORESEEABLE OR NOT OR WHETHER ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. VERIZON WIRELESS SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR PENALTIES (DIRECT OR INDIRECT) AS A RESULT OF MIS-IDENTIFICATION, SPECIALMIS-MANAGEMENT OR BLOCKING OF A CALLER OR FAILURE TO PROPERLY IDENTIFY, INCIDENTAL, EXEMPLARY, PUNITIVE, MANAGE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTYBLOCK A CALLER. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECTLOST PROFITS, GOODWILL, OR REVENUES OR FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTALINDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATIONCOVER, BUSINESS INTERRUPTION, REMOVALOR PUNITIVE DAMAGES IN CONNECTION WITH ANY CLAIM OF ANY NATURE, REINSTALLATIONWHETHER IN CONTRACT, TORT, OR REPROCUREMENT COSTSUNDER ANY THEORY OF LIABILITY, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTIONARISING UNDER THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY A PARTY HAS BEEN GIVEN ADVANCE NOTICE OF SUCH DAMAGESPOSSIBLE DAMAGES OR IF A PARTY’S REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. TO THE FOREGOING LIMITATIONS OF EXTENT PERMITTED BY LAW, EACH PARTY’S ENTIRE LIABILITY APPLY UNDER THIS AGREEMENT WILL NOT EXCEED THE FEES PAID BY CUSTOMER TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF BRANDFOLDER UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID THIS AGREEMENT FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED LIABILITY DURING THE SIX TWELVE (612) MONTHS PRECEDING PRIOR TO THE CLAIMDATE ON WHICH THE LIABILITY AROSE. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. THE LIMITATIONSFOREGOING EXCLUSIONS AND LIABILITY LIMITS IN THIS SECTION 9 SHALL NOT APPLY TO DAMAGES OR LIABILITY RESULTING FROM CLAIMS OR OBLIGATIONS ARISING UNDER SECTIONS 1.2 (RESTRICTIONS) OR 8 (INDEMNIFICATION), INFRINGEMENT OR MISAPPROPRIATION BY A PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, OR CUSTOMER’S OBLIGATION TO PAY FOR SERVICES OR TAXES UNDER THIS AGREEMENT. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY WILL TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 15, IN NO EVENT SHALL DATADOG, ITS AFFILIATES OR THEIR EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS OR DIRECTORS: (a) HAVE ANY LIABILITY TO RESELLER FOR ANY LOSSES ARISING OUT OF OR RELATING TO DISTRIBUTOR, ANY OTHER CONTRACT, THE CUSTOMER ORDER, CUSTOMER’S OR ITS USERS’ ACCESS OR USE OF THE SERVICES, OR RESELLER’S TRANSFER, USE OR PROCESSING OF CUSTOMER INFORMATION OR (b) BE LIABLE FOR ANY INDIRECT, SPECIALPUNITIVE, INCIDENTAL, EXEMPLARYSPECIAL, PUNITIVECONSEQUENTIAL OR EXEMPLARY DAMAGES, OR CONSEQUENTIAL INCLUDING WITHOUT LIMITATION DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, FOR BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFITPROFITS, REVENUE, DATA, CUSTOMERS, OR GOODWILL, USE, DATA OR CLIENT TECHNOLOGY DAMAGEOTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SERVICES OR THESE FLOW-DOWN TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FAILURE EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 15, IN NO EVENT SHALL DATADOG’S CUMULATIVE AND AGGREGATE LIABILITY EXCEED ONE-HALF THE FEES PAID TO DATADOG BY DISTRIBUTOR UNDER THE RESALE ORDER IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION (COLLECTIVELY, THE “EXCLUSIONS”) APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR MALFUNCTIONANY OTHER BASIS, EVEN IF THE NON- BREACHING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. THE FOREGOING LIMITATIONS OF LIABILITY EXCLUSIONS SHALL NOT APPLY TO ALL CAUSES A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 14. THE PROVISIONS OF ACTION OR CLAIMS OF RELIEF THIS SECTION 15 ALLOCATE THE RISKS UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACTTHESE FLOW-DOWN TERMS BETWEEN THE PARTIES, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF HAVE RELIED ON THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED EXCLUSIONS IN PART BY TAKING DETERMINING TO ENTER INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSTHESE FLOW-DOWN TERMS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY WILL TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE LIABILITY OF VERIZON WIRELESS OR ITS LICENSORS, AND VENDORS FOR MONETARY DAMAGES FOR ANY CLAIMS, THAT CUSTOMER MAY HAVE UNDER THESE TERMS ARE LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD, AND THE MAXIMUM IN DAMAGES RECOVERABLE SHALL BE TEN ($10) U.S. DOLLARS. UNDER NO CIRCUMSTANCES ARE VERIZON WIRELESS, ITS LICENSORS, AND VENDORS LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, REPUTATION, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES ON ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE SERVICE OR THE INABILITY TO USE THE SERVICE IN ANY WAY WHETHER FORESEEABLE OR NOT OR WHETHER ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. VERIZON WIRELESS SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR PENALTIES (DIRECT OR INDIRECT) AS A RESULT OF MIS-IDENTIFICATION, SPECIALMIS- MANAGEMENT OR BLOCKING OF A CALLER OR FAILURE TO PROPERLY IDENTIFY, INCIDENTAL, EXEMPLARY, PUNITIVE, MANAGE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTYBLOCK A CALLER. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER IN THE EVENT THAT TREND MICRO HAS NOT ISSUED OR MANAGED A CERTIFICATE IN COMPLETE COMPLIANCE WITH THE CA/BROWSER FORUM BASELINE REQUIREMENTS AND TREND MICRO’S RELATED POLICIES AND SUCH ACTIONS HAVE CAUSED HARM OR INJURY TO A SUBSCRIBER AND/OR RELYING PARTY, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF TREND MICRO TO ANY SUBSCRIBER AND/OR ANY RELYING PARTY WILL FOR ALL CLAIMS RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR FOR THE SERVICES PROVIDED HEREUNDER, (INCLUDING WITHOUT LIMITATION ANY CAUSE OF ACTION OR LEGAL THEORY INVOLVED FOR ANY AND ALL CLAIMS, LOSSES, OR DAMAGES SUFFERED AS A RESULT OF THE USE OR RELIANCE ON SUCH CERTIFICATE FOR LEGALLY RECOGNIZED AND PROVABLE CLAIMS) EXCEED TWO THOUSAND U.S. DOLLARS ($2,000.00) PER SUBSCRIBER OR RELYING PARTY PER EV CERTIFICATE. EXCEPT FOR THE FOREGOING, AND EXCEPT TO THE EXTENT CAUSED BY TREND MICRO'S WILLFUL MISCONDUCT, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF TREND MICRO TO SUBSCRIBERS AND/OR ANY RELYING PARTIES FOR ALL CLAIMS RELATED TO THE INSTALLATION OF, USE OF OR RELIANCE UPON A CERTIFICATE OR FOR THE SERVICES PROVIDED HEREUNDER INCLUDING WITHOUT LIMITATION ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY OR IN ANY OTHER WAY EXCEED TEN THOUSAND U.S. DOLLARS ($10,000.00) IN THE AGGREGATE ALL CLAIMS AND ALL CLAIMANTS PER EV CERTIFICATE. TREND MICRO SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FOR BREACH OF A STATUTORY DUTY OR IN ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, OTHER WAY (EVEN IF TREND MICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR: (I) ANY ECONOMIC LOSS (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS); (II) TO THE EXTENT ALLOWED BY APPLICABLE LAW, ANY LOSS OR DAMAGE RESULTING FROM DEATH OR INJURY OF SUBSCRIBER AND/OR ANY RELYING PARTY OR ANYONE ELSE; (III) ANY LOSS OF GOODWILL OR REPUTATION; OR (IV) ANY OTHER INDIRECT, CONSEQUENTIAL, INCIDENTAL, MULTIPLE, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES IN ANY CASE WHETHER OR NOT SUCH LOSSES OR DAMAGES WERE WITHIN THE CONTEMPLATION OF THE PARTIES AT THE TIME OF THE APPLICATION FOR, INSTALLATION OF, USE OF OR RELIANCE ON THE CERTIFICATE, OR AROSE OUT OF ANY OTHER MATTER OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY SUPPORT SERVICES) UNDER THIS CPS OR WITH REGARD TO THE USE OF OR RELIANCE ON THE CERTIFICATE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO A SUBSCRIBER AND/OR A RELYING PARTY BUT SHALL BE GIVEN EFFECT TO THE FULL EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO ALL CAUSES ON A CERTIFICATE-BY- CERTIFICATE BASIS, REGARDLESS OF ACTION THE NUMBER OF TRANSACTIONS OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACTRELATED TO EACH CERTIFICATE, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE BE APPORTIONED FIRST TO THE CLAIMEARLIER CLAIMS TO ACHIEVE FINAL RESOLUTION. In no event will Trend Micro be liable for any damages to Subscribers, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action Relying Parties or any other party arising out of or related to the performance use or misuse of, or reliance on any Certificate issued under this Agreement or the CPS that: (i) has expired or been revoked; (ii) has been used for any purpose other than as set forth in this Agreement or the CPS (See CPS Section 1.3. for more detail); (iii) has been tampered with; (iv) with respect to which the Key Pair underlying such Certificate or the cryptography algorithm used to generate such Certificate's Key Pair, has been compromised by the action of any Services pursuant party other than Trend Micro (including without limitation the Subscriber or Relying Party); or (v) is the subject of misrepresentations or other misleading acts or omissions of any other party, including but not limited to this Agreement may Subscribers and Relying Parties. In no event shall Trend Micro be brought by either liable to the Subscriber, Relying Party or other party more than two (2) years afterfor damages arising out of any claim that a Certificate infringes any patent, trademark, copyright, trade secret or other intellectual property right of any party.

Limitations of Liability. 10.1 NEITHER PARTY WILL BE LIABLE FOR A. NOTWITHSTANDING ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, OTHER PROVISION IN THIS QUOTATION (INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTIONSECTION 12.D.), REMOVALCATALENT’S TOTAL LIABILITY UNDER THIS QUOTATION SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO CATALENT FOR THE PROJECT, REINSTALLATIONPROVIDED, HOWEVER, THAT SUCH LIMITATION SHALL NOT APPLY TO OR REPROCUREMENT COSTSIN ANY MANNER LIMIT, CATALENT’S OR ITS AFFILIATES’ LIABILITY FOR CLAIMS ARISING FROM CATALENT’S OR ITS AFFILIATES’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. B. NOTWITHSTANDING THE FOREGOING, CATALENT’S TOTAL LIABILITY FOR ANY LOSS OF PROFITANY MATERIALS PROVIDED BY CUSTOMER SHALL NOT EXCEED $[ * ] PER OCCURRENCE. C. NOTWITHSTANDING ANY OTHER PROVISION IN THIS QUOTATION, REVENUECUSTOMER’S TOTAL LIABILITY FOR BREACH OF THIS QUOTATION SHALL NOT EXCEED THE TOTAL AMOUNT OWED BY CUSTOMER TO CATALENT FOR THE PROJECT IN ACCORDANCE WITH SECTION 7, DATAPROVIDED, CUSTOMERSHOWEVER, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF THAT SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY LIMITATION SHALL NOT APPLY TO ALL CAUSES OF ACTION OR IN ANY MANNER LIMIT CUSTOMER’S OBLIGATION TO INDEMNIFY CATALENT FOR THIRD PARTY CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTYSECTION 16. 10.2 D. IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY CLAIM EXCEED SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME), WHETHER OR NOT FORESEEABLE, ARISING FROM OR RELATING TO THIS QUOTATION OR THE SUBJECT MATTER HEREOF, PROVIDED, HOWEVER, THAT THE LIMITATION IN THIS SECTION 12.D. SHALL NOT APPLY (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIMEXTENT THAT ANY INDEMNIFICATION [ * ] = Certain information on this document has been redacted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. OBLIGATIONS SET FORTH IN SECTION 16 ARE DEEMED TO BE CONSEQUENTIAL DAMAGES, (II) TO ANY DAMAGES RESULTING SOLELY FROM A PARTY’S USE OR DISCLOSURE OF THE OTHER PARTY’S CONFIDENTIAL INFORMATION IN BREACH OF SECTION 13 OR THE CDA, OR (IIIII) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL ANY DAMAGES RESULTING FROM A PARTY’S BREACH OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSITS OBLIGATIONS RELATING TO INTELLECTUAL PROPERTY UNDER SECTION 14. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF HID AND ITS SUPPLIERS FOR ALL DIRECT DAMAGES RELATING TO OR ARISING FROM THIS AGREEMENT, IN THE AGGREGATE, WHETHER ARISING FROM HID’S BREACH OF THIS AGREEMENT, BREACH OF WARRANTY, NEGLIGENCE (WHETHER ACTIVE, AFFIRMATIVE OR GROSS), STRICT LIABILITY, OR OTHER TORT, OR ANY SERVICE PROVIDED IN CONNECTION WITH THE PRODUCTS OR OTHERWISE, SHALL IN NO EVENT EXCEED THE AMOUNT HID RECEIVED FROM CUSTOMER FOR THE PARTICULAR PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY. HID WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE OR LOSS RESULTING FROM THE OPERATION OR PERFORMANCE OF ANY THIRD PARTY WILL PRODUCT OR SERVICE OR ANY SYSTEMS IN WHICH A PRODUCT IS INCORPORATED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HID BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY KIND OR NATURERELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITBUSINESS, REVENUE, DATAPROFITS, CUSTOMERS, OR GOODWILL, USE, DATA OR CLIENT TECHNOLOGY DAMAGEOTHER ECONOMIC ADVANTAGE AND ANY NON-ECONOMIC LOSSES, FAILURE OR MALFUNCTION, REGARDLESS OF THE LEGAL THEORY ON WHICH ANY SUCH DAMAGES MAY BE BASED AND EVEN IF HID HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL FAILURE OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT PURPOSE OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSANY LIMITED REMEDY SPECIFIED HEREIN. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY WILL NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, EXCEPT FOR DAMAGES RESULTING FROM UNAUTHORIZED USE OR DISCLOSURE OF CONFIDENTIAL INFORMATION AND SAP’S RIGHT TO COLLECT UNPAID FEES, UNDER NO CIRCUMSTANCES AND REGARDLESS OF THE NATURE OF ANY CLAIM SHALL EITHER SAP (OR ITS AFFILIATES OR SAP’S LICENSORS) BE LIABLE TO BPO, ANY CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR AN AMOUNT OF DAMAGES IN EXCESS OF THE FEES PAID FOR THE APPLICABLE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE INCIDENT GIVING RISE TO LIABLITY AND UNDER NO CIRCUMSTANCES IN THE AGGREGATE FOR ALL CLAIMS TO EXCEED THE AMOUNT PAID TO SAP DURING THE TERM OF THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL SAP, ITS AFFILIATES OR SAP’S LICENSORS BE LIABLE IN ANY INDIRECT, AMOUNT FOR SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVECONSEQUENTIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTSINDIRECT DAMAGES, LOSS OF PROFITGOOD WILL OR BUSINESS PROFITS, REVENUEWORK STOPPAGE, DATADATA LOSS, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, COMPUTER FAILURE OR MALFUNCTION, OR EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTYTHEREOF. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER SERVICE PROVIDER’S LIABILITY FOR DAMAGES OR COSTS ARISING FROM ERRORS, OUTAGES, OR FAILURES OF SERVICE, LACK OF SECURITY IN USE OF SERVICE, OR DEFECTS OR MALFUNCTIONS OF THE FACILITIES, OCCURRING IN THE COURSE OF PERFORMING UNDER THIS AGREEMENT, REGARDLESS OF THE LEGAL BASIS FOR SUCH CLAIM, SHALL IN ANY EVENT BE LIMITED TO AN AMOUNT EQUAL TO THE PROPORTIONATE CHARGE TO THE DEPARTMENT FOR THE PERIOD OF SERVICE DURING WHICH SUCH ERRORS, OUTAGES, FAILURES, DEFECTS, OR MALFUNCTIONS OF EQUIPMENT OCCUR, SUBJECT TO THE ADDITIONAL LIMITATIONS BELOW. THE ABOVE LIMITATION DOES NOT INCLUDE ANY POTENTIAL LIABILITY FOR INTENTIONAL TORTS. NO PARTY WILL SHALL BE LIABLE TO ANOTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARYINDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND DAMAGES, INCLUDING LOST DATA OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, RECORDS (EXCEPT TO THE EXTENT THE SERVICE PROVIDER IS REQUIRED TO BACK-UP DATA OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTIONRECORDS), EVEN IF THE PARTY HAS BEEN ADVISED THAT SUCH DAMAGES ARE POSSIBLE. NO PARTY SHALL BE LIABLE FOR LOST PROFITS, LOST REVENUE, OR LOST INSTITUTIONAL OPERATING SAVINGS. THE DEPARTMENT ACKNOWLEDGES THAT SERVICE IS MADE AVAILABLE TO EQUIPMENT ONLY WHEN THE EQUIPMENT IS WITHIN OPERATING RANGE OF THE POSSIBILITY FACILITIES LOCATED WITHIN THE WIRELESS SYSTEM. SERVICE MAY BE TEMPORARILY REFUSED, INTERRUPTED OR LIMITED FOR MANY REASONS. INDIVIDUAL CONNECTIONS MAY BE “DROPPED” (I.E., INVOLUNTARILY DISCONNECTED) FOR A VARIETY OF REASONS AS WELL. SERVICE PROVIDER SHALL INCUR NO LIABILITY FOR ITS INABILITY TO PROVIDE ADEQUATE SERVICES HEREUNDER IF SUCH DAMAGESINABILITY IS DUE TO THE LACK OF NETWORK COVERAGE, NETWORK CAPACITY, OR TO CAUSES BEYOND THE SERVICE PROVIDER’S REASONABLE CONTROL. NOR SHALL SERVICE PROVIDER BE RESPONSIBLE FOR ANY ACT OR OMISSION RELATED TO THIRD PARTY EQUIPMENT OR SYSTEMS USED IN CONNECTION WITH THE FOREGOING LIMITATIONS OF LIABILITY APPLY SERVICE. WIRELESS SYSTEMS USE RADIO CHANNELS TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACTTRANSMIT VOICE AND DATA COMMUNICATIONS OVER A COMPLEX NETWORK, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) PRIVACY CANNOT BE GUARANTEED. SO LONG AS THE PURCHASE PRICE PAID FOR SERVICE PROVIDER HAS TAKEN REASONABLE PRECAUTIONS AND COMPLIED WITH THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT TERMS OF THIS AGREEMENT, THE DEPARTMENT AGREES THAT SERVICE PROVIDER SHALL NOT BE LIABLE TO THE DEPARTMENT OR TO END USERS FOR ANY SUCH LACK OF PRIVACY. FOR ALL CLAIMS AGAINST SERVICE PROVIDER RELATING TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE REGARDLESS OF THE LIMITATIONSBASIS ON WHICH THE CLAIMS ARE MADE, THE SERVICE PROVIDER’S LIABILITY FOR DIRECT DAMAGES SHALL BE LIMITED TO $1,000,000. THESE LIMITATIONS SHALL NOT APPLY TO CLAIMS ARISING UNDER THE INDEMNIFICATION PROVISIONS IN THIS AGREEMENT, OR UNDER SECTIONS 15.10 (COMPLIANCE WITH LAWS) OR 15.11 (E-RATE) OF THIS AGREEMENT. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY WILL TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKETING 360® SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVEOR PUNITIVE DAMAGES, LOST PROFITS OR CONSEQUENTIAL DAMAGES REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY KIND BREACH OF THESE TERMS, WHETHER OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF ADVISED OF NOT THE POSSIBILITY OF SUCH DAMAGES. DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORYTHEORY (CONTRACT, INCLUDING TORTTORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, INDEMNIFICATIONAND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT FOR YOUR LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE INDEMNIFICATION SERCTION AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, AND BREACH TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE AMOUNTS YOU PAID TO MARKETING 360® FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSSOLD HEREUNDER. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY.OTHER 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years afterafter such cause of action accrues, except that an action for nonpayment may be brought within two (2) years of the date of the last payment.

Limitations of Liability. 10.1 NEITHER PARTY WILL TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVEPUNITIVE OR CONSEQUENTIAL DAMAGES, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTSLOST PROFITS, LOSS OF PROFITUSE, REVENUE, DATA, CUSTOMERS, LOSS OF DATA OR LOSS OF GOODWILL, OR CLIENT TECHNOLOGY DAMAGETHE COSTS OF PROCURING SUBSTITUTE PRODUCTS, FAILURE ARISING OUT OF OR MALFUNCTION, EVEN IF ADVISED IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE POSSIBILITY OF SOFTWARE, WHETHER SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ARISES FROM ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, CLAIM BASED UPON BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 , TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT SHALL CLIENTWILL NVIDIA’S RECOVERY FROM WINMILL AND ITS AFFILIATES TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED THE NET AMOUNTS RECEIVED BY NVIDIA OR ITS AFFILIATES FOR ANY CLAIM EXCEED (I) YOUR USE OF THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED PARTICULAR SOFTWARE DURING THE SIX TWELVE (612) MONTHS PRECEDING BEFORE THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENTLIABILITY AROSE (or up to US$10.00 if you obtained the SOFTWARE license at no charge). THE PARTIES NATURE OF THE LIABILITY OR THE NUMBER OF CLAIMS OR SUITS SHALL NOT ENLARGE OR EXTEND THIS LIMIT. YOU ACKNOWLEDGE AND AGREE THAT ALL THE SOFTWARE (AND ANY OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENTITS COMPONENTS) IS NOT INTENDED FOR USE WITHOUT FURTHER TESTING, AND INCLUDING IN A HEALTHCARE CONTEXT OR FOR A HEALTHCARE RELATED PURPOSE, AS PROVIDED TO YOU. YOU ACKNOWLEDGE THAT THE PRICES SOFTWARE DELIVERED IS NOT A FINAL PRODUCT AND HAS NOT BEEN DESIGNED, TESTED OR CERTIFIED BY NVIDIA FOR USE IN CONNECTION WITH THE DESIGN, CONSTRUCTION, MAINTENANCE, AND/OR OPERATION OF SERVICES ANY SYSTEM OR APPLICATION WHERE THE USE OR FAILURE OF SUCH SYSTEM OR APPLICATION CAN REASONABLY BE EXPECTED TO RESULT IN A SITUATION THAT THREATENS THE SAFETY OF HUMAN LIFE OR RESULTS IN CATASTROPHIC DAMAGES INCLUDING SEVERE PHYSICAL HARM OR PROPERTY DAMAGE (INCLUDING, FOR EXAMPLE, USE IN CONNECTION WITH ANY HEALTHCARE OR OTHER CRITICAL OR HIGH-RISK APPLICATION). NVIDIA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, IN WHOLE OR IN PART, FOR ANY CLAIMS OR DAMAGES ARISING FROM SUCH USE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY PRODUCT OR SERVICE DEVELOPED WITH THE SOFTWARE AS A WHOLE INCLUDES SUFFICIENT FEATURES TO COMPLY WITH ALL APPLICABLE LEGAL AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out REGULATORY STANDARDS AND REQUIREMENTS. These exclusions and limitations of liability shall apply regardless if NVIDIA or its affiliates have been advised of the performance possibility of such damages, and regardless of whether a remedy fails its essential purpose. These exclusions and limitations of liability form an essential basis of the bargain between the parties, and, absent any Services pursuant to of these exclusions or limitations of liability, the provisions of this Agreement may Agreement, including, without limitation, the economic terms, would be brought by either party more than two (2) years aftersubstantially different.

Limitations of Liability. 10.1 NEITHER PARTY WILL BE 8.1 BETACOM ASSUMES NO LIABILITY FOR ANY DAMAGE TO, OR LOSS OF, ANY EQUIPMENT THAT IS INSTALLED AT THE CUSTOMER LOCATION RESULTING FROM ANY CAUSE OTHER THAN THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF BETACOM. TO THE EXTENT BETACOM IS LIABLE FOR ANY DAMAGE TO, OR LOSS OF, EQUIPMENT FOR ANY REASON, SUCH LIABILITY WILL BE LIMITED SOLELY TO THE REPLACEMENT VALUE OF THE EQUIPMENT, EXCLUDING LOST DATA , SOFTWARE AND FIRMWARE. 8.2 BETACOM DOES NOT UNDERTAKE TO PERFORM ANY REGULATORY OR CONTRACTUAL OBLIGATION OF THE CUSTOMER OR TO ASSUME ANY RESPONSIBILITY FOR THE CUSTOMER’S BUSINESS OR OPERATIONS. 8.3 BETACOM SHALL HAVE NO LIABILITY ARISING FROM OR RELATING TO ANY CUSTOMER EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, THE SELECTION THEREOF OR FAILURE OF SUCH CUSTOMER EQUIPMENT TO PERFORM IN ACCORDANCE WITH SPECIFICATIONS OR ANY DEFECTS THEREIN. RESPONSIBILITY FOR THE SELECTION OF CUSTOMER EQUIPMENT, AND ANY PERFORMANCE OR FUNCTIONALITY ISSUES, OR DEFECTS THEREIN, SHALL LIE SOLELY WITH THE MANUFACTURER(S) OR SUPPLIER(S) THEREOF. 8.4 EXCEPT FOR A PARTY’S GROSS NEGLIGENCE AND/OR WILLFUL MISCONDUCT, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY UNDER ANY CLAIM OR CIRCUMSTANCE (INCLUDING WITHOUT LIMITATION ANY CIRCUMSTANCE INVOLVING A FINDING THAT A WARRANTY OR REMEDY UNDER THIS AGREEMENT HAS FAILED OF ITS ESSENTIAL PURPOSE), WHETHER THE CLAIM SOUNDS IN CONTRACT, TORT, OR OTHER LEGAL THEORY, FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, INCIDENTALOR PUNITIVE DAMAGES, EXEMPLARY, PUNITIVE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATALOST SALES, CUSTOMERS, OR LOST GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTIONLOSS OF USE OF A PRODUCT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT 8.5 BETACOM SHALL CLIENT’S RECOVERY FROM WINMILL FOR NOT BE LIABLE TO CUSTOMER OR ANY CLAIM EXCEED THIRD PARTY FOR: (I) ANY DAMAGE THAT CUSTOMER OR ANY USER MAY SUFFER ARISING OUT OF THE PURCHASE PRICE PAID FOR USE OF OR THE PRODUCT GIVING RISE INABILITY TO USE THE CLAIM, PRIVATE NETWORK UNLESS SUCH DAMAGE IS CAUSED BY AN INTENTIONAL OR A GROSSLY NEGLIGENT ACT OF BETACOM; (II) ANY LOSS OF DATA OR THE AMOUNTS INACCURACY OF DATA; (III) THE CONTENT OF INFORMATION OR DATA PROVIDED OR TRANSMITTED BY CUSTOMER OR ANY USER; (IV) DAMAGES RESULTING FROM DELAYS DUE TO A FORCE MAJEURE EVENT AS DESCRIBED HEREIN; (V) SERVICE IMPAIRMENTS CAUSED BY ACTS WITHIN THE CONTROL OF CUSTOMER, ITS EMPLOYEES, AGENTS, SERVANTS, OR SUBCONTRACTORS; (VI) INTEROPERABILITY OF SPECIFIC CUSTOMER APPLICATIONS; (VII) CUSTOMER’S INABILITY TO ACCESS OR INTERACT WITH OTHERS THROUGH THE PRIVATE NETWORK; OR (VIII) PERFORMANCE IMPAIRMENTS CAUSED CUSTOMER OR THIRD PARTIES. 8.6 Customer’s Private Network may have potential security vulnerabilities, even with the 5GaaS Services, including, but not limited to, the vulnerability of the system to (a) access from persons within Customer’s organization which exceeds the authority granted to such persons; (b) snooper attacks by persons on a LAN to obtain and then misuse passwords and access codes and other data; (c) physical access to equipment at Customer sites; (d) physical access to passwords and access codes or tokens and other data written on paper or other substance or stored on magnetic media or in some other way. This section is not intended to be an exhaustive list of possible bad acts of third parties, but merely examples of possibilities. Consequently, the 5GaaS Services should be regarded as one tool which can be used as part of Customer’s overall security strategy, but not as a total solution. Betacom does not guarantee that the 5GaaS Services will eliminate all risk or prevent all damage from one or more network or system security breaches. 8.7 BY REASON OF THIS DISCLAIMER, CUSTOMER ACKNOWLEDGES AND AGREES THAT IF CUSTOMER IS DISSATISFIED WITH THE 5GAAS SERVICES PROVIDED HEREUNDER CUSTOMER’S SOLE REMEDY IS TO TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS. NOTWITHSTANDING ANYTHING CONTAINED HEREIN OR ELSEWHERE, ANY RECOVERY OR DAMAGES AWARD TO WHICH CUSTOMER IS ENTITLED BY LAW SHALL NOT EXCEED AN AMOUNT EQUAL TO ONE TWELFTH OF THE MOST RECENTLY PAID FOR THE PRODUCT MAINTENANCE OR ANNUAL MANAGED SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIMFEE. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL THE LIMITED WARRANTY AND LIMITATION OF THE LIMITATIONS LIABILITY ARE AN ESSENTIAL ELEMENT ELEMENTS OF THIS AGREEMENT, AND THAT THE PRICES SAME SHALL NOT BE MODIFIED EXCEPT BY EXPRESS WRITTEN AGREEMENT SIGNED BY BOTH PARTIES. FOR PURPOSES OF SERVICES THIS SECTION, "BETACOM" IS DEEMED TO INCLUDE ITS SUBCONTRACTORS AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSSUPPLIERS. 10.3 No action arising out 8.8 Customer acknowledges that the limited warranty and limitation of liability were considered by Betacom in establishing the prices and rates charged to Customer, which, but for these limitations, would have been higher. The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed of their essential purpose. 8.9 All claims hereunder must be brought within one (1) year of the performance date of any Services pursuant the occurrence of the event giving rise to this Agreement may be brought by either party more than two (2) years aftersuch claim, or such claim or cause of action is barred.

Limitations of Liability. 10.1 NEITHER PARTY WILL IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF AIRCALL OR ITS AFFILIATES EXCEED ONE TIME THE TOTAL AMOUNTS PAID OR PAYABLE BY CUSTOMER DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM GIVING RISE TO SUCH DAMAGES OR ONE HUNDRED EUROS (100€) IF FOR A FREE TRIAL PERIOD. IN NO EVENT SHALL AIRCALL OR ITS AFFILIATES BE LIABLE FOR FOR: (I) ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVEREPUTATIONAL, SPECIAL, OR CONSEQUENTIAL PUNITIVE DAMAGES OF ANY KIND SUCH AS LOSS OF DATA OR NATUREPROFIT, INCLUDING, WITHOUT LIMITATION, OR BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFITBUSINESS OPPORTUNITY, REVENUEHARM TO THE IMAGE OR REPUTATION, DATAWHETHER IN ANY OF THE FOREGOING, CUSTOMERSARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR GOODWILL, STRICT LIABILITY) OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, ANY OTHER THEORY OF LIABILITY EVEN IF ADVISED AIRCALL OR ITS AFFILIATES HAVE BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES ANY CLAIM OR CAUSE OF ACTION RESULTING FROM CUSTOMER’S USE OF THE SITE AND THE SERVICES MUST BE PROVIDED OFFICIALLY IN WRITING TO AIRCALL BY REGISTERED MAIL WITH RECEIPT ACKNOWLEDGEMENT ADDRESSED TO ITS HEAD OFFICE WITHIN ONE (1) YEAR AFTER THE CLAIM OR CLAIMS CAUSE OF RELIEF UNDER ANY OTHER LEGAL ACTION HAS ARISEN OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT IT SHALL CLIENT’S RECOVERY FROM WINMILL FOR BE DEEMED WAIVED BY CUSTOMER. ANY CLAIM EXCEED OR CAUSE OF ACTION RESULTING FROM CUSTOMER’S ACCESS TO AND/OR USE OF THE SITE AND/OR THE SERVICES MUST BE PROVIDED IN WRITING TO AIRCALL BY REGISTERED MAIL WITH RECEIPT ACKNOWLEDGEMENT ADDRESSED TO ITS HEAD OFFICE IN ACCORDANCE WITH THE NOTIFICATION REQUIREMENTS SET FORTH HEREUNDER, WITHIN ONE (I1) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO YEAR AFTER THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OR CAUSE OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART ACTION HAS ARISEN OR IT SHALL BE DEEMED WAIVED BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSCUSTOMER. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE: (A) IN NO EVENT SHALL EITHER PARTY WILL BE LIABLE FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR DATA, OR INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OTHER ECONOMIC LOSS ARISING FROM OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTIONRELATING TO THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. , HOWEVER CAUSED, AND (B) NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE FOREGOING LIMITATIONS OF CONTRARY, EACH PARTY’S ENTIRE LIABILITY APPLY ARISING FROM OR RELATING TO ALL CAUSES OF ACTION THIS AGREEMENT OR CLAIMS OF RELIEF THE SUBJECT MATTER THEREOF, UNDER ANY OTHER LEGAL OR EQUITABLE THEORYTHEORY (WHETHER IN CONTRACT, INCLUDING TORT, INDEMNIFICATIONINDEMNITY OR OTHERWISE) WILL BE LIMITED IN EACH INSTANCE TO THE AMOUNT OF ACTUAL DAMAGES INCURRED BY THAT PARTY, BREACH OF CONTRACTPROVIDED, AND BREACH OF WARRANTY. 10.2 HOWEVER, THAT IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY THE AGGREGATE LIABILITY EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO QOMPLX UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE THE FIRST CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO SUCH LIABILITY AROSE (OR, IF SUCH FIRST CLAIM AROSE DURING THE CLAIMINITIAL TWELVE (12) MONTHS OF THE TERM, THE FEES PAID OR PAYABLE BY CUSTOMER WITH RESPECT TO THE INITIAL TWELVE (12) MONTHS OF THE TERM). IN NO EVENT SHALL QOMPLX BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES ARISING OUT OF OR RESULTING FROM ANY CUSTOMER’S CONTENT, RECOMMENDATIONS, AUTONOMOUS ACTIONS, THIRD-PARTY CONTENT, OR (II) THE AMOUNTS PAID THIRD- PARTY SERVICES OR FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL CLAIMS MADE A SUBJECT OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT A LEGAL PROCEEDING AGAINST QOMPLX MORE THAN TWO YEARS AFTER ANY SUCH CAUSE OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSACTION FIRST AROSE. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER IN NO EVENT SHALL EITHER PARTY WILL BE LIABLE FOR LOST PROFITS OR BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, (INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTIONCLAIMS RELATED TO DIAGNOSTIC ACCURACY AND/OR MEDICAL MALPRACTICE), REMOVALREGARDLESS OF WHETHER SUCH DAMAGES ARISE UNDER ANY THEORY OF TORT, REINSTALLATIONCONTRACT, STRICT LIABILITY, OR REPROCUREMENT COSTSOTHERWISE, LOSS AND REGARDLESS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF WHETHER SUCH PARTY IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. EXCEPTING INSTANCES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND THE FOREGOING LIMITATIONS SPECIFIC OBLIGATIONS OF EFL UNDER SECTION 6.1, THE CUSTOMER ACKNOWLEDGES AGGREGATE LIABILITY OF IMPACT APPLICATIONS, INC. TO THE EFL FOR ANY AND ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER SHALL NOT EXCEED THE FEES PAID BY EFL TO IMPACT APPLICATIONS, INC., DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH ANY SUCH CLAIM FIRST ARISES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY LIABILITY ON THE PART OF THE EFL TO THE CUSTOMER (INCLUDING UNDER ANY LIMITATION OF LIABILITY APPLY ABOVE IN THIS SECTION 6.3 OR ANY INDEMNITY OR OTHERWISE) WILL BE FURTHER LIMITED SUCH THAT THE CUSTOMER SHALL ONLY BE ENTITLED TO RECEIVE A PRO-RATA AMOUNT OF ANY SUMS THE EFL ACTUALY RECOVERS FROM IMPACT APPLICATIONS, AS ANY AMOUNT RECOVERED FROM IMPACT APPLICATIONS SHALL BE APPORTIONED BY THE EFL ON A PRO-RATA BASIS BETWEEN ALL CAUSES THOSE CUSTOMERS WHICH ARE MEMBER CLUBS OF ACTION OR CLAIMS THE EFL AND ARE AFFECTED BY THE EVENT GIVING RISE TO LIABILITY. THE EFL SHALL MAKE SUCH PRO-RATA PAYMENT TO THE CUSTOMER WITHIN 30 DAYS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH RECEIPT OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENTAGGREGATE MONIES FROM IMPACT APPLICATIONS. SUCH PRO-RATA PAYMENT BEING THE CUSTOMER’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID SOLE REMEDY FOR THE PRODUCT EVENT(S) GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSLIABILITY HEREUNDER. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 STREAM ENERGY WILL ENDEAVOR TO PROVIDE SERVICE IN A COMMERCIALLY REASONABLE MANNER: HOWEVER WE DO NOT GUARANTEE A CONTINUOUS SUPPLY OF ELECTRICAL ENERGY. EVENTS THAT ARE OUTSIDE OF OUR CONTROL, REFERRED TO AS FORCE MAJEURE EVENTS, MAY RESULT IN SERVICE INTERRUPTIONS. STREAM WILL NOT BE LIABLE FOR SERVICE INTERRUPTIONS CAUSED BY FORCE MAJEURE EVENTS. STREAM ENERGY DOES NOT GENERATE ELECTRICITY, NOR DOES IT TRANSPORT IT FROM THE GENERATION POINT TO CUSTOMER’S SERVICE ADDRESS. ACCORDINGLY, CUSTOMER AGREES, CONSENTS TO, AND UNDERTSANDS THAT STREAM ENERGY IS NOT LIABLE FOR DAMAGES CAUSED BY EVENTS OF NEGLIGENCE, INCLUDING GROSS NEGLIGENCE, BY ANY EMPLOYEE, AFFILIATE, VENDOR OR CONTRACTOR OF STREAM ENERGY, OR OF FORCE MAJEURE, INCLUDING ACTS OF GOD, ACTS OF ANY GOVERNMENTAL AUTHORITY, ACCIDENTS, STRIKES, LABOR TROUBLE, EVENTS OF FORCE MAJEURE OCCURRING WITH RESPECT TO THIRD PARTY SYSTEMS OR ASSETS, OR ANY CAUSE BEYOND OUR CONTROL. FURTHERMORE, CUSTOMER SPECIFICALLY AGREES THAT STREAM ENERGY HAS NO LIABILITY OR RESPONSIBILITY FOR THE OPERATIONS OF THE LOCAL DISTRIBUTION UTILITY OR INDEPENDENT OPERATOR AND MAINTENANCE OF ITS SYSTEM OR THE ELECTRICAL GRID SYSTEM, AS APPLICABLE, OR FOR INTERRUPTIONS, TERMINATION, OR DETERIORATION OF THAT SERVICE. IF THE LOCAL DISTRIBUTION UTILITY OR OTHER THIRD PARTY EXPERIENCES AN EVENT OF FORCE MAJEURE, THAT, DIRECTLY OR INDIRECTLY, AFFECTS THE DELIVERY AND CUSTOMER’S RECEIPT OF ELECTRICITY, STREAM ENERGY IS LIKEWISE ENTITLED TO CLAIM AN EVENT OF FORCE MAJEURE UNDER THE TERMS OF SERVICE. LIABILITIES NOT EXCUSED BY REASON OF FORCE MAJEURE OR OTHERWISE SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY AND SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES AT LAW OR IN EQUITY ARE WAIVED. NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIALCONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES INDIRECT DAMAGES. THESE LIMITATIONS APPLY WITHOUT REGARD TO THE CAUSE OF ANY KIND LIABILITY OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN THERE ARE NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE THIRD PARTY BENEFICIARIES TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL TERMS OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSSERVICE. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY WILL IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF AIRCALL OR ITS AFFILIATES EXCEED ONE TIME THE TOTAL AMOUNTS PAID OR PAYABLE BY CUSTOMER DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM GIVING RISE TO SUCH DAMAGES OR ONE HUNDRED DOLLARS (US$100) IF FOR A FREE TRIAL PERIOD. IN NO EVENT SHALL AIRCALL OR ITS AFFILIATES BE LIABLE FOR FOR: (I) ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVEREPUTATIONAL, SPECIAL, OR CONSEQUENTIAL PUNITIVE DAMAGES OF ANY KIND SUCH AS LOSS OF DATA OR NATUREPROFIT, INCLUDING, WITHOUT LIMITATION, OR BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFITBUSINESS OPPORTUNITY, REVENUEHARM TO THE IMAGE OR REPUTATION, DATAWHETHER IN ANY OF THE FOREGOING, CUSTOMERSARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR GOODWILL, STRICT LIABILITY) OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, ANY OTHER THEORY OF LIABILITY EVEN IF ADVISED AIRCALL OR ITS AFFILIATES HAVE BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES ANY CLAIM OR CAUSE OF ACTION OR CLAIMS RESULTING FROM CUSTOMER’S USE OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, THE SITE AND BREACH OF WARRANTY. 10.2 THE SERVICES MUST BE PROVIDED OFFICIALLY IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED WRITING TO AIRCALL BY REGISTERED MAIL WITH RECEIPT ACKNOWLEDGEMENT ADDRESSED TO ITS HEAD OFFICE WITHIN ONE (I1) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO YEAR AFTER THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OR CAUSE OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART ACTION HAS ARISEN OR IT SHALL BE DEEMED WAIVED BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSCUSTOMER. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY WILL GE, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIALINCIDENTAL, INCIDENTALPUNITIVE, EXEMPLARY, PUNITIVESPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATIONDAMAGES, OR REPROCUREMENT COSTS, FOR ANY LOSS OF PROFITPROFITS OR REVENUE, REVENUEUSE, GOODWILL, DATA, CUSTOMERSOR COSTS OF SUBSTITUTE GOODS OR SERVICES, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF ADVISED REGARDLESS OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS THEORY OF LIABILITY APPLY (INCLUDING NEGLIGENCE). CUSTOMER IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF CUSTOMER EQUIPMENT. EXCEPT TO ALL CAUSES OF ACTION THE EXTENT DIRECTLY CAUSED BY GE’S NON-COMPLIANCE WITH THE APPLICABLE GE DATA PROTECTION PLANS, GE SHALL HAVE NO LIABILITY ARISING FROM CYBERATTACKS OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORYUNAUTHORIZED INTRUSIONS. GE, INCLUDING TORTITS AFFILIATES AND LICENSORS, INDEMNIFICATIONSHALL NOT BE LIABLE FOR CLAIMS ARISING OUT OF THIS AGREEMENT IN A CUMULATIVE AMOUNT EXCEEDING CUSTOMER’S ACTUAL DIRECT DAMAGES, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) UP TO THE PURCHASE PRICE AMOUNTS PAID BY CUSTOMER FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIMLIABILITY, OR (II) AND, IN THE CASE OF HOSTED SERVICES, UP TO THE AMOUNTS PAID FOR BY CUSTOMER IN THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX ONE (61) MONTHS YEAR PERIOD PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY KIND OR NATURERELATED TO THIS AGREEMENT, INCLUDINGINCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, WITHOUT LIMITATIONGOODWILL USE, BUSINESS INTERRUPTIONDATA OR OTHER INTANGIBLE LOSSES, REMOVAL, REINSTALLATIONTHAT RESULT FROM THE USE OF, OR REPROCUREMENT COSTSINABILITY TO USE, THE SERVICE, THE SOFTWARE, THE RUVIXX TECHNOLOGY OR ANY OTHER ITEMS PROVIDED BY, THROUGH OR ON BEHALF OF RUVIXX, HOWEVER SUCH LOSS IS CAUSED, AND UNDER WHATEVER CAUSE OF PROFIT, REVENUE, DATA, CUSTOMERS, ACTION OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, THEORY OF LIABILITY EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE OBLIGATION TO PAY FOR FEES, GUARANTEES AND SERVICES ALREADY RENDERED, NEITHER PARTY’S TOTAL AGGREGATE LIABILITY SHALL EXCEED THE AGGREGATE FEES PAID OR PAYABLE BY CUSTOMER TO RUVIXX FOR PROPER PERFORMANCE HEREUNDER FOR THE APPLICABLE SERVICES RELATING TO THE LIABILITY. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED WITH RESPECT TO: (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIMFRAUD, OR (II) WILLFUL MISCONDUCT, (III) GROSS NEGLIGENCE, (IV) OBLIGATIONS UNDER SECTION 13 MUTUAL INDEMNIFICATION, (V) BREACHES RELATING TO CONFIDENTIAL INFORMATION OR CUSTOMER DATA, AND (VI) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW . NO CLAIM MAY BE BROUGHT BY A PARTY UNDER THIS AGREEMENT MORE THAN ONE YEAR AFTER THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING ACCRUAL OF THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 [***] CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. 13.1 NEITHER PARTY WILL SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTALEXEMPLARY OR PUNITIVE DAMAGES. COBALT SHALL NOT BE LIABLE FOR CONSEQUENTIAL, EXEMPLARYINCIDENTAL OR INDIRECT DAMAGES, PUNITIVEEXCEPT WHERE A MATERIAL BREACH OF COBALT'S OBLIGATIONS TO DELIVER PRODUCTS IN ACCORDANCE WITH ARTICLE 2 OF THIS AGREEMENT, OR CONSEQUENTIAL DAMAGES A MATERIAL BREACH BY COBALT OF ANY KIND THE RESTRICTIONS UNDER THIS AGREEMENT ON USE OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATIONDISCLOSURE OF GATEWAY'S CONFIDENTIAL INFORMATION, OR REPROCUREMENT COSTSCOBALT'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT CAUSED SUCH DAMAGES. GATEWAY SHALL NOT BE LIABLE FOR CONSEQUENTIAL, LOSS OF PROFITINCIDENTAL OR INDIRECT DAMAGES, REVENUEAND GATEWAY'S LIABILITY SHALL NOT EXCEED THE AMOUNTS DUE UNDER ARTICLE 4, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF ADVISED EXCEPT WHERE A MATERIAL BREACH BY GATEWAY OF THE POSSIBILITY RESTRICTIONS UNDER THIS AGREEMENT ON USE OR DISCLOSURE OF COBALT'S CONFIDENTIAL INFORMATION CAUSED SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL NOT APPLY WHERE SUCH DAMAGES ARE AWARDED TO A THIRD PARTY AND SUCH THIRD PARTY'S CLAIM IS COVERED BY AN OBLIGATION OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF INDEMNITY UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY 14.1. GRAY QUARTER’S AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER UNDER THE APPLICABLE ORDER IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. GRAY QUARTER WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND ARISING FROM CUSTOMER'S USE OF THE SUBSCRIPTION SERVICES. THIS LIMITATION OF LIABILITY INCLUDES CUSTOMER’S AFFILIATES AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS. 14.2. NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, ▇▇▇▇ QUARTER WILL NOT BE LIABLE TO CUSTOMER FOR CONSEQUENTIAL DAMAGES AND GRAY QUARTER WILL HAVE NO LIABILITY WHATSOEVER RESULTING FROM ANY LEGAL CLAIMS AGAINST CUSTOMER. IN NO EVENT SHALL GRAY QUARTER BE LIABLE TO CUSTOMER OR ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FOR LOSS OR DAMAGE ARISING OUT OF THE AGREEMENT, LOST PROFITS, OR SIMILAR ECONOMIC LOSS OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARYDIRECT, PUNITIVEINDIRECT OR PUNATIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION INCLUDING BUT NOT LIMITED TO, ACTIONS FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY WHETHER IN CONTRACT, TORT OR OTHERWISE, IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTIONDELAY IN PROVIDING THE SERVICES, HOWEVER CAUSED, EVEN IF GRAY QUARTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY EXCEPT FOR INDEMNIFICATION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, UILA'S AND ITS LICENSORS' AGGREGATE LIABILITY UNDER THIS AGREEMENT, WHETHER FOR BREACH OR IN TORT, IS LIMITED: (1) FOR MONTHLY CUSTOMERS, TO THE FEES PAID UNDER THIS AGREEMENT FOR THE TWO MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY; (2) FOR ANNUAL CUSTOMERS, TO THE FEES PAID UNDER THIS AGREEMENT FOR THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY AND (3) FOR PERPETUAL CUSTOMERS, TO AN AMOUNT EQUAL TO THE PERPETUAL LICENSE FEE. THE FOREGOING LIMITATION IS THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT. EXCEPT AS TO THE INDEMNIFICATION ARISING FROM THE DATA WARRANTIES AND COVENANTS, IN NO EVENT WILL UILA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF ANY KIND THIS AGREEMENT (INCLUDING DAMAGES ARISING FROM LOSS OR NATUREDELAYED USE OF EMAIL, INCLUDINGWEB TRAFFIC OR DATA; LOST PROFITS, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, SAVINGS OR REPROCUREMENT COSTS, REVENUE; DAMAGE TO EQUIPMENT; FALSE POSITIVES OR FALSE NEGATIVES; LOSS OF PROFIT, REVENUE, OR DAMAGE TO RECORDS OR DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION; RE-PROCUREMENT COSTS; AND THIRD PARTY CLAIMS AGAINST CUSTOMER) HOWEVER CAUSED AND REGARDLESS OF THE LEGAL THEORY OF LIABILITY, EVEN IF UILA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR HEREIN FAILS OF WARRANTYITS ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS AGREEMENT WILL LIMIT UILA’S LIABILITY FOR DEATH AND PERSONAL INJURY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE IS LIABLE FOR ANY SPECIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, (INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTIONFOR BREACH OF CONTRACT OR WARRANTY, REMOVAL, REINSTALLATIONNEGLIGENCE OR STRICT LIABILITY), OR REPROCUREMENT COSTSFOR INTERRUPTED COMMUNICATIONS, LOSS OF PROFITUSE, REVENUELOST BUSINESS, DATA, CUSTOMERS, LOST DATA OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, LOST PROFITS (EVEN IF SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESANY OF THE FOREGOING), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. THE FOREGOING LIMITATIONS EXCLUSION OF LIABILITY WILL NOT APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY(i) CLIENT’S INDEMNIFICATION OBLIGATIONS, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, ANY AMOUNTS PAYABLE IN CONNECTION THEREWITH; (ii) CLIENT’S CONFIDENTIALITY OBLIGATIONS; AND BREACH OF WARRANTY(iii) CLIENT’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 10.2 IN b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO EVENT CIRCUMSTANCES SHALL CLIENT’S RECOVERY FROM WINMILL FOR CAPITOL B CREATIVE STUDIOS’ CUMULATIVE, AGGREGATE LIABILITY TO CLIENT OR ANY CLAIM THIRD PARTY EXCEED (I) THE PURCHASE PRICE PAID FOR NET AMOUNTS RECEIVED BY CAPITOL B CREATIVE STUDIOS HEREUNDER DURING THE PRODUCT 12-MONTH PERIOD IMMEDIATELY PRIOR TO THE INCIDENT GIVING RISE TO SUCH LIABILITY. IN LIEU OF REFUND, CAPITOL B CREATIVE STUDIOS SHALL BE PERMITTED, IN ITS SOLE DISCRETION, TO CAUSE THE CLAIMPLACEMENT OF “MAKE-GOOD” ADVERTISING, OR (II) PROVIDED THAT, SUCH “MAKE-GOOD” ADVERTISING IS PROVIDED WITHIN A REASONABLE PERIOD OF TIME AFTER THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSLIABILITY HAS ACCRUED. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY WILL 8.1 LICENSEE'S SOLE REMEDY WITH RESPECT TO ANY CLAIMS ARISING OUT OF THIS LICENSE AGREEMENT SHALL BE LIMITED IN THE AGGREGATE TO THE MONIES PAID BY LICENSEE TO ELITHION UNDER THIS LICENSE AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. 8.2 IN NO EVENT SHALL ELITHION BE LIABLE FOR ANY SPECIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARYPUNITIVE OR CONSEQUENTIAL DAMAGES, PUNITIVEINCLUDING LOSS OF PROFITS AND GOODWILL, BUSINESS OR BUSINESS BENEFIT, OR CONSEQUENTIAL DAMAGES THE COST OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS PROCUREMENT OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, SUBSTITUTE PRODUCTS BY LICENSEE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT CIRCUMSTANCES SHALL CLIENT’S RECOVERY FROM WINMILL ELITHION BE LIABLE FOR ANY CLAIM EXCEED (I) FAILURE OF THE PURCHASE PRICE PAID FOR PRODUCTS TO PERFORM IN ACCORDANCE WITH THE PRODUCT GIVING RISE TO THE CLAIMDOCUMENTATION, OR (II) AT ALL, RESULTING FROM A FAILURE BY THE AMOUNTS PAID LICENSEE TO COMPLY WITH THE MINIMUM REQUIREMENTS. ADDITIONALLY, LICENSEE ACKNOWLEDGES THAT WHILST THE PRODUCTS MAY BE USED IN COMBINATION WITH THIRD PARTY PRODUCTS, ELITHION BEARS NO LIABILITY, WHATSOEVER ARISING, FOR THE PRODUCT MAINTENANCE ANY LOSS, DAMAGE OR SERVICES GIVING RISE TO THE CLAIM COST THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL ARISES FROM A FAILURE OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSTO INTEGRATE WITH LICENSEE OR THIRD PARTY PRODUCTS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY WILL TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACACIA SHALL NOT BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, OR COST OF PROCURING SUBSTITUTE TECHNOLOGIES, GOODS OR SERVICES, (B) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, INTERRUPTION OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERSUSE, BUSINESS, REVENUES, PROFITS OR GOODWILLGOODWILL OR (C) AGGREGATE DAMAGES, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTIONIN EXCESS OF AMOUNTS PAID TO IT HEREUNDER FOR THE PRODUCT GIVING RISE TO SUCH DAMAGES, EVEN IF ACACIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FOREGOING LIMITATIONS FAILURE OF LIABILITY APPLY TO ALL CAUSES ANY REMEDY PROVIDED HEREIN. PRODUCTS ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS OR WHERE FAIL-SAFE CONTROLS ARE REQUIRED (INCLUDING WITHOUT LIMITATION, OPERATION OF ACTION NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORYCOMMUNICATION SYSTEMS, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACTAIR TRAFFIC CONTROL, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (ILIFE SUPPORT OR WEAPONS SYSTEMS) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE AND, NOTWITHSTANDING ANYTHING TO THE CLAIMCONTRARY HEREIN, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE CUSTOMER HEREBY ASSUMES AND ACCEPTS ALL LIABILITY RELATED TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSANY SUCH USE. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY WILL EXCEPT FOR BREACHES STIPULATED IN THE DE-CIX AGREEMENT, OR AMOUNTS PAYABLE PURSUANT TO THE DE-CIX AGREEMENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL DE- CIX BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARYCONSEQUENTIAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL EXEMPLARY DAMAGES OF UNDER ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, LEGAL THEORY (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM PERFORMANCE UNDER OR FAILURE OF PERFORMANCE OF ANY PROVISION OF THE DE-CIX AGREEMENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT FOR BREACHES STIPULATED IN THE FOREGOING LIMITATIONS OF LIABILITY APPLY DE- CIX AGREEMENT, OR AMOUNTS PAYABLE PURSUANT TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORYDE-CIX AGREEMENT, INCLUDING TORTTO THE EXTENT PERMITTED BY APPLICABLE LAW, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL DE-CIX BE LIABLE FOR DAMAGES IN EXCESS OF THE VALUE RECEIVED BY THE OTHER PARTY UNDER THE DE-CIX AGREEMENT. ALL CLAIMS BEYOND THOSE ALLOWED IN THESE DE- CIX TERMS AND CONDITIONS MX OR IN THE DE-CIX AGREEMENT FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE LOSS OR DAMAGE FROM WHATEVER CAUSE ARISING, INCLUDING DAMAGE TO THE CLAIMOTHER PARTY’S PROPERTY, SHALL BE EXCLUDED AND HEREBY WAIVED BY THE OTHER PARTY UNLESS SUCH CLAIM IS MADE BASED ON INTENTIONAL BAD ACTS OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE GROSS NEGLIGENCE BY DE- CIX; IN SUCH CASE, DAMAGES SHALL BE LIMITED TO THE CLAIM THOSE THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL ARE REASONABLY FORESEEABLE AS A RESULT OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART INTENTIONAL BAD ACTS OR GROSS NEGLIGENCE BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSDE-CIX. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY WILL BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF rf IDEAS AND ITS SUPPLIERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, ALL DIRECT DAMAGES RELATING TO OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATUREARISING FROM THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTIONCONTRACT DAMAGES AND DAMAGES FOR INJURIES TO PERSONS OR PROPERTY, REMOVALWHETHER ARISING FROM rf IDEAS’ BREACH OF THIS AGREEMENT, REINSTALLATIONBREACH OF WARRANTY, NEGLIGENCE (WHETHER ACTIVE, AFFIRMATIVE OR GROSS), STRICT LIABILITY, OR REPROCUREMENT COSTSOTHER TORT WITH RESPECT TO THE PRODUCTS, OR ANY SERVICE PROVIDED IN CONNECTION WITH THE PRODUCTS OR OTHERWISE, SHALL IN NO EVENT EXCEED THE AMOUNT rf IDEAS RECEIVED FROM YOU FOR THE PARTICULAR PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY. rf IDEAS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE OR LOSS RESULTING FROM THE OPERATION OR PERFORMANCE OF ANY THIRD PARTY PRODUCT OR ANY SYSTEMS IN WHICH AN rf IDEAS PRODUCT IS INCORPORATED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL rf IDEAS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITBUSINESS, REVENUE, DATAPROFITS, CUSTOMERS, OR GOODWILL, USE, DATA OR CLIENT TECHNOLOGY DAMAGEOTHER ECONOMIC ADVANTAGE AND ANY NON-ECONOMIC LOSSES, FAILURE OR MALFUNCTION, REGARDLESS OF THE LEGAL THEORY ON WHICH ANY SUCH DAMAGES MAY BE BASED AND EVEN IF A PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out These limitations shall apply notwithstanding the failure of the performance essential purpose of any Services pursuant to this Agreement may be brought by either party more than two (2) years afterlimited remedy specified herein.

Limitations of Liability. 10.1 CARDINAL HEALTH’S LIABILITY UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS FOR LOST, DAMAGED OR DESTROYED API OR CLIENT-SUPPLIED MATERIALS WHETHER OR NOT SUCH API OR CLIENT-SUPPLIED MATERIALS ARE INCORPORATED INTO FINISHED PRODUCT SHALL NOT EXCEED [REDACTED] PER PROJECT PLAN EXCEPT FOR LOSSES RESULTING FROM BATCH MANUFACTURE, IN WHICH CASE CARDINAL HEALTH’S LIABILITY SHALL NOT EXCEED [REDACTED] PER BATCH 10.2 CARDINAL HEALTH’S TOTAL LIABILITY, WHETHER IN CONTRACT OR TORT, INCLUDING WITHOUT LIMITATION ANY OF CARDINAL HEALTH’S INDEMNITY OR OTHER FINANCIAL OBLIGATIONS UNDER ARTICLE 9, SHALL IN NO EVENT EXCEED, THE TOTAL FEES PAID BY CLIENT TO CARDINAL HEALTH UNDER THE APPLICABLE PROJECT PLAN GIVING RISE TO THE CLAIM. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY AMOUNT CALCULATED IN SHALL BE REDUCED BY ANY COSTS OR EXPENSES INCURRED BY CARDINAL HEALTH TO PROCURE COMPARATOR PRODUCT. 10.3 NEITHER PARTY WILL SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY KIND OR NATUREPERFORMANCE UNDER THIS AGREEMENT, INCLUDING, INCLUDING WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFITREVENUES, REVENUE, PROFITS OR DATA, CUSTOMERS, WHETHER IN CONTRACT OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTIONTORT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY WILL TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NVIDIA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVEPUNITIVE OR CONSEQUENTIAL DAMAGES, OR CONSEQUENTIAL DAMAGES OF FOR ANY KIND OR NATURELOST PROFITS, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTSPROJECT DELAYS, LOSS OF PROFITUSE, REVENUE, DATA, CUSTOMERS, LOSS OF DATA OR LOSS OF GOODWILL, OR CLIENT TECHNOLOGY DAMAGETHE COSTS OF PROCURING SUBSTITUTE PRODUCTS, FAILURE ARISING OUT OF OR MALFUNCTIONIN CONNECTION WITH THIS LICENSE OR THE USE OR PERFORMANCE OF RIVA PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF NVIDIA HAS PREVIOUSLY BEEN ADVISED OF OF, OR COULD REASONABLY HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGESDAMAGES AND REGARDLESS IF A REMEDY FAILS ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENTWILL NVIDIA’S RECOVERY FROM WINMILL AND ITS AFFILIATES TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THIS LICENSE EXCEED THE NET AMOUNTS RECEIVED BY NVIDIA OR ITS AFFILIATES FOR ANY CLAIM EXCEED (I) YOUR USE OF THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES PARTICULAR UNEXPIRED RIVA PRODUCTS LICENSES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING BEFORE THE SIX LIABILITY AROSE (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENTor up to US$10.00 if you obtained licenses or services at no charge). THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL NATURE OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT LIABILITY OR THE NUMBER OF CLAIMS OR SUITS SHALL NOT ENLARGE OR EXTEND THIS AGREEMENTLIMIT. The disclaimers, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 No action arising out exclusions and limitations of liability set forth in this license form an essential basis of the performance bargain between the parties, and, absent any such disclaimers, exclusions or limitations of any Services pursuant to this Agreement may liability, the provisions of the license, including, without limitation, the economic terms, would be brought by either party more than two (2) years aftersubstantially different.

Limitations of Liability. 10.1 x 10.1. EXCEPT TO THE EXTENT THE FOLLOWING LIMITATION OF LIABILITY IS PROHIBITED BY LAW, PINGCAP'S TOTAL LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES SUSTAINED BY YOU UP TO A MAXIMUM AMOUNT OF THE FEES PAID BY YOU TO PINGCAP UNDER THE APPLICABLE ORDER FORM; PROVIDED THAT, REGARDLESS OF ANY LAW, NO CLAIM OR CAUSE OF ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THIS CSA MAY BE BROUGHT BY YOU MORE THAN TWELVE (12) MONTHS AFTER YOU BECOME AWARE OF, OR SHOULD REASONABLY HAVE BECOME AWARE OF, THE FACTS GIVING RISE TO THE CAUSE OF ACTION. WITHOUT LIMITING THE FOREGOING, NEITHER PARTY WILL PINGCAP NOR ANY OF ITS LICENSORS SHALL BE LIABLE TO YOU FOR PERSONAL INJURY, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATIONOTHER DAMAGES, OR REPROCUREMENT COSTSFOR DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERSLOSS OF GOODWILL OR LOST PROFITS, UNDER ANY THEORY OF LIABILITY, INCLUDING CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR GOODWILL, OTHER THEORY ARISING OUT OF OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTIONRELATING IN ANY WAY TO THIS CSA, EVEN IF PINGCAP HAS BEEN ADVISED OF THE POSSIBILITY RISK OF SUCH DAMAGES. x 10.2. THE FOREGOING LIMITATIONS SET FORTH IN THIS SECTION 10 WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENTITS ESSENTIAL PURPOSE. THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION AND AGREE THAT ALL IN THE OTHER PROVISIONS OF THIS CSA AND THE ALLOCATION OF RISK HEREIN ARE ESSENTIAL ELEMENTS OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT BARGAIN BETWEEN THE PARTIES, WITHOUT WHICH PINGCAP WOULD NOT HAVE ENTERED INTO THIS CSA. x 10.3. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSLIMITATION MAY NOT APPLY TO YOU. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 16.1 THE SUPPLIER SHALL BE UNDER NO LIABILITY UNDER THE WARRANTY IN CONDITION 11 IN RESPECT OF PARTS OF THE DELIVERABLES NOT MANUFACTURED BY THE SUPPLIER, IN WHICH CASE THE CUSTOMER SHALL ONLY BE ENTITLED TO THE BENEFIT OF ANY SUCH WARRANTY AS IS GIVEN BY THE MANUFACTURER TO THE SUPPLIER. 16.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF SHALL UNDER ANY OTHER LEGAL CIRCUMSTANCES WHATSOEVER AND HOWSOEVER CAUSED, WHETHER ARISING UNDER STATUTE OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, ARISING IN OR FOR BREACH OF CONTRACT, AND TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTYSTATUTORY DUTY, OR OTHERWISE, BE LIABLE TO THE OTHER PARTY FOR ANY TRADING LOSSES, LOSS OF INCOME, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF PRODUCTION, BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF REPUTATION, LOSS OF ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA OR INFORMATION, OR FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND IN EACH CASE HOWSOEVER ARISING, WHETHER SUCH LOSS OR DAMAGE WAS FORESEEABLE OR IN THE CONTEMPLATION OF THE PARTIES. 10.2 16.3 THE MAXIMUM LIABILITY OF THE SUPPLIER TO THE CUSTOMER UNDER OR IN CONNECTION WITH THE AGREEMENT (INCLUDING WITHOUT LIMITATION FOR ANY DEFECT AND/OR DELAY AND/OR ANY BREACH OF AGREEMENT) WHETHER ARISING UNDER STATUTE, OR ARISING IN OR FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) BREACH OF STATUTORY DUTY, INDEMNITY OR OTHERWISE, SHALL IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM CIRCUMSTANCES EXCEED (I) 125% OF THE PURCHASE TOTAL PRICE PAID OR PAYABLE BY THE CUSTOMER FOR THE PRODUCT GIVING RISE TO RELEVANT DELIVERABLES UNDER THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONS. 10.3 16.4 To the extent required by applicable law, nothing in the Agreement shall limit or exclude liability for (i) gross negligence; (ii) willful misconduct; (iii) fraud or fraudulent misrepresentation; (iv) death or personal injury; or (v) any other liability to the extent the same may not be excluded or limited as a matter of law. No action arising out provision of the performance Agreement will adversely affect the rights of any Services pursuant to this Agreement may be brought the Customer if it is deemed a “consumer” by either party more than two (2) years afterapplicable law.

Limitations of Liability. 10.1 NEITHER EXCEPT WITH RESPECT TO DAMAGES ARISING FROM A BREACH OF SECTION 9 (CONFIDENTIALITY) AND EXCEPT FOR EACH PARTY’S OBLIGATIONS UNDER SECTION 12 (INDEMNIFICATION), IN NO EVENT WILL EITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, PUNITIVE, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTALOR INCIDENTAL DAMAGES, EXEMPLARYINCLUDING ANY LOST DATA AND LOST PROFITS, PUNITIVE, ARISING FROM OR CONSEQUENTIAL RELATING TO THIS AGREEMENT REGARDLESS OF THE LEGAL THEORY UPON WHICH SUCH DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, ARE CLAIMED AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR BREACHES OF SECTION 9 (CONFIDENTIALITY) AND EXCEPT FOR EACH PARTY’S OBLIGATIONS UNDER SECTION 12 (INDEMNIFICATION), EACH PARTY’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND THE FOREGOING LIMITATIONS OF PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED [*] DURING THE [*] PERIOD UNDER THIS AGREEMENT AND [*] UNDER THE [*] PERIOD UNDER THIS AGREEMENT (THE “CAP”). THE APPLICABLE LIABILITY APPLY TO ALL CAUSES CAP FOR A PARTICULAR CLAIM OR CAUSE OF ACTION OR CLAIMS WILL BE DETERMINED BY THE PERIOD WHEN THE FIRST PRODUCT(S) UPON WHICH THE CLAIM IS BASED WERE PRODUCED. AFTER THE FIRST [*] OF RELIEF THE [*] EITHER PARTY MAY PROPOSE A DIFFERENT CAP BASED UPON THE EXPECTED PURCHASE AND SALES VOLUMES OF PRODUCTS AND SERVICES UNDER ANY THIS AGREEMENT FROM THAT POINT ONWARD AND THE OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY. 10.2 IN NO EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE PARTY WILL NEGOTIATE TO AN APPROPRIATE ADJUSTMENT TO THE CLAIM, OR (II) THE AMOUNTS PAID CAP FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSPROSPECTIVE PERIODS. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after

Limitations of Liability. 10.1 NEITHER PARTY EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION 9, IN NO EVENT WILL OSG BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVEAGGRAVATED, OR CONSEQUENTIAL DAMAGES PUNITIVE DAMAGES, REGARDLESS OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, REMOVAL, REINSTALLATION, OR REPROCUREMENT COSTS, LOSS OF PROFIT, REVENUE, DATA, CUSTOMERS, OR GOODWILL, OR CLIENT TECHNOLOGY DAMAGE, FAILURE OR MALFUNCTION, EVEN IF WHETHER OSG WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION 9, IN NO EVENT WILL THE FOREGOING LIMITATIONS AGGREGATE LIABILITY OF LIABILITY APPLY OSG ARISING OUT OF OR RELATED TO ALL CAUSES OF ACTION OR CLAIMS OF RELIEF THIS AGREEMENT UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING TORT, INDEMNIFICATION, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND BREACH OF WARRANTY. 10.2 OTHERWISE, EXCEED THE TOTAL AMOUNTS PAID AND AMOUNTS‌ ACCRUED BUT NOT YET PAID TO OSG UNDER THIS AGREEMENT IN NO THE SIX MONTH PERIOD PRECEDING THE EVENT SHALL CLIENT’S RECOVERY FROM WINMILL FOR ANY CLAIM EXCEED (I) THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) THE AMOUNTS PAID FOR THE PRODUCT MAINTENANCE OR SERVICES GIVING RISE TO THE CLAIM THAT WERE PROVIDED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE EXCLUSIONS AND AGREE THAT ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF IN THIS AGREEMENT, SECTION 9 DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 4 AND THAT THE PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE LIMITATIONSSECTION 8. 10.3 No action arising out of the performance of any Services pursuant to this Agreement may be brought by either party more than two (2) years after