Common use of Limitations of Liability Clause in Contracts

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER PARTY SHALL EITHER PARTY 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, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH LOSS OR DAMAGE, WHETHER ARISING OUT OF PERFORMANCE OR BREACH OF THIS AGREEMENTAGREEMENT OR THE USE OR INABILITY TO USE THE PALANTIR TECHNOLOGY, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING EVEN IF THE PARTY HAS BEEN ADVISED AS TO THE SPRINKLR SERVICES. 7.2 POSSIBILITY OF SUCH LOSS OR DAMAGES. EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OBLIGATIONS SET FORTH IN SECTIONS 5 AND 9.2 OF SECTION 2.8THIS AGREEMENT AND CUSTOMER’S PAYMENT OBLIGATIONS HEREUNDER, IN NO EVENT SHALL TO THE TOTAL MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY AGREES THAT THE MAXIMUM AGGREGATE LIABILITY OF ONE EITHER PARTY AND ITS AFFILIATES TO THE OTHER PARTY AND ITS AFFILIATES FOR ALL CLAIMS OF ANY AND ALL DAMAGES, LOSSES, AND CAUSES KIND SHALL NOT EXCEED THE GREATER OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF A) THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY PAID OR PAYABLE TO SPRINKLR FROM AGENCY PALANTIR BY CUSTOMER UNDER THIS AGREEMENT THE APPLICABLE ORDER FORM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING CLAIM FOR THE SERVICE OR PROFESSIONAL SERVICES THAT GAVE RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREINSUCH CLAIM OR B) ONE HUNDRED THOUSAND DOLLARS (USD 100,000), AND THAT SUCH REMEDY IS FAIR AND ADEQUATE. NOTWITHSTANDING THE SAME FOREGOING SENTENCE, IF NO FEES ARE PAYABLE BY CUSTOMER UNDER AN APPLICABLE ORDER FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN DURING SUCH APPLICABLE ORDER 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 OF EITHER PARTY AND ITS AFFILIATES TO THE OTHER PARTY AND ITS AFFILIATES FOR ALL CLAIMS OF ANY KIND ARISING OUT OF SUCH ORDER FORM SHALL NOT EXCEED FIFTY THOUSAND DOLLARS (USD 50,000), AND THAT SUCH REMEDY IS FAIR AND ADEQUATE. 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. IN NO EVENT SHALL THE LIMITATIONS SET FORTH IN THIS SECTION 12 SHALL APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTREGARDLESS OF WHETHER AN ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT SHALL WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THE 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, PUNITIVEENHANCED, OR CONSEQUENTIAL PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8SECTION, IN NO EVENT SHALL WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL LIABILITY OF ONE PARTY AMOUNTS PAID TO DEBTBOOK UNDER THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY -MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIESCLAIM. THE PARTIES AGREE THAT THE LIMITATIONS EXCLUSIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTCLAIMS PURSUANT TO SECTION 8. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY WILL FOUNDATION (INCLUDING ITS SUBSIDIARIES, ITS PARENT AND SUBSIDIARIES OF ITS PARENT, ITS SERVICE PROVIDERS AND LICENSORS, AND THE EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS THEREOF) BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL PUNITIVE DAMAGES UNDER THIS AGREEMENT OR IN CONNECTION WITH THIS AGREEMENTANY SERVICES PROVIDED BY FOUNDATION HEREUNDER, INCLUDING WITHOUT LIMITATION LIMITATION, DAMAGES FOR DISTRICT'S MISUSE OF THE CALIFORNIA COLLEGES WEBSITE, LOSS OF REVENUE BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANTICIPATED PROFITS OTHER PECUNIARY LOSS ARISING OUT OF THE USE OR LOST BUSINESS OR LOST SALES INABILITY TO USE THE SERVICES, DATA OR ANY OTHER MATTER RELATING OUTPUT, EVEN IF FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF AVAILABLE REMEDIES ARE FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THE SPRINKLR SERVICES. 7.2 EXCEPT TOTAL LIABILITY, IF ANY, OF FOUNDATION (INCLUDING ITS SUBSIDIARIES, ITS PARENT AND SUBSIDIARIES OF ITS PARENT, ITS SERVICE PROVIDERS AND LICENSORS, AND THE EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS THEREOF) IN THE AGGREGATE OVER THE TERM OF THIS AGREEMENT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE ALL CLAIMS, CAUSES OF ACTION OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; LIABILITY WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE ARISING UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT AND/OR THE SERVICES PROVIDED HEREUNDER (iii) A BREACH OF SECTION 2.8COLLECTIVELY, IN NO EVENT “CLAIMS’), SHALL THE TOTAL LIABILITY OF ONE PARTY BE LIMITED TO THE OTHER PARTY FOR ANY AND ALL DISTRICT’S DIRECT DAMAGES, LOSSESACTUALLY INCURRED. NOTWITHSTANDING THE FOREGOING, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCYFOUNDATION’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, SOLE OBLIGATION IN THE AGGREGATE, EVENT OF AN ERROR BY FOUNDATION IN THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY PERFORMANCE OF ANY SERVICES UNDER THIS AGREEMENT IN SHALL BE LIMITED TO REPROCESSING APPLICABLE DATA OR REPERFORMING THE TWELVE SERVICES. FOUNDATION (12INCLUDING ITS SUBSIDIARIES, ITS PARENT AND SUBSIDIARIES OF ITS PARENT, ITS SERVICE PROVIDERS AND LICENSORS, AND THE EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS THEREOF) MONTHS IMMEDIATELY PRECEDING SHALL HAVE NO LIABILITY, EXPRESS OR IMPLIED, WHETHER ARISING UNDER CONTRACT, TORT OR OTHERWISE, FOR ANY CLAIM OR DEMAND: (A) RESULTING DIRECTLY OR INDIRECTLY FROM FOUNDATION’S INTERNAL OPERATIONS, EQUIPMENT, SYSTEMS OR SOFTWARE OWNED OR LICENSED BY FOUNDATION; OR (B) BY THIRD PARTIES, EVEN IF FOUNDATION WAS ADVISED OF THE EVENT GIVING RISE TO THE LIABILITYPOSSIBILITY OF SUCH CLAIMS OR DEMANDS, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN. AGENCY DISTRICT ACKNOWLEDGES THAT SPRINKLR FOUNDATION HAS SET ITS PRICES FEES, IF ANY, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREININ THIS AGREEMENT, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT (i) NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEURONETICS SHALL EITHER PARTY NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVECONSEQUENTIAL, INDIRECT OR CONSEQUENTIAL SPECIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST REVENUE OR LOST PROFITS, LOSS OF DATA, LITIGATION EXPENSE, DAMAGE TO REPUTATION, LOSS OF BUSINESS OR ANY OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS IN CONNECTION WITH THE SALE, LICENSE, INSTALLATION, PERFORMANCE, FAILURE, USE OR INTERRUPTED USE OF REVENUE THE PRODUCTS, AND INCLUDING THE NEUROSTAR ADVANCED THERAPY SYSTEM AND ANY COMPONENT THEREOF, OR ANTICIPATED PROFITS FROM NEURONETICS’ NEGLIGENCE OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING FAULT IN CONNECTION THEREWITH. NOTWITHSTANDING ANYTHING TO THE SPRINKLR SERVICESCONTRARY, NEURONETICS’ LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RESULTING FROM THIS AGREEMENT, ITS PERFORMANCE OR BREACH HEREOF, OR IN CONNECTION WITH THE PRODUCTS, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, INDEMNIFICATION OR OTHERWISE, SHALL NOT EXCEED THE TOTAL OF ALL SUMS PAID BY CUSTOMER TO NEURONETICS FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY CUSTOMER ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTY SET FORTH IN THIS AGREEMENT APPLY REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. CUSTOMER ACKNOWLEDGES THAT NEURONETICS HAS SET THE PURCHASE PRICE OF THE PRODUCTS AND OTHER FEES AND CHARGES IN RELIANCE ON THE DISCLAIMERS OF WARRANTIES WARRANTY AND DAMAGES LIMITATIONS AND EXCLUSIONS OF LIABILITY SET FORTH HEREIN, IN THIS AGREEMENT AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN NO EVENT SHALL EITHER PARTY THIS AGREEMENT, HOTSCHEDULES WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO SUBSCRIBER OR ANY OF ITS AFFILIATES FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL EXEMPLARY DAMAGES IN CONNECTION WITH ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO LOST PROFITS OR LOSS OF REVENUE BUSINESS, EVEN IF HOTSCHEDULES IS APPRISED OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO SHOULD HAVE KNOWN OF THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH LIKELIHOOD OF SECTION 2.8, IN SUCH DAMAGES OCCURRING. UNDER NO EVENT SHALL THE CIRCUMSTANCES WILL HOTSCHEDULES' TOTAL LIABILITY OF ONE PARTY ANY KIND ARISING OUT OF OR RELATED TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING, INCLUDING BUT NOT LIMITED TOTO WARRANTY CLAIMS), NEGLIGENCE REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, EXCEED THE TOTAL SUBSCRIPTION FEES RECEIVED PAID BY OR PAYABLE SUBSCRIBER TO SPRINKLR FROM AGENCY HOTSCHEDULES UNDER THIS AGREEMENT IN DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE LIABILITYCLAIM. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT INCREASE THIS LIMIT. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN RELIANCE UPON THE LIMITATIONS OF LIABILITY PRICING OFFERED BY HOTSCHEDULES TO SUBSCRIBER AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS EACH OF THESE PROVISIONS IS SEVERABLE AND EXCLUSIONS INDEPENDENT OF LIABILITY AND DISCLAIMERS SPECIFIED IN ALL OTHER PROVISIONS OF THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSEAGREEMENT. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION 8 WILL APPLY TO FEES DUE FOR NOTWITHSTANDING THE SPRINKLR SERVICES UNDER FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER 10.1 NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTOF 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 WITHOUT LIMITATION LOSS TORT, INDEMNIFICATION, BREACH OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICESCONTRACT, AND BREACH OF WARRANTY. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, 10.2 IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY CLIENT’S RECOVERY FROM WINMILL FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION CLAIM EXCEED (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF I) THE SPRINKLR SERVICES, EXCEED, IN PURCHASE PRICE PAID FOR THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT PRODUCT GIVING RISE TO THE LIABILITYCLAIM, 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. AGENCY ACKNOWLEDGES THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREINTHIS AGREEMENT, AND THAT THE SAME FORM AN ESSENTIAL BASIS PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTLIMITATIONS. 7.3 Neither party will be liable to the other for any failure to perform, or delay in 10.3 No action arising out of the performance of, of any obligation under Services pursuant to this Agreement caused may be brought by a Force Majeure Eventeither party more than two (2) years after 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. 7.1 IN NO EVENT SHALL EITHER 10.1 NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTOF 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 WITHOUT LIMITATION LOSS TORT, INDEMNIFICATION, BREACH OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICESCONTRACT, AND BREACH OF WARRANTY. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, 10.2 IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY CLIENT’S RECOVERY FROM WINMILL FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION CLAIM EXCEED (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF I) THE SPRINKLR SERVICES, EXCEED, IN PURCHASE PRICE PAID FOR THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT PRODUCT GIVING RISE TO THE LIABILITYCLAIM, 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. AGENCY ACKNOWLEDGES THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ALL OF THE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREINTHIS AGREEMENT, AND THAT THE SAME FORM AN ESSENTIAL BASIS PRICES OF SERVICES AND PRODUCTS ARE DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTLIMITATIONS. 7.3 Neither party will be liable to the other for any failure to perform, or delay in 10.3 No action arising out of the performance of, of any obligation under Services pursuant to this Agreement caused may be brought by a Force Majeure Event.either party more than two (2) years after

Limitations of Liability. 7.1 THIRD PARTIES MAY INADVERTENTLY OR FOR FRAUDULENT OR IMPROPER PURPOSES GENERATE AD IMPRESSIONS, USER VIEWS, OR AD CLICKS (“THIRD-PARTY ACTIVITY”), WHICH MAY IMPACT THE PERCEIVED EFFECTIVENESS OF AD PROGRAMS. CLIENT ACCEPTS THE RISK OF THIRD-PARTY ACTIVITY WITHOUT LIABILITY TO AGENCY. AS SUCH, THE PARTIES HERETO AGREE THAT AGENCY HAS NO LIABILITY FOR CLAIMS ARISING FROM OR IN NO EVENT SHALL EITHER CONNECTION WITH THIRD-PARTY ACTIVITY EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW. EXCEPT AS PROVIDED PURSUANT TO APPLICABLE LAW, AGENCY’S MAXIMUM AGGREGATE LIABILITY UNDER THE AGREEMENT AND THESE TERMS IS THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO AGENCY HEREUNDER DURING THE SPECIFIED CAMPAIGN PERIOD. NEITHER PARTY NOR ITS RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVEOR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS OR REVENUE, OR CONSEQUENTIAL DAMAGES INTERRUPTION OF BUSINESS) ARISING FROM, RELATED TO, OR IN CONNECTION WITH THIS THE AGREEMENT, THE AD PROGRAMS, THE SITES, OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH IN THIS SECTION VIII SHALL APPLY REGARDLESS OF WHETHER THE LIABILITY ARISES OUT OF BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER MATTER RELATING LEGAL THEORY. NEITHER PARTY SHALL BE LIABLE FOR NON-PERFORMANCE OR DELAY IN PERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, PROVIDED THAT SUCH PARTY USES COMMERCIALLY REASONABLE EFFORTS TO MITIGATE THE SPRINKLR SERVICESEFFECT OF SUCH NON-PERFORMANCE OR DELAY AND TO RESUME FULL PERFORMANCE HEREUNDER AS SOON AS PRACTICABLE. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY INDEPENDENT OF, SEVERABLE FROM, AND TO BE LIABLE FOR ENFORCED INDEPENDENTLY OF ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OTHER PROVISION OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OTHER THAN FOR INFRINGEMENT OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS, AND THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH TERMS OF SECTION 2.8SECTIONS 8, IN NO EVENT SHALL THE TOTAL LIABILITY 9, AND 10 OF ONE THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY (NOR TO ANY PERSON THAT CLAIMS RIGHTS DERIVED FROM THE OTHER PARTY'S RIGHTS) FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY AND ALL DAMAGESKIND, LOSSESINCLUDING LOST PROFITS, LOSS OF BUSINESS, OR OTHER ECONOMIC DAMAGE, AND CAUSES FURTHER DAMAGE INCLUDING INJURY TO PROPERTY, AS A RESULT OF ACTION (THE BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT, REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW OR IN CONTRACT FACT KNEW OF THE POSSIBILITY THEREOF. THIS PARAGRAPH HOWEVER SHALL NOT LIMIT EITHER PARTY’S RIGHT TO ENFORCE CLAIMS FOR VIOLATION OF ITS INTELLECTUAL PROPERTY RIGHTS, OR TORTPROPRIETARY RIGHTS, INCLUDINGCLAIMS RELATING TO ANY PROHIBITED DISCLOSURE OF ITS CONFIDENTIAL INFORMATION, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ CLAIMS RELATING TO ANY PROHIBITED USE OF THE SPRINKLR SERVICESOTHER PARTY’S CONFIDENTIAL INFORMATION, EXCEEDLICENSED DATA, IN THE AGGREGATEPROPRIETARY RIGHTS, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTINTELLECTUAL PROPERTY RIGHTS. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY TO THE EXTENT PERMITTED BY LAW AND UNLESS PROHIBITED BY LAW, (A) YOU,ONSTAR AND THE WIRELESS SERVICE PROVIDERS WILL NOT BE LIABLE IN ANY WAY IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, PUNITIVE OR CONSEQUENTIAL DAMAGES OR AMOUNTS FOR LOSS OF INCOME, PROFITS OR SAVINGS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, (B)ONSTAR AND THE WIRELESS SERVICE PROVIDERS WILL NOT BE LIABLE IN ANY WAY ANY IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE AGREEMENT OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT SERVICES FOR (i) EITHER PARTY’S GROSS NEGLIGENCE ANY ACTION OR WILLFUL MISCONDUCT; INACTION OF THIRD PARTIES, (ii) ANY EVENTS BEYOND THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/REASONABLE CONTROL OFONSTAR OR THE WIRELESS SERVICE PROVIDERS, (iii) A BREACH ANY INJURIES TO PERSONS OR PROPERTY ARISING OUT OF SECTION 2.8OR RELATING TO YOUR USE OF THE SERVICES, IN NO EVENT SHALL THE TOTAL LIABILITY (iv) ANY DAMAGES ARISING OUT OF ONE PARTY OR RELATING TO THE INSTALLATION, REPAIR, UPDATES OR CHANGES TO SYSTEMS, SOFTWARE, OR OTHER EQUIPMENT PROVIDED BYONSTAR OR THE WIRELESS SERVICE PROVIDERS, (v) ANY CHANGE OR REDUCTION IN, OR ANY LOSS OF SERVICES CAUSED BY CHANGES IN SYSTEMS, SERVICES, OR INFRASTRUCTURE (SUCH AS THE WIRELESS SERVICE OR TECHNOLOGY INFRASTRUCTURE) THAT ARE MADE AVAILABLE BY THIRD PARTIES, AND (C)ONSTAR WILL NOT BE LIABLE IN ANY WAY IN CONNECTION WITH ANY THIRD PARTY SERVICES. TO THE EXTENT THATONSTAR OR ANY WIRELESS SERVICE PROVIDER ARE FOUND LIABLE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER LIABILITIES OR EXPENSES IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM CONNECTION WITH THIS AGREEMENT OR AGENCY’S AND/THE SERVICES, AND TO THE EXTENT ALLOWED BY LAW AND UNLESS PROHIBITED BY LAW, YOU AGREE THATONSTAR'S AND THE WIRELESS SERVICE PROVIDER'S MAXIMUM AGGREGATE LIABILITY SHALL BE NO GREATER THAN $100.00. THESE LIMITS AND EXCLUSIONS APPLY EVEN IFONSTAR AND THE WIRELESS SERVICE PROVIDERS KNEW OR AGENCY’S CLIENTS’ USE SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE SPRINKLR SERVICESDAMAGES AND WHETHER ARISING BASED ON NEGLIGENCE, EXCEEDTORT, IN OR BREACH OF CONTRACT. THESE LIMITATIONS SURVIVE ANY TERMINATION OR EXPIRATION OF THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREINAGREEMENT, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR ANYONE USING THE SPRINKLR SERVICES UNDER THIS AGREEMENTOR MAKING A CLAIM ON YOUR BEHALF. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 12.1. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT, LUS FIBER (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE “LUS FIBER PARTIES”), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON- INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO EVENT WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY LUS FIBER OR ITS REPRESENTATIVES SHALL EITHER PARTY CREATE A WARRANTY OR OBLIGATION WITH RESPECT TO ADVICE PROVIDED. 12.2. LUS FIBER DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY LUS FIBER WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. LUS FIBER SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVELOSS OF YOUR DATA, OR CONSEQUENTIAL DAMAGES IF CHANGES IN CONNECTION WITH THIS AGREEMENTOPERATION, INCLUDING WITHOUT LIMITATION LOSS PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF REVENUE YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICESOTHERWISE AFFECT ITS PERFORMANCE. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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 PURPOSE12.3. IN NO EVENT SHALL THE LUS FIBER PARTIES OR LUS FIBER’S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF LUS FIBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. 12.4. THE LIABILITY OF THE LUS FIBER PARTIES, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSE OR OTHER AGREEMENTS) OUR THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO LUS FIBER FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW. 12.5. THE REMEDIES EXPRESSLY SET FORTH IN THIS SECTION APPLY AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. THE EXCLUSIVITY OF THESE REMEDIES IS A CRITICAL FACTOR IN THE SET TING OF RATES FOR LUS FIBER SERVICE AND AN ESSENTIAL MOTIVATION FOR LUS FIBER TO FEES DUE FOR PROVIDE SERVICE UNDER 12.6. THESE RATES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE SPRINKLR SERVICES UNDER THIS AGREEMENTEXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 8.1 THE TOTAL LIABILITY OF PHILIPS ARISING UNDER OR IN NO EVENT CONNECTION WITH THE PARTS AND SERVICES FOR ANY BREACH OF CONTRACTUAL OBLIGATIONS, WARRANTY, TORT (INCLUDING NEGLIGENCE), UNLAWFUL ACT, OR OTHERWISE IN CONNECTION WITH THE SERVICE IS LIMITED TO THE ACTUAL PURCHASE PRICE RECEIVED FOR THE SERVICE THAT GAVE RISE TO THE CLAIM. 8.2 PHILIPS SHALL EITHER PARTY NOT BE LIABLE FOR ANY INDIRECT, SPECIALPUNITIVE, INCIDENTAL, PUNITIVEEXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, AND/OR FOR ANY DAMAGES INCLUDING LOSS OF DATA, PROFITS, REVENUE, BUSINESS INTERRUPTION OR USE IN CONNECTION WITH THIS AGREEMENTOR ARISING OUT OF THESE CONDITIONS OF SERVICE, REGARDLESS OF WHETHER THEY ARE FORESEEABLE OR NOT AND WHETHER THE CLAIM IS MADE IN TORT (INCLUDING WITHOUT LIMITATION LOSS NEGLIGENCE), BREACH OF REVENUE CONTRACT, INDEMNITY, AT LAW OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING IN EQUITY. NEITHER 8.3 THE EXCLUSION OF LIABILITY IN THESE CONDITIONS OF SERVICE SHALL ONLY APPLY TO THE SPRINKLR SERVICESEXTENT ALLOWED UNDER THE APPLICABLE LAW. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) 8.4 THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY FOLLOWING ARE NOT SUBJECT TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND UNDER SECTION 8.1: 8.4.1 THIRD-PARTY CLAIMS FOR DIRECT DAMAGES FOR BODILY INJURY OR DEATH TO THE DISCLAIMERS EXTENT CAUSED BY PHILIPS’ NEGLIGENCE OR PROVEN PRODUCT DEFECT. 8.4.2 CLAIMS OF WARRANTIES AND DAMAGES SET FORTH HEREINTANGIBLE PROPERTY DAMAGE REPRESENTING THE ACTUAL COST TO REPAIR PHYSICAL PROPERTY TO THE EXTENT CAUSED BY PHILIPS NEGLIGENCE OR PROVEN PRODUCT DEFECT. 8.4.3 OUT-OF-POCKET COSTS INCURRED BY CUSTOMER TO PROVIDE PATIENT NOTIFICATIONS, AND THAT REQUIRED BY LAW, TO THE SAME FORM AN ESSENTIAL EXTENT SUCH NOTICES ARE CAUSED BY PHILIPS UNAUTHORIZED DISCLOSURE OF PROTECTED HEALTH INFORMATION OR PERSONAL HEALTH INFORMATION. 8.4.4 FINES/PENALTIES LEVIED AGAINST CUSTOMER BY GOVERNMENT AGENCIES CITING PHILIPS’ UNAUTHORIZED DISCLOSURE OF PROTECTED HEALTH INFORMATION OR PERSONAL HEALTH INFORMATION AS THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT FINE/PENALTY; ANY SUCH FINES OR PENALTIES SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTCONSTITUTE DIRECT DAMAGES. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT 14.1. EXCLUSION OF DAMAGES. LICENSOR AND ITS LICENSORS, SERVICE LICENSORS AND SUPPLIERS SHALL EITHER PARTY NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, UNDER OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTAGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATIONS OR OTHERWISE, FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR ANTICIPATED PROFITS PROFIT OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCTDIMINUTION IN VALUE; (iib) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/SERVICES, (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY, OR (iiid) A BREACH OF SECTION 2.8CONSEQUENTIAL, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, LOSSESREGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND CAUSES NOTWITHSTANDING THE FAILURE OF ACTION (WHETHER IN CONTRACT ANY AGREED OR TORTOTHER REMEDY OF ITS ESSENTIAL PURPOSE. BOTH PARTIES UNDERSTAND AND AGREE THAT THE REMEDIES AND LIMITATIONS HEREIN ALLOCATE THE RISKS OF PRODUCT AND SERVICE NONCONFORMITY BETWEEN THE PARTIES AS AUTHORIZED BY LAW. THE FEES HEREIN REFLECT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS AND ARE SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS UPON, THIS ALLOCATION OF LIABILITY RISK AND THE DISCLAIMERS EXCLUSION OF WARRANTIES AND CONSEQUENTIAL DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 (a) EXCEPT WITH RESPECT TO ANY INDEMNIFICATION OBLIGATIONS HEREUNDER FOR THIRD PARTY CLAIMS UNDER SECTION 11.1 OR IN NO THE EVENT SHALL EITHER OF GSK'S WILLFUL MISCONDUCT PURSUANT TO SECTION 11.4(B), GSK'S TOTAL, AGGREGATE LIABILITY FOR ALL CLAIMS BETWEEN THE PARTIES (I.E., NOT BASED ON A THIRD PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH LOSS) ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICESOTHERWISE, SHALL NOT EXCEED [***] DOLLARS ($[***]). 7.2 (b) EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR ONLY IN THE EVENT OF GSK'S WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN GSK SHALL HAVE NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSESCLAIM FOR FAILURE TO SUPPLY OR DELAYED SUPPLY OF ANY PRODUCT, AND CAUSES PROMETHEUS' EXCLUSIVE REMEDIES FOR FAILURE TO SUPPLY OR DELAYED SUPPLY OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF ANY PRODUCT ARE THE SPRINKLR SERVICES, EXCEED, IN DISCOUNT UNDER SECTION 3.7 AND THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE RIGHT TO SPRINKLR FROM AGENCY UNDER TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TWELVE TERMS OF SECTION 14.2. (12c) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE EXCEPT WITH RESPECT TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF ANY INDEMNIFICATION OBLIGATIONS HEREUNDER FOR THIRD PARTY CLAIMS UNDER SECTION 11.2, PROMETHEUS' TOTAL, AGGREGATE LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN FOR ALL CLAIMS BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES (I.E., NOT BASED ON A THIRD PARTY LOSS) ARISING UNDER THIS AGREEMENT. 7.3 Neither party will be liable , WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED [***] DOLLARS ($[***]). *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Eventomitted portions.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO ▇▇.▇. ▇▇ THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EACH PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS SAAS AGREEMENT EXCEED THE TOTAL LIABILITY AMOUNT OF ONE PARTY FEES PAID OR PAYABLE BY CUSTOMER UNDER THE ORDER GIVING RISE TO THE OTHER PARTY CLAIM FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATION SHALL APPLY WHETHER AN ACTION IS IN CONTRACT, TORT, OR OTHERWISE AND REGARDLESS OF THE THEORY OF LIABILITY. (a) NOTWITHSTANDING THE LIMITATIONS SET FORTH IN SECTION 10.1, NEITHER PARTY EXCLUDES OR LIMITS ITS LIABILITY FOR: (i) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 11 (INDEMNIFICATION); (ii) DAMAGES RESULTING FROM EITHER PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD; (iii) DAMAGES RESULTING FROM EITHER PARTY’S BREACH OF SECTION 8 (CONFIDENTIALITY); OR (iv) CUSTOMER’S PAYMENT OBLIGATIONS. ▇▇.▇. AGENCY ACKNOWLEDGES ▇▇ THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING (BY WAY OF EXAMPLE AND NOT AN EXHAUSTIVE LIST), LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF USE, OR OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS SAAS AGREEMENT, HOWEVER CAUSED AND WHETHER IN CONTRACT, TORT, OR OTHERWISE AND REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE IMMEDIATELY PRECEDING SENTENCE, THE FOLLOWING SHALL BE EXCLUDED FROM THE LIMITATIONS SET FORTH IN THIS SECTION 10.2: (A) DAMAGES RESULTING FROM EITHER PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD; AND (B) DAMAGES RESULTING FROM EITHER PARTY’S BREACH OF SECTION 8 (CONFIDENTIALITY). 10.3. THE LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES STATED HEREIN WILL APPLY REGARDLESS OF THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. BOTH PARTIES HEREUNDER SPECIFICALLY ACKNOWLEDGE THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES STATED HEREIN ARE REFLECTED IN THE DISCLAIMERS OF WARRANTIES PRICING AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE BUT FOR SUCH LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND EXCLUSIONS, SAILPOINT WOULD NOT HAVE MADE THE SERVICES AVAILABLE TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTCUSTOMER. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY (a) JETBRAINS WILL NOT BE LIABLE TO SUBSCRIBER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL, PUNITIVECONSEQUENTIAL, OR CONSEQUENTIAL EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR DATA), EVEN IF JETBRAINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, JETBRAINS WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (i) SUBSCRIBER’S INABILITY TO USE THE SERVICE AND/OR SOFTWARE, INCLUDING AS A RESULT OF ANY TERMINATION OR SUSPENSION OF THIS AGREEMENT OR SUBSCRIBER’S USE OF SERVICE AND/OR SOFTWARE; (ii) JETBRAINS’ DISCONTINUATION OF PROVIDING SERVICE AND/OR SOFTWARE; (iii) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF SERVICE AND/OR SOFTWARE FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (iv) THE COST OF PROCUREMENT OF A SUBSTITUTE SERVICE OR SOFTWARE; (v) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY SUBSCRIBER IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS AGREEMENT OR SUBSCRIBER’S USE OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING ACCESS TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; SERVICE AND/OR SOFTWARE; OR (iiivi) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED UNAUTHORIZED ACCESS TO, NEGLIGENCE ALTERATION OF, OR OTHERWISE)THE DELETION, ARISING FROM THIS AGREEMENT DESTRUCTION, DAMAGE, LOSS, OR AGENCYFAILURE TO STORE ANY OF SUBSCRIBER’S AND/OR AGENCY’S CLIENTSDATA. (b) IN ANY CASE, JETBRAINS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY AGGREGATE LIABILITY UNDER THIS AGREEMENT IN WILL BE LIMITED TO THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING AMOUNT THAT SUBSCRIBER ACTUALLY PAID TO JETBRAINS UNDER THIS AGREEMENT FOR THE EVENT GIVING SERVICE THAT GAVE RISE TO THE LIABILITYCLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT LIMITATION WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED JETBRAINS HAS BEEN ADVISED OF THEIR THE POSSIBILITY OF LIABILITY EXCEEDING SUCH AMOUNT AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTPURPOSE OF ANY LIMITED REMEDY. 7.3 Neither party (c) JetBrains will not be liable to the other for any delay or failure to perform, or delay in the performance of, perform any obligation under this Agreement caused by a Force Majeure Eventwhere the delay or failure results from any cause beyond JetBrains’ reasonable control, including, but not limited to, acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquakes, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

Limitations of Liability. 7.1 TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY 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, PUNITIVECOVER, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, EVEN IF INFORMED IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS ADVANCE OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH POSSIBILITY OF SECTION 2.8, SUCH DAMAGES. IN NO EVENT SHALL THE WILL ▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇’S OR ITS SUPPLIERS’ TOTAL LIABILITY OF ONE PARTY TO EXCEED IN AGGREGATE THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY AMOUNT ACTUALLY PAID OR PAYABLE BY CUSTOMER TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT ▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ FOR THE APPLICABLE ▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ SERVICE OR RELATED SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE CLAIM. FOR FREE ACCESS SUBSCRIPTIONS OR BETA RELEASES PROVIDED WITHOUT CHARGE, ▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇’S TOTAL LIABILITY SHALL NOT EXCEED IN AGGREGATE FIFTY POUNDS STERLING (£50 GBP). NOTWITHSTANDING THE FOREGOING, NONE OF THE LIMITATIONS IN THIS SECTION 14 EXCLUDES EITHER PARTY’S LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY TO THE LIABILITYEXTENT CAUSED BY A PARTY’S NEGLIGENCE. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON 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 THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND AGREES THAT THE SAME FORM AN ESSENTIAL THIS SECTION 14 IS A FUNDAMENTAL BASIS OF THE BARGAIN AND A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY TO ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY ▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ TECHNOLOGY OR ANY RELATED SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF ANY LIMITED REMEDY IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF THEIR ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 EXCEPT AS PROVIDED IN SECTION 8(c), AND EXCEPT TO THE EXTENT PROHIBITED BY LAW: (1) A PARTY HAS NO EVENT SHALL EITHER LIABILITY TO THE OTHER PARTY BE LIABLE OR TO THIRD PARTIES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE LOSS OF USE, LOSS OF BUSINESS, LOSS OF PROFITS OR REVENUE, GOODWILL OR SAVINGS, OR DAMAGE TO, LOSS OF OR REPLACEMENT OF DATA OR, COST OF PROCUREMENT OF SUBSTITUTE SERVICES) RELATING IN ANY MANNER TO THE SERVICES (WHETHER ARISING FROM CLAIMS BASED IN CONTRACT, TORT OR OTHERWISE), ARISING FROM THIS AGREEMENT EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR AGENCY’S AND/OR AGENCY’S CLIENTS’ DAMAGE; (2) IN ANY CASE, COMPANY'S ENTIRE LIABILITY RELATING IN ANY MANNER TO THE SERVICES, INCLUDING THE USE OF THE SPRINKLR SERVICESSYSTEM, EXCEEDREGARDLESS OF THE FORM OR NATURE OF THE CLAIM, IS LIMITED IN THE AGGREGATE, AGGREGATE TO THE TOTAL FEES RECEIVED BY OR PAYABLE ACTUALLY PAID TO SPRINKLR FROM AGENCY COMPANY UNDER THIS AGREEMENT IN DURING THE TWELVE SIX (126) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE PRIOR TO THE LIABILITYCLAIM ARISING; AND (3) COMPANY IS NOT LIABLE TO CLIENT OR A THIRD PARTY FOR DIRECT OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE ACTS OR OMISSIONS OF NETWORK MEMBERS OR AFFILIATED REPRESENTATIVES EXCEPT AS EXPRESSLY PERMITTED IN THIS AGREEMENT. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS SECTION 8 ARE A FUNDAMENTAL PART OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN HEREUNDER, AND COMPANY WOULD NOT PROVIDE THE PARTIES. SERVICES TO CLIENT AND CLIENT WOULD NOT ENGAGE 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR COMPANY’S SERVICES UNDER THIS AGREEMENTWITHOUT THEM. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL WILL EITHER PARTY PARTY, OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO THE OTHER FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR THE BREACH THEREOF. SUCH EXCLUDED DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES OR COSTS INCURRED AS A RESULT OF LOSS OF TIME, LOSS OF DATA OR LOSS OF PROFITS THAT MAY ARISE IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF WHETHER TTG HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS OR WHETHER SUCH DAMAGES OR CLAIMS ARE BASED ON BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, PRODUCTS LIABILITY OR OTHERWISE. 7.2 TTG WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTCLAIM AGAINST USER BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICESUser’s CUSTOMERS EXCEPT AS OTHERWISE PROVIDED HEREIN. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, 7.3 IN NO EVENT SHALL THE TOTAL WILL TTG’S LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGESDAMAGES OR INJURIES TO USER OR ANY CUSTOMER EVER EXCEED THE LICENSE FEE PAID BY USER FOR THE PRODUCT, LOSSESREGARDLESS OF THE FORM OF ACTION, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE PRODUCTS LIABILITY OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON . 7.4 THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION 7 SHALL NOT APPLY TO: (I) TTG’S OBLIGATIONS SET FORTH IN SECTION 6 HEREOF, (II) DAMAGES TO FEES DUE REAL OR TANGIBLE PERSONAL PROPERTY, OR FOR BODILY INJURY OR DEATH, PROXIMATELY CAUSED BY TTG’S NEGLIGENCE, PRODUCTS, OR WILLFUL ACTS OR (III) WILLFUL AND FRAUDULENT MISREPRESENTATION BY TTG. HOWEVER, THE SPRINKLR SERVICES UNDER THIS AGREEMENTFOREGOING DOES NOT CONFER ANY RIGHT OR REMEDY UPON USER TO WHICH IT WOULD NOT OTHERWISE BE ENTITLED. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE 14.1 CATALENT’S TOTAL LIABILITY UNDER THIS AGREEMENT FOR ANY INDIRECTAND ALL CLAIMS FOR LOST, SPECIALDAMAGED OR DESTROYED API OR OTHER CLIENT-SUPPLIED MATERIALS, INCIDENTALWHETHER OR NOT SUCH API OR CLIENT-SUPPLIED MATERIALS ARE INCORPORATED INTO PRODUCT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING SHALL NOT EXCEED [***] PER INCIDENT GIVING RISE TO THE SPRINKLR SERVICES. 7.2 CLAIM, EXCEPT FOR (i) EITHER PARTYIN THE EVENT THAT CATALENT’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) MISCONDUCT CAUSES THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/LOSS OR (iii) A BREACH OF SECTION 2.8DAMAGE, IN WHICH CASE CATALENT’S TOTAL LIABILITY SHALL NOT EXCEED [***] PER INCIDENT GIVING RISE TO THE CLAIM. 14.2 CATALENT’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL IN NO EVENT SHALL EXCEED THE LESSER OF (A) [***] OR (B) [***] BY CLIENT UNDER THIS AGREEMENT DURING THE CONTRACT YEAR IN WHICH THE BATCH GIVING RISE TO THE CLAIM WAS MANUFACTURED, PROVIDED, HOWEVER, THAT CATALENT’S TOTAL LIABILITY OF ONE FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT SHALL IN NO EVENT EXCEED [***]. 14.3 NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY AND ALL DAMAGESINDIRECT, LOSSESINCIDENTAL, AND CAUSES SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ACTION (PERFORMANCE UNDER THIS AGREEMENT, INCLUDING LOSS OF REVENUES, REPUTATION, PROFITS OR DATA, WHETHER IN CONTRACT OR IN TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS POSSIBILITY OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTSUCH DAMAGES. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOKIA, ITS AFFILIATES (INCLUDING THE TOTAL LIABILITY OF ONE PARTY OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OR NOKIA OR ITS AFFILIATES), LICENSORS, RESELLERS OR SUPPLIERS BE LIABLE TO THE OTHER PARTY BUYER FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, OR SPECIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM MALICIOUS SOFTWARE, LOSS OF USE, DATA OR PROFITS (HOWEVER CAUSED AND ALL DAMAGESUNDER ANY THEORY OF LIABILITY), LOSSESEVEN IF NOKIA, ITS AFFILIATES (INCLUDING THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CAUSES OF ACTION (WHETHER IN CONTRACT REPRESENTATIVES OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE NOKIA OR OTHERWISEITS AFFILIATES), ARISING FROM THIS AGREEMENT LICENSORS, RESELLERS OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE SUPPLIERS HAS BEEN ADVISED OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS POSSIBILITY OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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 PURPOSESUCH DAMAGES. IN NO EVENT SHALL NOKIA’S, ITS AFFILIATES’, LICENSORS’ OR SUPPLIER’S LIABILITY FOR A PRODUCT (WHETHER ASSERTED AS A TORT CLAIM, A CONTRACT CLAIM, AN EQUITY CLAIM OR OTHERWISE) EXCEED THE AMOUNTS PAID TO NOKIA FOR SUCH PRODUCT(S). IN NO EVENT WILL NOKIA, ITS AFFILIATES (INCLUDING THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OR NOKIA OR ITS AFFILIATES), LICENSORS, RESELLERS OR SUPPLIERS BE LIABLE FOR (I) COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY BUYER; (II) LOSS OF BUSINESS OR WORK INTERRUPTION; OR (III) DAMAGES ARISING OUT OF LATE DELIVERY OF THE PRODUCTS. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY TO ALL LIABILITIES THAT MAY ARISE OUT OF THIRD PARTY CLAIMS AGAINST BUYER. THESE LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE LIMITATIONS SET FORTH IN THIS SECTION 8 SHALL APPLY WHERE THE DAMAGES ARISE OUT OF OR RELATE TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 15.1 CARDINAL HEALTH’S LIABILITY UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS FOR LOST, DAMAGED OR DESTROYED API OR OTHER RELIANT-SUPPLIED MATERIALS WHETHER OR NOT SUCH API OR RELIANT-SUPPLIED MATERIALS ARE INCORPORATED INTO PRODUCT SHALL NOT EXCEED [***] PER BATCH, UP TO [***]. IN THE EVENT THAT CARDINAL HEALTH LIABILITY FOR LOST API SHALL EXCEED [***] FOR ANY CONTRACT YEAR DURING THE TERM, THE PARTIES SHALL MEET WITHIN THIRTY (30) DAYS FROM THE DATE CARDINAL HEALTH’S LIABILITY FOR LOST API [***], OR (B) [***]. IN THE EVENT THAT THE PARTIES CANNOT REACH AN AGREEMENT WITH REGARD TO THE FOREGOING SENTENCE WITHIN SUCH THIRTY (30) DAY PERIOD, RELIANT SHALL HAVE THE SOLE OPTION TO (X) [***] (Y) [***]. FOR AVOIDANCE OF DOUBT, ANY AMOUNTS OWING BY CARDINAL HEALTH HEREUNDER SHALL NOT COUNT AGAINST THE LIABILITY CAP SET FORTH IN SECTION 15.2 BELOW. 15.2 NOTWITHSTANDING, AND SPECIFICALLY EXCLUDING, ANY AMOUNTS OWED BY CARDINAL HEALTH TO RELIANT UNDER SECTION 15.1 ABOVE, AND SPECIFICALLY EXCLUDING LOSSES RESULTING FROM CARDINAL HEALTH’S [***]: 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. GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, CARDINAL HEALTH’S TOTAL LIABILITY UNDER THIS AGREEMENT OTHER THAN FOR LOST, DAMAGED OR DESTROYED API, SHALL IN NO EVENT EXCEED [***]. 15.3 NEITHER PARTY SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH (EXCEPT FOR THOSE INDEMNITY OBLIGATIONS UNDER ARTICLE 14 THAT ARE DEEMED CONSEQUENTIAL DAMAGES) ARISING OUT OF PERFORMANCE UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LIMITATION, LOSS OF REVENUE OR ANTICIPATED REVENUES, PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8DATA, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS POSSIBILITY OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTSUCH DAMAGES. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 EXCEPT AS OTHERWISE EXPRESSLY SET OUT IN THIS AGREEMENT: 6.3.1 EACH PARTY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED OR EXPRESS WARRANTIES AND MAKES NO EVENT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, SAFETY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE LICENSED TECHNOLOGY, OR THAT THE LICENSED TECHNOLOGY CAN BE EXPLOITED TO GENERATE REVENUES; 6.3.2 UHN DOES NOT WARRANT OR REPRESENT THAT ISSUED PATENTS ARE VALID, OR PENDING PATENT APPLICATIONS WILL ISSUE, OR WHEN ISSUED WILL BE VALID, OR THAT THE PRACTICE OR EXPLOITATION OF ANY LICENSED TECHNOLOGY PROVIDED PURSUANT TO THIS AGREEMENT, DOES NOT, OR WILL NOT, CONSTITUTE INFRINGEMENT OF RIGHTS OF THIRD PARTIES; 6.3.3 NEITHER PARTY SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTALCONSEQUENTIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTPUNITIVE DAMAGE OR LOSS OF BUSINESS OR LOSS OF PROFITS SUFFERED BY SUCH OTHER PARTY RESULTING FROM THE USE OR OTHER EXPLOITATION OF THE LICENSED TECHNOLOGY, INCLUDING WITHOUT LIMITATION LOSS THE SALE OF REVENUE ANY LICENSED PRODUCTS. FURTHERMORE, UHN MAKES NO REPRESENTATION THAT THE LICENSED TECHNOLOGY IS FREE FROM DEFECT OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTINTELLECTUAL PROPERTY INFRINGEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 EXCEPT WITH RESPECT TO CLAMS RELATED TO EACH PARTY’S NONDISCLOSURE OBLIGATIONS UNDER SECTION 11, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSESINCLUDING ANY LOST PROFITS, EXEMPLARY OR SPECIAL DAMAGES, HOWEVER CAUSED AND CAUSES ON ANY THEORY OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE)LIABILITY, ARISING FROM OUT OF THIS AGREEMENT OR AGENCYOTHERWISE. IN ALL EVENTS, EACH PARTY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, TOTAL LIABILITY IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY AGGREGATE UNDER THIS AGREEMENT IN THE TWELVE (12EXCEPT WITH RESPECT TO LICENSEE’S ROYALTY OBLIGATIONS AND WITH CLAIMS RELATED TO EACH PARTY’S NONDISCLOSURE OBLIGATIONS UNDER SECTION 11) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE IS LIMITED TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO SHALL NOT EXCEED FIVE HUNDRED THOUSAND U.S. DOLLARS (US $500,000), PLUS ANY ATTORNEYS’ FEES AND INTEREST WHICH MAY BE DUE UNDER THIS AGREEMENT IN RELIANCE UPON OR UNDER LAW. FOR THE LIMITATIONS AVOIDANCE OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREINDOUBT, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS NOTHING IN THIS SECTION APPLY 7 SHALL BE CONSTRUED TO FEES DUE FOR LIMIT THE SPRINKLR LIABILITY OF LICENSEE RESULTING FROM LICENSEE’S MANUFACTURE, SALE OR USE OF ANY PRODUCTS OR SERVICES UNDER THIS AGREEMENTOUTSIDE OF THE SCOPE OF THE LICENSE GRANTED HEREUNDER. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 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 SHALL EITHER PARTY 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 LIABLE 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 ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ALL PACKAGING OF VALBENAZINE DITOSYLATE 40MG & 80MG CAPSULES. EXCEPT IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS THE CASE OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTYPCI’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT 12 MONTH PERIOD SHALL THE TOTAL PCI’S LIABILITY OF ONE UNDER THIS AGREEMENT EXCEED $[…***…]. 14.2 NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY AND ALL DAMAGESINDIRECT, LOSSESINCIDENTAL, AND CAUSES SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF ACTION (REVENUES, PROFITS OR DATA ARISING OUT OF PERFORMANCE UNDER THIS AGREEMENT, WHETHER IN CONTRACT OR IN TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS POSSIBILITY OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTSUCH DAMAGES. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 EXCEPT WITH RESPECT TO CLAIMS RELATED TO NETRATINGS’ OR LICENSEE’S NON-DISCLOSURE OBLIGATIONS UNDER SECTION 10, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSESINCLUDING ANY LOST PROFITS, * This information has been omitted pursuant to a request for confidential treatment under 24b-2 of the Exchange Act of 1934 and has been filed separately with the Securities and Exchange Commission. EXEMPLARY OR SPECIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT. IN ALL EVENTS, EACH PARTY’S TOTAL LIABILITY IN THE AGGREGATE UNDER THIS AGREEMENT (EXCEPT WITH RESPECT TO CLAIMS RELATED TO NETRATINGS’ OR LICENSEE’S NON-DISCLOSURE OBLIGATIONS UNDER SECTION 10) IS LIMITED TO AND SHALL NOT EXCEED: (I) WITH RESPECT TO NETRATINGS, THE MONIES RECEIVED BY NETRATINGS FROM LICENSEE UNDER THIS AGREEMENT, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORTII) WITH RESPECT TO LICENSEE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM TWO MILLION U.S. DOLLARS (US $2,000,000) PLUS INTEREST DUE UNDER THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE BY LAW. FOR THE AVOIDANCE OF THE SPRINKLR SERVICESDOUBT, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS NOTHING IN THIS SECTION APPLY 6 SHALL BE CONSTRUED TO FEES DUE FOR LIMIT ANY LIABILITY OF LICENSEE RESULTING FROM LICENSEE’S MANUFACTURE, SALE OR USE OF ANY PRODUCTS OR SERVICES OUTSIDE OF THE SPRINKLR SERVICES UNDER THIS AGREEMENTSCOPE OF THE LICENSE GRANTED HEREUNDER. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN No Warranties THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT ARE OFFERED AND MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. EARNIN AND ITS AFFILIATES AND LICENSORS MAKE NO EVENT SHALL EITHER PARTY REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, (I) REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTINUED AVAILABILITY OF THE CONTENT, (II) THAT THE CONTENT WILL BE FREE OF BUGS, DEFECTS, OR ERRORS, OR INFECTION FROM ANY VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE CODE OR COMPUTER PROGRAMMING ROUTINES, (III) REGARDING THE OPERATION OF THE SITES OR THE SERVICES, (IV) THAT THE SERVICES ARE APPROPRIATE FOR YOUR FINANCIAL NEEDS, OR (V) THAT THE SITES, SERVICES, OR CONTENT ARE APPROPRIATE FOR ACCESS OR USE OUTSIDE OF THE UNITED STATES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EARNIN AND ITS AFFILIATES AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU AGREE THAT YOUR USE OF THE SITES AND THE SERVICES IS AT YOUR SOLE RISK. EARNIN AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR TO YOU OR TO ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER THIRD PARTY FOR ANY AND ALL DAMAGESLOSS OR DAMAGE ARISING FROM ANY ERROR OR DELAY, LOSSESNON- PERFORMANCE, AND CAUSES OR INTERRUPTION OF ACTION THE SITES OR THE SERVICES. NEITHER EARNIN, CSIDENTITY CORPORATION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE“CSID”), ARISING FROM THIS AGREEMENT NOR ANY OF THEIR RESPECTIVE AFFILIATES OR AGENCY’S AND/CREDIT INFORMATION SUBCONTRACTORS MAKE ANY WARRANTY, EXPRESS OR AGENCY’S CLIENTS’ USE IMPLIED, FOR THE ACCURACY OF THE SPRINKLR SERVICESINFORMATION CONTAINED IN, EXCEEDOR PROVIDED IN CONJUNCTION WITH, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTEARNIN’S CREDIT MONITORING SERVICE. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 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 PARTY, ITS AFFILIATES OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIALPUNITIVE, INCIDENTAL, PUNITIVESPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTEXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF REVENUE PROFITS, GOODWILL, USE, DATA OR ANTICIPATED PROFITS OTHER INTANGIBLE LOSSES ARISING OUT OF OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR THIS AGREEMENT; AND (ib) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL EITHER PARTY’S CUMULATIVE AND AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL LIABILITY OF ONE PARTY FEES PAID TO DATADOG BY A CUSTOMER ENTITY UNDER THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISEAPPLICABLE ORDER(S), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF INCLUDING PRIOR ORDERS FOR THE SPRINKLR SERVICES, EXCEEDSAME SERVICE, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES THE EXCLUSIONS AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR WHETHER THE SPRINKLR SERVICES UNDER THIS AGREEMENTALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE NON-BREACHING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 7.3 Neither party will be liable 18.2. The exclusions and limitations in Section 18.1 shall not apply to the other for any a Party’s indemnification obligations under Section 17, Losses arising out of a Party’s failure to performcomply with its confidentiality obligations under Section 11, or delay in the performance of, any obligation your payment obligations to Datadog under this Agreement caused by a Force Majeure EventAgreement.

Limitations of Liability. 7.1 EXCEPT AS EXPRESSLY AND SPECIFICALLY PROVIDED IN NO EVENT THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND ALL OTHER TERMS OF ANY KIND WHATSOEVER IMPLIED BY STATUTE OR COMMON LAW ARE EXCLUDED FROM THIS AGREEMENT. HACKTHEBOS DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEIR OPERATION OR USE WILL BE UNINTERRUPTED OR ERROR FREE. HACKTHEBOX DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INTERFERENCE, OR FITNESS FOR A PARTICULAR PURPOSE. 7.2 NOTHING IN THIS AGREEMENT SHALL EITHER LIMIT OR EXCLUDE THE LIABILITY OF A PARTY: (I) FOR DEATH OR PERSONAL INJURY CAUSED BY THAT PARTY’S NEGLIGENCE; (II) FOR FRAUD OR FRAUDULENT MISREPRESENTATION; AND (III) IN RESPECT OF THAT PARTY’S CONFIDENTIALITY AND INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE YOUR LIABILITY FOR ANY BREACH, INFRINGEMENT OR MISAPPROPRIATION OF OUR INTELLECTUAL PROPERTY RIGHTS. 7.3 SUBJECT TO SECTION 7.2, TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, MISREPRESENTATION, RESTITUTION OR OTHERWISE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH LOSS, DAMAGES, COSTS, CHARGES OR EXPENSES HOWEVER ARISING UNDER THIS AGREEMENT OR ANY LOSS OF BUSINESS, REVENUE OR PROFIT, OR DEPLETION OF REPUTATION OR GOODWILL OR SIMILAR LOSSES, OR LOSS OR CORRUPTION OF DATA OR INFORMATION, OR PURE ECONOMIC LOSS HOWEVER ARISING. 7.4 SUBJECT TO SECTION 7.2, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY’S MAXIMUM LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION LOSS OF REVENUE NEGLIGENCE) MISREPRESENTATION, RESTITUTION OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8OTHERWISE, SHALL IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE ACTUALLY PAID TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT HACKTHEBOX IN RESPECT OF THE SUBSCRIBER’S SUBSCRIPTION IN THE TWELVE (12) 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO DATE ON WHICH THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTCLAIM AROSE. 7.3 Neither party will be liable to the other for any failure to perform7.5 SUBSCRIBER ACKNOWLEDGES AND AGREES THAT ABSENT ITS AGREEMENT TO THIS LIMITATION OF LIABILITY, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure EventHACKTHEBOX WOULD NOT PROVIDE THE SERVICE TO SUBSCRIBER.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY IN THE AGREEMENT APPLY TO THIS ADDENDUM. IN ADDITION: (a) Liability Disclaimers. AWS AND THE DISCLAIMERS ITS AFFILIATES OR LICENSORS WILL NOT BE LIABLE TO CUSTOMER UNDER ANY CAUSE OF WARRANTIES AND DAMAGES SET FORTH HEREINACTION OR THEORY OF LIABILITY, AND THAT THE SAME FORM AN ESSENTIAL BASIS EVEN IF CUSTOMER HAS BEEN ADVISED OF THE BARGAIN BETWEEN POSSIBILITY OF SUCH DAMAGES, FOR ANY DAMAGES ARISING OR RESULTING FROM (I) AWS’ PERFORMANCE OF THE PARTIESINSTRUCTIONS CONTAINED IN A REQUEST FOR CHANGE OR SERVICE REQUEST, (II) ANY USE OF CUSTOMER SOFTWARE BY AWS IN PERFORMING AWS MANAGED SERVICES IN ACCORDANCE WITH THIS ADDENDUM, OR (III) CUSTOMER’S USE OR AWS’S PROVISION OF AWS MANAGED SERVICES FOR UNSUPPORTED CONFIGURATIONS UNDER SECTION 3.9. (b) Damages Cap. THE PARTIES AGREE THAT THE LIMITATIONS AGGREGATE LIABILITY UNDER THIS ADDENDUM OF EITHER PARTY AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED ANY OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL RESPECTIVE AFFILIATES OR LICENSORS WILL NOT EXCEED THE LIMITATIONS AMOUNTS PAID BY CUSTOMER TO AWS UNDER THIS ADDENDUM FOR AWS MANAGED SERVICES DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE; PROVIDED THAT NOTHING IN THIS SECTION APPLY 3.10(b) WILL LIMIT: (I) CUSTOMER’S OBLIGATION TO FEES DUE PAY AWS FOR CUSTOMER’S USE OF AWS MANAGED SERVICES PURSUANT TO SECTION 3.5, OR (II) PAYMENT OBLIGATIONS ARISING UNDER AN INDEMNIFICATION OBLIGATION IN THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 12.1 IN NO EVENT SHALL EITHER PARTY SONY OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECTPROSPECTIVE PROFITS, OR SPECIAL, INCIDENTAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE BREACH OF THIS AGREEMENT BY SCEE), WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. IN NO EVENT SHALL SONY'S LIABILITY ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING LIABILITY FOR DIRECT DAMAGES, AND INCLUDING WITHOUT LIMITATION ANY LIABILITY UNDER CLAUSE 11.1, EXCEED THE PLATFORM CHARGE PAID BY PUBLISHER TO SCEE UNDER CLAUSE 7 WITHIN THE 2 (TWO) YEARS PRIOR TO THE SPRINKLR SERVICES. 7.2 DATE OF THE FIRST OCCURRENCE OF THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY. EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE AS EXPRESSLY SET FORTH HEREIN, NO SONY ENTITY, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR WILLFUL MISCONDUCT; (ii) AGENTS, SHALL BEAR ANY RISK, OR HAVE ANY RESPONSIBILITY OR LIABILITY, OF ANY KIND TO PUBLISHER OR TO ANY THIRD PARTIES WITH RESPECT TO THE PARTIES’ INDEMNIFICATION OBLIGATIONS; FUNCTIONALITY AND/OR (iii) A BREACH PERFORMANCE OF SECTION 2.8, LICENSED PRODUCTS. 12.2 IN NO EVENT SHALL PUBLISHER BE LIABLE TO SCEE FOR PROSPECTIVE PROFITS, OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE TOTAL BREACH OF THIS AGREEMENT BY PUBLISHER), WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES PROVIDED THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE PUBLISHER EXPRESSLY AGREES THAT SUCH LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION NOT APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER DAMAGES RESULTING FROM PUBLISHER'S BREACH OF CLAUSES 2, 3, 4, 9 OR 11.2 OF THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform12.3 SUBJECT AS EXPRESSLY PROVIDED IN CLAUSES 10.1 AND 10.2, or delay in the performance ofNO SONY ENTITY NOR ITS SUPPLIERS MAKE, any obligation under this Agreement caused by a Force Majeure EventNOR DOES PUBLISHER RECEIVE, ANY WARRANTIES (EXPRESS, IMPLIED OR STATUTORY) REGARDING THE SONY MATERIALS AND/OR UNITS OF MANUFACTURED MATERIALS MANUFACTURED HEREUNDER. SONY SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OF, OR INABILITY TO USE, SUCH UNITS OF MANUFACTURED MATERIALS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY WARRANTIES, CONDITIONS OR OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW (INCLUDING AS TO MERCHANTABILITY, SATISFACTORY QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE AND THE EQUIVALENTS THEREOF UNDER THE LAWS OF ANY JURISDICTION) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. HOWEVER, NOTHING IN THIS AGREEMENT SHALL LIMIT SONY'S LIABILITY IN RELATION TO CLAIMS ARISING FROM THE INJURY OR DEATH OF ANY PERSON RESULTING FROM THE PROVEN NEGLIGENCE OF SONY.

Limitations of Liability. 7.1 IN NO EVENT NEITHER PARTY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS, SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGESINDIRECT, LOSSESINCIDENTAL, AND CAUSES SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LIABILITY (INCLUDING REASONABLE ATTORNEYS’ FEES) THAT RESULT FROM OR ARE RELATED TO THE AGREEMENT OR ANY OF ACTION (THE JAGGAER APPLICATIONS, WHETHER IN CONTRACT OR TORTTORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDINGEVEN IF THE OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITY. IN ANY EVENT, BUT NOT LIMITED TOEXCEPT FOR AMOUNTS OWED TO JAGGAER BY CLIENT AS SET FORTH IN AN ORDER FORM, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS THE AGREEMENT OR AGENCY’S AND/ANOTHER DOCUMENT, THE AGGREGATE LIABILITY OF EITHER PARTY RELATED TO OR AGENCY’S CLIENTS’ USE ARISING OUT OF THE SPRINKLR SERVICESAGREEMENT OR ANY OF THE JAGGAER APPLICATIONS, EXCEEDWHETHER IN CONTRACT, IN TORT OR UNDER ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED THE AGGREGATE, THE TOTAL FEES AMOUNTS RECEIVED BY OR PAYABLE TO SPRINKLR JAGGAER FROM AGENCY UNDER THIS AGREEMENT CLIENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITYSUCH DAMAGES. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY UNDER THIS SECTION SHALL NOT APPLY TO ANY OBLIGATIONS AND THE DISCLAIMERS LIABILITIES ARISING FROM VIOLATIONS BY EITHER PARTY HEREUNDER OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS SECTIONS 3 OR 8 OF THE BARGAIN BETWEEN AGREEMENT, OR ANY INDEMNIFICATION PROVIDED BY JAGGAER UNDER SECTION 7 OF THE PARTIESAGREEMENT. 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 PURPOSEEN AUCUN CAS, EXCEPTÉ POUR LES MONTANTS DUS À JAGGAER PAR LE CLIENT ET DÉTAILLÉS DANS UN FORMULAIRE CONTRACTUEL, DANS LE CONTRAT OU DANS TOUT AUTRE DOCUMENT, LA RESPONSABILITÉ CUMULÉE DE L’UNE OU L’AUTRE PARTIE DÉCOULANT DE OU LIÉE AU CONTRAT OU À UNE QUELCONQUE APPLICATION JAGGAER, AU TITRE DE LA RESPONSABILITÉ CONTRACTUELLE OU EXTRACONTRACTUELLE OU DE TOUTE AUTRE THÉORIE JURIDIQUE, NE DOIT DÉPASSER LES MONTANTS VERSÉS PAR LE CLIENT À JAGGAER ▇▇▇▇▇▇ ▇▇▇ DOUZE MOIS PRÉCÉDANT L’ÉVÉNEMENT QUI A ENGENDRÉ LESDITS DOMMAGES. IN NO EVENT SHALL THE LIMITATIONS IN THIS LA LIMITATION DE RESPONSABILITÉ PREVUE PAR CETTE SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTNE S’APPLIQUE PAS AUX OBLIGATIONS ET RESPONSABILITÉS DÉCOULANT DE VIOLATIONS PAR L’UNE OU L’AUTRE PARTIE AUX PREVISIONS DES SECTIONS 3 OU 8 DU CONTRAT, OU À UNE QUELCONQUE INDEMNISATION FOURNIE PAR JAGGAER EN VERTU DE LA SECTION 7 DU CONTRAT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY WILL FOUNDATION (INCLUDING ITS SUBSIDIARIES, ITS PARENT AND SUBSIDIARIES OF ITS PARENT, ITS SERVICE PROVIDERS AND LICENSORS, AND THE EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS THEREOF) BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL PUNITIVE DAMAGES UNDER THIS AGREEMENT OR IN CONNECTION WITH THIS AGREEMENTANY SERVICES PROVIDED BY FOUNDATION HEREUNDER, INCLUDING WITHOUT LIMITATION LIMITATION, DAMAGES FOR LEA'S MISUSE OF THE CALIFORNIA COLLEGES WEBSITE, LOSS OF REVENUE BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANTICIPATED PROFITS OTHER PECUNIARY LOSS ARISING OUT OF THE USE OR LOST BUSINESS OR LOST SALES INABILITY TO USE THE SERVICES, DATA OR ANY OTHER MATTER RELATING OUTPUT, EVEN IF FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF AVAILABLE REMEDIES ARE FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THE SPRINKLR SERVICES. 7.2 EXCEPT TOTAL LIABILITY, IF ANY, OF FOUNDATION (INCLUDING ITS SUBSIDIARIES, ITS PARENT AND SUBSIDIARIES OF ITS PARENT, ITS SERVICE PROVIDERS AND LICENSORS, AND THE EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS THEREOF) IN THE AGGREGATE OVER THE TERM OF THIS AGREEMENT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE ALL CLAIMS, CAUSES OF ACTION OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; LIABILITY WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE ARISING UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT AND/OR THE SERVICES PROVIDED HEREUNDER (iii) A BREACH OF SECTION 2.8COLLECTIVELY, IN NO EVENT “CLAIMS’), SHALL THE TOTAL LIABILITY OF ONE PARTY BE LIMITED TO THE OTHER PARTY LEA’S DIRECT DAMAGES, ACTUALLY INCURRED. FOUNDATION, (INCLUDING ITS SERVICE PROVIDERS, VENDOR, AND LICENSORS, AND THE EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS THEREOF) SHALL HAVE NO LIABILITY, EXPRESS OR IMPLIED, WHETHER ARISING UNDER CONTRACT, TORT OR OTHERWISE, FOR ANY AND ALL DAMAGESCLAIM OR DEMAND: (A) RESULTING DIRECTLY OR INDIRECTLY FROM FOUNDATION’S INTERNAL OPERATIONS, LOSSESEQUIPMENT, AND CAUSES OF ACTION SYSTEMS OR SOFTWARE OWNED OR LICENSED BY FOUNDATION; OR (WHETHER IN CONTRACT OR TORTB) BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE EVEN IF FOUNDATION WAS ADVISED OF THE SPRINKLR SERVICESPOSSIBILITY OF SUCH CLAIMS OR DEMANDS, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITYEXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN. AGENCY ▇▇▇ ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES FOUNDATION PROVIDES THESE SERVICES WITHOUT A FEE AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREININ THIS AGREEMENT, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 (a) EXCEPT WITH RESPECT TO ANY INDEMNIFICATION OBLIGATIONS HEREUNDER FOR THIRD PARTY CLAIMS UNDER SECTION 11.1 OR IN THE EVENT OF GSK'S WILLFUL MISCONDUCT PURSUANT TO SECTION 11.4(B), GSK'S TOTAL, AGGREGATE LIABILITY FOR ALL CLAIMS BETWEEN THE PARTIES (I.E., NOT BASED ON A THIRD PARTY LOSS) ARISING UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED [***] DOLLARS ($[***]). (b) EXCEPT ONLY IN THE EVENT OF GSK'S WILLFUL MISCONDUCT, GSK SHALL HAVE NO LIABILITY FOR ANY CLAIM FOR FAILURE TO SUPPLY OR DELAYED SUPPLY OF ANY PRODUCT, AND PROMETHEUS' EXCLUSIVE REMEDIES FOR FAILURE TO SUPPLY OR DELAYED SUPPLY OF ANY PRODUCT ARE THE DISCOUNT UNDER SECTION 3.7 AND THE RIGHT TO TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS OF SECTION 14.2. (c) EXCEPT WITH RESPECT TO ANY INDEMNIFICATION OBLIGATIONS HEREUNDER FOR THIRD PARTY CLAIMS UNDER SECTION 11.2, PROMETHEUS' TOTAL, AGGREGATE LIABILITY FOR ALL CLAIMS BETWEEN THE PARTIES (I.E., NOT BASED ON A THIRD PARTY LOSS) ARISING UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED [***] DOLLARS ($[***]). *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. (d) IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER, FOR ANY INDIRECT, SPECIALCONSEQUENTIAL, INCIDENTAL, PUNITIVE, LIQUIDATED OR CONSEQUENTIAL INDIRECT DAMAGES IN CONNECTION WITH THIS AGREEMENTOR LOSSES, INCLUDING WITHOUT LIMITATION ANY LOSS OF REVENUE PROFITS, EARNINGS, GOODWILL, SAVINGS OR ANTICIPATED PROFITS BUSINESS SUFFERED BY PROMETHEUS OR LOST BUSINESS OR LOST SALES OR GSK, HOWEVER CAUSED AND ON ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH THEORY OF SECTION 2.8LIABILITY, IN NO EVENT SHALL THE TOTAL LIABILITY REGARDLESS OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES FAILURE OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE ESSENTIAL PURPOSE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES ANY REMEDY AVAILABLE UNDER THIS AGREEMENT. FOR THE AVOIDANCE OF DOUBT, THIS SECTION 11.4(D) DOES NOT LIMIT A PARTY'S RIGHT TO INDEMNIFICATION UNDER SECTION 11.1 OR 11.2 WITH RESPECT TO ANY CONSEQUENTIAL, INCIDENTAL, LIQUIDATED OR INDIRECT DAMAGES OR LOSSES PAID IN RESPECT OF A THIRD PARTY CLAIM. 7.3 Neither party will be liable to the other for any failure to perform(e) NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, or delay in the performance ofTHE PARTIES RIGHTS AND OBLIGATIONS WITH RESPECT TO THIRD PARTY CLAIMS BASED UPON INHERENT CHARACTERISTICS OF THE PRODUCT (E.G., any obligation under this Agreement caused by a Force Majeure EventEFFICACY AND SAFETY) AS APPROVED BY APPLICABLE REGULATORY AUTHORITIES SHALL BE ADDRESSED PURSUANT TO THE ASSET PURCHASE AGREEMENT.

Limitations of Liability. 7.1 11.1 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, AND EXCEPT WITH RESPECT TO LICENSEE’S BREACH OF THE LICENSE GRANT, LICENSE RESTRICTIONS OR CONFIDENTIALITY, THE LIABILITY OF EITHER PARTY ARISING OUT OF THIS AGREEMENT, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL NOT EXCEED THE AGGREGATE OF THE AMOUNT PAID TO ALTERA BY THE LICENSEE USING THE SOLUTION (AS DEFINED IN THE TERMS AND CONDITIONS OF SALE SEPARATELY ENTERED INTO BETWEEN ALTERA AND LICENSEE) IN THE YEAR FOR WHICH THE INCIDENT GIVING RISE TO THE LIABILITY OCCURS OR USD100,000, WHICHEVER IS THE LOWER. 11.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, AND EXCEPT WITH RESPECT TO LICENSEE’S BREACH OF THE LICENSE GRANT, LICENSE RESTRICTIONS OR CONFIDENTIALITY, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE DAMAGES TO GOODWILL, LOSS OF USE, REVENUES, PROFITS OR OTHERWISE)SAVINGS, ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE EVEN IF ADVISED OF THE SPRINKLR SERVICES, EXCEED, IN POSSIBILITY OF SUCH DAMAGES. 11.3 THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS FAILURE OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS ESSENTIAL PURPOSE OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES ANY REMEDY UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT 8.1 The following limitations are in addition to those set forth in the MSA. For purposes of Section 8 and all other exclusive remedies and limitations of liability set forth in the MSA, Provider shall be defined as including Provider Affiliates, and Provider and their employees, directors, officers, agents, representatives, subcontractors, interconnection, service providers and suppliers; and "Client" shall be defined as Client, its Affiliates, and its and their employees, directors, officers, agents, and representatives. 8.2 PROVIDER SHALL EITHER PARTY NOT BE LIABLE FOR ANY INDIRECTDAMAGES ARISING OUT OF OR RELATING TO: (a) INTEROPERABILITY, SPECIALINTERACTION, INCIDENTALACCESS OR INTERCONNECTION PROBLEMS WITH APPLICATIONS, PUNITIVEEQUIPMENT, SERVICES, CONTENT OR NETWORKS PROVIDED BY ALTERED MESSAGES OR TRANSMISSIONS, EXCEPT AS OTHERWISE PROVIDED IN THE SLA OR APPLICABLE TERMS AND CONDITIONS IN ANNEX 2, (b) UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF CLIENT'S OR THIRD PARTIES' APPLICATIONS, CONTENT, DATA, PROGRAMS, INFORMATION, NETWORK OR SYSTEMS UNLESS DUE TO PROVIDER'S NEGLIGENCE OR WILLFUL ACTIONS, OR CONSEQUENTIAL DAMAGES (c) ACTS OR OMISSIONS OF CLIENT OR CLIENT'S AGENTS OR REPRESENTATIVES THAT RESULT IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS THE FAILURE OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING DISRUPTIONS TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON 8.3 THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO 8 AND IN ANY OF THE APPLICALBE TERMS AND CONDITIONS SET FORTH IN ANNEX 2 SHALL APPLY: (a) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND (b) WHETHER OR NOT DAMAGES WERE FORESEEABLE. CLIENT ACKNOWLEDGES THAT THE FEES DUE FOR REFLECT THE SPRINKLR SERVICES UNDER ALLOCATION OF RISK SET FORTH IN THIS AGREEMENTMSA AND THAT PROVIDER WOULD NOT ENTER INTO THIS MSA, INCLUDING AGREEMENTS THERETO, WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THESE LIMITATIONS OF LIABILITY SHALL SURVIVE FAILURE OF ANY EXCLUSIVE REMEDIES PROVIDED IN THE MSA. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY 11.1. GIMMAL AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH ARISING OUT OF THE POSSESSION OF, USE OF, FAILURE OF, OR INABILITY TO USE THE LICENSED SOFTWARE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS OR OTHER ECONOMIC LOSS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, WORK STOPPAGE, DATA LOSS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM OR LIABILITY IS BASED UPON ANY CONTRACT, TORT, BREACH OF WARRANTY, OR OTHER LEGAL OR EQUITABLE THEORY, AND NOTWITHSTANDING THAT ANY REMEDY HEREIN FAILS OF ITS ESSENTIAL PURPOSE. 11.2. GIMMAL’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS REGARDLESS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH FORM OF SECTION 2.8ACTION, IN NO EVENT SHALL NEVER EXCEED THE TOTAL LIABILITY OF ONE PARTY AMOUNT PAID BY CLIENT TO GIMMAL UNDER THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS RELEVANT AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE PRIOR TO ANY EVENT GIVING RISE TO A CLAIM BY THE OTHER PARTY HEREUNDER. EACH PARTY HEREBY RELEASES THE OTHER PARTY FROM ALL OBLIGATIONS, LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO , CLAIMS, OR DEMANDS IN EXCESS OF THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIESLIMITATION. THE PARTIES AGREE ACKNOWLEDGE THAT EACH OF THEM RELIED UPON THE LIMITATIONS AND EXCLUSIONS INCLUSION OF LIABILITY AND DISCLAIMERS SPECIFIED THIS LIMITATION IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED CONSIDERATION OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER ENTERING INTO THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 NEITHER PARTY NOR ANY OF ITS AFFILIATES (AND IN NO EVENT THE CASE OF ▇▇▇▇▇▇, ITS SUPPLIERS) SHALL EITHER PARTY BE LIABLE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH DAMAGES, OR ANY LOSS OF REVENUE, GOODWILL, SAVINGS OR PROFITS (EXCLUDING FEES DUE UNDER THIS AGREEMENT), INCLUDING WITHOUT LIMITATION LOSS OR CORRUPTION OF REVENUE DATA OR ANTICIPATED PROFITS PROGRAMS, COSTS OF REPLACEMENT OR LOST THE REMEDY OF COVER, OR BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO INTERRUPTION DAMAGES, EVEN IF ADVISED OF THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH POSSIBILITY OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL SUCH DAMAGES, LOSSES, EXPENSES OR COSTS. ▇▇▇▇▇▇’▇ (INCLUDING ITS AFFILIATES AND CAUSES SUPPLIERS) TOTAL, CUMULATIVE LIABILITY ARISING OUT OF ACTION (OR RELATED TO THIS AGREEMENT OR THE PRODUCTS OR SERVICES PROVIDED UNDER IT, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISETORT (INCLUDING NEGLIGENCE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/ANY OTHER LEGAL OR AGENCY’S CLIENTS’ EQUITABLE THEORY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNTS ACTUALLY PAID TO ▇▇▇▇▇▇ BY CUSTOMER (LESS ANY REFUNDS OR CREDITS) FOR THE USE OF THE SPRINKLR SERVICES, EXCEED, IN PRODUCTS OR PROVISION OF THE AGGREGATE, SERVICES GIVING RISE TO THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN CLAIM DURING THE TWELVE (12) MONTHS MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE LIABILITYSUCH CLAIM. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET WITH RESPECT TO ANY PRODUCTS OR SERVICES PROVIDED TO CUSTOMER FREE OF CHARGE (SUCH AS EVALUATION SOFTWARE OR SERVICES), NEITHER HYLAND NOR ANY OF ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON AFFILIATES OR SUPPLIERS WILL BE LIABLE FOR DIRECT DAMAGES. THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH ABOVE SHALL NOT APPLY: (1) TO THE EXTENT SUCH LIMITATIONS ARE PROHIBITED BY LAW, (2) PAYMENTS TO A THIRD PARTY ARISING FROM ▇▇▇▇▇▇’▇ INDEMNIFICATION OBLIGATION FOR INTELLECTUAL PROPERTY INFRINGEMENT; OR (3) TO ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF CUSTOMER’S OR CONTRACTOR’S OR COMMUNITY CONNECT USER’S PROHIBITED ACTS. IF CUSTOMER USES THE SOFTWARE, ▇▇▇▇▇▇ CLOUD SERVICE, ADD-ON SERVICES OR EQUIPMENT (AS THE CASE MAY BE) IN A CLINICAL SETTING, CUSTOMER ACKNOWLEDGES THAT THE SOFTWARE, ▇▇▇▇▇▇ CLOUD SERVICES, ADD-ON SERVICES OR EQUIPMENT DO NOT OFFER MEDICAL INTERPRETATIONS OF DATA, DIAGNOSE PATIENTS, OR RECOMMEND THERAPY OR TREATMENT; THE SOFTWARE, ▇▇▇▇▇▇ CLOUD SERVICE, ADD-ON SERVICES AND EQUIPMENT ARE AN INFORMATION RESOURCE AND IS NOT A SUBSTITUTE FOR THE SKILL, JUDGMENT AND KNOWLEDGE OF CUSTOMER’S USERS OF THE SOFTWARE, ▇▇▇▇▇▇ CLOUD SERVICE, ADD-ON SERVICES OR EQUIPMENT IN THE PROVISION OF HEALTHCARE SERVICES. IN ADDITION TO THE LIMITATIONS OF LIABILITY PROVIDED HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS ▇▇▇▇▇▇ SHALL NOT HAVE ANY LIABILITY FOR ANY ASPECT OF HEALTHCARE SERVICES PROVIDED BY CUSTOMER IN CONJUNCTION WITH ITS USE OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SOFTWARE, ▇▇▇▇▇▇ CLOUD SERVICE, ADD-ON SERVICES UNDER THIS AGREEMENTOR EQUIPMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN 11.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO EVENT SHALL EITHER PARTY CIRCUMSTANCES WILL LASERFICHE OR ITS AFFILIATES, RESELLERS, DISTRIBUTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, SUPPLIERS, OR SERVICE PROVIDERS (INCLUDING AWS AND LASERFICHE CLOUD SOLUTION PROVIDERS) BE LIABLE TO SUBSCRIBER, SUBSCRIBER’S AFFILIATES, OR ANY USER, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTALCONSEQUENTIAL, PUNITIVEPUNITIVE OR EXEMPLARY DAMAGES, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION FOR LOSS OF REVENUE PROFITS, SALES, BUSINESS OPPORTUNITIES, REVENUES, GOODWILL, REPUTATION, INFORMATION OR ANTICIPATED PROFITS DATA, OR LOST BUSINESS COSTS OF SUBSTITUTE SOFTWARE, PRODUCTS, OR LOST SALES SERVICES, REGARDLESS OF WHETHER LASERFICHE OR ANY OTHER MATTER RELATING TO ITS AFFILIATES, RESELLERS, DISTRIBUTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, SUPPLIERS, OR SERVICE PROVIDERS (INCLUDING AWS AND LASERFICHE CLOUD SOLUTION PROVIDERS) HAVE BEEN ADVISED OF THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE POSSIBILITY OF SUCH DAMAGES OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) LOSSES, AND WHETHER BASED ON A BREACH OF SECTION 2.8CONTRACT OR WARRANTY, OR NEGLIGENCE, MISREPRESENTATION OR OTHER TORT, OR ON ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR CONCERNING THIS AGREEMENT OR LASERFICHE CLOUD OR THE LASERFICHE CLOUD SUBSCRIPTIONS, LASERFICHE SOFTWARE, LASERFICHE CONTENT, SERVICES ENVIRONMENT OR THE SERVICES PROVIDED HEREUNDER, INCLUDING ANY SYSTEMS, NETWORKS OR ENVIRONMENTS, RELATED TO THE FOREGOING. 11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WILL THE TOTAL AGGREGATE CUMULATIVE LIABILITY OF ONE PARTY TO THE OTHER PARTY LASERFICHE FOR ANY AND ALL DAMAGESDAMAGES SUFFERED BY SUBSCRIBER, LOSSESSUBSCRIBER’S AFFILIATES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORTUSERS, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE)AND ANYONE ELSE, ARISING FROM OUT OF OR CONCERNING THIS AGREEMENT OR AGENCY’S AND/LASERFICHE CLOUD OR AGENCY’S CLIENTS’ USE THE LASERFICHE CLOUD SUBSCRIPTIONS, LASERFICHE SOFTWARE, LASERFICHE CONTENT, SERVICES ENVIRONMENT OR THE SERVICES PROVIDED HEREUNDER, INCLUDING ANY SYSTEMS, NETWORKS OR ENVIRONMENTS, RELATED TO THE FOREGOING, WHETHER BASED ON A BREACH OF THE SPRINKLR SERVICESCONTRACT OR WARRANTY, EXCEEDOR NEGLIGENCE, IN THE AGGREGATEMISREPRESENTATION OR OTHER TORT, OR ON ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNT OF FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN SUBSCRIBER PAYS LASERFICHE FOR THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT APPLICABLE LASERFICHE CLOUD SUBSCRIPTION GIVING RISE TO THE LIABILITYLIABILITY LIMITED TO THE AMOUNT ACTUALLY PAID DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT SUBSCRIBER PROVIDES LASERFICHE WRITTEN NOTICE OF AN EXISTING OR POTENTIAL CLAIM OR SUIT AGAINST IT. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS CONTAINED IN THIS SECTION 11.2 SHALL NOT APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTCLAIMS ARISING OUT OF WILLFUL MISCONDUCT OR FRAUD. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 EXCEPT WITH RESPECT TO CLAIMS RELATED TO EACH PARTY’S NON-DISCLOSURE OBLIGATIONS UNDER SECTION 11, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSESINCLUDING ANY LOST PROFITS, EXEMPLARY OR SPECIAL DAMAGES, HOWEVER CAUSED AND CAUSES BASED ON ANY THEORY OF ACTION LIABILITY, ARISING OUT OF THIS AGREEMENT. IN ALL EVENTS, EACH PARTY’S TOTAL LIABILITY IN THE AGGREGATE UNDER THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT EXCEPT WITH RESPECT TO VSI/WSS’S ROYALTY OBLIGATIONS AND WITH RESPECT TO CLAIMS RELATED TO EACH PARTY’S NON-DISCLOSURE OBLIGATIONS UNDER SECTION 11) IS LIMITED TO AND SHALL NOT LIMITED TO, NEGLIGENCE OR OTHERWISEEXCEED FIVE HUNDRED THOUSAND U.S. DOLLARS ($500,000), ARISING FROM PLUS ANY REASONABLE ATTORNEYS’ FEES AND INTEREST WHICH MAY BE DUE UNDER THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE UNDER LAW. FOR THE AVOIDANCE OF THE SPRINKLR SERVICESDOUBT, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS NOTHING IN THIS SECTION APPLY 6 SHALL BE CONSTRUED TO FEES DUE FOR LIMIT THE SPRINKLR LIABILITY OF VSI/WSS RESULTING FROM THE MANUFACTURE, SALE OR USE OF ANY PRODUCTS OR SERVICES UNDER THIS AGREEMENTBY VSI/WSS OUTSIDE OF THE SCOPE OF THE VSI/WSS LICENSE GRANTED HEREUNDER. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN 11.1 EXCEPT AS OTHERWISE SET FORTH HEREIN, ▇▇▇▇▇▇▇▇▇.▇▇▇ EXPRESSLY DISCLAIMS ANY LIABILITY OR LOSS ARISING FROM OR RELATED TO THE ▇▇▇▇▇▇▇▇▇.▇▇▇ SERVICES, THIRD PARTY SERVICE PROVIDERS OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION, LIABILITY OR LOSS ASSOCIATED WITH UNAUTHORIZED ACCESS TO A SERVER, RESELLER INTERFACE, WEBSITE, FACILITY, YOUR DATA OR YOUR CUSTOMER DATA (INCLUDING CREDIT CARD NUMBERS AND OTHER PERSONALLY IDENTIFIABLE INFORMATION) DUE TO ACCIDENT, ILLEGAL OR FRAUDLENT MEANS, INCLUDING HACKING, OR DEVICES USED BY ANY THIRD PARTY, OR OTHER CAUSES BEYOND ▇▇▇▇▇▇▇▇▇.▇▇▇'S REASONABLE CONTROL. RESELLER EXPRESSLY AGREES THAT ▇▇▇▇▇▇▇▇▇.▇▇▇ SHALL NOT BE LIABLE FOR ANY LOSS ARISING FROM: (I) A THIRD PARTY’S INFILTRATION OF ▇▇▇▇▇▇▇▇▇.▇▇▇ SERVICES, SYSTEMS OR WEBSITE BY ANY MEANS, INCLUDING WITHOUT LIMITATION, DDoS ATTACKS, SOFTWARE VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, OR ANY OTHER SOFTWARE PROGRAMS, OR TECHNOLOGY; (II) DISRUPTION, DAMAGE, INTERCEPTION, UNAUTHORIZED ACCESS TO OR EXPROPRIATION OF THE ▇▇▇▇▇▇▇▇▇.▇▇▇ SERVICES, OR ANY SYSTEM, PROGRAM, DATA, TRANSACTION OR PERSONAL INFORMATION BELONGING TO ▇▇▇▇▇▇▇▇▇.▇▇▇, YOU OR ANY THIRD PARTY; OR (III) THE LIMITATION OF THE FUNCTIONING OF ANY SOFTWARE, HARDWARE, EQUIPMENT OR THE SERVICE. 11.2 UNDER NO EVENT SHALL CIRCUMSTANCES WILL (i) EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGE OR LOSS SUFFERED OR INCURRED BY THE OTHER PARTY, REGARDLESS OF THE FORM OF ACTION, OR ANY LOSS OF REVENUE, PROFITS OR BUSINESS, ANTICIPATED SAVINGS, LOSS OF GOODWILL OR REPUTATION, COSTS OF DELAY, LOSS OR DAMAGED DATA, OR THE INCURRING OF LIABILITY FOR LOSS OR DAMAGE OF ANY NATURE WHATSOEVER SUFFERED BY THIRD PARTIES, ALL DAMAGESWHETHER IN CONTRACT, LOSSESSTRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), AND CAUSES REGARDLESS OF WHETHER THE PARTIES KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF THE LOSS, INJURY OR DAMAGE IN QUESTION; OR (ii) ▇▇▇▇▇▇▇▇▇.▇▇▇’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT BE GREATER THAN THE FEES PAID OR PAYABLE TO ▇▇▇▇▇▇▇▇▇.▇▇▇ DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE THE FIRST CAUSE OF ACTION (WHETHER AROSE. NOTHING IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT SHALL BE DEEMED TO EXCLUDE OR AGENCYLIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW. 11.3 THIRD PARTY PRODUCT AND SERVICES. ▇▇▇▇▇▇▇▇▇.▇▇▇ MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE WHATSOEVER IN RELATION TO THIRD PARTY PRODUCTS AND SERVICES. RESELLER’S RESALE, OR USE OF THIRD PARTY PRODUCTS AND SERVICES IS AT ITS OWN RISK. ▇▇▇▇▇▇▇▇▇.▇▇▇ ASSUMES NO RESPONSIBILITY AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR CLAIMS OF LOSS AND/OR AGENCY’S CLIENTS’ FRAUD INCURRED RESULTING FROM THE RESALE, USE OF THE SPRINKLR SERVICESOR CONCLUSIONS DRAWN FROM ANY THIRD PARTY PRODUCT OR SERVICE, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY REGARDLESS OF WHETHER OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS NOT ▇▇▇▇▇▇▇▇▇.▇▇▇ IS A RESELLER OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE OR REFERRAL AGENT FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTSUCH PRODUCT OR SERVICE. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 9.1 CHC’S REPRESENTATIONS AND WARRANTIES ARE THOSE SET FORTH IN ARTICLE 9 OF THIS AGREEMENT. CHC DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. CHC DOES NOT GUARANTEE THE PAYMENT OR THE TIMING OF PAYMENT OF ANY CLAIMS SUBMITTED THROUGH THE CHC SERVICES. PAYMENT REMAINS THE RESPONSIBILITY OF THE PARTICULAR PAYER OF HEALTH CARE SERVICES AND/OR SUPPLIER TO WHICH THE PROVIDER IS SUBMITTING. IN NO EVENT SHALL EITHER PARTY CHC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTSPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS BUT NOT LIMITED TO LOST PROFITS, EVEN IF CHC HAS BEEN ADVISED OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES THE POSSIBILITY OF SUCH DAMAGES. CHC’S AGGREGATE LIABILITY TO PROVIDER UNDER THIS AGREEMENT AND WITH RESPECT TO THE CHC IP FURNISHED HEREUNDER (WHETHER UNDER CONTRACT, TORT, OR ANY OTHER MATTER RELATING THEORY OF LAW OR EQUITY) SHALL NOT EXCEED, UNDER ANY CIRCUMSTANCES, THE PRICE PAID BY PROVIDER TO CHC FOR THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTYPARTICULAR CHC IP INVOLVED DURING THE ONE YEAR PRECEDING PROVIDER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) CLAIM. THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH FOREGOING LIMITATION OF SECTION 2.8, LIABILITY REPRESENTS THE ALLOCATION OF RISK OF FAILURE BETWEEN THE PARTIES AS REFLECTED IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY PRICING HEREUNDER AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE IS AN ESSENTIAL ELEMENT OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 9.2 In the event that any information to be transmitted through the CHC Services is not transmitted by CHC or is not accurately transmitted as a result of CHC’s failure to perform the CHC Services in accordance with the terms of this Agreement, and such results in damage to Provider, then CHC’s sole obligation and liability to Provider for such event (subject to reasonable mitigation by Provider and the limitation of liability set forth in Section 9.1), shall be limited to furnishing credits on subsequent invoices from CHC to Provider in an amount equal to Provider’s actual damages incurred for reconstructing or retransmitting the data, including reasonable out-of-pocket expenses that Provider can demonstrate it has sustained and that are directly attributable to such failure. 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 PURPOSEProvider further agrees that CHC shall not be liable in any way for any inaccuracy resulting from errors or omissions or negligent or other wrongful acts of any employee or agent of Provider and its Affiliates and their respective agents. IN NO EVENT SHALL THE LIMITATIONS IN Any claim against CHC by Provider must be asserted in writing within sixty (60) days after CHC should have transmitted accurate information received from Provider or the transmission of inaccurate information on which the claim is based, whichever is applicable. Provider hereby agrees to promptly supply to CHC documentation reasonably requested by CHC to support any claim of Provider. THIS SECTION APPLY STATES THE ENTIRE LIABILITY OF CHC WITH RESPECT TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTCLAIMS THAT INFORMATION WAS NOT TRANSMITTED OR WAS TRANSMITTED INACCURATELY BY CHC. 7.3 Neither party will be liable to 9.3 CHC shall have no responsibility for determining the other accuracy of any claim submitted, for settling disputed claims, for settling disputed payments, for settling disagreements or disputes between a Payer and Provider, for any failure to performliability for the acts of a Payer and/or Provider that violate the Social Security Act and related regulations and/or guidelines, or delay in the performance for any liability foreseeable or otherwise occurring beyond CHC’s transmission of data. 9.4 Any claim or cause of action arising out of, any obligation based on, or relating to this Agreement not presented by Provider within one (1) year from the discovery of the claim or cause of action shall be deemed waived. Provider shall use commercially reasonable efforts to mitigate damages for which CHC may become responsible under this Agreement caused by a Force Majeure EventAgreement. 9.5 Except for Provider’s payment obligations hereunder, neither party shall be responsible for delays or failures in performance resulting from acts or events beyond its reasonable control, including but not limited to, acts of nature, governmental actions, fire, labor difficulties or shortages, civil disturbances, transportation problems, interruptions of power, supply or communications or natural disasters, provided such party takes reasonable efforts to minimize the effect of such acts or events.

Limitations of Liability. 7.1 IN 11.1 EXCEPT AS OTHERWISE SET FORTH HEREIN, ▇▇▇▇▇▇▇▇▇.▇▇▇ EXPRESSLY DISCLAIMS ANY LIABILITY OR LOSS ARISING FROM OR RELATED TO THE ▇▇▇▇▇▇▇▇▇.▇▇▇ SERVICES, THIRD PARTY SERVICE PROVIDERS OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION, LIABILITY OR LOSS ASSOCIATED WITH UNAUTHORIZED ACCESS TO A SERVER, RESELLER INTERFACE, WEBSITE, FACILITY, YOUR DATA OR YOUR CUSTOMER DATA (INCLUDING CREDIT CARD NUMBERS AND OTHER PERSONALLY IDENTIFIABLE INFORMATION) DUE TO ACCIDENT, ILLEGAL OR FRAUDLENT MEANS, INCLUDING HACKING, OR DEVICES USED BY ANY THIRD PARTY, OR OTHER CAUSES BEYOND ▇▇▇▇▇▇▇▇▇.▇▇▇'S REASONABLE CONTROL. RESELLER EXPRESSLY AGREES THAT ▇▇▇▇▇▇▇▇▇.▇▇▇ SHALL NOT BE LIABLE FOR ANY LOSS ARISING FROM: (I) A THIRD PARTY’S INFILTRATION OF ▇▇▇▇▇▇▇▇▇.▇▇▇ SERVICES, SYSTEMS OR WEBSITE BY ANY MEANS, INCLUDING WITHOUT LIMITATION, DDoS ATTACKS, SOFTWARE VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, OR ANY OTHER SOFTWARE PROGRAMS, OR TECHNOLOGY; (II) DISRUPTION, DAMAGE, INTERCEPTION, UNAUTHORIZED ACCESS TO OR EXPROPRIATION OF THE ▇▇▇▇▇▇▇▇▇.▇▇▇ SERVICES, OR ANY SYSTEM, PROGRAM, DATA, TRANSACTION OR PERSONAL INFORMATION BELONGING TO ▇▇▇▇▇▇▇▇▇.▇▇▇, YOU OR ANY THIRD PARTY; OR (III) THE LIMITATION OF THE FUNCTIONING OF ANY SOFTWARE, HARDWARE, EQUIPMENT OR THE SERVICE. 11.2 UNDER NO EVENT SHALL CIRCUMSTANCES WILL (i) EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGE OR LOSS SUFFERED OR INCURRED BY THE OTHER PARTY, REGARDLESS OF THE FORM OF ACTION, OR ANY LOSS OF REVENUE, PROFITS OR BUSINESS, ANTICIPATED SAVINGS, LOSS OF GOODWILL OR REPUTATION, COSTS OF DELAY, LOSS OR DAMAGED DATA, OR THE INCURRING OF LIABILITY FOR LOSS OR DAMAGE OF ANY NATURE WHATSOEVER SUFFERED BY THIRD PARTIES, ALL DAMAGESWHETHER IN CONTRACT, LOSSESSTRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), AND CAUSES REGARDLESS OF ACTION WHETHER THE PARTIES KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF THE LOSS, INJURY OR DAMAGE IN QUESTION; OR (WHETHER ii) ▇▇▇▇▇▇▇▇▇.▇▇▇’S TOTAL 11.3 THIRD PARTY PRODUCT AND SERVICES. ▇▇▇▇▇▇▇▇▇.▇▇▇ MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE WHATSOEVER IN CONTRACT RELATION TO THIRD PARTY PRODUCTS AND SERVICES. RESELLER’S RESALE, OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S USE OF THIRD PARTY PRODUCTS AND SERVICES IS AT ITS OWN RISK. ▇▇▇▇▇▇▇▇▇.▇▇▇ ASSUMES NO RESPONSIBILITY AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR CLAIMS OF LOSS AND/OR AGENCY’S CLIENTS’ FRAUD INCURRED RESULTING FROM THE RESALE, USE OF THE SPRINKLR SERVICESOR CONCLUSIONS DRAWN FROM ANY THIRD PARTY PRODUCT OR SERVICE, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY REGARDLESS OF WHETHER OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS NOT ▇▇▇▇▇▇▇▇▇.▇▇▇ IS A RESELLER OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE OR REFERRAL AGENT FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTSUCH PRODUCT OR SERVICE. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR CLAIMS ARISING OUT OF (ia) EITHER PARTY’S BREACH OF CONFIDENTIALITY; (b) BREACH OF APPRISS INTELLECTUAL PROPERTY RIGHTS; (c) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (iid) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iiie) A VIOLATIONS OF APPLICABLE LAW OR THE REQUIREMENTS, NEITHER PARTY SHALL BE LIABLE IN ANY AMOUNT FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, LOSS OF GOODWILL OR BUSINESS PROFITS, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, OR EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER ARISING, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7.2 EXCEPT FOR CLAIMS ARISING OUT OF (a) BREACH OF SECTION 2.8CONFIDENTIALITY; (b) BREACH OF APPRISS INTELLECTUAL PROPERTY RIGHTS; (c) GROSSNEGLIGENCE OR WILLFUL MISCONDUCT; (d) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; OR (e) VIOLATIONS OF APPLICABLE LAW OR THE REQUIREMENTS, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR AN AMOUNT OF DAMAGES IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE EXCESS OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY PAID OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES BY LICENSEE UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to performEACH PARTY ACKNOWLEDGES THAT THE FEES REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT APPRISS WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. NOTWITHSTANDING THE FOREGOING, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure EventSECTIONS 8.1 AND 8.2 SHALL NOT APPLY TO LIABILITIES THAT CANNOT BE LIMITED BY LAW.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH 14.1 CATALENT’S LIABILITY UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY AGREEMENT FOR ANY AND ALL DAMAGESCLAIMS FOR LOST, LOSSESDAMAGED OR DESTROYED CLIENT-SUPPLIED MATERIALS, AND CAUSES OF ACTION (WHETHER OR NOT SUCH CLIENT SUPPLIED MATERIALS ARE USED IN CONTRACT THE SERVICES OR TORTINCORPORATED INTO PRODUCT, INCLUDING, BUT NOT LIMITED TO, CAUSED BY CATALENT’S NEGLIGENCE OR OTHERWISE), ARISING FROM BREACH SHALL NOT EXCEED [***] PER INCIDENT. 14.2 CATALENT’S TOTAL LIABILITY UNDER THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, SHALL IN THE AGGREGATE, NO EVENT EXCEED THE TOTAL FEES RECEIVED PAID BY CLIENT TO CATALENT OR PAYABLE TO SPRINKLR FROM AGENCY INVOICED BY CATALENT UNDER THIS AGREEMENT IN DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING RELEASE OF THE EVENT BATCH OR SERVICES GIVING RISE TO THE LIABILITYCLAIM. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON DURING THE LIMITATIONS FIRST CONTRACT YEAR, SUCH LIMITATION SHALL BE THE GREATER OF LIABILITY AND (I) TOTAL FEES PAID BY CLIENT TO CATALENT OR INVOICED BY CATALENT FROM THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREINCOMMENCEMENT DATE, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIESOR (II) [***]. THE FOREGOING LIMITATION SHALL NOT BE DEEMED TO LIMIT CATALENT’S LIABILITY UNDER SECTION 13.1 (INDEMNIFICATION) WITH RESPECT TO AMOUNTS PAID BY CLIENT TO THIRD PARTIES AGREE THAT FOR BODILY INJURY. 14.3 NEITHER PARTY SHALL BE LIABLE TO THE LIMITATIONS AND EXCLUSIONS OTHER PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED REVENUES, PROFITS OR DATA ARISING OUT OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES PERFORMANCE UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance ofWHETHER IN CONTRACT OR IN TORT, any obligation under this Agreement caused by a Force Majeure Event.EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO THE CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED AS [***]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.EXECUTION VERSION

Limitations of Liability. 7.1 EXCEPT FOR OBLIGATIONS UNDER SECTION 8 (INDEMNIFICATION), BREACH OF ANY NDA ENTERED INTO IN NO EVENT SHALL EITHER CONNECTION WITH THE SERVICES OR BREACH OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, AND GROSSLY NEGLIGENT OR INTENTIONALLY WRONGFUL ACTS OR OMISSIONS, NEITHER PARTY NOR ANY OF THEIR RESPECTIVE LICENSORS, AGENTS AND CONTRACTORS WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL EXEMPLARY DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHERWISEOTHER LOSSES (EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; OR (D) ANY THIRD PARTY CONTENT. IN ANY CASE, EXCEPT FOR OBLIGATIONS UNDER SECTION 8 (INDEMNIFICATION), ARISING FROM BREACH OF ANY NDA ENTERED INTO IN CONNECTION WITH THE SERVICES OR BREACH OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, AND GROSSLY NEGLIGENT OR INTENTIONALLY WRONGFUL ACTS OR OMISSIONS, NEITHER PARTY’S AGGREGATE LIABILITY TO THE OTHER PARTY UNDER THIS AGREEMENT WILL EXCEED THE AMOUNTS PAYABLE OR AGENCY’S AND/OR AGENCY’S CLIENTS’ PAID BY YOU TO NI FOR YOUR USE OF THE SPRINKLR SERVICES, EXCEED, IN SERVICES DURING THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.TWELVE

Limitations of Liability. 7.1 IN 13.1 A.T. NET SHALL HAVE NO EVENT SHALL EITHER PARTY BE LIABLE LIABILITY FOR ANY INDIRECTCOSTS, SPECIAL, INCIDENTAL, PUNITIVEDAMAGES, OR CONSEQUENTIAL DAMAGES CHARGES ARISING FROM THE RENDERING OF ADVICE IN CONNECTION WITH THE LOCAL OPERATING ENVIRONMENT, TAX, SALES, PRICING, MARKETING, OR BILLING MATTERS, OR ANY OTHER MANAGEMENT OR CONSULTING SERVICES, OR OUT OF DELAYS IN RESTORATION OF THE SERVICES TO BE PROVIDED UNDER THIS AGREEMENT OR OUT OF MISTAKES, ACCIDENTS, OMISSIONS, INTERRUPTIONS, OR ERRORS OR DEFECTS IN TRANSMISSION IN THE PROVISION OF SWITCHED OR PRIVATE LINE SERVICES OR ANY OTHER TELECOMMUNICATIONS SERVICES. 13.2 NEITHER A.T. NET NOR ANY OF ITS EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS AND AFFILIATES SHALL HAVE ANY LIABILITY TO RESELLER OR TO ANY OTHER PERSON OR ENTITY WHATSOEVER FOR ANY COSTS, DAMAGES, OR CHARGES SUFFERED OR INCURRED, INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND INCIDENTAL, ACTUAL OR PUNITIVE DAMAGES, ON ACCOUNT OF ERRORS, INTERRUPTIONS, DELAYS, FAILURES OR DEFECTS OF ANY NATURE WHATSOEVER IN THE TRANSMISSION OF SERVICES PURSUANT TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS WHETHER OR NOT ARISING OUT OF REVENUE OR ANTICIPATED PROFITS RELATED TO ERRORS, OMISSIONS, ACCIDENTS, REGULATORY, JUDICIAL OR LOST BUSINESS OTHER GOVERNMENTAL ACTION OR LOST SALES INACTION, ILLEGALITY, ACTS OF GOD, WAR, VANDALISM, CIVIL RIOT OR COMMOTION, WORK STOPPAGE OR SLOWDOWN OR OTHER LABOR DISTURBANCE, DESTRUCTION OF FACILITIES, OR THE FAILURE OF ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES.COMMON CARRIER OR UTILITY, FOR 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR 13.3 A.T. NET HEREBY DISCLAIMS ANY AND ALL DAMAGESWARRANTIES, LOSSESEXPRESS AND IMPLIED, AND CAUSES MAKES NO REPRESENTATIONS, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE WHATSOEVER OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE ANY OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTPROVIDED HEREUNDER. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 9.1 CHC’S ONLY REPRESENTATIONS AND WARRANTIES ARE THOSE SET FORTH IN ARTICLE 9 OF THIS AGREEMENT, AND CHC EXPLICITLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. CHC DOES NOT GUARANTEE THE PAYMENT OR THE TIMING OF PAYMENT OF ANY CLAIMS SUBMITTED THROUGH THE CHC SERVICES. PAYMENT REMAINS THE RESPONSIBILITY OF THE PARTICULAR PAYER OF HEALTH CARE SERVICES AND/OR SUPPLIER TO WHICH THE VENDOR OR VENDOR’S CUSTOMER IS SUBMITTING. IN NO EVENT SHALL EITHER PARTY CHC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVECONSEQUENTIAL OR SPECIAL DAMAGES EVEN IF CHC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHC’S AGGREGATE LIABILITY TO VENDOR AND VENDOR’S CUSTOMERS UNDER THIS AGREEMENT AND WITH RESPECT TO CHC SERVICES, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTAND CHC MATERIALS FURNISHED HEREUNDER (WHETHER UNDER CONTRACT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES TORT OR ANY OTHER MATTER RELATING TO THEORY OF LAW OR EQUITY) SHALL NOT EXCEED, UNDER ANY CIRCUMSTANCES, THE SPRINKLR SERVICES.LESSER OF 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (iiA) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; PRICE PAID BY VENDOR TO CHC FOR THE PARTICULAR CHC SERVICES, AND/OR CHC MATERIALS DURING THE ONE (iii1) A BREACH YEAR PRECEDING VENDOR’S CLAIM; OR (B) $10,000. THE FOREGOING LIMITATION OF SECTION 2.8, LIABILITY REPRESENTS THE ALLOCATION OF RISK OF FAILURE BETWEEN THE PARTIES AS REFLECTED IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY PRICING HEREUNDER AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE IS AN ESSENTIAL ELEMENT OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will 9.2 In the event information to be liable to transmitted through the other for any failure to perform, CHC Services is not transmitted by CHC or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.is not accurately

Limitations of Liability. 7.1 IN NO THE EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, THAT TREND MICRO HAS NOT ISSUED OR CONSEQUENTIAL DAMAGES MANAGED A CERTIFICATE IN CONNECTION COMPLETE COMPLIANCE WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE THE CA/BROWSER FORUM BASELINE REQUIREMENTS AND TREND MICRO’S RELATED POLICIES AND SUCH ACTIONS HAVE CAUSED HARM OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING INJURY TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; A SUBSCRIBER AND/OR (iii) A BREACH OF SECTION 2.8RELYING PARTY, IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF ONE TREND MICRO TO ANY SUBSCRIBER AND/OR ANY RELYING PARTY FOR ALL CLAIMS RELATED TO THE OTHER PARTY 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 DAMAGESCLAIMS, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE DAMAGES SUFFERED AS A RESULT OF THE SPRINKLR SERVICESUSE 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, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE AND EXCEPT TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREINEXTENT CAUSED BY TREND MICRO'S WILLFUL MISCONDUCT, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS 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 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 SECTION 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 FEES DUE FOR A SUBSCRIBER AND/OR A RELYING PARTY BUT SHALL BE GIVEN EFFECT TO THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither FULL EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY ON A CERTIFICATE-BY- CERTIFICATE BASIS, REGARDLESS OF THE NUMBER OF TRANSACTIONS OR CLAIMS RELATED TO EACH CERTIFICATE, AND SHALL BE APPORTIONED FIRST TO THE EARLIER CLAIMS TO ACHIEVE FINAL RESOLUTION. In no event will Trend Micro be liable for any damages to Subscribers, Relying Parties or any other party will arising out of or related to the 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 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 Subscribers and Relying Parties. In no event shall Trend Micro be liable to the Subscriber, Relying Party or other party for damages arising out of any failure to performclaim that a Certificate infringes any patent, trademark, copyright, trade secret or delay in the performance of, other intellectual property right of any obligation under this Agreement caused by a Force Majeure Eventparty.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH 10.1 CARDINAL HEALTH’S LIABILITY UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY AGREEMENT FOR ANY AND ALL DAMAGESCLAIMS FOR LOST, LOSSESDAMAGED 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, AND CAUSES OF ACTION (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, INCLUDINGINCLUDING WITHOUT LIMITATION ANY OF CARDINAL HEALTH’S INDEMNITY OR OTHER FINANCIAL OBLIGATIONS UNDER ARTICLE 9, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED PAID BY OR PAYABLE CLIENT TO SPRINKLR FROM AGENCY CARDINAL HEALTH UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT APPLICABLE PROJECT PLAN GIVING RISE TO THE LIABILITYCLAIM. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY AMOUNT CALCULATED IN RELIANCE UPON SHALL BE REDUCED BY ANY COSTS OR EXPENSES INCURRED BY CARDINAL HEALTH TO PROCURE COMPARATOR PRODUCT. 10.3 NEITHER PARTY SHALL BE LIABLE TO THE LIMITATIONS OTHER PARTY FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES PERFORMANCE UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS OR DATA, WHETHER IN CONTRACT OR TORT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO ▇▇.▇. ▇▇ THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EACH PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS SAAS AGREEMENT EXCEED THE TOTAL LIABILITY AMOUNT OF ONE PARTY FEES PAID OR PAYABLE BY CUSTOMER UNDER THE ORDER GIVING RISE TO THE OTHER PARTY CLAIM FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATION SHALL APPLY WHETHER AN ACTION IS IN CONTRACT, TORT, OR OTHERWISE AND REGARDLESS OF THE THEORY OF LIABILITY. (a) NOTWITHSTANDING THE LIMITATIONS SET FORTH IN SECTION 11.1, NEITHER PARTY EXCLUDES OR LIMITS ITS LIABILITY FOR: (i) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 10 (INDEMNIFICATION); (ii) DAMAGES RESULTING FROM EITHER PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD; (iii) DAMAGES RESULTING FROM EITHER PARTY’S BREACH OF SECTION 8 (CONFIDENTIALITY); OR (iv) CUSTOMER’S PAYMENT OBLIGATIONS. ▇▇.▇. AGENCY ACKNOWLEDGES ▇▇ THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING (BY WAY OF EXAMPLE AND NOT AN EXHAUSTIVE LIST), LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF USE, OR OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS SAAS AGREEMENT, HOWEVER CAUSED AND WHETHER IN CONTRACT, TORT, OR OTHERWISE AND REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE IMMEDIATELY PRECEDING SENTENCE, THE FOLLOWING SHALL BE EXCLUDED FROM THE LIMITATIONS SET FORTH IN THIS SECTION 11.2: (A) DAMAGES RESULTING FROM EITHER PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD; AND (B) DAMAGES RESULTING FROM EITHER PARTY’S BREACH OF SECTION 8 (CONFIDENTIALITY). DocuSign Envelope ID: 0CCF222D-EBD4-4504-867E-4ED5569E5DC2 11.3. THE LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES STATED HEREIN WILL APPLY REGARDLESS OF THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. BOTH PARTIES HEREUNDER SPECIFICALLY ACKNOWLEDGE THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES STATED HEREIN ARE REFLECTED IN THE DISCLAIMERS OF WARRANTIES PRICING AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE BUT FOR SUCH LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND EXCLUSIONS, SAILPOINT WOULD NOT HAVE MADE THE SERVICES AVAILABLE TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTCUSTOMER. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 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 EVENT SHALL EITHER PARTY BE CIRCUMSTANCES ARE VERIZON WIRELESS, ITS LICENSORS, AND VENDORS LIABLE FOR ANY INDIRECTINCIDENTAL, SPECIAL, INCIDENTALCONSEQUENTIAL, PUNITIVE, MULTIPLE, OR CONSEQUENTIAL SPECIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, NATURE WHATSOEVER INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE LOST PROFITS, LOST DATA, REPUTATION, LOSS OF BUSINESS, OR OTHERWISE)COST OF REPLACEMENT PRODUCTS AND SERVICES ON ANY THEORY OF LIABILITY, ARISING FROM THIS AGREEMENT OUT OF OR AGENCY’S AND/RELATED TO THE SERVICE OR AGENCY’S CLIENTS’ THE INABILITY TO USE THE SERVICE IN ANY WAY WHETHER FORESEEABLE OR NOT OR WHETHER ADVISED OF THE SPRINKLR SERVICESPOSSIBLITY OF SUCH DAMAGES. VERIZON WIRELESS SHALL NOT BE LIABLE FOR ANY DAMAGES, EXCEEDCOSTS OR PENALTIES (DIRECT OR INDIRECT) AS A RESULT OF MIS-IDENTIFICATION, IN THE AGGREGATEMIS- MANAGEMENT OR BLOCKING OF A CALLER OR FAILURE TO PROPERLY IDENTIFY, THE TOTAL FEES RECEIVED BY MANAGE OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTBLOCK A CALLER. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT RTI SHALL EITHER PARTY NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR REPUTATION, COSTS OF COVER, OR THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE)) EVEN IF RTI OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7.2 IN PARTICULAR, LICENSEE RECOGNIZES THAT THE SOFTWARE MAY BE PART OF A SYSTEM USED TO CONTROL EXPENSIVE OR DANGEROUS EQUIPMENT. RTI SHALL NOT BE LIABLE FOR ANY DAMAGE OR INJURY RESULTING FROM THE OPERATION OF SUCH EQUIPMENT. LICENSEE ACKNOWLEDGES AND AGREES THAT LICENSEE IS RESPONSIBLE FOR TAKING STEPS TO PROTECT AGAINST TARGET APPLICATION AND SYSTEM FAILURES, INCLUDING PROVIDING BACK- UP OR SHUTDOWN MECHANISMS. LICENSEE IS ULTIMATELY RESPONSIBLE FOR VERIFYING AND VALIDATING THE SUITABILITY OF RTI SOFTWARE FOR LICENSEE’S INTENDED USE. EACH END USER SYSTEM IS CUSTOMIZED AND DIFFERS FROM RTI’S TESTING PLATFORMS. LICENSEE MAY USE RTI SOFTWARE IN COMBINATION WITH OTHER PRODUCTS IN A MANNER NOT EVALUATED OR CONTEMPLATED BY RTI. Licensee agrees to indemnify, defend, and hold RTI harmless from any claim, lawsuit, legal proceeding, settlement, or judgment (including, without limitation, RTI’s reasonable United States and local attorneys’ and expert witnesses’ fees and costs) arising out of or in connection with the copying, marketing, performance, or other distribution of Licensee’s Target Applications. 7.3 THE AGGREGATE LIABILITY OF RTI FOR ANY CLAIMS ARISING FROM OUT OF OR RELATED TO THIS AGREEMENT SLA OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICESSOFTWARE OR PERFORMANCE OF THE SERVICES IN ANY ONE YEAR, EXCEEDINCLUDING ANY BREACH OF WARRANTY CLAIM SUBJECT TO SECTION 5, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE GREATER OF THE AGGREGATE LICENSE FEES LICENSEE PAID FOR THE SOFTWARE IN THAT YEAR AND $10,000 (TEN THOUSAND DOLLARS). 7.4 THE AGGREGATELIMITED WARRANTY, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREINLIMITED REMEDIES, AND THAT LIMITED LIABILITY SPECIFIED IN THIS SLA ARE FUNDAMENTAL ELEMENTS OF THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN RTI AND LICENSEE. RTI WOULD NOT BE ABLE TO PROVIDE THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTSOFTWARE WITHOUT SUCH LIMITATIONS. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 8.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE SOLUTION PROVIDER'S OR ITS DIRECT OR INDIRECT SUPPLIERS' (INCLUDING ▇▇▇▇▇▇) AGGREGATE LIABILITY FOR ANY INDIRECTCLAIMS, SPECIAL, INCIDENTAL, PUNITIVE, LOSSES OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TOTO THE PERFORMANCE OR NON- PERFORMANCE OF SERVICES OR THE USE OR INABILITY TO USE SOFTWARE, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF EXCEED THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED AGGREGATE AMOUNTS ACTUALLY PAID BY OR PAYABLE USER TO SPRINKLR FROM AGENCY SOLUTION PROVIDER UNDER THIS AGREEMENT IN DURING THE TWELVE (12) MONTHS MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO THE SUCH LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL SOLUTION PROVIDER OR ITS DIRECT OR INDIRECT SUPPLIERS (INCLUDING ▇▇▇▇▇▇) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY TYPE OF CLAIM FOR LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION DAMAGES OR EXPENSES, THE COSTS OF SUBSTITUTE SOFTWARE OR SERVICES, LOSSES RESULTING FROM ERASURE, DAMAGE, DESTRUCITON OR OTHER LOSS OF FILES, DATA OR PROGRAMS OR THE COST OF RECOVERING SUCH INFORMATION, OR OTHER PECUNIARY LOSS, EVEN IF SOLUTION PROVIDER OR SUCH SUPPLIERS (INCLUDING ▇▇▇▇▇▇) HAVE BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR LOSSES. 8.2 IF USER USES THE SOFTWARE IN A CLINICAL SETTING, USER ACKNOWLEDGES THAT THE SOFTWARE DOES NOT OFFER MEDICAL INTERPRETATIONS OF DATA, DIAGNOSE PATIENTS, OR RECOMMEND THERAPY OR TREATMENT; THE SOFTWARE IS AN INFORMATION RESOURCE AND IS NOT A SUBSTITUTE FOR THE SKILL, JUDGMENT AND KNOWLEDGE OF USER'S USERS OF THE SOFTWARE IN THE PROVISION OF HEALTHCARE SERVICES. IN ADDITION TO THE LIMITATIONS OF LIABILITY PROVIDED HEREIN, NEITHER SOLUTION PROVIDER NOR HYLAND SHALL NOT HAVE ANY LIABILITY FOR ANY ASPECT OF USER'S SERVICES PROVIDED IN THIS SECTION APPLY TO FEES DUE FOR CONJUNCTION WITH ITS USE OF THE SPRINKLR SERVICES UNDER THIS AGREEMENTSOFTWARE. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 8.1 THE TOTAL LIABILITY OF PHILIPS ARISING UNDER OR IN NO EVENT CONNECTION WITH THE PARTS AND SERVICES FOR ANY BREACH OF CONTRACTUAL OBLIGATIONS, WARRANTY, TORT (INCLUDING NEGLIGENCE), UNLAWFUL ACT, OR OTHERWISE IN CONNECTION WITH THE SERVICE IS LIMITED TO THE ACTUAL PURCHASE PRICE RECEIVED FOR THE SERVICE THAT GAVE RISE TO THE CLAIM. 8.2 PHILIPS SHALL EITHER PARTY NOT BE LIABLE FOR ANY INDIRECT, SPECIALPUNITIVE, INCIDENTAL, PUNITIVEEXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, AND/OR FOR ANY DAMAGES INCLUDING LOSS OF DATA, PROFITS, REVENUE, BUSINESS INTERRUPTION OR USE IN CONNECTION WITH THIS AGREEMENTOR ARISING OUT OF THESE CONDITIONS OF SERVICE, REGARDLESS OF WHETHER THEY ARE FORESEEABLE OR NOT AND WHETHER THE CLAIM IS MADE IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), BREACH OF CONTRACT, INDEMNITY, AT LAW OR IN EQUITY. NEITHER PHILIPS NOR PHILIPS’ SUPPLIERS SHALL BE LIABLE FOR ANY LOSS OR INABILITY TO USE MEDICAL OR OTHER DATA STORED ON OR BY THE EQUIPMENT. 8.3 THE EXCLUSION OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING LIABILITY IN THESE CONDITIONS OF SERVICE SHALL ONLY APPLY TO THE SPRINKLR SERVICESEXTENT ALLOWED UNDER THE APPLICABLE LAW. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) 8.4 THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY FOLLOWING ARE NOT SUBJECT TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND UNDER SECTION 10.1: 8.4.1 THIRD-PARTY CLAIMS FOR DIRECT DAMAGES FOR BODILY INJURY OR DEATH TO THE DISCLAIMERS EXTENT CAUSED BY PHILIPS’ NEGLIGENCE OR PROVEN PRODUCT DEFECT. 8.4.2 CLAIMS OF WARRANTIES AND DAMAGES SET FORTH HEREINTANGIBLE PROPERTY DAMAGE REPRESENTING THE ACTUAL COST TO REPAIR OR REPLACE PHYSICAL PROPERTY TO THE EXTENT CAUSED BY PHILIPS NEGLIGENCE OR PROVEN PRODUCT DEFECT. 8.4.3 OUT-OF-POCKET COSTS INCURRED BY CUSTOMER TO PROVIDE PATIENT NOTIFICATIONS, AND THAT REQUIRED BY LAW, TO THE SAME FORM AN ESSENTIAL EXTENT SUCH NOTICES ARE CAUSED BY PHILIPS UNAUTHORIZED DISCLOSURE OF PROTECTED HEALTH INFORMATION OR PERSONAL HEALTH INFORMATION. 8.4.4 FINES/PENALTIES LEVIED AGAINST CUSTOMER BY GOVERNMENT AGENCIES CITING PHILIPS’ UNAUTHORIZED DISCLOSURE OF PROTECTED HEALTH INFORMATION OR PERSONAL HEALTH INFORMATION AS THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT FINE/PENALTY; ANY SUCH FINES OR PENALTIES SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTCONSTITUTE DIRECT DAMAGES. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 ▇▇▇▇▇▇▇▇ AGREES THAT Global R WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES, (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES, (3) INTERRUPTION OF OUR SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS RESELLER EXPERIENCES IN NO EVENT SHALL EITHER PARTY RELATION TO A DOMAIN NAME REGISTERED WITH US; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION; (8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF RESELLER ACCOUNT IDENTIFIER OR PASSWORD; OR (9) APPLICATION OF UDRP OR URS. ▇▇▇▇▇▇▇▇ ALSO AGREES THAT Global R WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS LOST PROFITS) REGARDLESS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES FORM OF ACTION (WHETHER IN CONTRACT OR TORTCONTRACT, INCLUDINGTORT (INCLUDING NEGLIGENCE), BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE EVEN IF WE HAVE BEEN ADVISED OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS POSSIBILITY OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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 PURPOSESUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE TOTAL AMOUNT PAID BY RESELLER FOR REGISTRATION OF THE SUBJECT DOMAIN NAME FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTPRIOR 12 MONTHS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 15.1 AFTER THE PARTIES HAVE SIGNED THIS AGREEMENT, CLIENT'S EXCLUSIVE REMEDIES FOR PRODUCT RELATED MATTERS SHALL BE AS DESCRIBED IN NO EVENT THIS AGREEMENT, SUBJECT TO THE LIMITATIONS OF SECTION 15.0. 15.2 ▇▇▇▇ SHALL EITHER PARTY NOT BE LIABLE FOR ANY INDIRECTEXPENSE OR DAMAGE ARISING OUT OF ANY ERASURE, SPECIALDAMAGE OR DESTRUCTION OF FILES, INCIDENTALDATA OR PROGRAMS. CLIENT SHALL BE RESPONSIBLE FOR MAKING BACKUP COPIES OF FILES, PUNITIVEDATA, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICESAND PROGRAMS. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF 15.3 SAVE AS PROVIDED IN SECTION 2.813.2, IN NO EVENT SHALL ▇▇▇▇ OR ITS THIRD PARTIES BE LIABLE FOR SPECIAL, INDIRECT, THIRD PARTY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS. NEITHER PARTY SHALL SEEK, OR OTHERWISE APPLY FOR, ANY PUNITIVE OR EXEMPLARY DAMAGES. 15.4 EXCEPT ONLY FOR INDEMNIFICATION BY ▇▇▇▇ UNDER SECTION 13.1 ABOVE, ▇▇▇▇'▇ MAXIMUM AGGREGATE LIABILITY FOR DAMAGES TO CLIENT OR OTHERS SHALL BE LIMITED TO ACTUAL DIRECT MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED (A) THE TOTAL LIABILITY OF ONE PARTY LICENSE FEE PAID BY CLIENT FOR THE PRODUCTS SUBJECT TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES DAMAGE CLAIM IF THE CLAIM OCCURS DURING THE FIRST YEAR OF ACTION THIS AGREEMENT; OR (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE B) SIXTY (60) PERCENT OF THE SPRINKLR SERVICES, EXCEED, IN LICENSE FEES PAID BY CLIENT FOR THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE PRODUCTS SUBJECT TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON DAMAGE CLAIM IF THE LIMITATIONS CLAIM OCCURS AFTER THE FIRST YEAR OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform15.5 CLIENT ACKNOWLEDGES THAT THE LIMITATIONS ON LIABILITY IN THIS SECTION 15 ARE REASONABLE. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE EXCLUSIVE. EXCEPT ONLY FOR ACTIONS BY ▇▇▇▇ TO PROTECT INTELLECTUAL PROPERTY RIGHTS OR FOR BREACH OF SECTION 16.0, or delay in the performance ofNEITHER PARTY SHALL SEEK, any obligation under this Agreement caused by a Force Majeure EventOR OTHERWISE APPLY FOR, ANY EQUITABLE REMEDIES.

Limitations of Liability. 7.1 9.1 WEBMD’S ONLY REPRESENTATIONS AND WARRANTIES ARE THOSE SET FORTH IN ARTICLE 8 OF THIS AGREEMENT, AND WEBMD EXPLICITLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. WEBMD DOES NOT GUARANTEE THE PAYMENT OR THE TIMING OF PAYMENT OF ANY CLAIMS SUBMITTED THROUGH THE WEBMD SERVICES. PAYMENT REMAINS THE RESPONSIBILITY OF THE PARTICULAR PAYER OF HEALTH CARE SERVICES AND/OR SUPPLIER TO WHICH THE VENDOR OR VENDOR’S CUSTOMER IS SUBMITTING. IN NO EVENT SHALL EITHER PARTY WEBMD BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVECONSEQUENTIAL OR SPECIAL DAMAGES EVEN IF WEBMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WEBMD’S AGGREGATE LIABILITY TO VENDOR AND VENDOR’S CUSTOMERS UNDER THIS AGREEMENT AND WITH RESPECT TO WEBMD SERVICES, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTWEBMD PRODUCTS AND WEBMD MATERIALS FURNISHED HEREUNDER (WHETHER UNDER CONTRACT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES TORT OR ANY OTHER MATTER RELATING TO THEORY OF LAW OR EQUITY) SHALL NOT EXCEED, UNDER ANY CIRCUMSTANCES, THE SPRINKLR SERVICES. 7.2 EXCEPT FOR LESSER OF (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (iiA) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; PRICE PAID BY VENDOR TO WEBMD FOR THE PARTICULAR WEBMD SERVICES, WEBMD PRODUCTS AND/OR WEBMD MATERIALS DURING THE ONE YEAR PRECEDING VENDOR’S CLAIM; OR (iiiB) A BREACH $10,000. THE FOREGOING LIMITATION OF SECTION 2.8, LIABILITY REPRESENTS THE ALLOCATION OF RISK OF FAILURE BETWEEN THE PARTIES AS REFLECTED IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY PRICING HEREUNDER AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE IS AN ESSENTIAL ELEMENT OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 9.2 In the event information to be transmitted through the WebMD Services is not transmitted by WebMD or is not accurately transmitted as a result of WebMD’s failure to perform the WebMD Services in accordance with the terms of this Agreement and such failure results in damage to Vendor or Vendor’s Customer, then WebMD’s sole obligation and liability to Vendor and Vendor’s Customer for such event (subject to reasonable mitigation by Vendor and Vendor’s Customer) shall be limited to furnishing credits on subsequent invoices from WebMD to Vendor or Vendor’s Customer in an aggregate amount equal to the actual damages incurred for reconstructing or retransmitting the data, including reasonable out-of-pocket expenses which Vendor or Vendor’s Customer can demonstrate it has sustained and which are directly attributable to such failure. Any claim against WebMD by Vendor must be asserted in writing within sixty (60) days after WebMD should have transmitted information received from a Vendor’s Customer or the transmission of inaccurate information on which the claim is based, whichever is applicable. Vendor hereby agrees to promptly supply to WebMD documentation reasonably requested by WebMD to support any claim of Vendor. THE PARTIES AGREE FOREGOING STATES THE ENTIRE LIABILITY OF WEBMD WITH RESPECT TO CLAIMS THAT INFORMATION WAS NOT TRANSMITTED OR WAS TRANSMITTED INACCURATELY BY WEBMD AND SUCH LIABILITY IS FURTHER LIMITED BY THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED APPEARING IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.9.1

Limitations of Liability. 7.1 IN NO EVENT 9.1. NEITHER PARTY SHALL EITHER PARTY BE LIABLE TO THE OTHER UNDER THIS MSA FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT AND/OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTOR PURE ECONOMIC LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE)LOSS OF PROFIT, ARISING FROM THIS AGREEMENT OR AGENCY’S LOSS OF BUSINESS, DEPLETION OF GOODWILL AND/OR AGENCY’S CLIENTS’ USE ANY SIMILAR LOSSES EVEN IF THAT PARTY HAS BEEN ADVISED OF THE SPRINKLR SERVICESPOSSIBILITY OF SUCH DAMAGES. 9.2. CIRIUM’S TOTAL LIABILITY TO THE CUSTOMER UNDER ANY PROVISION OF THIS MSA FOR ANY BREACH OF THIS MSA AND/OR ANY REPRESENTATION, EXCEEDSTATEMENT OR TORTIOUS ACT OR OMISSION (INCLUDING NEGLIGENCE) ARISING UNDER OR IN CONNECTION WITH THIS MSA, SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID TO CIRIUM BY THE CUSTOMER FOR THE LICENSE OF THE LICENSED MATERIAL AND SERVICES IN RESPECT OF WHICH THE AGGREGATERELEVANT CLAIM HAS ARISEN FOR THE THEN CURRENT INITIAL TERM OR RENEWAL TERM. THE EXISTENCE OF MORE THAN ONE CLAIM IN RELATION TO THE LICENSED MATERIAL OR SERVICES SHALL NOT ENLARGE OR EXTEND THIS LIMIT. CUSTOMER RELEASES CIRIUM FROM ALL OBLIGATIONS, LIABILITY, CLAIMS OR DEMANDS RELATED TO THE TOTAL FEES RECEIVED BY LICENSED MATERIAL OR PAYABLE TO SPRINKLR FROM AGENCY SERVICES AND USAGE THEREOF UNDER THIS AGREEMENT MSA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS EXCESS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED LIMITATION PROVIDED FOR IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSESECTION 9. 9.3. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION 9.1 AND 9.2 DO NOT APPLY TO FEES DUE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY CAUSED BY THE SPRINKLR SERVICES UNDER THIS AGREEMENTNEGLIGENCE OF THAT PARTY OR ITS EMPLOYEES OR AGENTS, OR FOR FRAUDULENT MISREPRESENTATION, WILFUL MISCONDUCT OR GROSS NEGLIGENCE. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 9.1. NEITHER COMPANY NOR ANY OTHER PARTY INVOLVED IN NO EVENT SHALL EITHER PARTY CREATING, PRODUCING, OR DELIVERING THE SERVICES (“SUPPLIERS”) WILL BE LIABLE FOR ANY INCIDENTAL, ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL, PUNITIVE, RELIANCE EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENTTHESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER MATTER RELATING TO LEGAL THEORY, AND WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE SPRINKLR SERVICESPOSSIBILITY OF SUCH DAMAGE. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, 9.2. IN NO EVENT SHALL THE WILL COMPANY OR SUPPLIERS’ TOTAL LIABILITY ARISING OUT OF ONE PARTY TO OR IN CONNECTION WITH THESE TERMS OR FROM THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF OR INABILITY TO USE THE SPRINKLR SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO COMPANY IN THE PRECEDING TWELVE MONTHS FOR THE SERVICES, EXCEEDOR IF YOU HAVE NOT HAD ANY SUCH PAYMENT OBLIGATIONS, ONE HUNDRED UNITED STATES DOLLARS ($100). 9.3. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE AGGREGATE, THE TOTAL FEES RECEIVED PRICING OFFERED BY OR PAYABLE COMPANY TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES YOU AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS EACH OF THESE PROVISIONS IS SEVERABLE AND EXCLUSIONS INDEPENDENT OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED ALL OTHER PROVISIONS OF THEIR ESSENTIAL PURPOSETHESE TERMS. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION 9 WILL APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTMAXIMUM EXTENT NOT PROHIBITED BY LAW AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THESE TERMS. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 6.1 NEITHER PARTY NOR ANY OF ITS AFFILIATES (AND IN NO EVENT THE CASE OF HYLAND, ITS SUPPLIERS) SHALL EITHER PARTY BE LIABLE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH DAMAGES, OR ANY LOSS OF REVENUE, GOODWILL, SAVINGS OR PROFITS (EXCLUDING FEES DUE UNDER THIS AGREEMENT), INCLUDING WITHOUT LIMITATION LOSS OR CORRUPTION OF REVENUE DATA OR ANTICIPATED PROFITS PROGRAMS, COSTS OF REPLACEMENT OR LOST THE REMEDY OF COVER, OR BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO INTERRUPTION DAMAGES, EVEN IF ADVISED OF THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH POSSIBILITY OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL SUCH DAMAGES, LOSSES, EXPENSES OR COSTS. 6.2 ▇▇▇▇▇▇’▇ (INCLUDING ITS AFFILIATES AND CAUSES SUPPLIERS) TOTAL, CUMULATIVE LIABILITY ARISING OUT OF ACTION (OR RELATED TO THIS AGREEMENT OR THE PRODUCTS OR SERVICES PROVIDED UNDER IT, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISETORT (INCLUDING NEGLIGENCE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/ANY OTHER LEGAL OR AGENCY’S CLIENTS’ EQUITABLE THEORY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNTS ACTUALLY PAID TO HYLAND BY CUSTOMER (LESS ANY REFUNDS OR CREDITS) FOR THE USE OF THE SPRINKLR SERVICES, EXCEED, IN PRODUCTS OR PROVISION OF THE AGGREGATE, SERVICES GIVING RISE TO THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN CLAIM DURING THE TWELVE (12) MONTHS MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO SUCH CLAIM. WITH RESPECT TO ANY PRODUCTS OR SERVICES PROVIDED TO CUSTOMER FREE OF CHARGE (SUCH AS EVALUATION SOFTWARE OR SERVICES), NEITHER HYLAND NOR ANY OF ITS AFFILIATES OR SUPPLIERS WILL BE LIABLE FOR DIRECT DAMAGES. 6.3 THE LIABILITY. AGENCY LIMITATIONS IN SECTIONS 6.1 AND 6.2 SHALL NOT APPLY: (1) TO THE EXTENT SUCH LIMITATIONS ARE PROHIBITED BY LAW, (2) PAYMENTS TO A THIRD PARTY ARISING FROM ▇▇▇▇▇▇’▇ INDEMNIFICATION OBLIGATION FOR INTELLECTUAL PROPERTY INFRINGEMENT; OR (3) TO ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF CUSTOMER’S OR CONTRACTOR’S PROHIBITED ACTS. 6.4 IF CUSTOMER USES THE SOFTWARE, HYLAND CLOUD SERVICE, OR ADD-ON SERVICES IN A CLINICAL SETTING, CUSTOMER ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES THE SOFTWARE, HYLAND CLOUD SERVICES AND ENTERED INTO THIS AGREEMENT ADD-ON SERVICES DO NOT OFFER MEDICAL INTERPRETATIONS OF DATA, DIAGNOSE PATIENTS, OR RECOMMEND THERAPY OR TREATMENT; THE SOFTWARE, HYLAND CLOUD SERVICE AND ADD-ON SERVICES ARE AN INFORMATION RESOURCE AND IS NOT A SUBSTITUTE FOR THE SKILL, JUDGMENT AND KNOWLEDGE OF CUSTOMER’S USERS OF THE SOFTWARE, HYLAND CLOUD SERVICE OR ADD-ON SERVICES IN RELIANCE UPON THE PROVISION OF HEALTHCARE SERVICES. IN ADDITION TO THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH PROVIDED HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS HYLAND SHALL NOT HAVE ANY LIABILITY FOR ANY ASPECT OF HEALTHCARE SERVICES PROVIDED BY CUSTOMER IN CONJUNCTION WITH ITS USE OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTSOFTWARE, HYLAND CLOUD SERVICE OR ADD-ON SERVICES. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER IMPERVA’S (AND ITS PARTNERS’ OR SUPPLIERS’) TOTAL AND AGGREGATE LIABILITY IN CONNECTION WITH ANY PROFESSIONAL SERVICES OR ANY SOW EXCEED THE TOTAL VALUE OF AMOUNTS PAID BY COMPANY TO IMPERVA IN RESPECT OF PROFESSIONAL SERVICES PROVIDED BY IMPERVA PURSUANT TO THE RELEVANT SOW DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM, WHETHER SUCH LIABILITY ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY BE LIABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.‌ IN NO EVENT SHALL IMPERVA (OR ITS PARTNERS’ OR SUPPLIERS’) HAVE ANY LIABILITY IN CONNECTION WITH THE PRODUCTS, SERVICES OR THIS AGREEMENT TO THE COMPANY FOR ANY LOST PROFITS OR REVENUES, LOSS OF DATA, GOODWILL OR USE, INTERRUPTION OF THE SERVICES, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONNECTION WITH THIS AGREEMENTCONTRACT, TORT (INCLUDING WITHOUT LIMITATION LOSS OF REVENUE NEGLIGENCE) OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR UNDER ANY OTHER MATTER RELATING TO THEORY OF LIABILITY, WHETHER OR NOT THE SPRINKLR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. COMPANY ACKNOWLEDGES AND AGREES THAT IMPERVA HAS OFFERED THE PRODUCTS AND SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS THEIR PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT, THAT THE WARRANTY DISCLAIMERS AND THE DISCLAIMERS LIMITATIONS OF WARRANTIES LIABILITY SET OUT IN THIS AGREEMENT REFLECT A REASONABLE AND DAMAGES SET FORTH HEREINFAIR ALLOCATION OF RISK, AND THAT THE SAME WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN END USER AND IMPERVA. IMPERVA WOULD NOT BE ABLE TO PROVIDE THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.‌

Limitations of Liability. 7.1 IN (a) UNDER NO EVENT SHALL EITHER PARTY CIRCUMSTANCES (I) WILL HORIZON OR ANY OF ITS PARENTS, AFFILIATES OR VENDORS (OR ANY OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF THE PARTIES, OR ITS PARENTS, AFFILIATES OR VENDORS) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVECONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGE OR LOSS SUFFERED OR INCURRED BY CUSTOMER, REGARDLESS OF THE FORM OF ACTION, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY LOSS OF REVENUE OR ANTICIPATED REVENUE, PROFITS OR BUSINESS, ANTICIPATED SAVINGS, LOSS OF GOODWILL OR REPUTATION, COSTS OF DELAY, LOST BUSINESS OR LOST SALES DAMAGED DATA, OR THE INCURRING OF LIABILITY FOR LOSS OR DAMAGE OF ANY OTHER MATTER RELATING TO NATURE WHATSOEVER, ALL WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCTPOSSIBILITY OF SUCH DAMAGES; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iiiII) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE WILL HORIZON'S TOTAL AGGREGATE LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY CUSTOMER UNDER THIS AGREEMENT IN EXCEED THE TWELVE GREATER OF THE AGGREGATE COMPENSATION HORIZON RECEIVED FOR PROVIDING THE TRANSACTION SERVICES TO CUSTOMER DURING THE SIX (126) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO DATE ON WHICH THE LIABILITYCLAIM AROSE. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED NOTHING IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND SHALL BE DEEMED TO HAVE FAILED EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTLAW. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 9.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR M-STAR’S TOTAL AND AGGREGATED LIABILITY TO CUSTOMER OR ANY INDIRECTAUTHORIZED USER ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER, SPECIALIN RESPECT OF ANY CLAIM, INCIDENTALWHETHER IN CONTRACT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, TORT (INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES NEGLIGENCE) OR ANY OTHER MATTER RELATING TO THEORY OF LIABILITY EXCEED THE SPRINKLR SERVICES. 7.2 EXCEPT FEES ACTUALLY PAID BY CUSTOMER FOR (iSUCH SERVICE(S) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN DURING THE TWELVE (12) MONTHS MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE DATE OF CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT. THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO THE LIABILITY(A) A PARTY’S FRAUD OR WILLFUL MISCONDUCT; OR (B) CUSTOMER’S OBLIGATION TO PAY FEES OWED UNDER THIS AGREEMENT. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE THESE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS ARE INDEPENDENT OF WARRANTIES AND DAMAGES SET FORTH HEREINANY EXCLUSIVE REMEDIES, AND THAT WILL SURVIVE AND APPLY NOTWITHSTANDING THE SAME 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, ENHANCED, OR PUNITIVE DAMAGES, INCLUDING MALFUNCTIONS, DELAYS, LOSS OF DATA, LOSS OF PROFIT, INTERRUPTION OF SERVICE OR LOSS OF BUSINESS OR ANTICIPATORY PROFITS, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. 9.3 THE FEES CHARGED UNDER THIS AGREEMENT REFLECT THE OVERALL ALLOCATION OF RISK BETWEEN THE PARTIES, INCLUDING BY MEANS OF THE LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES DESCRIBED IN THIS AGREEMENT. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. PARTIES AND A MODIFICATION OF THESE PROVISIONS WOULD AFFECT SUBSTANTIALLY 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 PURPOSEFEES CHARGED BY M-STAR. IN NO EVENT SHALL THE LIMITATIONS IN CONSIDERATION OF THESE FEES, CUSTOMER AGREES TO THIS SECTION APPLY ALLOCATION OF RISK AND HEREBY WAIVES ANY RIGHT, THROUGH EQUITABLE RELIEF OR OTHERWISE, TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTSUBSEQUENTLY SEEK A MODIFICATION OF THESE PROVISIONS OR ALLOCATION OF RISK. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT(a) Contractor makes no warranty or agreement, SPECIALexpress or implied, INCIDENTALto or for the benefit of any person or entity other than Customer concerning the performance of the Satellites or any other matters relating to the Work. (b) THE PARTIES TO THIS CONTRACT EXPRESSLY RECOGNIZE THAT COMMERCIAL SPACE VENTURES INVOLVE SUBSTANTIAL RISKS AND RECOGNIZE THE COMMERCIAL NEED TO DEFINE, PUNITIVEAPPORTION, OR CONSEQUENTIAL DAMAGES IN CONNECTION AND LIMIT CONTRACTUALLY ALL THE RISKS ASSOCIATED WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY COMMERCIAL SPACE VENTURE. THE PAYMENTS AND OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) REMEDIES EXPRESSLY SET FORTH IN THIS CONTRACT FULLY REFLECT THE PARTIES’ INDEMNIFICATION OBLIGATIONSNEGOTIATIONS, INTENTIONS, AND BARGAINED-FOR ALLOCATION OF THE RISKS ASSOCIATED WITH COMMERCIAL SPACE VENTURES. (c) THE WARRANTY OBLIGATIONS OF CONTRACTOR AND THE REMEDIES AGAINST CONTRACTOR THEREFOR THAT ARE EXPRESSLY SET FORTH OR REFERENCED IN ARTICLE 18 (CONTRACTOR’S REPRESENTATIONS, COVENANTS, AND WARRANTIES) ARE EXCLUSIVE AND ARE IN SUBSTITUTION OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED (INCLUDING ANY STATUTORY WARRANTIES SUCH AS IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), WHICH ARE EXPRESSLY DISCLAIMED. (d) CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES, AND CONTRACTOR’S SOLE OBLIGATIONS FOR (I) ANY BREACH OF THIS CONTRACT, INCLUDING DELAY OR DEFAULT; AND/OR (iiiII) A ANY DEFECT, NON-CONFORMANCE OR DEFICIENCY IN ANY WORK UNDER THIS CONTRACT OR IN ANY INFORMATION, INSTRUCTIONS, SERVICES, OR OTHER CLAIMS WHATSOEVER ARISING OUT OF OR RELATING TO THIS CONTRACT AND/OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER DENOMINATED AS CONTRACT, TORT, EQUITABLE, STATUTORY, OR ANY OTHER TYPE OF CLAIM) ARE LIMITED TO THOSE SET FORTH IN ARTICLES 10 (LIQUIDATED DAMAGES FOR LATE DELIVERY), 12 (IN-ORBIT PERFORMANCE INCENTIVE PAYMENTS), 18 (CONTRACTOR’S REPRESENTATIONS, COVENANTS, AND WARRANTIES), 21 (INTELLECTUAL PROPERTY INFRINGEMENT INDEMNIFICATION), 24 (INDEMNIFICATION), 25 (INSURANCE), AND 32 (TERMINATION) HEREOF AND ANY OTHER REMEDIES SPECIFICALLY SET FORTH IN THIS CONTRACT; AND ALL OTHER REMEDIES OR RECOURSE AGAINST CONTRACTOR OF ANY KIND ARE EXPRESSLY DISCLAIMED AND FOREVER WAIVED BY CUSTOMER. (e) CONTRACTOR SHALL NOT, UNDER ANY CIRCUMSTANCES, UNDER ANY WARRANTY (EXPRESS, IMPLIED, OR STATUTORY) OR UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE, TORT, STRICT LIABILITY, CONTRACT, OR OTHER LEGAL OR EQUITABLE THEORY) HAVE ANY LIABILITY TO CUSTOMER OR CUSTOMER’S CUSTOMERS FOR ANY SPECIAL, CONSEQUENTIAL, AND/OR INCIDENTAL DAMAGES, WHETHER OR NOT FORESEEABLE, INCLUDING LOST REVENUES OR PROFITS, COST OF CAPITAL, OR ANY OTHER FORM OF ECONOMIC LOSS RESULTING FROM ANY BREACH OF SECTION 2.8THIS CONTRACT OR WITH RESPECT TO ANY DEFECT, NON-CONFORMANCE, OR DEFICIENCY IN NO EVENT SHALL ANY INFORMATION, INSTRUCTIONS, SERVICES, OR OTHER THINGS PROVIDED PURSUANT TO THIS CONTRACT. (f) THE TOTAL LIABILITY OF ONE PARTY CONTRACTOR WITH RESPECT TO THE OTHER PARTY ALL CLAIMS OF ANY KIND, INCLUDING WITHOUT LIMITATION LIQUIDATED DAMAGES, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, STRICT LIABILITY OR OTHERWISE, AND WHETHER ARISING BEFORE OR AFTER DELIVERY OF ANY DELIVERABLE ITEM, FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), LOSS ARISING FROM OR RELATING TO THIS AGREEMENT CONTRACT, OR AGENCY’S AND/FROM THE PERFORMANCE OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICESBREACH THEREOF, SHALL NOT EXCEED, EXCEPT AS OTHERWISE SET FORTH IN THE AGGREGATETHIS CONTRACT, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN CONTRACT PRICE. NOTWITHSTANDING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON FOREGOING, THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREININ THIS CONTRACT SHALL NOT APPLY TO CONTRACTOR, ITS AFFILIATES, ASSOCIATES, AND THAT SUBCONTRACTORS TO THE SAME FORM AN ESSENTIAL BASIS EXTENT A CLAIM OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS ANY KIND RELATED TO OR ARISING OUT OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTCONTRACT IS COVERED BY INSURANCE MAINTAINED BY CONTRACTOR, ITS AFFILIATES, ASSOCIATES OR SUBCONTRACTORS. 7.3 Neither party will be liable (g) The limitations of liability set forth herein shall also apply to all Affiliates, Associates, and Subcontractors of Contractor to the same extent as set forth herein with respect to Contractor. (h) Each Party shall have a duty to mitigate damages for which the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure EventParty is responsible.

Limitations of Liability. 7.1 IN NO EVENT NEITHER PARTY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS, SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGESINDIRECT, LOSSESINCIDENTAL, AND CAUSES SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LIABILITY (INCLUDING REASONABLE ATTORNEYS’ FEES) THAT RESULT FROM OR ARE RELATED TO THE AGREEMENT OR ANY OF ACTION (THE JAGGAER APPLICATIONS, WHETHER IN CONTRACT OR TORTTORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDINGEVEN IF THE OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITY. IN ANY EVENT, BUT NOT LIMITED TOEXCEPT FOR AMOUNTS OWED TO JAGGAER BY CLIENT AS SET FORTH IN AN ORDER FORM, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS THE AGREEMENT OR AGENCY’S AND/ANOTHER DOCUMENT, THE AGGREGATE LIABILITY OF EITHER PARTY RELATED TO OR AGENCY’S CLIENTS’ USE ARISING OUT OF THE SPRINKLR SERVICESAGREEMENT OR ANY OF THE JAGGAER APPLICATIONS, EXCEEDWHETHER IN CONTRACT, IN TORT OR UNDER ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED THREE TIMES (3X) THE AGGREGATE, THE TOTAL FEES AMOUNTS RECEIVED BY OR PAYABLE TO SPRINKLR JAGGAER FROM AGENCY UNDER THIS AGREEMENT CLIENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITYSUCH DAMAGES. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY UNDER THIS SECTION SHALL NOT APPLY TO ANY OBLIGATIONS AND THE DISCLAIMERS LIABILITIES ARISING FROM VIOLATIONS BY EITHER PARTY HEREUNDER OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS SECTIONS 3 (USE OF THE BARGAIN BETWEEN JAGGAER APPLICATIONS AND SERVICES) OR 8 (CONFIDENTIAL INFORMATION) OF THE PARTIESAGREEMENT, OR ANY INDEMNIFICATION PROVIDED BY JAGGAER UNDER SECTION 7.1 OF THE AGREEMENT RELATING TO INTELLECTUAL PROPERTY INFRINGEMENT. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS JAGGAER’S AGGREGATE LIABILITY ARISING OUT OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT OR RELATED TO SECTION 7.2 (DATA SECURITY INDEMNIFICATION) WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTNOT EXCEED $1 MILLION. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT NEITHER PARTY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS, SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGESINDIRECT, LOSSESINCIDENTAL, AND CAUSES SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LIABILITY (INCLUDING REASONABLE ATTORNEYS’ FEES) THAT RESULT FROM OR ARE RELATED TO THE AGREEMENT OR ANY OF ACTION (THE JAGGAER APPLICATIONS, WHETHER IN CONTRACT OR TORTTORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDINGEVEN IF THE OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITY. IN ANY EVENT, BUT NOT LIMITED TOEXCEPT FOR AMOUNTS OWED TO JAGGAER BY CLIENT AS SET FORTH IN AN ORDER FORM, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS THE AGREEMENT OR AGENCY’S AND/ANOTHER DOCUMENT, THE AGGREGATE LIABILITY OF EITHER PARTY RELATED TO OR AGENCY’S CLIENTS’ USE ARISING OUT OF THE SPRINKLR SERVICESAGREEMENT OR ANY OF THE JAGGAER APPLICATIONS, EXCEEDWHETHER IN CONTRACT, IN TORT OR UNDER ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED THE AGGREGATE, THE TOTAL FEES AMOUNTS RECEIVED BY OR PAYABLE TO SPRINKLR JAGGAER FROM AGENCY UNDER THIS AGREEMENT CLIENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITYSUCH DAMAGES. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY UNDER THIS SECTION SHALL NOT APPLY TO ANY OBLIGATIONS AND THE DISCLAIMERS LIABILITIES ARISING FROM VIOLATIONS BY EITHER PARTY HEREUNDER OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS SECTIONS 3 OR 8 OF THE BARGAIN BETWEEN AGREEMENT, OR ANY INDEMNIFICATION PROVIDED BY JAGGAER UNDER SECTION 7 OF THE PARTIESAGREEMENT. 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 PURPOSE9 LIMITAZIONE DI RESPONSABILITÀ. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTNessuna delle Parti, né i loro Affiliati, Amministratori, Dirigenti, dipendenti, agenti o appaltatori, saranno responsabili nei confronti dell'altra Parte per qualsiasi danno o responsabilità indiretti, incidentali, speciali, conseguenti, punitivi o esemplari (incluse ragionevoli spese legali) che derivino da o siano correlate all'Accordo o a qualsiasi Applicazione JAGGAER, sia per inadempimento contrattuale, sia per colpa o secondo qualsiasi altra teoria di responsabilità, anche se l'altra Parte è stata informata della possibilità di tali danni o responsabilità. In ogni caso, ad eccezione degli importi dovuti a JAGGAER dal Cliente come definiti in un Modulo di Proposta Contrattuale, nell'Accordo o in altro documento, la responsabilità complessiva massima di una o dell'altra Parte che derivino da o siano correlate all'Accordo o a qualsiasi Applicazione JAGGAER, sia per inadempimento contrattuale, sia per colpa o secondo qualsiasi altra teoria di responsabilità, non supererà gli importi ricevuti da JAGGAER da parte del Cliente nei dodici mesi che precedono il fatto avente causato il danno. I limiti di responsabilità previsti in questa Sezione non saranno applicabili agli obblighi e responsabilità nati da violazioni da parte dell'una o dell'altra Parte ai sensi delle Sezioni 3 od 8 dell'Accordo, o a qualsiasi indennizzo da parte di JAGGAER ai sensi della Sezione 7 dell'Accordo. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 EXCEPT AS PROVIDED IN NO EVENT THIS SECTION 9, NEITHER PARTY SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTDAMAGES, INCLUDING WITHOUT LIMITATION LIMITATION, LOSS OF REVENUE REVENUES, LOSS OF PROFITS, OR ANTICIPATED PROFITS COST OF PROCUREMENT OF SUBSTITUTE TECHNOLOGY, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY TO ANY CLAIM OR LOST BUSINESS CAUSE OF ACTION WHETHER IN CONTRACT OR LOST SALES TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY, OR ANY BREACH OF WARRANTY, BUT SHALL NOT APPLY IF (I) A FIRST CASH'S PRODUCT IS DETERMINED TO BE DEFECTIVE AND TO HAVE CAUSED BODILY INJURY OR DEATH, OR (II) IF SUCH DAMAGES ARE THE RESULT OF THE OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S 'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL ▇▇▇▇▇▇▇▇▇▇.▇▇▇'S TOTAL AGGREGATE LIABILITY UNDER OR AS A RESULT OF THIS AGREEMENT EXCEED THE LIMITATIONS AMOUNT OF FEES PAID BY FIRST CASH HEREUNDER. IN NO EVENT SHALL FIRST CASH'S TOTAL AGGREGATE LIABILITY UNDER OR AS A RESULT OF THIS SECTION APPLY TO FEES DUE FOR AGREEMENT EXCEED THE SPRINKLR SERVICES UNDER THIS AGREEMENTPOLICY LIMITS OF ITS THEN CURRENT INSURANCE POLICIES. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN ARTICLE VI ABOVE, HEALTHAXIS GRANTS NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY LICENSED SOFTWARE OR SERVICES, INCLUDING 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, USE, OR PERFORMANCE OF THE LICENSED SOFTWARE. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIALINCIDENTAL OR CONSEQUENTIAL DAMAGES, INCIDENTALLOSS OF PROFITS, PUNITIVELOSS OF USE OR DATA, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS INTERRUPTION OF REVENUE BUSINESS SUFFERED OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES INCURRED BY THE OTHER OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 PARTY, WHETHER SUCH DAMAGES ARE LABELED IN TORT, CONTRACT, OR INDEMNITY. EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8AS OTHERWISE PROVIDED IN THIS AGREEMENT, IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL THE TOTAL LIABILITY OF ONE EITHER PARTY BE LIABLE OR OBLIGATED TO THE OTHER PARTY IN CONTRACT, TORT OR OTHERWISE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER AMOUNT IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE EXCESS OF THE SPRINKLR SERVICES, EXCEED, IN AMOUNT OF THE AGGREGATE, THE TOTAL FEES RECEIVED ACTUAL PAYMENTS MADE BY OR PAYABLE UICI TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN HEALTHAXIS DURING THE TWELVE (12) MONTHS MONTH PERIOD IMMEDIATELY PRECEDING PROCEEDING THE EVENT OR OCCURANCE GIVING RISE TO THE SUCH LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF , EACH PARTY'S MAXIMUM LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND HEREUNDER BEING HEREBY LIMITED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTSUCH AMOUNT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT12.4.1 EXCEPT WITH REGARD TO (A) OBLIGATIONS UNDER SECTION 12.1 AND SECTION 12.2 (INDEMNIFICATION), SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL AND (B) DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER ARISING FROM A PARTY’S GROSS NEGLIGENCE NEGLIGENCE, WILLFUL MISCONDUCT OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8FRAUD, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE A PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY AND ALL DAMAGESCONSEQUENTIAL, LOSSESINDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CAUSES SPECIAL DAMAGES. 12.4.2 EXCEPT WITH REGARD TO LOSSES ARISING FROM A PARTY’S (A) A BREACH OF ACTION SECTION 9 (WHETHER IN CONTRACT OR TORTCONFIDENTIALITY), INCLUDING(B) OBLIGATIONS UNDER SECTION 12.1 AND SECTION 12.2 (INDEMNIFICATION), BUT NOT LIMITED TO(C) FAILURE TO COMPLY WITH APPLICABLE LAW, (D) GROSS NEGLIGENCE OR OTHERWISE)WILLFUL MISCONDUCT, ARISING FROM AND (E) FRAUD, IN NO EVENT SHALL SUNOVION’S LIABILITY FOR LOSSES IN CONNECTION WITH THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF EXCEED THREE (3) TIMES THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED SERVICE CHARGES ACTUALLY PAID BY OR PAYABLE UROVANT TO SPRINKLR FROM AGENCY SUNOVION UNDER THIS AGREEMENT IN DURING THE TWELVE (12) MONTHS IMMEDIATELY MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTSUCH LOSSES. 7.3 Neither party will be liable 12.4.3 Notwithstanding anything to the other contrary in this Agreement, (i) Sunovion shall have no liability for third party claims SOLELY arising out of government pricing calculations performed by Sunovion on behalf of UROVANT under THIS Agreement; provided that such calculations were performed by Sunovion in accordance with Sunovion’s government price calculation methodologies approved by UROVANT PURSUANT TO SECTION 5.5, and (ii) to the extent any failure to perform, Products are lost or delay damaged while in the performance ofcustody of a 3PL Provider, any obligation under this Agreement caused by a Force Majeure EventUROVANT hereby agrees to the loss and damage limitations set forth in the applicable contract between Sunovion and such 3PL Provider and Sunovion shall have no liability with respect thereto OTHER THAN TO USE COMMERCIALLY REASONABLE EFFORTS TO ENFORCE SUCH CONTRACT.

Limitations of Liability. 7.1 IN NO EVENT If, except for acts of negligence, gross negligence or intentional misconduct, Patheon fails to materially perform any part of the Services in accordance with the terms of this Agreement or the SOW, then Patheon shall, at Metabolex’s request, either (i) [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. repeat that part of the Service at Patheon’s costs except that Metabolex will supply the API or Metabolex Materials at Metabolex’s expense; or (ii) reimburse Metabolex for the price for that part of the Service, excluding the cost of the API or Metabolex Materials. [*] API or Metabolex Materials [*] arises out of [*]. If Patheon fails to materially perform any part of the Services in accordance with the terms of this Agreement or the SOW because of [*], then in addition to the remedies listed in the first sentence of Section 12.5 above, Patheon will reimburse Metabolex for [*]. NEITHER PARTY SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECTSPECIAL, SPECIALCONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL INDIRECT DAMAGES IN CONNECTION WITH ARISING FROM OR RELATING TO ANY BREACH OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS REGARDLESS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE NOTICE OF THE SPRINKLR SERVICESPOSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS NOTHING IN THIS SECTION APPLY IS INTENDED TO FEES DUE LIMIT OR RESTRICT THE INDEMNIFICATION RIGHTS OR OBLIGATIONS OF ANY PARTY UNDER SECTION 12.1 OR 12.2, OR DAMAGES AVAILABLE FOR BREACHES OF THE SPRINKLR SERVICES UNDER THIS AGREEMENTPROPERTY OWNERSHIP/PATENT RIGHTS IN ARTICLE 5 OR THE CONFIDENTIALITY OBLIGATIONS IN ARTICLE 7. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 14.1. GRAY QUARTER’S AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER UNDER THE APPLICABLE ORDER IN NO THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT SHALL EITHER PARTY 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, PUNITIVEDIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL PUNATIVE DAMAGES, LOSSES, AND CAUSES REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE ACTIONS FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY WHETHER IN CONTRACT, TORT OR OTHERWISE), IN ANY WAY ARISING FROM THIS AGREEMENT OUT OF OR AGENCY’S AND/IN CONNECTION WITH THE USE OR AGENCY’S CLIENTS’ USE PERFORMANCE OF, OR ANY FAILURE OR DELAY IN PROVIDING THE SERVICES, HOWEVER CAUSED, EVEN IF GRAY QUARTER HAS BEEN ADVISED OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS POSSIBILITY OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTSUCH DAMAGES. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT If, except for acts of negligence, gross negligence or intentional misconduct, Patheon fails to materially perform any part of the Services in accordance with the terms of this Agreement or the SOW, then Patheon shall, at Metabolex’s request, either (i) [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Act of 1934, as amended. repeat that part of the Service at Patheon’s costs except that Metabolex will supply the API or Metabolex Materials at Metabolex’s expense; or (ii) reimburse Metabolex for the price for that part of the Service, excluding the cost of the API or Metabolex Materials. [*] API or Metabolex Materials [*] arises out of [*]. If Patheon fails to materially perform any part of the Services in accordance with the terms of this Agreement or the SOW because of [*], then in addition to the remedies listed in the first sentence of Section 12.5 above, Patheon will reimburse Metabolex for [*]. NEITHER PARTY SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECTSPECIAL, SPECIALCONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL INDIRECT DAMAGES IN CONNECTION WITH ARISING FROM OR RELATING TO ANY BREACH OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS REGARDLESS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE NOTICE OF THE SPRINKLR SERVICESPOSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS NOTHING IN THIS SECTION APPLY IS INTENDED TO FEES DUE LIMIT OR RESTRICT THE INDEMNIFICATION RIGHTS OR OBLIGATIONS OF ANY PARTY UNDER SECTION 12.1 OR 12.2, OR DAMAGES AVAILABLE FOR BREACHES OF THE SPRINKLR SERVICES UNDER THIS AGREEMENTPROPERTY OWNERSHIP/PATENT RIGHTS IN ARTICLE 5 OR THE CONFIDENTIALITY OBLIGATIONS IN ARTICLE 7. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY CERTAINLY AND ITS AFFILIATES OR LICENSORS WILL NOT BE LIABLE TO SUBSCRIBER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTALCONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, PUNITIVEGOODWILL, USE, OR CONSEQUENTIAL DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER CERTAINLY NOR ANY ITS AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) SUBSCRIBER’S INABILITY TO USE A CERTIFICATE, INCLUDING AS A RESULT OF (I) ANY TERMINATION OR SUSPENSION OF THIS AGREEMENT OR THE CPS OR REVOCATION OF A CERTIFICATE, (II) CERTAINLY’S DISCONTINUATION OF ANY OR ALL SERVICE OFFERINGS IN CONNECTION WITH THIS AGREEMENT, OR, (III) ANY DOWNTIME OF ALL OR A PORTION OF CERTIFICATE SERVICES FOR ANY REASON, INCLUDING WITHOUT LIMITATION LOSS AS A RESULT OF REVENUE POWER OUTAGES, SYSTEM FAILURES OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCTINTERRUPTIONS; (iiB) THE PARTIES’ INDEMNIFICATION OBLIGATIONSCOST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; AND/(C) ANY INVESTMENTS, EXPENDITURES, OR (iii) A BREACH OF SECTION 2.8, COMMITMENTS BY SUBSCRIBER IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM CONNECTION WITH THIS AGREEMENT OR AGENCYSUBSCRIBER’S AND/OR AGENCY’S CLIENTS’ USE OF OR ACCESS TO CERTAINLY’S CERTIFICATE SERVICES; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE SPRINKLR SERVICESDELETION, EXCEEDDESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF SUBSCRIBER’S CONTENT OR OTHER DATA. IN ANY CASE, CERTAINLY AND ITS AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND ALL CERTIFICATES ISSUED HEREUNDER, IS THE LESSER OF THE AMOUNT PAID BY SUBSCRIBER TO CERTAINLY FOR THE CERTIFICATE(S) AT ISSUE OR THE AMOUNTS PAID TO CERTAINLY FOR THE CERTIFICATE SERVICES FOR THE CERTIFICATE(S) AT ISSUE IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE LAST TWELVE (12) MONTHS IMMEDIATELY PRECEDING BEFORE THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTCLAIM AROSE. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 The provision of the Services by Service Provider is subject to the limitations on liability outlined in this Section and sets out the Parties’ entire liability arising out of or in connection with the Agreement. Customer acknowledges and agree that the Charges for the Services under the Agreement are based upon this allocation of risk. 7.2 CUSTOMER’S EXCLUSIVE REMEDY FOR ANY FAILURE OF SERVICE PROVIDER’S OBLIGATIONS PURSUANT TO THIS AGREEMENT SHALL BE THE REMEDIES SET FORTH IN SECTION 3.2 ABOVE AND ANY SERVICE CREDIT DUE PURSUANT TO ANY APPLICABLE SERVICE LEVEL AGREEMENT SET FORTH IN THE APPLICABLE SERVICE ADDENDUM FOR SUCH SERVICE. CUSTOMER ACKNOWELDGES THAT, WHERE APPLICABLE, A SERVICE CREDIT IS CUSTOMERS SOLE AND EXCLUSIVE REMEDY IN RESPECT OF ANY BREACH OF A COLOHOUSE SERVICE LEVEL AGREEMENT. 7.3 IN NO EVENT SHALL EITHER PARTY SERVICE PROVIDER BE LIABLE OR RESPONSIBLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, TYPE OF INCIDENTAL, PUNITIVE, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE), ARISING FROM THIS AGREEMENT . 7.4 IN NO EVENT SHALL SERVICE PROVIDER LIABILITY TO ANY CUSTOMER OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE ANY THIRD PARTY IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF THE SPRINKLR SERVICES, EXCEED, CHARGES CUSTOMER ACTUALLY PAID TO SERVICE PROVIDER FOR SERVICES IN THE AGGREGATE, MONTH PERIOD DIRECTLY PRIOR TO THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT ACTION GIVING RISE TO THE ALLEGED LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT8 CUSTOMER OBLIGATIONS. 7.3 Neither 8.1 END USER LICENCE TERMS. Customer agrees: it will not copy any license keys or otherwise decrypt or circumvent any license keys with respect to software provided by Service Provider or used in connection with the Services nor reverse engineer, decompile, or disassemble any such software or code, except to the extent such activity is expressly permitted by the manufacturer or developer of the software or code or applicable law; it will not use license keys provided by Service Provider on a second system or through any other service provider; it will not remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on or during the use of any such software or service; to observe the terms of any license or applicable end user subscriber agreement for the software or other products made available to Customer; and, assist and enable Service Provider access to systems in order to verify compliance with this section. Service Provider will not have any liability to Customer or any other party resulting from Customer’s violation of any license agreements or end user subscriber agreements that govern such software or products and Customer will be liable solely responsible for any additional software or products that Customer installs or uses in connection with the Services. Additional restrictions may apply to any Microsoft software provided to Customer in connection with the Services. Customer agrees to comply with all applicable Microsoft Corporation licensing terms. Customer’s own Microsoft licenses must be maintained under Microsoft’s Software Assurance Program. In the event Customer’s Software Assurance expires, Customer must either (i) renew its compliance with the Software Assurance Program, (ii) purchase a valid Microsoft license from Service Provider; or (iii) remove the expired license from the Services. Customer shall reimburse Service Provider any costs incurred as a result of Customer’s non-compliance with this clause. 8.2 EXPORT, SANCTIONS. Customer’s use of the Services must be in compliance with applicable laws. Without limiting the foregoing statement, Customer agrees to comply with all restrictions and regulations of the U.S. Department of the Treasury, Commerce, Foreign Affairs, or any other domestic or foreign agency or authority in connection with Customer’s use of the Services, and to not, in violation of any laws, transfer or authorize the transfer of any Services into any U.S., U.N., or any other applicable domestic or foreign governing agency or authority’s embargoed countries. Customer represents and warrants that it is not located in, under the control of, or a national or resident of any such country or using the Services for a purpose that is otherwise prohibited in accordance with any such list. 8.3 ANTI-CORRUPTION. The Customer will comply with all applicable anti-corruption laws of the United States and other countries, including the United States Corrupt Practices Act, the Canadian Criminal Code and Corruption of Foreign Public Officials Act and the U.K. Bribery Act 2010. Neither the Customer nor any of its representatives shall, directly or indirectly, offer or pay anything of value (including gifts, travel, entertainment expenses and charitable donations) to any official or employee of any government, government agency, political party or public international organization, or any candidate for political office, to (i) improperly influence any act or decision of such official, employee or candidate for the purpose of promoting the business interests of the other for party in any failure to performrespect, or delay (ii) otherwise improperly promote the business interests of the other party in the performance of, any obligation under this Agreement caused by a Force Majeure Eventrespect.

Limitations of Liability. 7.1 14.1 CATALENT’S LIABILITY UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS FOR LOST, DAMAGED OR DESTROYED SUPERNUS-SUPPLIED MATERIALS (FOR WHICH SUPERNUS SHALL PROVIDE TO CATALENT DOCUMENTATION EVIDENCING THE COST OF SUCH MATERIALS) WHETHER OR NOT SUCH SUPERNUS-SUPPLIED MATERIALS ARE INCORPORATED INTO PRODUCT SHALL NOT EXCEED: BATCH CAP: FOR ANY CLAIM FOR SUPERNUS-SUPPLIED MATERIALS LOST OR DESTROYED AS A RESULT OF CATALENT DEFECTIVE PROCESSING DURING THE PROCESSING OF ANY GIVEN BATCH OF PRODUCT, [**] FOR SUCH BATCH (OR [**] IF THE RESULT OF CATALENT’S [**]); [**] = CERTAIN CONFIDENTIAL INFORMATION OMITTED ANNUAL CAP: [**] IN ANY CONTRACT YEAR IF DUE TO CATALENT’S [**] (WITH SUCH AMOUNT INCREASING TO [**] IF DESTROYED AS A RESULT OF CATALENT [**]); AND AGGREGATE CAP: [**] IN THE AGGREGATE IF DUE TO CATALENT’S [**] (WITH SUCH AMOUNT INCREASING TO [**] IF THE RESULT OF CATALENT [**]). 14.2 CATALENT’S TOTAL LIABILITY UNDER THIS AGREEMENT IN A GIVEN CONTRACT YEAR SHALL IN NO EVENT EXCEED [**]. 14.3 NEITHER PARTY SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGESINDIRECT, LOSSESINCIDENTAL, AND CAUSES SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF ACTION (REVENUES, PROFITS OR DATA ARISING OUT OF PERFORMANCE UNDER THIS AGREEMENT, WHETHER IN CONTRACT OR IN TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS POSSIBILITY OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTSUCH DAMAGES. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event14.4 [**].

Limitations of Liability. 7.1 12.1 EXCEPT AS PROVIDED IN NO EVENT SHALL EITHER PARTY SECTION 12.4, NEITHER SDID NOR CT WILL BE LIABLE OR OBLIGATED IN ANY MANNER FOR ANY SPECIAL, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES UNDER ANY CAUSE OF ACTION AND EVEN IF INFORMED OF THE POSSIBILITY THEREOF IN CONNECTION WITH ADVANCE, ARISING OUT OF THIS AGREEMENT OR BY REASON OF BREACH OF THIS AGREEMENT. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF-O ANY LIMIT REMEDY HEREIN. 12.2 THE FOREGOING WARRANTIES ARE IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESSED OR IMPLIED, WRITTEN OR ORAL, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 12.3 SDID's AND CT'S LIMITATIONS OF LIABILITY SHALL NOT APPLY IN CASES OF GROSS NEGLIGENCE OR FRAUDULENT INTENT. 12.4 NOTHING IN THIS SECTION SHALL ALLOW CT TO [*] OR OTHERWISE [*] TO PURCHASE [*] AND [*] FROM SDID HEREUNDER OR TO AVOID OR LIMIT CT'S [*] FOR SDID'S DAMAGES ATTRIBUTABLE TO CT'S FAILURE TO MEET THIS OBLIGATION, UNLESS THAT FAILURE IS A RESULT OF A MATERIAL BREACH OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICESMORGANTON AGREEMENT DATED NOVEMBER 8, 2000 (SEE ATTACHMENT 7) AND DEVELOPMENT AND SUPPLY AGREEMENT DATED JUNE 1998 BY SDID WHICH IS NOT RECTIFIED BY SDID WITHIN A REASONABLE TIMEFRAME AS NOTED IN PARAGRAPH 13.3. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO THE EVENT SHALL EITHER PARTY OF ANY CLAIM, ACTION, SUIT, ARBITRATION OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF; TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, TRUSTCOR CA AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND SHAREHOLDERS WILL NOT BE LIABLE FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/SAVINGS, OR (iiiII) ANY INDIRECT OR CONSEQUENTIAL LOSSES, CLAIMS OR DAMAGES AS A BREACH RESULT OF SECTION 2.8, IN NO EVENT SHALL THE USE OR RELIANCE ON SUCH CERTIFICATE. TRUSTCOR CA'S TOTAL LIABILITY OF ONE PARTY TO THE OTHER FOR DAMAGES SUSTAINED BY SUBSCRIBER AND ANY THIRD PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT USE OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEEDRELIANCE ON A CERTIFICATE SHALL BE LIMITED, IN THE AGGREGATE, TO THE TOTAL FEES RECEIVED AMOUNT PAID BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN SUBSCRIBER FOR THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT CERTIFICATE GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIABILITY LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS PROVIDED IN THIS SECTION 11.2 SHALL BE THE SAME REGARDLESS OF: (I) THE NUMBER OF DIGITAL SIGNATURES, TRANSACTIONS, OR CLAIMS RELATED TO SUCH CERTIFICATE; (II) WHETHER SUCH LIABILITY ARISES FROM CONTRACT, INDEMNIFICATION, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE; AND (III) WHETHER TRUSTCOR CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. NOTWITHSTANDING THE FOREGOING, LIABILITY OF EITHER PARTY SHALL NOT BE LIMITED UNDER THIS SECTION 11.2 IN CASES OF PERSONAL INJURY OR DEATH ARISING FROM THE NEGLIGENCE OF THAT PARTY OR WITH RESPECT TO ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED BY APPLICABLE LAW (INCLUDING MANDATORY LAWS OF ANY APPLICABLE JURISDICTION). TO THE EXTENT SUCH JURISDICTIONS DO NOT ALLOW CERTAIN LIABILITY LIMITATIONS, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTYOU. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY WILL HTC OR ANY HTC SUPPLIER OR LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTALCONSEQUENTIAL, PUNITIVE, PUNITIVE OR CONSEQUENTIAL EXEMPLARY DAMAGES IN CONNECTION WITH THIS AGREEMENT, (INCLUDING WITHOUT LIMITATION LOSS OF REVENUE PROFITS, GOODWILL, ANTICIPATED SAVINGS, LOSS OR ANTICIPATED PROFITS CORRUPTION OF DATA OR LOST BUSINESS INTERRUPTION) ARISING OUT OF OR LOST SALES OR IN ANY OTHER MATTER RELATING WAY RELATED TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ THE SOFTWARE AND ENTERPRISE PORTAL, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF HTC AND ITS SUPPLIERS AND LICENSORS UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU PAID FOR YOUR AFFECTED VIVE DEVICE. THE SOFTWARE AND ENTERPRISE PORTAL WAS DESIGNED FOR SYSTEMS THAT DO NOT REQUIRE FAIL-SAFE PERFORMANCE. HTC IS NOT LIABLE FOR USE OF THE SPRINKLR SERVICESSOFTWARE OR ENTERPRISE PORTAL IN ANY DEVICE OR SYSTEM IN WHICH A MALFUNCTION WOULD RESULT IN FORESEEABLE RISK OF INJURY OR DEATH TO ANY PERSON. UNLESS THE FOLLOWING LIMITATION IS PROHIBITED BY APPLICABLE LAW, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY YOU AGREE THAT ANY DISPUTE MUST BE COMMENCED OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE FILED WITHIN ONE (121) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS YEAR OF THE BARGAIN BETWEEN DATE THE PARTIES. DISPUTE AROSE, OTHERWISE THE PARTIES AGREE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU WILL NO LONGER HAVE THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND RIGHT TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL ASSERT SUCH CLAIM REGARDING THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTDISPUTE). 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY SUPPLIER AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTDAMAGES, INCLUDING WITHOUT LIMITATION OR FOR ANY LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST REVENUE, BUSINESS INTERRUPTION, OR LOST SALES LOSS OF USE OR ANY GOODWILL, LOSS, CORRUPTION OR DELETION OF (OR FAILURE TO DELETE) DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES OR OTHER MATTER COVER. CUSTOMER IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH, THE CONTROL, OPERATION, AND USE OF CUSTOMER EQUIPMENT. SUPPLIER AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL HAVE NO LIABILITY ARISING FROM CYBERATTACKS OR UNAUTHORIZED INTRUSIONS. THE AGGREGATE LIABILITY OF SUPPLIER AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS ARISING OUT OF OR RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, ANY OFFERING WILL NOT EXCEED THE TOTAL FEES RECEIVED BY AMOUNTS PAID OR PAYABLE BY CUSTOMER TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT SUPPLIER FOR THE OFFERING(S) GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS IMMEDIATELY MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITYCLAIM. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE THESE LIMITATIONS OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREINSTRICT LIABILITY), AND THAT THE SAME FORM AN ESSENTIAL BASIS EVEN IF SUPPLIER AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS HAVE BEEN ADVISED OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS POSSIBILITY OF SUCH LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN OR IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTSUCH LIABILITY IS OTHERWISE FORESEEABLE. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY WILL BSI, OR ANY OF ITS LICENSORS, VENDORS, SUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING, BE LIABLE TO LICENSEE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIALCONSEQUENTIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL SPECIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR WHATSOEVER (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISEDAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE), ARISING FROM THIS AGREEMENT WHETHER FORESEEABLE OR AGENCY’S AND/UNFORESEEABLE, OR AGENCY’S CLIENTS’ USE FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, REGARDLESS OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN CLAIM AND EVEN IF BSI OR A BSI REPRESENTATIVE HAS BEEN ADVISED OF THE PARTIESPOSSIBILITY OF SUCH DAMAGE. BSI’S CUMULATIVE LIABILITY FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE PARTIES AGREE FORM OF THE ACTION, WILL BE LIMITED TO NO GREATER THAN THE AMOUNT OF MONEY PAID TO BSI FOR THE SOFTWARE THAT CAUSED THE DAMAGES. LICENSEE ACKNOWLEDGES THAT THE LIMITATIONS LICENSE AND EXCLUSIONS OTHER FEES PAYABLE BY LICENSEE TO BSI HEREUNDER REFLECT THE ALLOCATION OF LIABILITY AND DISCLAIMERS SPECIFIED RISK SET FORTH IN THIS EXHIBIT A AND THAT BSI WOULD NOT ENTER INTO THE STANDARD AGREEMENT WILL SURVIVE AND WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THESE LIABILITY LIMITATIONS APPLY EVEN IF FOUND TO HAVE FAILED CONTRACTUAL REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. IN ADDITION, BSI DISCLAIMS ALL LIABILITY OF ANY KIND OF BSI’S LICENSORS, VENDORS, AND SUPPLIERS. NO EVENT SHALL ACTION MAY BE BROUGHT AGAINST BSI LATER THAN ONE YEAR FROM THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR COMMENCEMENT OF THE SPRINKLR SERVICES UNDER THIS STANDARD AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECTTHE LIABILITY OF MEDAVISE AND MEDAVISE PERSONNEL, SPECIALAGENTS, INCIDENTALAFFILIATES, PUNITIVESUBCONTRACTORS AND LICENSORS TO CUSTOMER AND CUSTOMER’S PERSONNEL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH AGENTS, AFFILIATES, SUBCONTRACTORS AND CUSTOMERS ARISING OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AGREEMENT AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT THE SERVICES AND PRODUCTS PROVIDED TO CUSTOMER HEREUNDER SHALL THE TOTAL LIABILITY OF ONE PARTY BE LIMITED TO THE OTHER PARTY FOR ANY DIRECT DAMAGES AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT SHALL NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNT OF THE SERVICE FEES RECEIVED PAID BY OR PAYABLE CUSTOMER TO SPRINKLR FROM AGENCY MEDAVISE UNDER THIS AGREEMENT IN DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF DATE ON WHICH SUCH LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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 PURPOSEAROSE. IN NO EVENT SHALL MEDAVISE OR MEDAVISE’s PERSONNEL, AGENTS, AFFILIATES, SUBCONTRACTORS AND LICENSORS BE LIABLE FOR THIRD PARTY CONTENT THAT GETS UPLOADED OR INCORPORTATED IN ANY WAY INTO DEVELOPMENT TOOLS SOLUTION OR YOUR WEBSITE AND WHICH FAILS TO MEET GUIDELINES OR VIOLATES THE LIMITATIONS AMERICANS WITH DISABILITIES ACT, §§504, or 508 OF THE REHIBILITATION ACT OF 1973 et seq. OR ANY STATE LAWS REGARDING DISABILITY ACCOMODATIONS, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR MISSED SAVINGS) SUFFERED BY CUSTOMER, CUSTOMER’s PERSONNEL, AGENTS, AFFILIATES, SUBCONTRACTORS OR END-USER, EVEN IF MEDAVISE HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL A CAUSE OF ACTION BE ASSERTED BY ONE PARTY AGAINST THE OTHER PARTY PURSUANT TO THIS SECTION AGREEMENT MORE THAN TWO (2) YEARS AFTER SUCH CAUSE OF ACTION AROSE; PROVIDED, HOWEVER, THAT SUCH LIMITATION SHALL NOT APPLY TO FEES DUE INFRINGEMENT OF MEDAVISE’s INTELLECTUAL PROPERTY, BREACHES BY CUSTOMER OF MEDAVISE’s INTELLECTUAL PROPERTY RIGHTS OR CUSTOMER’S DUTY OF CONFIDENTIALITY TO MEDAVISE HEREUNDER. PROVIDER SHALL INDEMNIFY MEDAVISE AND HOLD IT HARMLESS FOR THE SPRINKLR SERVICES ERRORS AND OMISSIONS, FAILURE TO ABIDE BY LAW, OR FAILURE OF ITS CONTRACTUAL DUTIES UNDER THIS AGREEMENTAGREEMENT BY PROVIDER OR ITS THIRD- PARTY BILLING SERVICES PROVIDER. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT6.1. THE DATTO PRODUCT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE ANY THIRD PARTY COMPONENTS OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TECHNOLOGY, ARE PROVIDED “AS IS.” TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR DATTO DISCLAIMS ANY AND ALL DAMAGESPROMISES, LOSSESREPRESENTATIONS AND WARRANTIES, AND CAUSES OF ACTION (WHETHER IN CONTRACT EITHER EXPRESS OR TORTIMPLIED, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE)THE IMPLIED WARRANTIES OF MERCHANTABILITY, ARISING FROM THIS AGREEMENT OR AGENCY’S FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY, DATA SECURITY, QUIET ENJOYMENT, TITLE, AND/OR AGENCYNON-INFRINGEMENT OR ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. ▇▇▇▇▇ DOES NOT WARRANT THAT THE PRODUCT WILL MEET ANY SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF ANY PRODUCT WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. 6.2. DATTO MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCT’S CLIENTS’ COMPLIANCE WITH LAWS AND REGULATIONS SPECIFICALLY APPLICABLE TO ANY USER OR INDUSTRY AND DISCLAIMS ALL LIABILITY ASSOCIATED THEREWITH. 6.3. THE PRODUCT MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER RISKS INHERENT IN THE USE OF THE SPRINKLR SERVICESINTERNET AND ELECTRONIC COMMUNICATIONS. ▇▇▇▇▇ IS NOT RESPONSIBLE FOR ANY DELAYS, EXCEEDDELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. 6.4. ▇▇▇▇▇ DISCLAIMS ANY DUTIES OF A BAILEE, AND YOU HEREBY WAIVE ALL RIGHTS AND REMEDIES OF A ▇▇▇▇▇▇ (ARISING UNDER COMMON LAW OR STATUTE), RELATED TO OR ARISING OUT OF ANY POSSESSION, STORAGE, TRANSMISSION OR SHIPMENT OF CONTENT BY OR ON BEHALF OF ▇▇▇▇▇. 6.5. TO THE FULLEST EXTENT ALLOWED BY LAW, IN THE AGGREGATENO EVENT WILL DATTO OR ANY DATTO LICENSOR OR SUPPLIER BE LIABLE FOR ANY DIRECT, THE TOTAL FEES RECEIVED BY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND PUNITIVE DAMAGES SET FORTH HEREINOR COSTS, AND THAT THE SAME FORM AN ESSENTIAL BASIS REGARDLESS OF THE BARGAIN BETWEEN NATURE OF THE PARTIES. CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUES, COSTS OF DELAY, FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR THE PARTIES AGREE THAT COST OF RECREATING THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY SAME, EVEN IF FOUND TO HAVE FAILED DATTO HAS BEEN ADVISED OF THEIR ESSENTIAL PURPOSETHE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE WILL DATTO BE LIABLE FOR THE SPRINKLR PROCUREMENT OF SUBSTITUTE SERVICES UNDER THIS AGREEMENTOR PRODUCTS. 7.3 Neither party 6.6. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ▇▇▇▇▇, ANY RESELLER, ADMINISTRATOR OR OTHER PARTY WILL CREATE ANY ADDITIONAL DATTO WARRANTIES, ABROGATE THE DISCLAIMERS SET FORTH ABOVE OR IN ANY WAY INCREASE THE SCOPE OF DATTO’S OBLIGATIONS HEREUNDER. EXHIBIT A to Content Owner Terms TERMS AND CONDITIONS REGARDINIG USE OF STORAGECRAFT SOFTWARE: This document concerns your use of StorageCraft Technology ("StorageCraft") software provide to you by (hereinafter referred to as "Company"). Company will be liable provide software services to you as described below, which may include associated media, printed materials, and "online" or electronic documentation, including certain StorageCraft software products that it offers on an MSP basis, including without limitation ShadowSnap® (individually and collectively, the "Licensed Software"). Company does not own the Licensed Software and its use is subject to certain rights and limitations of which Company needs to inform you. Your right to use the Licensed Software is subject to your customer service agreement ("agreement") with Company and your compliance with and consent to the other for any failure following terms and conditions, which Company does not have authority to perform, alter or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Eventamend.

Limitations of Liability. 7.1 13.1 EXCEPT AS PROVIDED IN NO EVENT SHALL EITHER PARTY THIS SECTION 13, NEITHER SDAD NOR CT WILL BE LIABLE OR OBLIGATED IN ANY MANNER FOR ANY SPECIAL, INDIRECT, SPECIALINCIDENTAL, INCIDENTALEXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR UNDER ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES CAUSE OF ACTION (WHETHER AND EVEN IF INFORMED OF THE POSSIBILITY THEREOF IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE)ADVANCE, ARISING FROM OUT OF THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE BY REASON OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER BREACH OF THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITYAGREEMENT. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY. 13.2 SDAD'S AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE CT'S LIMITATIONS OF LIABILITY AND THE DISCLAIMERS DAMAGES IN THIS SECTION 13 WILL NOT APPLY IN CASES OF WARRANTIES AND DAMAGES SET FORTH HEREINGROSS NEGLIGENCE OR FRAUDULENT INTENT, AND THAT THE SAME FORM AN ESSENTIAL BASIS OR TO CLAIMS BY EITHER PARTY FOR MISAPPROPRIATION OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS ITS CONFIDENTIAL INFORMATION OR INFRINGEMENT OF LIABILITY AND DISCLAIMERS SPECIFIED SUCH PARTY'S INTELLECTUAL PROPERTY RIGHTS, OR [*]. 13.3 NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY, SDAD WILL SURVIVE AND APPLY EVEN IF FOUND HAVE NO OBLIGATION OR RESPONSIBILITY WHATSOEVER WITH RESPECT TO HAVE FAILED ANY THIRD PARTY SUPPLIER ENGAGED BY CT TO PERFORM FINAL ASSEMBLY OR TO PROVIDE [*] UNITS OR OTHER COMPONENTS OR ANY ASPECT OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL ANY RATE SENSOR PRODUCT ABOVE THE LIMITATIONS LEVEL OF THE PRODUCT SUPPLIED BY SDAD. 13.4 NOTHING IN THIS SECTION APPLY SHALL ALLOW CT TO FEES DUE FOR THE SPRINKLR SERVICES [*] OR OTHERWISE [*] TO PURCHASE [*] OF RATE SENSOR PRODUCTS FROM SDAD UNDER THIS AGREEMENTAGREEMENT OR THE EXISTING SUPPLY AGREEMENTS HEREUNDER OR TO AVOID OR LIMIT CT'S LIABILITY FOR SDAD'S DAMAGES ATTRIBUTABLE TO CT'S FAILURE TO MEET THIS OBLIGATION, UNLESS THAT FAILURE IS A RESULT OF A MATERIAL BREACH BY SDAD OF THIS AGREEMENT OR THE EXISTING SUPPLY AGREEMENT WHICH IS NOT CURED BY SDAD WITHIN [*] DAYS AFTER CT NOTIFIES SDAD OF THE BREACH IN WRITING. CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event13.5 THE PARTIES ACKNOWLEDGE THAT THE PRICES CHARGED BY SDAD FOR PRODUCTS REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT NEITHER PARTY WOULD ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY ▇▇▇▇▇▇▇▇▇.▇▇▇, LLC BE LIABLE TO CLIENT, USERS OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, PUNITIVE OR CONSEQUENTIAL NONCONTRACTUAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS PROFITS ARISING OUT OF OR LOST SALES RELATED TO THIS AGREEMENT OR ANY OTHER MATTER RELATING SERVICES, . ▇▇▇▇▇▇▇▇▇.▇▇▇, LLC’S LIABILITY, IF ANY, TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE CLIENT OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, TO ANY THIRD PARTY HEREUNDER SHALL IN NO EVENT SHALL EXCEED THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGESAFTER TAX PROFITS EARNED BY ▇▇▇▇▇▇▇▇▇.▇▇▇, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY LLC UNDER THIS AGREEMENT IN THE LAST TWELVE (12) MONTHS IMMEDIATELY PRECEDING MONTHS. THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES PARTIES ACKNOWLEDGE THAT SPRINKLR ▇▇▇▇▇▇▇▇▇.▇▇▇, LLC HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS LIMITATION AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL ▇▇▇▇▇▇▇▇▇.▇▇▇, LLC BE LIABLE FOR FAILURE OR DELAY IN PERFORMING ITS OBLIGATIONS HEREUNDER IF SUCH FAILURE OR DELAY IS DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF ANY GOVERNMENTAL BODY, WAR, INSURRECTION, SABOTAGE, EMBARGO, FIRE, FLOOD, STRIKE OR OTHER LABOR DISTURBANCE, INTERRUPTION OF OR DELAY IN TRANSPORTATION, UNAVAILABILITY OF OR DELAY IN TELECOMMUNICATIONS OR THIRD PARTY SERVICES, FAILURE OF THIRD PARTY SOFTWARE OR INABILITY TO OBTAIN RAW MATERIALS, SUPPLIES, OR POWER USED IN OR EQUIPMENT NEEDED FOR PROVISION OF THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTSERVICES. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO ▇▇.▇. ▇▇ THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EACH PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS SAAS AGREEMENT EXCEED THE TOTAL LIABILITY AMOUNT OF ONE PARTY FEES PAID OR PAYABLE BY CUSTOMER UNDER THE ORDER GIVING RISE TO THE OTHER PARTY CLAIM FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATION SHALL APPLY WHETHER AN ACTION IS IN CONTRACT, TORT, OR OTHERWISE AND REGARDLESS OF THE THEORY OF LIABILITY. (a) NOTWITHSTANDING THE LIMITATIONS SET FORTH IN SECTION 11.1, NEITHER PARTY EXCLUDES OR LIMITS ITS LIABILITY FOR: (i) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 10 (INDEMNIFICATION); (ii) DAMAGES RESULTING FROM EITHER PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD; (iii) DAMAGES RESULTING FROM EITHER PARTY’S BREACH OF SECTION 8 (CONFIDENTIALITY); OR (iv) CUSTOMER’S PAYMENT OBLIGATIONS. ▇▇.▇. AGENCY ACKNOWLEDGES ▇▇ THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING (BY WAY OF EXAMPLE AND NOT AN EXHAUSTIVE LIST), LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF USE, OR OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS SAAS AGREEMENT, HOWEVER CAUSED AND WHETHER IN CONTRACT, TORT, OR OTHERWISE AND REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE IMMEDIATELY PRECEDING SENTENCE, THE FOLLOWING SHALL BE EXCLUDED FROM THE LIMITATIONS SET FORTH IN THIS SECTION 11.2: (A) DAMAGES RESULTING FROM EITHER PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD; AND (B) DAMAGES RESULTING FROM EITHER PARTY’S BREACH OF SECTION 8 (CONFIDENTIALITY). 11.3. THE LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES STATED HEREIN WILL APPLY REGARDLESS OF THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. BOTH PARTIES HEREUNDER SPECIFICALLY ACKNOWLEDGE THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES STATED HEREIN ARE REFLECTED IN THE DISCLAIMERS OF WARRANTIES PRICING AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE BUT FOR SUCH LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND EXCLUSIONS, SAILPOINT WOULD NOT HAVE MADE THE SERVICES AVAILABLE TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTCUSTOMER. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN 17.1 CATALENT SHALL HAVE NO EVENT SHALL EITHER PARTY BE LIABLE LIABILITY UNDER THIS AGREEMENT FOR ANY INDIRECTAND ALL CLAIMS FOR LOST, SPECIALDAMAGED OR DESTROYED API OR OTHER CLIENT SUPPLIED MATERIALS, INCIDENTALWHETHER OR NOT SUCH API OR CLIENT-SUPPLIED MATERIALS ARE INCORPORATED INTO PRODUCT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING EXCEPT TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S EXTENT ANY SUCH LOSS ARISES FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; MISCONDUCT OF CATALENT. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN SECTION 3.6, THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CATALENT’S LIABILITY OF UP TO [**] DOLLARS (ii$[**]) FOR LOSS OR DAMAGE TO API PER BATCH IN PROCESS PER EVENT, TO THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/EXTENT ANY OF SUCH LOSS OR (iii) A DAMAGE ARISES FROM THE NEGLIGENCE OF CATALENT, PROVIDED THAT NORMAL API YIELD LOSS DURING PROCESSING SHALL NOT CONSTITUTE NEGLIGENCE OR BREACH OF SECTION 2.8, THE AGREEMENT BY CATALENT. 17.2 CATALENT’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL IN NO EVENT SHALL EXCEED THE TOTAL FEES PAID BY CLIENT TO CATALENT UNDER THIS AGREEMENT FOR THE BATCH OR SERVICES GIVING RISE TO THE CLAIM EXCEPT TO THE EXTENT ANY SUCH LOSS ARISES FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF CATALENT AND EXCEPT FOR THIRD PARTY DAMAGES FOR BODILY INJURY OR DEATH CAUSED BY THE NEGLIGENCE OF CATALENT. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CATALENT’S LIABILITY OF ONE UP TO [**] DOLLARS ($[**]) FOR LOSS OR DAMAGE TO API PER BATCH IN PROCESS PER EVENT, TO THE EXTENT ANY OF SUCH LOSS OR DAMAGE ARISES FROM THE NEGLIGENCE OF CATALENT, PROVIDED THAT NORMAL API YIELD LOSS DURING PROCESSING SHALL NOT CONSTITUTE NEGLIGENCE OR BREACH OF THE AGREEMENT BY CATALENT. 17.3 NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY AND ALL DAMAGESINDIRECT, LOSSESINCIDENTAL, AND CAUSES SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF ACTION (REVENUES, PROFITS OR DATA ARISING OUT OF PERFORMANCE UNDER THIS AGREEMENT, WHETHER IN CONTRACT OR IN TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITYPOSSIBILITY OF SUCH DAMAGES. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES[**] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable Confidential treatment has been requested with respect to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Eventomitted portions.

Limitations of Liability. 7.1 13.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES FOR LOST PROFITS OR ANY INDIRECTSPECIAL, SPECIALCONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTINDIRECT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER SIMILAR TYPE OF DAMAGES OF THE OTHER PARTY OR ITS RELATED INDEMNIFIED PARTIES (INCLUDING ANY LOST PROFITS, DAMAGES FOR LOST BUSINESS OPPORTUNITY, OR ANY LOST REVENUES RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR PERFORMANCE OF THIS AGREEMENT) WHETHER SUCH LIABILITY IS IN CONTRACT, TORT (i) EITHER PARTY’S GROSS INCLUDING NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8STATUTORY DUTY) OR OTHERWISE, WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR WHETHER, IN ANY PARTICULAR SET OF CIRCUMSTANCES, SUCH DAMAGES ARE REASONABLY FORESEEABLE. THE FOREGOING WAIVER SHALL IN NO EVENT SHALL THE TOTAL LIMIT A PARTY’S INDEMNITY OBLIGATIONS HEREUNDER. 13.2 EXCEPT WITH RESPECT TO SUPPLIER’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR SUPPLIER’S LIABILITY OF ONE TO CUSTOMER FOR LOSSES RESULTING FROM THIRD PARTY CLAIMS PURSUANT TO THE OTHER PARTY FOR ANY AND ALL DAMAGESSUPPLIER’S INDEMNIFICATION OBLIGATIONS SET FORTH IN ARTICLE 10, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM SUPPLIER’S AGGREGATE LIABILITY UNDER THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, SHALL IN THE AGGREGATE, NO EVENT EXCEED THE TOTAL FEES RECEIVED PAID BY OR PAYABLE CUSTOMER TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN SUPPLIER FOR THE TWELVE (12BATCH(ES) MONTHS IMMEDIATELY PRECEDING THE EVENT OF API GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREINSUCH LIABILITIES, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTCLAIMS OR OBLIGATIONS. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT(a) Contractor makes no warranty or agreement, SPECIALexpress or implied, INCIDENTALto or for the benefit of any person or entity other than Customer concerning the performance of the Satellites or any other matters relating to the Work. (b) THE PARTIES TO THIS CONTRACT EXPRESSLY RECOGNIZE THAT COMMERCIAL SPACE VENTURES INVOLVE SUBSTANTIAL RISKS AND RECOGNIZE THE COMMERCIAL NEED TO DEFINE, PUNITIVEAPPORTION, OR CONSEQUENTIAL DAMAGES IN CONNECTION AND LIMIT CONTRACTUALLY ALL THE RISKS ASSOCIATED WITH THIS AGREEMENTCOMMERCIAL SPACE VENTURE. THE PAYMENTS AND OTHER REMEDIES EXPRESSLY SET FORTH IN THIS CONTRACT FULLY REFLECT THE PARTIES' NEGOTIATIONS, INTENTIONS, AND BARGAINED-FOR ALLOCATION OF THE RISKS ASSOCIATED WITH COMMERCIAL SPACE VENTURES. (c) THE WARRANTY OBLIGATIONS OF CONTRACTOR AND THE REMEDIES AGAINST CONTRACTOR THEREFOR THAT ARE EXPRESSLY SET FORTH OR REFERENCED IN ARTICLE 18 (CONTRACTOR'S REPRESENTATIONS, COVENANTS, AND WARRANTIES) ARE EXCLUSIVE AND ARE IN SUBSTITUTION OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED (INCLUDING ANY STATUTORY WARRANTIES SUCH AS IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), WHICH ARE EXPRESSLY DISCLAIMED. (d) CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES, AND CONTRACTOR'S SOLE OBLIGATIONS FOR (I) ANY BREACH OF THIS CONTRACT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE DELAY OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONSDEFAULT; AND/OR (iiiII) A ANY DEFECT, NON-CONFORMANCE OR DEFICIENCY IN ANY WORK UNDER THIS CONTRACT OR IN ANY INFORMATION, INSTRUCTIONS, SERVICES, OR OTHER CLAIMS WHATSOEVER ARISING OUT OF OR RELATING TO THIS CONTRACT AND/OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER DENOMINATED AS CONTRACT, TORT, EQUITABLE, STATUTORY, OR ANY OTHER TYPE OF CLAIM) ARE LIMITED TO THOSE SET FORTH IN ARTICLES 10 (LIQUIDATED DAMAGES FOR LATE DELIVERY), 12 (IN-ORBIT PERFORMANCE INCENTIVE PAYMENTS), 18 (CONTRACTOR'S REPRESENTATIONS, COVENANTS, AND WARRANTIES), 21 (INTELLECTUAL PROPERTY INFRINGEMENT INDEMNIFICATION), 24 (INDEMNIFICATION), 25 (INSURANCE), AND 32 (TERMINATION) HEREOF AND ANY OTHER REMEDIES SPECIFICALLY SET FORTH IN THIS CONTRACT; AND ALL OTHER REMEDIES OR RECOURSE AGAINST CONTRACTOR OF ANY KIND ARE EXPRESSLY DISCLAIMED AND FOREVER WAIVED BY CUSTOMER. (e) CONTRACTOR SHALL NOT, UNDER ANY CIRCUMSTANCES, UNDER ANY WARRANTY (EXPRESS, IMPLIED, OR STATUTORY) OR UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE, TORT, STRICT LIABILITY, CONTRACT, OR OTHER LEGAL OR EQUITABLE THEORY) HAVE ANY LIABILITY TO CUSTOMER OR CUSTOMER'S CUSTOMERS FOR ANY SPECIAL, CONSEQUENTIAL, AND/OR INCIDENTAL DAMAGES, WHETHER OR NOT FORESEEABLE, INCLUDING LOST REVENUES OR PROFITS, COST OF CAPITAL, OR ANY OTHER FORM OF ECONOMIC LOSS RESULTING FROM ANY BREACH OF SECTION 2.8THIS CONTRACT OR WITH RESPECT TO ANY DEFECT, NON-CONFORMANCE, OR DEFICIENCY IN NO EVENT SHALL ANY INFORMATION, INSTRUCTIONS, SERVICES, OR OTHER THINGS PROVIDED PURSUANT TO THIS CONTRACT. (f) THE TOTAL LIABILITY OF ONE PARTY CONTRACTOR WITH RESPECT TO THE OTHER PARTY ALL CLAIMS OF ANY KIND, INCLUDING WITHOUT LIMITATION LIQUIDATED DAMAGES, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, STRICT LIABILITY OR OTHERWISE, AND WHETHER ARISING BEFORE OR AFTER DELIVERY OF ANY DELIVERABLE ITEM, FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), LOSS ARISING FROM OR RELATING TO THIS AGREEMENT CONTRACT, OR AGENCY’S AND/FROM THE PERFORMANCE OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICESBREACH THEREOF, SHALL NOT EXCEED, EXCEPT AS OTHERWISE SET FORTH IN THE AGGREGATETHIS CONTRACT, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN CONTRACT PRICE. NOTWITHSTANDING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON FOREGOING, THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREININ THIS CONTRACT SHALL NOT APPLY TO CONTRACTOR, ITS AFFILIATES, ASSOCIATES, AND THAT SUBCONTRACTORS TO THE SAME FORM AN ESSENTIAL BASIS EXTENT A CLAIM OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS ANY KIND RELATED TO OR ARISING OUT OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTCONTRACT IS COVERED BY INSURANCE MAINTAINED BY CONTRACTOR, ITS AFFILIATES, ASSOCIATES OR SUBCONTRACTORS. 7.3 Neither party will be liable (g) The limitations of liability set forth herein shall also apply to all Affiliates, Associates, and Subcontractors of Contractor to the same extent as set forth herein with respect to Contractor. (h) Each Party shall have a duty to mitigate damages for which the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.Party is responsible. 91

Limitations of Liability. 7.1 6.1 NEITHER PARTY NOR ANY OF ITS AFFILIATES (AND IN NO EVENT THE CASE OF HYLAND, ITS SUPPLIERS) SHALL EITHER PARTY BE LIABLE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH DAMAGES, OR ANY LOSS OF REVENUE, GOODWILL, SAVINGS OR PROFITS (EXCLUDING FEES DUE UNDER THIS AGREEMENT), INCLUDING WITHOUT LIMITATION LOSS OR CORRUPTION OF REVENUE DATA OR ANTICIPATED PROFITS PROGRAMS, COSTS OF REPLACEMENT OR LOST THE REMEDY OF COVER, OR BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO INTERRUPTION DAMAGES, EVEN IF ADVISED OF THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH POSSIBILITY OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL SUCH DAMAGES, LOSSES, EXPENSES OR COSTS. 6.2 ▇▇▇▇▇▇’▇ (INCLUDING ITS AFFILIATES AND CAUSES SUPPLIERS) TOTAL, CUMULATIVE LIABILITY ARISING OUT OF ACTION (OR RELATED TO THIS AGREEMENT OR THE PRODUCTS OR SERVICES PROVIDED UNDER IT, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISETORT (INCLUDING NEGLIGENCE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/ANY OTHER LEGAL OR AGENCY’S CLIENTS’ EQUITABLE THEORY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNTS ACTUALLY PAID TO HYLAND BY CUSTOMER (LESS ANY REFUNDS OR CREDITS) FOR THE USE OF THE SPRINKLR SERVICES, EXCEED, IN PRODUCTS OR PROVISION OF THE AGGREGATE, SERVICES GIVING RISE TO THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN CLAIM DURING THE TWELVE (12) MONTHS MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO SUCH CLAIM. WITH RESPECT TO ANY PRODUCTS OR SERVICES PROVIDED TO CUSTOMER FREE OF CHARGE (SUCH AS EVALUATION SOFTWARE OR SERVICES), NEITHER HYLAND NOR ANY OF ITS AFFILIATES OR SUPPLIERS WILL BE LIABLE FOR DIRECT DAMAGES. 6.3 THE LIABILITY. AGENCY LIMITATIONS IN SECTIONS 6.1 AND 6.2 SHALL NOT APPLY: (1) TO THE EXTENT SUCH LIMITATIONS ARE PROHIBITED BY LAW, (2) PAYMENTS TO A THIRD PARTY ARISING FROM ▇▇▇▇▇▇’▇ INDEMNIFICATION OBLIGATION FOR INTELLECTUAL PROPERTY INFRINGEMENT; OR (3) TO ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF CUSTOMER’S OR CONTRACTOR’SPROHIBITED ACTS. 6.4 IF CUSTOMER USES THE SOFTWARE, HYLAND CLOUD SERVICE, OR ADD-ON SERVICES IN A CLINICAL SETTING, CUSTOMER ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES THE SOFTWARE, HYLAND CLOUD SERVICES AND ENTERED INTO THIS AGREEMENT ADD-ON SERVICES DO NOT OFFER MEDICAL INTERPRETATIONS OF DATA, DIAGNOSE PATIENTS, OR RECOMMEND THERAPY OR TREATMENT; THE SOFTWARE, HYLAND CLOUD SERVICE AND ADD-ON SERVICES ARE AN INFORMATION RESOURCE AND IS NOT A SUBSTITUTE FOR THE SKILL, JUDGMENT AND KNOWLEDGE OF CUSTOMER’S USERS OF THE SOFTWARE, HYLAND CLOUD SERVICE OR ADD-ON SERVICES IN RELIANCE UPON THE PROVISION OF HEALTHCARE SERVICES. IN ADDITION TO THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH PROVIDED HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS HYLAND SHALL NOT HAVE ANY LIABILITY FOR ANY ASPECT OF HEALTHCARE SERVICES PROVIDED BY CUSTOMER IN CONJUNCTION WITH ITS USE OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTSOFTWARE, HYLAND CLOUD SERVICE OR ADD-ON SERVICES. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 EXCEPT AS SET FORTH IN SECTION 10.2 BELOW, TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT: (I) IN NO EVENT SHALL WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF DATA, ANY INTERRUPTION OF BUSINESS, OR FOR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVEEXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES AGREEMENT OR ANY OTHER MATTER RELATING ORDER FORMS HEREUNDER WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; (II) SUBJECT TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (iSECTION 10.1(III) EITHER BELOW, EACH PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIESAND ITS AFFILIATES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT ORDER FORMS HEREUNDER WILL NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, EXCEED THE TOTAL FEES RECEIVED BY AMOUNT PAID OR PAYABLE TO SPRINKLR FROM AGENCY CLOUDERA UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE PRIOR TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ACCRUAL OF THE FIRST CLAIM (THE “GENERAL LIABILITY CAP”); (III) IN THE CASE OF CLAIMS ARISING OUT OF A PARTY’S BREACH OF SECTION 2.5 (DATA SECURITY) OR SECTION 7 (CONFIDENTIALITY), WHERE SUCH BREACH RESULTS IN UNAUTHORIZED DISCLOSURE OF CUSTOMER DATA, EACH PARTY’S AND ITS PRICES AFFILIATES’ TOTAL AGGREGATE LIABILITY TO THE OTHER PARTY AND ENTERED INTO ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT AND ALL ORDER FORMS HEREUNDER WILL NOT EXCEED TWO TIMES THE TOTAL AMOUNT PAID OR PAYABLE TO CLOUDERA UNDER THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS ACCRUAL OF THE BARGAIN BETWEEN FIRST CLAIM (THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF “DATA PROTECTION LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. CAP”); AND (IV) IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR THE SPRINKLR SERVICES SAME EVENT UNDER THIS AGREEMENTBOTH THE GENERAL LIABILITY CAP AND THE DATA PROTECTION CLAIMS CAP. THESE CAPS ARE NOT CUMULATIVE. IF A PARTY HAS ONE OR MORE CLAIMS SUBJECT TO EACH OF THESE CAPS, THE OTHER PARTY’S MAXIMUM TOTAL LIABILITY FOR ALL SUCH CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE DATA PROTECTION LIABILITY CAP. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 (a) EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF NEUROBO’S OBLIGATIONS UNDER SECTION 2.8‎4 AND A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION ‎12, IN NO EVENT SHALL WILL ANY Party be liable for any consequential, SPECIAL, or PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR BUSINESS INTERRUPTION ARISING FROM OR RELATING TO THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF THE TOTAL LIABILITY PARTY HAS BEEN ADVISED OF ONE PARTY THE POSSIBILITY OF SUCH DAMAGES OR OTHER TYPE OF LOSS. (b) EXCEPT FOR A BREACH OF NEUROBO’S OBLIGATIONS UNDER SECTION ‎4 AND A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION ‎12, TO THE OTHER PARTY FOR ANY AND ALL DAMAGESMAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCYEACH PARTY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY ENTIRE AGGREGATE LIABILITY UNDER THIS AGREEMENT IN SHALL NOT EXCEED THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREINAGGREGATE AMOUNT PAID, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES PAYABLE, DUE FOR THE SPRINKLR SERVICES OR OWING UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform(c) EACH PARTY ACKNOWLEDGES THAT THE LIMITATIONS OF SECTION ‎13 REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT NEITHER PARTY WOULD ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS RESPECTIVE LIABILITY, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure EventAND EACH PARTY AGREES THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Limitations of Liability. 7.1 IN NO EVENT SHALL EITHER PARTY WILL FOUNDATION (INCLUDING ITS SUBSIDIARIES, ITS PARENT AND SUBSIDIARIES OF ITS PARENT, ITS SERVICE PROVIDERS AND LICENSORS, AND THE EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS THEREOF) BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL PUNITIVE DAMAGES UNDER THIS AGREEMENT OR IN CONNECTION WITH THIS AGREEMENTANY SERVICES PROVIDED BY FOUNDATION HEREUNDER, INCLUDING WITHOUT LIMITATION LIMITATION, DAMAGES FOR DISTRICT'S MISUSE OF THE CALIFORNIA COLLEGES WEBSITE, LOSS OF REVENUE BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANTICIPATED PROFITS OTHER PECUNIARY LOSS ARISING OUT OF THE USE OR LOST BUSINESS OR LOST SALES INABILITY TO USE THE SERVICES, DATA OR ANY OTHER MATTER RELATING OUTPUT, EVEN IF FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF AVAILABLE REMEDIES ARE FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THE SPRINKLR SERVICES. 7.2 EXCEPT TOTAL LIABILITY, IF ANY, OF FOUNDATION (INCLUDING ITS SUBSIDIARIES, ITS PARENT AND SUBSIDIARIES OF ITS PARENT, ITS SERVICE PROVIDERS AND LICENSORS, AND THE EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS THEREOF) IN THE AGGREGATE OVER THE TERM OF THIS AGREEMENT SAMPLE FOR (i) EITHER PARTY’S GROSS NEGLIGENCE ALL CLAIMS, CAUSES OF ACTION OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; LIABILITY WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE ARISING UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT AND/OR THE SERVICES PROVIDED HEREUNDER (iii) A BREACH OF SECTION 2.8COLLECTIVELY, IN NO EVENT “CLAIMS’), SHALL THE TOTAL LIABILITY OF ONE PARTY BE LIMITED TO THE OTHER PARTY FOR ANY AND ALL DISTRICT’S DIRECT DAMAGES, LOSSESACTUALLY INCURRED. NOTWITHSTANDING THE FOREGOING, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCYFOUNDATION’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, SOLE OBLIGATION IN THE AGGREGATE, EVENT OF AN ERROR BY FOUNDATION IN THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY PERFORMANCE OF ANY SERVICES UNDER THIS AGREEMENT IN SHALL BE LIMITED TO REPROCESSING APPLICABLE DATA OR REPERFORMING THE TWELVE SERVICES. FOUNDATION (12INCLUDING ITS SUBSIDIARIES, ITS PARENT AND SUBSIDIARIES OF ITS PARENT, ITS SERVICE PROVIDERS AND LICENSORS, AND THE EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS THEREOF) MONTHS IMMEDIATELY PRECEDING SHALL HAVE NO LIABILITY, EXPRESS OR IMPLIED, WHETHER ARISING UNDER CONTRACT, TORT OR OTHERWISE, FOR ANY CLAIM OR DEMAND: (A) RESULTING DIRECTLY OR INDIRECTLY FROM FOUNDATION’S INTERNAL OPERATIONS, EQUIPMENT, SYSTEMS OR SOFTWARE OWNED OR LICENSED BY FOUNDATION; OR (B) BY THIRD PARTIES, EVEN IF FOUNDATION WAS ADVISED OF THE EVENT GIVING RISE TO THE LIABILITYPOSSIBILITY OF SUCH CLAIMS OR DEMANDS, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN. AGENCY DISTRICT ACKNOWLEDGES THAT SPRINKLR FOUNDATION HAS SET ITS PRICES FEES, IF ANY, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREININ THIS AGREEMENT, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 EXCEPT WITH RESPECT TO MARKETSPARK’S OBLIGATIONS OF INDEMNIFICATION PURSUANT TO SECTION 8, A BREACH OF THE OBLIGATIONS OF CONFIDENTIALITY UNDER SECTION 10, OR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY, IN NO EVENT WHATSOEVER SHALL EITHER PARTY MARKETSPARK OR ITS AUTHORIZED RESELLERS BE LIABLE UNDER ANY CAUSES OF ACTION FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTALCONSEQUENTIAL, PUNITIVEEXEMPLARY OR PUNITIVE DAMAGES, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTOTHER SIMILAR TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO DAMAGES BASED UPON LOSS OF REVENUE DATA, LOSS OF PROFITS, AND/OR ANTICIPATED PROFITS LOSS OF BUSINESS, OR LOST BUSINESS LOSS, DAMAGE, OR LOST SALES DESTRUCTION OF ANY PROPERTY, WHETHER CUSTOMER, CUSTOMER’S PERMITTED ASSIGNEE, OR ANY OTHER MATTER RELATING TRANSFEREE SUFFER THAT LOSS OR DAMAGE, ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, WHETHER UNDER CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION AND WHETHER OR NOT MARKETSPARK OR ITS AUTHORIZED RESELLERS ARE INFORMED, KNEW OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE, UNLESS SUCH DAMAGES ARE DUE TO THE SPRINKLR SERVICES. 7.2 WILLFUL MISCONDUCT OF MARKETSPARK. EXCEPT FOR (i) EITHER PARTYWITH RESPECT TO MARKETSPARK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ OBLIGATIONS OF INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF PURSUANT TO SECTION 2.88, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY MARKETSPARK OR ITS AUTHORIZED RESELLERS BE LIABLE TO THE OTHER PARTY CUSTOMER FOR ANY AND ALL DAMAGESAMOUNTS IN EXCESS OF AMOUNTS ACTUALLY PAID BY CUSTOMER FOR THE SERVICES. MARKETSPARK IS NOT LIABLE FOR THE CONTENT, LOSSESACCURACY, OR QUALITY OF INFORMATION TRANSMITTED THROUGH ITS EQUIPMENT, FACILITIES, OR SERVICES, OR THROUGH THE EQUIPMENT, AND CAUSES CUSTOMER AGREES TO ASSUME ALL RISK OF ACTION (WHETHER IN CONTRACT TRANSMITTING, RECEIVING, OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE USING ANY SUCH CONTENT OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITYINFORMATION. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF ON LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY REPRESENT A FUNDAMENTAL TERM OF THE SERVICES AND NEITHER MARKETSPARK NOR CUSTOMER WOULD HAVE AGREED TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTTHESE TERMS WITHOUT THEIR INCLUSION. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 13: (a) IN NO EVENT SHALL EITHER PARTY PARTY, ITS AFFILIATES OR THEIR EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIALPUNITIVE, INCIDENTAL, PUNITIVESPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTEXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF REVENUE PROFITS, GOODWILL, USE, DATA OR ANTICIPATED PROFITS OTHER INTANGIBLE LOSSES ARISING OUT OF OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR THIS AGREEMENT; AND (ib) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LOGLENS’S CUMULATIVE AND AGGREGATE LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIESEXCEED TWO HUNDRED U.S. DOLLARS. THE PARTIES AGREE THAT THE LIMITATIONS EXCLUSIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION (COLLECTIVELY, THE “EXCLUSIONS”) APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE NON-BREACHING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE EXCLUSIONS SHALL NOT APPLY TO FEES DUE FOR CUSTOMER’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 12 OR BREACH OF SECTION 6.2. THE SPRINKLR SERVICES PROVISIONS OF THIS SECTION 13 ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE EXCLUSIONS IN DETERMINING TO ENTER INTO THIS AGREEMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 8.1 THE TOTAL LIABILITY OF PHILIPS ARISING UNDER OR IN NO EVENT CONNECTION WITH THE PARTS AND SERVICES FOR ANY BREACH OF CONTRACTUAL OBLIGATIONS, WARRANTY, TORT (INCLUDING NEGLIGENCE), UNLAWFUL ACT, OR OTHERWISE IN CONNECTION WITH THE SERVICE IS LIMITED TO THE ACTUAL PURCHASE PRICE RECEIVED FOR THE SERVICE THAT GAVE RISE TO THE CLAIM. 8.2 PHILIPS SHALL EITHER PARTY NOT BE LIABLE FOR ANY INDIRECT, SPECIALPUNITIVE, INCIDENTAL, PUNITIVEEXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, AND/OR FOR ANY DAMAGES INCLUDING LOSS OF DATA, PROFITS, REVENUE, BUSINESS INTERRUPTION OR USE IN CONNECTION WITH THIS AGREEMENTOR ARISING OUT OF THESE CONDITIONS OF SERVICE, INCLUDING WITHOUT LIMITATION LOSS REGARDLESS OF REVENUE WHETHER THEY ARE FORESEEABLE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING NOT AND WHETHER THE CLAIM IS MADE 8.3 THE EXCLUSION OF LIABILITY IN THESE CONDITIONS OF SERVICE SHALL ONLY APPLY TO THE SPRINKLR SERVICESEXTENT ALLOWED UNDER THE APPLICABLE LAW. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) 8.4 THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY FOLLOWING ARE NOT SUBJECT TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND UNDER SECTION 8.1: 8.4.1 THIRD-PARTY CLAIMS FOR DIRECT DAMAGES FOR BODILY INJURY OR DEATH TO THE DISCLAIMERS EXTENT CAUSED BY PHILIPS’ NEGLIGENCE OR PROVEN PRODUCT DEFECT. 8.4.2 CLAIMS OF WARRANTIES AND DAMAGES SET FORTH HEREINTANGIBLE PROPERTY DAMAGE REPRESENTING THE ACTUAL COST TO REPAIR OR REPLACE PHYSICAL PROPERTY TO THE EXTENT CAUSED BY PHILIPS NEGLIGENCE OR PROVEN PRODUCT DEFECT. 8.4.3 OUT-OF-POCKET COSTS INCURRED BY CUSTOMER TO PROVIDE PATIENT NOTIFICATIONS, AND THAT REQUIRED BY LAW, TO THE SAME FORM AN ESSENTIAL EXTENT SUCH NOTICES ARE CAUSED BY PHILIPS UNAUTHORIZED DISCLOSURE OF PROTECTED HEALTH INFORMATION OR PERSONAL HEALTH INFORMATION. 8.4.4 FINES/PENALTIES LEVIED AGAINST CUSTOMER BY GOVERNMENT AGENCIES CITING PHILIPS’ UNAUTHORIZED DISCLOSURE OF PROTECTED HEALTH INFORMATION OR PERSONAL HEALTH INFORMATION AS THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT FINE/PENALTY; ANY SUCH FINES OR PENALTIES SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTCONSTITUTE DIRECT DAMAGES. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN NO EVENT SHALL EITHER PARTY THESE TERMS AND CONDITIONS, HOTSCHEDULES WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO SUBSCRIBER OR SUBSCRIBER’S USERS FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, SPECIAL, INCIDENTALOR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, PUNITIVEINCLUDING BUT NOT LIMITED TO LOST GOODWILL OR BUSINESS VALUE, LOST PROFITS, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE BUSINESS, EVEN IF HOTSCHEDULES IS APPRISED OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO SHOULD HAVE KNOWN OF THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH LIKELIHOOD OF SECTION 2.8, IN SUCH DAMAGES OCCURRING. UNDER NO EVENT SHALL THE CIRCUMSTANCES WILL HOTSCHEDULES' TOTAL LIABILITY OF ONE PARTY ANY KIND ARISING OUT OF OR RELATED TO THE OTHER PARTY FOR ANY THESE TERMS AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION CONDITIONS (WHETHER IN CONTRACT OR TORT, INCLUDING, INCLUDING BUT NOT LIMITED TOTO WARRANTY CLAIMS), NEGLIGENCE REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, EXCEED THE TOTAL SUBSCRIPTION FEES RECEIVED PAID BY OR PAYABLE SUBSCRIBER TO SPRINKLR FROM AGENCY HOTSCHEDULES UNDER THIS AGREEMENT IN THESE TERMS AND CONDITIONS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT INCREASE THIS LIMIT. EACH PROVISION OF THESE TERMS AND CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THESE TERMS AND CONDITIONS BETWEEN THE PARTIES. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY HOTSCHEDULES TO SUBSCRIBER AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS EACH OF THESE PROVISIONS IS SEVERABLE AND EXCLUSIONS INDEPENDENT OF LIABILITY ALL OTHER PROVISIONS OF THESE TERMS AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSECONDITIONS. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION 9 WILL APPLY TO FEES DUE FOR NOTWITHSTANDING THE SPRINKLR SERVICES UNDER THIS AGREEMENTFAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THESE TERMS AND CONDITIONS. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 IN NO EVENT 11.1 NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, GNOSIS AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTA- TIVES, CONTRACTORS AND EMPLOYEES SHALL EITHER PARTY NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIA- BILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF CUSTOMER DATA OR COST OF PRO- CUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSI- NESS; (B) FOR ANY INDIRECT, SPECIALEXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES OR ANY OTHER MATTER RELATING TO THE SPRINKLR SERVICES. 7.2 EXCEPT FOR (i) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCTCONSEQUEN- TIAL DAMAGES; (iiC) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND MATTER BEYOND GNOSIS REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL DAMAGESOTHER CLAIMS, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF EXCEED THE SPRINKLR SERVICES, EXCEED, IN FEES PAID BY CUSTOMER TO GNOSIS FOR THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY SER- VICES UNDER THIS AGREEMENT IN THE TWELVE (12) 12 MONTHS IMMEDIATELY PRECEDING PRIOR TO THE EVENT GIVING ACT THAT GAVE RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR , IN EACH CASE, WHETHER OR NOT GNOSIS HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS BEEN AD- VISED OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS POSSIBILITY OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTSUCH DAMAGES. 7.3 Neither party will be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by a Force Majeure Event.

Limitations of Liability. 7.1 4.1 EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THE AGREEMENT, LICENSEE ACKNOWLEDGES THAT THE LICENSED SOFTWARE AND ALL SERVICES PROVIDED HEREUNDER ARE PROVIDED ON AN “AS IS” BASIS AND BAYER DOES NOT WARRANT THAT THE LICENSED SOFTWARE OR SERVICES WILL MEET LICENSEE’S REQUIREMENTS, BE ERROR FREE OR OPERATE WITHOUT INTERRUPTION. LICENSEE IS SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE LICENSED SOFTWARE WILL ACHIEVE THE RESULTS IT DESIRES. BAYER MAKES NO OTHER WARRANTIES OR CONDITIONS TO LICENSEE, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. 4.2 THE MAXIMUM TOTAL LIABILITY OF BAYER FOR ANY CLAIM UNDER OR RELATING TO THE AGREEMENT WHATSOEVER, INCLUDING WITHOUT LIMITATION CLAIMS FOR BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, WILL BE LIMITED TO DIRECT, PROVABLE DAMAGES NOT TO EXCEED THE AMOUNTS PAID HEREUNDER BY LICENSEE TO BAYER FOR THE LICENSED SOFTWARE THAT IS THE SUBJECT OF THE APPLICABLE CLAIM. IN NO EVENT SHALL EITHER PARTY WILL BAYER BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENTDAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS BUSINESS PROFITS, BUSINESS INTERRUPTION, USE, INTERRUPTION, DELAY OR LOST INABILITY TO USE THE LICENSED SOFTWARE, DELAYS OR LOSS OF SERVICES, BUSINESS OR LOST SALES GOODWILL, LOSS OR CORRUPTION OF DATA OR INFORMATION, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SYSTEM SECURITY, OR ANY OTHER MATTER RELATING TO COMMERCIAL LOSS, EVEN IF ADVISED OF THE SPRINKLR SERVICESPOSSIBILITY OF SUCH DAMAGES. 7.2 EXCEPT 4.3 THE LICENSED SOFTWARE DOES NOT PROVIDE MEDICAL ADVICE AND IS NOT INTENDED TO BE A SUBSTITUTE FOR (i) EITHER PARTY’S GROSS NEGLIGENCE PROFESSIONAL MEDICAL JUDGMENT, DIAGNOSIS OR WILLFUL MISCONDUCT; (ii) THE PARTIES’ INDEMNIFICATION OBLIGATIONS; AND/OR (iii) A BREACH OF SECTION 2.8, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), ARISING FROM THIS AGREEMENT OR AGENCY’S AND/OR AGENCY’S CLIENTS’ USE OF THE SPRINKLR SERVICES, EXCEED, IN THE AGGREGATE, THE TOTAL FEES RECEIVED BY OR PAYABLE TO SPRINKLR FROM AGENCY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. AGENCY ACKNOWLEDGES THAT SPRINKLR HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 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. IN NO EVENT SHALL THE LIMITATIONS IN THIS SECTION APPLY TO FEES DUE FOR THE SPRINKLR SERVICES UNDER THIS AGREEMENTTREATMENT. 7.3 Neither party will be liable to the other for any failure to perform, or delay 4.4 The remedies provided in the performance of, any obligation Agreement are the sole and exclusive remedies of the Parties and shall apply even if Licensee’s remedies under this Agreement caused fail of their essential purpose. 4.5 Licensee agrees that any breach by it of any restrictions on use or confidentiality obligations contained in the Agreement may cause serious and irreparable harm to Bayer and that in the event of such a Force Majeure Eventbreach by Licensee, Bayer will be entitled to seek injunctive relief as well as any and all other remedies available at law or in equity.